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HomeMy WebLinkAbout12-05-00Minutes of the Town Council meeting held December 5, 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., Bettye H. Steger, Daniel Talbert, Jr., Pauline G. Mitchell, Jeffrey S. Worrell Absent/ Excused James M. Neblett Staff: Gary C. Elander, Town Manager Randolph D. Eley, Jr., Town Attorney David Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director Mike Jenkins, Public Works Director John Hawley, Town Engineer Patricia Pendergrast, Clerk Also Present: David B. Spangler Marvin Covey Otis Byrd Bill Sanders James Holliday Loni Miller Erin Friend Whitney Friend Nick Stark Margaret Stark Stephanie Webb Adrianne Kelly Casey Burns Jody Lawson Kellen Wohlford Lindsay Johnson Kelly Smith David Combiths Heather Burnette Michael Dowell Paul Dellinger, Press Lee Carter, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilwoman Mitchell led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Councilwoman Steger made a motion to adopt Certification Resolution for the Closed Session held before the Council meeting on 2.1-344 (A-3), Acquisition/Disposition of Real Estate, seconded by Councilman Talbert and carried on the following recorded vote: Lane R. Penn - Abstain Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Three additions were made to the agenda under Communications – a) Request for Information, b) Dog Ordinance and c) Real Estate Signs. Mayor Stewart welcomed members of the Pulaski High School Government Class. Next, Mayor Stewart advised that Sherry Boyd, Finance Director, would give a presentation on the Town audit. Ms. Boyd advised that our auditor, Mr. Paul Pickett, met with the Finance Committee and discussed the financial audit, dated June 30, 2000. She advised that cash investments are up. Revenues exceeded the budget at the end of the year and expenditures were under budget, which netted an increase in the fund balance in the general fund. Our debt limit is low. Next item on agenda was Public Hearings. The first item for discussion, was the sidewalk Ordinance 2000-13. Town Attorney Eley advised that the purpose of the Ordinance was to amend the existing sidewalk ordinance to prohibit the use of bicycles in certain prescribed areas. Ordinance Committee has reviewed the Ordinance. The Public Hearing was opened at 7:09 p.m. Dave Spangler addressed Council and spoke against adopting the Ordinance opining that it was directed specifically toward the poor people in the Town. He stated that the majority of them depend upon bicycles for transportation. He also questioned whether it was safer for children to ride in the streets, rather than in the cemetery or on the tennis courts. Next, Marvin Covey spoke for the Ordinance stating that he has seen riders driving recklessly and almost run people over. He stated that Police Officers need to have the authority to handle the problem and this would be provided for in the Ordinance. Councilman Talbert advised that Council was trying to address the density of pedestrian traffic in the downtown area where people step out of a building directly onto the sidewalk and potentially into the pathway of a bicycle. They were not trying to address areas where you have “line of site”. Mayor Stewart asked the Town Attorney to specify the areas involved in the Ordinance. Mr. Eley advised that the Ordinance states that you cannot use skateboards, scooters, or toys, on any street or sidewalk in Town. You cannot use these same items in parking lots in the Town after sundown. You cannot ride bicycles or skateboards, etc. on sidewalks downtown in the prohibited areas. He reviewed the boundaries of the prohibited areas. Government student Kelly Smith spoke against the Ordinance, advising that many students ride bicycles to the Central Gym. She opined that it is safer for them to ride on sidewalks than on the streets. Whitney Friend, Government student, spoke against the Ordinance, stating that it covered too large an area of the Town. There being no further comments, Public Hearing closed at 7:30 p.m. Next item for Public Hearing was Ordinance 2000-16, regarding an increase in Water Rates. Town Manager Elander advised that the Finance Committee has met several times to discuss the Town’s Water and Sewer funds. The Water and Sewer funds are Enterprise funds and are dependent for income on the charges they have. The Town is running a deficit in the sewer fund. He advised that in the water fund, considering depreciation, the level of debt service, needed capital improvements and obligations that the town has made and the fact that the Town has not had an increase since 1997, an increase is necessary. The Finance Committee has settled on 20% for the water fund as reasonable and supportable. For the average user, the 20% water increase will amount to $6.57. At 7:32, Mayor Stewart opened the Public Hearing. There were no comments from the public. It was noted that Mrs. Dorothy Donathin registered with the Town Manager’s office that she was against the proposal and feels that it will be a burden in particular to Senior Citizens and those on fixed incomes. At 7:33, Mayor Stewart closed the Public Hearing. The next item for Public Hearing was Ordinance 2000-17, regarding an increase in Sewer Rates. Town Manager Elander reiterated that Finance Committee has met several times to discuss this fund. Expenses have increased, loans are outstanding in the sewer fund and a $680,000 commitment has been made to eliminate storm water in the sewer system among other things. After much discussion, Committee feels that an increase of 15% is necessary. For the average user, the 15% increase will amount to $4.01. At 7:35, Mayor Stewart opened the Public Hearing. There being no comments from the public, Hearing closed at 7:36 p.m. Next Public Hearing was on the BPOL Tax. Town Manager Elander advised that the state is going to deregulate the public utility industry. Many localities assess a license tax called the Business Professional Occupational License (BPOL) tax as applied to public service corporations. Beginning January 1, 2001, the Commonwealth of Virginia will collect the ½% license tax collected by many localities against the gross receipts of those companies. The State will return this tax to those localities if they have the ½% tax in effect prior to January 1, 2001. The town of Pulaski does not currently have the tax. The proposed Ordinance will enact this local tax in Pulaski, ensuring that ½% collected on gross receipts on AEP, United Cities Gas and others will be returned to the town rather than kept by the Commonwealth. Mayor Stewart opened the Public Hearing at 7:37 p.m. There being no comments from the public, Public Hearing was closed at 7:38 p.m. The next item on the agenda was the Public Comment period. From the public, Bill Sanders addressed Council regarding the proposed timber sale. He stated that he wanted to make sure that Council proceeds cautiously and ensures the safety of the water shed. He also expressed concern with the roadways that will be opened into the wooded areas, suggesting that public access be blocked to prevent dumping. In addition, he inquired what would happen to the proceeds of the sale of the timber and suggested that the proceeds be used to assist with the Case Knife Road water project. Mayor Stewart responded that the funds will go into the general fund. Town Manager Elander advised that Case Knife Road is funded with the exception of approximately $20,000. Next, Marvin Covey addressed Council regarding personal property tax on antique vehicles. He advised that antique cars are driven only on an occasional basis and yet charged the same personal property tax as other vehicles. He advised that the state only requires a one time purchase of tags for antique vehicles. He requested that Council consider charging a 1 time tax or a pro-rated amount for antique vehicles. Mayor Stewart thanked Mr. Covey and referred the request to Finance Committee to review. Next item for Council review was the Consent Agenda. Councilwoman Steger made a motion to adopt the Consent Agenda, consisting of the minutes of November 7, 2000, seconded by Councilman Black. Councilwoman Mitchell advised of a typographical error on page 3, fourth paragraph – “made to replace here” should read “made to replace her”. Motion to adopt Consent Agenda with change then carried on voice vote. Next item on agenda was Committee Reports. Finance Committee Chairman Fleenor advised that committee met November 28 and listened to a presentation on the audit by the Town auditor, Paul Pickett. He advised that Ms. Boyd, Finance Director, would present a current financial report later in the meeting. Next, Utilities Chairman Worrell advised that committee met prior to the Council meeting with a delegation from the Randolph House of Pulaski Home For Adults. The delegation advised that the House is facing severe budget restrictions and requested that Council consider reducing their water and sewer bills. No action was taken at this time, but the request will be discussed during the Town’s budget discussions. Public Operations Committee Chairman Neblett was absent. Town Manager Elander advised that committee met and reviewed proposals that were received for professional services for timber harvesting. No action was taken. Next, Ordinance Committee Chairwoman Mitchell advised that committee did not meet this month. She advised that the sidewalk ordinance was on tonight’s agenda for discussion. Human Resources Chairwoman Steger advised that committee met November 18. She noted that the deadline for receipt of applications for Police Chief and Fire Chief is December 15, 2000. Safety Committee Chairman Penn had no report. Mayor Stewart advised that Planning Commission met on November 13, 2000 for a work session and a public hearing. Commission tabled the request for an automobile salvage yard from James Slaughter and Anthony Saunders pending the outcome of further test results. Next, Mayor Stewart advised that as a result of the resignation of the Economic Development Director, the Town Manager will temporarily manage the Economic Development department. At a later date, recommendations will be taken regarding this issue. Mayor Stewart also advised that he would be handing out a new seating arrangement to be effective at the next meeting and that he has added another member to each of the committees. Next, Mr. Eley, Town Attorney, gave a projects update including that he drafted several ordinances, researched and drafted an amendment to the utility tax ordinance, adding penalties; worked on dilapidated structures and one building code compliance case, resolving it; worked on title searches and completed several contracts and personnel matters. Town Manager Elander said that he had nothing additional to report. Sherry Boyd, Finance Director advised that to date, 8 individuals have paid their delinquent taxes in full and 12 have made payment agreements. The total collected through November 31, 2000 in delinquent taxes and penalties and interest was $30,000. Ms. Boyd advised that through close of business on December 4, 2000, the Real Estate tax collection was $330,000, which represents almost 42% of our budget. She also advised that Personal Property tax collection for that same period was $197,000, which represents 53% of our budget for personal property taxes. Next item on agenda was amendment to Ordinance 2000-15, Electric and Natural Gas Consumer Tax . Town Manager Elander advised that this amendment to Ordinance 2000-15, provides for penalties for violations of the Ordinance. Councilman Penn made a motion to adopt amendment to Ordinance 2000-15, Electric and Natural Gas Consumer Tax, 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 - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next item on agenda was the speed limit on Morehead Lane. Town Manager Elander advised that a petition was presented to Council approximately two months ago to lower the speed limit from 35 to 25 mph on that portion of Morehead Lane that is within the Town limits. Staff has researched the area and has no objection to lowering the speed limit. A sign will be erected indicating the lower speed limit. Next item on agenda was Resolution 2000-31, regarding revisions to Cemetery lot prices. Town Manager Elander advised that the Town is responsible for the care of the municipal cemeteries, including maintenance. Twenty-five percent (25%) of lot sale income is utilized for maintenance and seventy-five percent (75%) is used to build up a perpetual care fund. There are several projects that need to be addressed in the cemeteries. Finance Committee recommends a 50% increase in lot prices. After discussion, Councilman Fleenor made a motion to adopt Resolution 2000-31, regarding revisions to cemetery lot prices, seconded by Councilman Penn 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 - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next item on agenda was timber harvest. Mr. Elander advised that proposals have been received and reviewed for the timber harvest. Draper Aden was selected as most qualified. A draft agreement has been prepared. The Town Attorney will finalize the contract and bring it back to Council for consideration. The next item for discussion was Ordinance 2000-13 regarding sidewalks. Mayor Stewart suggested, based upon comments from the public, that Council study the wording of the ordinance before taking action. Councilman Black made a motion to table Ordinance 2000-13 until Council reviews it further, 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. - No James M. Neblett - Absent Pauline G. Mitchell - No E. G. Black, Jr. - Aye Jeffrey S. Worrell - No Next item on agenda was Ordinance 2000-16. adopting a twenty percent increase in the rates for water service, fixed charges, and volume charges. Councilman Fleenor made a motion to adopt Ordinance 2000-16, seconded by Councilman Black. Councilman Penn expressed concern that every avenue has been researched before implementing this increase. He was concerned for the senior citizens and people on fixed incomes. He wondered whether we could look into variations on billing, ie, based on the size of the dwelling, or the number of people in the dwelling. Town Manager Elander advised that the size of the meters determines the rate of the fixed charges and then the amount of water used determines the remainder of the bill. So, residents are already billed according to use in their specific situation. Councilman Penn opined that we should look into different methods of billing, because currently, the Town depends upon selling water to the industrial users. As the companies employ more conservative methods, this income will not be available to the Town and will impact the Town and its residents. Councilman Worrell advised that he is not happy with the increase, unfortunately, he feels that the fees must be increased, as costs are up and revenues are down. He opined that this was due to the lack of new development. Councilman Talbert suggested that Council not just look at increasing revenue, but realizing that we are not getting growth, look into how we can better curtail our costs to what our revenues are, and not always look just at revenue increases to solve the problem. Mayor Stewart recommended that administration begin researching possible action that could be taken in that direction. There being no further discussion, motion carried on the following recorded vote: Lane R. Penn - No Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - No James M. Neblett - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next item on agenda was Ordinance 2000-17, adopting a fifteen percent increase in the charges for sewer service. Councilman Fleenor made a motion to adopt Ordinance 2000-17, seconded by Councilman Black. Councilman Penn inquired into the possibility of having a smaller increase on the sewer rates? Town Manager Elander advised that staff researched the current unaudited figures through June 30, 2000 and tried to determine the amount that would be required based on the current year. Fifteen percent will supply what will be needed based upon the current year. Councilwoman Steger inquired whether funds from other areas in the budget could be moved to the water and sewer fund? Town Manager Elander advised that the water and sewer fund stand on their own. The Town charges a fee to provide a commodity and the fee needs to fill all our obligations. Town Engineer, John Hawley, advised that the sewer equipment that the pump station is dealing with is 13 years old. In some cases, replacement parts cannot be found. Councilman Talbert inquired whether any consideration has been given to industrial usage versus residential usage and fees accordingly, from the standpoint of water treatment? Mr. Elander advised that this area is highly regulated. Each company has a permit with the Town. The companies must submit to sampling. They are subject to fines if they exceed their limit. There being no further discussion, motion passed on the following recorded vote: Lane R. Penn - No Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - No James M. Neblett - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye The next item on agenda was Ordinance 2000-18, providing for gross receipts tax on telephone and telegraph, and heat, light and power companies, suppliers, gas utilities and suppliers and pipeline distribution companies. Councilwoman Steger made a motion to adopt Ordinance 2000-18, seconded by Councilman Penn 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 - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Abstain Next item for consideration was Case Knife Water Project bids. Town Manager Elander advised that separate bids have been received on three phases of the Case Knife Water project. The low bidder on the storage tank was Mid-Atlantic Storage. C. R. Meador was low bidder on the Pump Station and Meade was the low bidder on Water lines. Staff recommendation was to award the bids subject to verifying insurance and authorizing the Town Manager to process individual contracts. Councilwoman Steger made a motion to award the bids as specified, subject to verifying insurance and authorizing the Town Manager to process individual contracts, seconded by Councilman Penn. Following discussion, motion passed on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next item on agenda was Resolution 2000-32, regarding an agreement for professional services with Wiley and Wilson, Inc., for construction design and related services for the Maple Shade project. Town Manager Elander advised that Council has previously decided to proceed with full design services on the Maple Shade project, based on concept C. An agreement has been reached with Wiley and Wilson, subject to approval by the Virginia Department of Transportation (VDOT). Mr. Elander requested that Council approve execution of the contract, subject to approval by VDOT. Councilman Penn made a motion to adopt Resolution 2000-32. authorizing the Town Manager to execute the contract with Wiley & Wilson, subject to approval by VDOT, 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 - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next item on agenda was Resolution 2000-33, regarding the Virginia Public Authorities agreement for the purchase of electricity from Appalachian Power Company (dba American Electric Power). Councilman Penn made a motion to adopt Resolution 2000-33, 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 - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Abstain Next item for consideration was Resolution 2000-34, amending the budget for the Town of Pulaski, Virginia for the fiscal year beginning July 1, 2000 and ending June 30, 2001. Town Manager Elander advised that the Resolution amends the budget and establishes revenue and expenditure accounts for the Caseknife Water and New River Trail projects. Councilman Penn made a motion to adopt Resolution 2000-34, 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 - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next item on agenda was Communications. Councilman Worrell noted that Council has not had a report from “Friends of the Theatre” recently. He requested that they be asked to provide a status report to Council. Councilwoman Mitchell requested that the dog ordinance and real estate signs be referred to Planning Commission. Mayor Stewart advised that the next Council meeting is scheduled for January 2, 2001 and inquired whether Council wanted to reschedule that meeting due to the holiday season? Following discussion, Councilman Talbert made a motion to move the January 2001 meeting to January 9, seconded by Councilman Penn 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 - Absent Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye There being no further business, Councilman Penn made a motion to adjourn, seconded by Councilman Fleenor and carried.