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HomeMy WebLinkAbout01-09-2001 (2)Minutes of the regular Town Council meeting held January 9, 2001 at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Charles W. Stewart, Jr., Mayor Council Members: Jeffrey S. Worrell, Pauline G. Mitchell, Daniel Talbert, Jr., E. G. Black, Jr., Bettye H. Steger, James M. Neblett, Kenneth M. Fleenor, Lane R. Penn Staff: Gary C. Elander, Town Manager David N. Quesenberry, Asst. to the Town Manager Randolph D. Eley, Jr., Town Attorney Sherry Boyd, Finance Director E. T. Montgomery, Police Chief Patricia Pendergrast, Clerk Also Present: Anthony Saunders Joseph A. Slaughter James Holliday Charles Wade Andy McCready Bob Roberts, Olver Inc. Paul Dellinger, Press Lee Carter, Press Sam Bromley, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilman Fleenor led the Pledge of Allegiance and Councilman Penn gave the Invocation. Following roll call, Mayor Stewart advised that the first item on the agenda was presentation of the ARB Annual report. He advised that the ARB Annual Report was included in the packet and requested a motion to adopt the report. Councilman Penn made a motion to adopt the ARB Annual Report, (included in the official minutes), seconded by Councilman Fleenor and carried on voice vote. Next item on agenda was a public hearing for a conditional use permit for a salvage yard. Dave Quesenberry, Asst. to the Town Manager, summarized the case. He advised that Mr. Joseph Slaughter and Mr. Anthony Saunders, agents and owners of Joe’s Auto Service; and H.A. and Karen McCready, owners, have requested a conditional use permit for an automotive salvage yard to dispose of vehicles. Mr. Quesenberry advised that Planning Commission has reviewed this case on several occasions. Concerns discussed during Planning Commission meetings included sight distance with vehicles from the site using the present road, visibility of the site from Route 99 coming into Town, and environmental brownfields site survey results which noted hazardous levels of arsenic and lead. He advised that Mr. McCready, owner, has offered to remediate the site by removal of contaminated soils. The removal would be subject to DEQ and EPA regulations and oversight. A Stormwater Pollution Prevention plan and a Stormwater Permit would also be required for the site. Mr. Quesenberry advised that Planning Commission, after extensive discussion, approved the request with the following conditions: 1. No more than 300 vehicles, or major part thereof on site. 2. No vehicle or part thereof to be on site for more than 90 days. 3. That the 23 acres of greenway buffer be excluded from the conditional use. Councilman Penn inquired as to the size of the area considered contaminated. Mr. Quesenberry replied approximately 1200 square feet. Next Mr. McCready addressed Council. He reviewed the background with Council. He advised that there will be approximately 23 acres used as a buffer. He also advised that he first learned of the results of the brownfields survey at the Council meeting in October, 2000. He stated that as soon as he learned of the report, he hired Mr. Roberts, an Environmental Engineer with Olver, Inc., to complete his own survey. He advised that as a result of that survey, he will remediate the contaminated site by removal of contaminated soils, prior to the sale of the land to Mr. Slaughter and Mr. Saunders. Next, Mr. Roberts, Environmental Engineer with Olver, Inc, addressed Council and reviewed his survey results with Council. He reiterated that a plan has been devised to clean up the site through the voluntary remediation program with DEQ. Six to twelve inches of soil will be removed and sent to a hazardous waste landfill. He emphasized that oversite will be provided by DEQ and EPA guidelines will have to be followed. In response to questions from Council, Mr. Roberts advised that approximately 40 cubic yards will be removed and taken to a hazardous waste landfill. He also advised that the contaminated concentration levels varied from a low of 2 milligrams per kilogram to a high of 173. In response to questions from Mr. McCready, Mr. Roberts advised that he was surprised that DEQ has not pursued clean up of the site if they were concerned with the numbers in the brownfields survey. He opined that DEQ was not concerned with the results. In response to questions from Council, Mr. McCready advised that because of the lay of the land, the site is not visible from Route 99. He also advised that it was determined that a new entrance into the site is not necessary. In response to a question from Councilwoman Steger regarding the number of vehicles allowed on the lot, Town Manager Elander advised that the owner should self-police his lot and provide staff with reports, with zoning administration staff conducting periodic checks. Mr. Slaughter then addressed Council. He advised that he previously ran a salvage yard in Ohio and kept it clean. Future plans for this lot include installing a building on the site for storage. In response to a question from Councilwoman Mitchell, Mr. Slaughter advised that he would turn in a monthly report to the Town regarding the number of vehicles on the site. Mr. Slaughter advised Police Chief Montgomery that he will not buy parts from citizens. He will only have junk automobiles. Mr. Sanders addressed Council and reiterated Mr. Slaughter’s comments. He advised that they need a decision tonight, if possible. At 7:37 p.m., Mayor Stewart opened the Public Hearing for public comments. There being no comments from the public, Hearing was closed. Councilman Penn commented that there was nothing in the report that concerned him and made a motion to approve the conditional use request with the conditions set by Planning Commission: a. No more than 300 vehicles or parts thereof on the site. b. Such vehicles or parts thereof may remain on site no more than 90 days. c. That the 23 acres of greenway buffer (noted in the map included in the official minutes), be excluded from the conditional use Motion was seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Next item for review was Consent Agenda. Councilman Worrell made a motion to adopt the Consent Agenda, consisting of the minutes of December 5 and 13, 2000, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Next item for discussion was Committee reports. Finance Committee Chairman advised that committee met and discussed maximizing interest on the town’s investments. The Town Manager was instructed to seek the most attractive yield available on $1 million of the available UDAG funds. Committee also discussed a request from Mr. Covey that owners of antique vehicles not be required to purchase vehicle decals each year. Staff was asked to check other localities to see what policies they have regarding decals on antique vehicles. Ms. Sherry Boyd, Finance Director, advised that total collections as of 12/31/2000 for delinquent tax collections was $24,000. Also collected was $17,000 in penalties and interest on those delinquent tax collections. Through that same period, real estate taxes collected amounted to $439,000 and personal property taxes collected amounted to $254,000. Next, Ordinance Committee Chairwoman Mitchell advised that committee met and discussed the definition of “dog kennel” in the zoning ordinance. It was noted that the Planning Commission is scheduled to review the matter at their January meeting. She advised that Town Manager Elander reported that the zoning administrator believes that the dog kennel provisions in the zoning ordinance were effective and workable as written. He noted that the Town follows a similar practice as used in the County. There was consensus that no further action is needed at this time. Chairwoman Mitchell advised that committee also discussed real estate and similar signs being found on intersections and right-of-ways. Concern has been expressed about the public appearance of multiple directional “for sale” signs throughout the town. It was noted that the present ordinance only permits a single sign no more than six feet square on premises of the lot being sold or leased. Committee requested that a courtesy letter be sent to companies and realtors who place signs, pointing out that the existing law permits one, on-premises sign only and asking that other signs be removed within 30 days. Chairwoman Mitchell also advised that committee again reviewed the existing ordinance that regulates devices on wheels in the downtown area. It was determined that the wording in the existing ordinance “other devices on wheels”, includes bicycles. Therefore, the tabled, revised ordinance does not need to be adopted. It was noted that the present ordinance does not restrict riding in cemeteries or tennis courts and could be addressed by ordinance. Town Manager Elander said that since tennis courts and cemeteries were public facilities, devices on wheels could be restricted by matter of policy through signage. Additional signs are to be installed in the downtown area, particularly at the post office. Next, Human Resources Chairwoman Steger advised that committee met in closed session and reviewed applications for Police Chief and Fire Chief positions. Some applicants will be invited to interviews to begin later this month. Next item on agenda was Planning Commission Report. Mayor Stewart advised that Commission met January 8 and conducted a work session and three public hearings. He advised that the first draft of the zoning regulations is complete and is expected to be referred to Council for review in March of this year. During the regular meeting, Commission elected new officers, examined the annual report and conducted three public hearings. Mrs. Katy Kirk was elected chairperson and Mr. Charles Stafford, Vice-Chairman. Commission also received a report concerning the referral process. The regional Planning District Commission and the Town Attorney interpret the statute to allow applications to be forwarded directly to Planning Commission, as is the practice among many other jurisdictions, without a referral from Council. This will have the effect of allowing Planning Commission cases to be referred to Council in time for the Council meetings at the first of the month. Mayor Stewart advised that the first Planning Commission public hearing was for a conditional use permit to operate a truck salvage yard at the former location of the King Coal Yard. Following the hearing, commission voted unanimously to grant the conditional use with the following conditions: 1. Units will not remain on the premises for more than 120 days. 2. There will not be more than 30 units on the premises at any one time. 3. A buffer zone will be established between the parcel and the railroad and potential creek walk. Council will address this issue in February. Mayor Stewart advised that Commission also conducted a public hearing concerning possible recommendations or comments on the number of dogs allowed on a property. After discussion, commission voted to table the matter pending reexamination of the issue in the current rewriting of the zoning regulations. Mayor Stewart advised that the final hearing concerned realty signs in the Town. Commission tabled the issue pending reexamination of the issue in the current rewriting of the zoning regulations. Under Town Attorney’s report, Mr. Eley advised that the Charter amendment to reduce the number of Council members from 8 to 6 has been approved by the Justice Department. He also advised that the Justice Department apparently had not approved provisions in the previous Charter regarding replacement of Council members. This will also be included in the current Charter amendment. He then gave a projects update including reviewing and amending Rural Development contract changes; closing and distributing a UDAG loan; reviewing New River Trail easements; progress on dilapidated structure condemnations; and drafting a contract with Draper Aden for timber harvest. Mayor Stewart advised that Council should consider how to implement the reduction in Council members and be prepared for discussion at the February Council meeting. Under Town Manager’s report, Mr. Elander advised that in response to Council’s request, the Friends of the Theater will make a presentation at the February Council meeting. Health Insurance renewal proposals will be reviewed this month; the annual report for 2000 is being prepared; the 2nd round of pursuing tax delinquencies is due to begin; a grant for $50,000 for the New River Trail extension has been completed and submitted. Mr. Elander also advised that the Town has received a proposed renewal for a franchise agreement from United Cities Gas and the 30 year franchise agreement with AEP is coming up for renewal in April and requested that Utilities Committee review them. Mr. Elander also advised that recently the Town has looked into funding for Route 99 widening. At this time, the Town portion will not be funded until 2006 and only partial funding has been allocated for preliminary engineering and right-of-way acquisition. No construction dollars what so ever has been budgeted for the County portion. Mr. Elander then gave a projects update. Next, Mayor Stewart advised that the Peak Creek Master Plan Working Group has tentatively drawn up plans calling for installation of some low level dams in the creek bed to keep the water level up and make it more attractive, and possibly allow ice skating in the winter and fishing in the creek. Simultaneously, plans call for in-the-creek walkways, which would allow access to the water in the creek bed. The plans also call for several overhanging decks on the wall to be used as picnic/viewing areas. Under Old Business, Council had instructed the Town Attorney to draw up a contract with Draper Aden regarding the timber harvesting. Ordinance # 2001-01, agreement for services with Draper Aden and Associates addresses that issue. Councilman Neblett made a motion to adopt Ordinance 2001-01, agreement for services with Draper Aden and Associates, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Under communications, the Town is in receipt of a letter regarding the joint petition of NUI Corporation and Virginia Gas Company regarding a request for approval of the merger of Virginia Gas Company with NUI Corporation. The Virginia State Corporation Commission ordered Virginia Gas Company to provide a copy of the order “Establishing Hearing and Additional Procedural Schedule”, to appropriate local government officials within Virginia Gas Company’s current and proposed service areas. A copy of the letter is included in the official minutes. Mayor Stewart advised that he was in receipt of a letter from Dean Hufford complimenting the Public Works Sewer department. He experienced difficulties and the Town sewer workers were able to assist him. He requested that the compliments be passed on to the Sewer Department. There being no further business, at 8:23 p.m., Councilwoman Steger made a motion to enter into Closed session under Code of Virginia Section 2.1-344 (A-1) Personnel and 2.1-344 (A-3) Acquisition/Disposition of Property – 2 items; and 2.1-344 (A-7) Contract matter, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye At 8:50 p.m., Council returned from Closed session and adopted certification resolution on motion by Councilwoman Steger, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye There being no further business, meeting adjourned on motion by Councilman Neblett, seconded by Councilman Fleenor and so carried.