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HomeMy WebLinkAbout05-01-01Minutes of the Town Council meeting held May 1, 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 Randolph D. Eley, Town Attorney David N. Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director Gary Roche, Police Chief John Hawley, Town Engineer John White, Economic Development Director Patricia Pendergrast, Clerk Also Present: Rev. Tom Underwood Mary Ann Mitchell Russell Mitchell Frances Nixon Bob Nixon Jeff King Jonathan Anderson Bill Farlow Ming Chan Nick Glenn Joe Weddle Chris Dyer, Press Tina Ratliff, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilman Penn led the Pledge of Allegiance and Councilman Fleenor gave the Invocation. Following roll call, Mayor Stewart added two items to the agenda: 16d, Resolution 2001-05, UDAG loan for Pat Byrne and 16e, Resolution 2001-06, Condemnation of property Next, Councilman Fleenor made a motion to adopt Certification Resolution for Closed Session held prior to the meeting on 2.1-344 (A-3), Acquisition/Disposition of Public Property; 2.1-344 (A-5), Prospective Business; and 2.1-344 (A-7), Contracts, seconded by Councilwoman Steger 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 The first item on the agenda was a Public Hearing for Virginia Feed Store Encroachment Request. Mr. Quesenberry advised that this request is to place a forty (40) foot long porch on the front of a new addition to the present structure and an additional twenty (20) feet for a ramp, for a total encroachment of sixty (60) feet in length. The renovation includes adding to the present porch that comes to the edge of the sidewalk and encroaches on the right-of-way and adding a ramp, which will also encroach on the Town’s right-of-way. Mr. Quesenberry advised that there have been no problems with the encroachment of the present structure. Town Manager Elander recommended that Town Attorney draw up a document that sets the condition that should the Town need the right-of-way in the future, the Town could reclaim the right-of-way. Councilman Neblett made a motion to accept the request with condition, seconded by Councilwoman Steger 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, was the Public Comment Period. Reverend Tom Underwood addressed Council with a problem with potholes in his road that he says the Town should be maintaining. He advised that from the top of Pepper’s Ferry Road where Winfield Circle begins down to Lee Highway, the water system flows to his side of the road. This flow washes out the road, spreading gravel down the road and causing vehicles to slide into Lee Highway. He advised that vehicles have to sit on Lee Highway and wait to turn in because the potholes make only one lane accessible. He advised that the Police Department has advised that he cannot park on the street because it is too narrow. He stated that he asked the Town to help and was given a quote for over $5000 to fix his land. He requested that the Town put in curb and guttering from the top of the hill to the bottom on the one side of the street that washes to correct the problem for the entire area. The Town Manager was requested to look into the matter and report back at the next Council meeting. Next, Tim Johnson, of Virginia Feed Store, addressed Council advising that he has heard a lot of criticism about the Town and its employees and he wanted to relate his recent experience with the Town. He stated that he has been working with the Building Inspector, Tom Compton, in adding on to his building. He advised that he has received great assistance and cooperation from Mr. Compton and just wanted to let Council know that Mr. Compton has been a big help to him. Next, Mary Ann Mitchell addressed Council. She advised that she had attended the last Council meeting and planned to attend many more. She advocated directing our funding toward the Route 99 area, rather than the downtown area. She opined that a presence is needed out Route 99, so that people have a reason to get off the Interstate. There being no further Public Comments, Council moved on to the Consent Agenda. Councilman Worrell made a motion to adopt the Consent agenda consisting of the minutes of April 3 and April 10, 2001, 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 on agenda was Committee Reports. Finance Committee Chairman Fleenor advised that committee met and discussed purchasing paddle boats to be used at Gatewood Park. Total cost for three boats would be less than $1500. Committee recommendation is the purchase of three paddleboats for Gatewood Park as soon as possible if money is available in this years budget. If money is not available this year, then an item is to be added to next years budget. Mr. Elander is given discretional authority in this transaction. Councilman Worrell inquired whether there has been demand for these boats or has the town had these boats available in the past? He also inquired whether Parks and Recreation Director Dave Hart had had any input into this? Councilwoman Mitchell advised that we have had paddleboats before, but there are none now. She also advised that she has had requests for paddleboats. Chairman Fleenor advised that it is felt that the boats will pay for themselves within three years. Following further discussion, Mr. Elander advised that staff will check with our insurance agent to see if our current insurance will cover the boats and would also obtain the Recreation Director’s opinion on purchasing these boats. There being no further discussion, motion passed 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 Chairman Fleenor advised that the second recommendation is to set up a system of cost analysis for all projects that would exceed $20,000.00. All costs would be billed to these projects. The costs would include labor equipment, materials, comp. time, and all related costs. Following discussion, motion 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 Chairman Fleenor asked Ms. Boyd, the Finance Director, to give a financial update. Ms. Boyd gave a financial update for third quarter end. She advised that 72.87% of total property taxes have been collected. 76.97% of total local taxes, and 69.43% of total budgeted revenue has also been received. This does not include the last half of our real estate tax collection. Next, Ordinance Committee Chairwoman Mitchell advised that committee met and discussed the problem with false alarms being set off. She advised that after discussion, staff was requested to bring back a copy of the current Town ordinance regarding false alarms for comparison and discussion by Committee. Councilman Penn suggested that the amount of the fine for setting off false alarms be set according to the actual expenses incurred by the Town in pursuing the false alarms. Town Manager Elander advised that staff would gather those figures and discuss them with Ordinance Committee at their next meeting. Next, Mayor Stewart advised that Planning Commission met and conducted a work session on the revision of the zoning regulations and a public session on the Comprehensive Plan. He advised that Commission voted to recommend to Council that the revision not be done until 2000 Census data was available and that a vision statement and a capital improvement plan also be included in the Plan. He also advised that a request for referral to the Planning Commission from the Board of Zoning Appeals has been received. Dave Quesenberry, Assistant to the Town Manager advised that the Board of Zoning Appeals met to consider a request for a special exception to permit light manufacturing at 57 E. Main Street. He advised that the Board could not grant the special exception under current rules and requested that the issue be referred to Planning Commission by Town Council. Because of the delay caused by these developments, Commission requested that Town Council and the Planning Commission conduct a joint hearing on May 21, 2001, which would allow all state advertising requirements to be met. Councilman Neblett made a motion to refer the conditional use request for an amendment allowing light manufacturing as a conditional us in the B-3 zone, to Planning Commission and Town Council for a joint hearing on May 21, 2001, seconded by Councilwoman Steger 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, Mr. Nick Glenn requested that another hearing be held at the same time to run in tandem with the public advertisement for the Planning Commission and the joint meeting. This hearing would be for a conditional use to permit light manufacturing at 57 E. Main Street. Councilwoman Mitchell made a motion to conduct a joint Planning Commission and Council meeting on May 21, 2001, seconded by Councilman Fleenor 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 Mr. Quesenberry advised that there was one more matter to be heard at the May 21, 2001 meeting: Case # 2001-07, a conditional use request for a daycare center in the R-2 district. Councilman Neblett made a motion to include Case # 2001-07, a conditional use request for a daycare center, in the May 21, 2001 joint meeting, seconded by Councilwoman Mitchell 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 Mayor’s report, Mayor Stewart advised that a plan has been revealed regarding a downtown tech center. He also advised that an announcement has been made regarding a new business locating to the downtown area that will provide jobs for approximately 73 people. Town Attorney Eley gave a projects update including representing the new Police Chief in a lawsuit; working on condemnation of dilapidated buildings; work on UDAG loan; preparing Resolutions; research on antique vehicle ordinance and work on the timber contract among other items. Next, Town Manager Elander introduced the new Economic Development Director, John White. Mr. White advised that he has been very busy and is looking forward to working with the Town. Mr. Elander gave a projects update, including proposing a final schedule for the budget; progress on assisting a new business coming to Town; participation in an environmental management plan seminar and attendance in a technology meeting. He advised of pending employee meetings and sign ups for insurance; announced Clean Up day for the Town on May 5; and advised of meetings with Department of Transportation, who are updating the present transportation plan. He asked John Hawley to summarize that updated plan. Mr. Hawley advised that VDOT is currently working on a plan called the 20/20 Plan. They look at accident data, responses to questionnaires regarding truck routes and areas perceived to be problems by the Town; conduct turning movement counts at the intersections, and tube counts to come up with level of services. They take into consideration pedestrian and bicycle movement that needs to be included in the plan. They then compare this information to the 20/10 plan to come up with the new plan. The next phase will be environmental considerations from these projects. The consultant feels that a draft projects plan will be ready in approximately 30 days and a finalized plan in about 60 days. Mayor Stewart requested that the records show that he has called a special joint Council and Planning Commission meeting for May 21, 2001 at 7:00 p.m. Next, the Town Manager recommended the choice of Key Advantage expanded insurance plan for employee insurance. The Town will pay 100% of the $246 per month premium per employee for employee coverage. Councilman Neblett made a motion to pay $246 a month per employee for employee insurance coverage, 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 Next item on agenda was amending the ordinance regarding the electrical utility franchise. Town Attorney Eley, advised that when he drew up Ordinance 2001-05, he included some language that was not in the original ordinance, but was allowed by law. The utility company has asked that this language be revised. Ordinance 2001-07 complies with this request. Councilwoman Steger made a motion to adopt Ordinance 2001-07, amending Ordinance 2001-05, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Abstain 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 New Business, Mr. Elander advised that he had received a letter from the County advising that the bulk water rate for fiscal year 01-02 is going down from $1.60 to $1.56. He also advised that VML Policy committees will meet in July, 2001. He advised that he had recommended Council members for committees. Next item on agenda was Resolution 2001-05, approval of UDAG loan request for Pat Byrne. Councilwoman Steger made a motion to adopt Resolution 2001-05, 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 In response to a question from the public, Town Engineer Hawley advised that no one has recently looked at the parking situation at the corner of First St. and Washington. He stated that he would ask the VDOT consultant for Urban Transportation Update to look more closely at this intersection. Next item on agenda was Resolution 2001-06, Condemnation of Huckstep property. Town Attorney Eley advised that we have been unable to contact the owners of the Huckstep property to secure an easement to his property for a Rural Development project. Since we are unable to contact the owner, the next step is condemnation of the property. Resolution 2001-06 addresses this issue. Councilman Neblett made a motion to adopt Resolution 2001-06, condemnation of Huckstep property, seconded by Councilman Worrell 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 8:28 p.m., there being no further business, meeting adjourned on motion by Councilman Neblett, seconded by Councilman Worrell and so carried.