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HomeMy WebLinkAbout06-05-01Minutes of the Town Council meeting held June 5, 2001 at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Charles W. Stewart, Jr., Mayor Council: Jeffrey S. Worrell, Pauline G. Mitchell, Daniel Talbert, Jr., E. G. Black, Jr., Bettye H. Steger, James M. Neblett, Kenneth G. Fleenor, Lane R. Penn Staff: Gary C. Elander, Town Manager Randolph D. Eley, Jr. Town Attorney David N. Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director Mike Jenkins, Public Works Director Gary Roche, Police Chief John White, Economic Development Director Tom Compton, Building Inspector Chip Hutchinson, Fire Marshall Patricia Cruise Also Present: Sally Bush Jeff Jones Bobby Cox James W. Blankenship Judy Flemming Glenna Jones Judy King Flo Stevenson Jennifer Head Mark Allen Barker Rebecca English Ron Worrell Rusty Mitchell E. T. Montgomery B. S. Owens David Miller John Travis Roger L. Brown Frank Neice Ferd Harvey John Leeper Mary Ann Mitchell Jack Bane 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, two items were added to the agenda: 1. Under 17a – Closed Session under 2.1-344 (A-3), acquisition and disposition of property. 2. Under New Business – Discussion regarding Committees Mayor Stewart advised that the next item on the agenda was the opening of the bid from United Cities Gas (ATMOS) presented by Mr. Cox, Operations Manager for United Cities Gas Company. Mayor Stewart opened the bid and read it out loud for the record. (Copy included in official minutes). He noted that the check in the amount of $1000 included with the bid was made out to Pulaski County Treasurer, rather than the Town. Mr. Cox, Operations Manager for United Cities Gas Company, advised that he would bring a replacement check made out properly. Councilman Neblett made a motion to accept the bid, subject to receipt of a correctly completed check, seconded by Councilwoman Steger and 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 The next item on the agenda was a public hearing for an encroachment request by Mrs. Shirley D. Jessee. Mr. Quesenberry, Asst. to the Town Manager advised that Mrs. Jessee is requesting an encroachment to erect a privacy screen at the front of her property, approximately 8 feet long into the right-of-way for a length of twenty feet. The screen will consist of a wooden structure to support various decorative plants and flowers. Mr. Quesenberry advised that no comments have been received from the public regarding this request. Town staff recommended that an insurance certificate be supplied. Councilman Penn inquired whether the Town has a utility line in the area of the request? Mr. Quesenberry responded that he was not sure. Mrs. Mitchell inquired whether the encroachment would be for Mrs. Jessee alone or for the property? The Town Attorney advised that you can make it case specific. Mayor Stewart opened the public hearing at 7:10 p.m. James W. Blankenship addressed Council advising that he was against approving the encroachment. He advised that English Forest Road is narrow to start with and this would further impede vehicular traffic. Next, Jeff Jones inquired whether the encroachment encompasses the current gravel road that is there or is it in her yard? He also expressed concern with the possibility that water and sewer lines might be below the proposed encroachment area. There being no further comments, Public Hearing close at 7:12 p.m. Councilwoman Steger made a motion to table this request for more study, seconded by Councilman Neblett. Councilman Penn made a substitute motion, that the encroachment request be approved. Motion died for lack of motion. Original motion by Councilwoman Steger, seconded by Councilman Neblett to table the request for further study then 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 - No Next item on agenda was Public Comments. Sally Bush addressed Council reminding Council that the festival will be Saturday, June 9. She invited Council to attend and reminded them that they are invited to ride in the Parade. She presented each member of Council with a can of Silly String to use during the parade. She expressed her appreciation for the cooperation that she has received. Next, Mary Ann Mitchell addressed Council expressing her dissatisfaction with the tentative budget proposed by Council, opining that staff should receive cost of living increases. Finance Chairman advised that the budget has not been approved yet. Mayor Stewart advised that there would be a Public Hearing on the Budget on Tuesday, May 29 at 7:00 p.m. Next, Jack Bane addressed Council regarding a building that he owns that has been condemned and is scheduled to be torn down. He requested that Council stop the demolition of the building, advising that it is the oldest building in Town, that he is making efforts to sell the building, that he has made improvements that he feels meet the requirements of the court and feels that it is currently up to the same standards as surrounding buildings in the area. Next, Judy King addressed Council and presented them with a petition requesting clean up of a burned building on Russell Street, S. E. The building burned over a year ago. She advised that there has been no response to oral requests, nor to offers to purchase the property. Ms. King also complained of water run off from Patterson onto Fifth and Russell Street, of 2 abandoned vehicles on Pierce Street, junk outside the old Napa building and in general, junk around the Town. Councilwoman Steger asked the Fire Marshall what the procedure is for clean up when a building burns down? Chip Hutchinson, Fire Marshall advised that the first the owner is notified to clean it up and are given a time frame to complete the project. They have an opportunity to appeal. If they don’t clean it up within the time frame, it is turned over to the Town Attorney to begin legal action. Mayor Stewart inquired as to the status of this house. Tom Compton, Building Inspector, advised that the owner of the house is not competent and the Town is attempting to ascertain who is legally responsible in this situation. Next, Tom Underwood addressed Council with continued drainage problems on Scott Street. He expressed his disappointment that nothing had been done to correct the problem. Next, Flo Stevenson advised Council that there is an all-Town open meeting planned for Tuesday, June 19 at 5p.m. with the topic of “Increasing Prosperity in Pulaski”. 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 May 1 and May 21, 2001, seconded by Councilwoman Steger and carried on voice vote. Under Committee Reports, Finance Committee Chairman Fleenor advised that committee met and discussed antique car decals. Committee recommended adoption of Resolution 2001-07, regarding exemption to vehicle license fee 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 Chairman Fleenor advised that committee also discussed sale of timber. Chairman Fleenor asked Ms. Boyd to give a financial update. Ms. Boyd summarized revenue collections and advised that all revenue collections are on schedule. Next, Mayor Stewart advised that Planning Commission met for a work session and then met in joint session with Council to consider 3 requests for zoning action. Human Resources Committee Chairperson Steger advised that committee has met three times, but has taken no action to date. Under Town Attorney’s report, Mr. Eley gave a projects update including that he has continued working on the Summers case, worked with Virginia Risk II on two matters; addressed dilapidated structures, reviewed and modified 4 ordinances, worked on the United Cities Gas franchise and on several real estate matters. Mayor Stewart inquired whether title has been acquired for the property at MacGill and Newbern? Mr. Eley answered in the negative. He advised that it has been negotiated, a price has been agreed upon, title search is complete and a date is to be set for closing. Mr. Elander, Town Manager, advised that since the last meeting, Engineering and Public Works department has researched the situation at Mr. Underwood’s property. He advised that after discussion, staff has come up with three possible solutions. He asked Mike Jenkins to elaborate. Mike Jenkins, Public Works Director, advised that his recommendation is to dig a storm water ditch and install culverts from Winfield Circle to Route 11. He advised that this expense can be found in the existing budget. After extensive discussion, Councilman Penn made a motion to refer this problem to Public Operations Committee, 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 - No Daniel Talbert, Jr. - No Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Town Manager Elander continued with his report. He advised that staff has continued to assist Dyncorp, the new business coming to town; worked on the Pulaski Technology center project. He suggested that a special Council meeting be held June 19 for a public hearing regarding the budget, with another meeting June 26 to adopt the budget. Councilwoman Mitchell advised that the next regularly scheduled Council meeting is July 3. She inquired whether the June 26 meeting could be designated to replace the July 3 meeting? After discussion, Councilwoman Mitchell made a motion to move the July 3rd meeting to June 26, 2001 at 7:00 p.m., 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 Town Manager Elander completed his report by congratulating the work of Sally Bush, who is coordinating the new festival scheduled for June 9, 2001. Under Old Business, Council considered Ordinance 2001-11, Granting an Encroachment to Daniel T. Johnston. Councilman Penn made a motion to approve Ordinance 2001-11, Granting an Encroachment to Daniel T. Johnston, 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 item under Old Business was Ordinance 2001-06, Gas franchise. Councilman Neblett made a motion to adopt Ordinance 2001-06, gas franchise, 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, Resolution 2001-07, Exemption to vehicle tax license fee was considered. Councilman Penn made a motion to adopt Resolution 2001-07, Regarding Vehicle Tax License Fee, 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 Under New Business, was Ordinance 2001-08, amending permitted uses in the B-3 Central Business District. Councilman Fleenor made a motion to adopt Ordinance 2001-08, amending Article 4, Section 7.2 (Permitting Uses In the B-3 Central Business District) of the Town of Pulaski, Virginia Zoning Ordinance, seconded by Councilwoman Steger. The Clerk of Council advised of a wording change on page 1, paragraph 5 of the draft ordinance. The wording should read Whereas, as a conditional use, not conventional use. Council then adopted the corrected Ordinance 2001-08 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, Council considered Ordinance 2001-09. Councilman Neblett made a motion to adopt Ordinance 2001-09, Permitting a Conditional Use for Light Manufacturing of Custom Furniture and Wood Products at 57 East Main Street, 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 Council then considered Ordinance 2001-10, Conditional Use for a Family Day Home/Day Care Center. Councilwoman Steger made a motion to adopt Ordinance 2001-10, Permitting a Family Day Home/Day Care Center as a Conditional Use at 501 Henry Avenue, 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 New Business, first item was award of bid for 2001 Street Paving. Mayor Stewart advised that low bidder was APAC of Virginia. Councilman Penn advised that on January 21st, Council received the recommendation and prioritization of streets to be paved from Public Works Department, but they were never discussed. He inquired how we have bids when it hasn’t been reviewed by Council? Town Manager Elander advised that in the absence of a Committee meeting being called to discuss the list, staff just proceeded on. Councilman Penn advised that he realized that it was too late for this bid, but opined that if a recommendation for prioritization is going to be distributed, then Council should review it before bids are sent out. Councilman Neblett made a motion to accept the bid for street paving, seconded by Councilman Worrell. Mayor Stewart advised that for several years, the Town has discussed upgrading the MacGill Street –Newbern Road intersection. He advised that he had received another call on this intersection. He requested that this intersection be included in this summer’s work schedule and preferably right away. Town Manager Elander advised that this is already on the list for this year. Councilman Penn then advised that this bid is for $241,000. He stated that the estimated cost was for $280,000. He inquired whether the $280,000 was the money that we had available? Town Manager Elander advised that the monies are taken from two budget fiscal years. He asked Mr. Jenkins whether the Town could do more work since the estimate was higher than what was bid? He acknowledged that sidewalks are also included in this fund. Mr. Jenkins advised that as it stands now, the Town is going to pull 50% of next years street paving budget into this years paving cycle. If they exceed that, it could make the budget short next spring if an emergency occurs in the winter. Further discussion ensued regarding which streets were to be included in the paving bid. Motion to accept bid for street paving then 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 Mayor Stewart then addressed award of bid for Kersey/Walnut Avenue sewer replacement. Town Manager Elander advised that bids were received for Rural Development loan inflow and infiltration abatement project. The objective of this project is to take additional storm water out of the sewer system. The low bid was in the amount of $369,611.00 from Prillamen & Pace of Martinsville, Virginia. He advised that staff recommendation is for bid to be awarded to Prillamen & Pace, subject to approval by Rural Development. Councilman Neblett made a motion to award the bid for Kersey/Walnut Avenue Sewer replacement to Prillamen & Pace, subject to approval by Rural Development, 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 Next, Councilman Penn addressed Council regarding the scheduling of Committee meetings. He advised that often meetings are scheduled during the day, which makes attendance difficult for those who work. He requested that Committee meetings be scheduled for late afternoon or early evening. Under Communications was a memo from Town Manager Elander regarding a proposed exchange of property between the Virginia first Authority and the New River Valley Airport Commission, to provide an easement and facilitate the Commerce Park project. The airport commission agreed to the exchange but it’s been determined that the local jurisdictions retained title to the airport property. To facilitate this exchange, a Public Hearing must be scheduled. Mayor Stewart then read Resolution 2001-08 regarding this subject. Mayor Stewart pointed out that since Council had just changed the July 3rd meeting to June 26, that information would need to be changed on the Resolution. Councilman Neblett made a motion to adopt Resolution 2001-08 as amended, seconded by Councilman Black 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, at 8:30 p.m. Councilman Talbert made a motion to enter into Closed Session on 2.1-344 (A-3) regarding acquisition/disposition of public property, 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 At 8:45 p.m., Council returned from Closed Session and adopted Certification Resolution on motion by Councilman Fleenor, 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 Councilman Neblett made a motion to accept a bid from Turman Lumber Company to purchase 531 acres of timber at a cost of $260,000, 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 There being no further business, meeting adjourned on motion by Councilman Neblett, seconded by Councilman Fleenor and so carried.