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HomeMy WebLinkAbout08-07-01Minutes of the Town Council meeting held August 7, 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 Gary Roche, Police Chief Bill Webb, Police Chief Patricia Cruise, Clerk of Council Others Present: Linda Jane Kinser Sterling S. Kinser Robert C. Haga, Sr. William L. Lane Mable Reed Joyce Blevins Gale Grantham Lance Yelton Geraldine Trompeter Terry Hale Rhonda Hale David Tickner Peter Huber Kim Edmonds Mary Ann Mitchell Rose Mary Moody Ruth Hayter Thomas Alderman Angela Alderman Larry Blevins George Paine, Press Tina Ratliff, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilman Neblett led the Pledge of Allegiance and Councilman Black gave the Invocation. Following roll call, Mayor Stewart added three Resolutions to the agenda under New Business. Councilman Neblett made a motion to adopt the Certification Resolution for the Closed Session held prior to the Council meeting under 2.1-344 (A-3), disposition/acquisition of property, 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 Mayor Stewart welcomed the visitors including Pulaski County Administrator Peter Huber. Mr. Huber introduced David Tickner, the new Community Development Director for the County. Mr. Tickner advised that he was looking forward to working with the Town and the County. The first item on the agenda was a Public Hearing for Planning Commission case # 2000-10PH, regarding the Comprehensive Plan. David Quesenberry, Assistant to the Town Manager, advised that the Planning Commission considered Council’s request to review the Comprehensive Plan. They recommended waiting until data from the 2000 Census is received to ensure consideration of the most up to date information. They also recommended inclusion of a capital improvements program within the comprehensive plan and a new vision statement for the Town. Mayor Stewart opened the Public Hearing at 7:08 p.m. There being no comment, Public Hearing was closed. Councilwoman Steger made a motion to postpone action on the Comprehensive Plan until the new Census data is received, 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 consideration, was Planning Commission Case # 2001-08CU, a request for a day care center. Mr. Quesenberry advised that the request meets the requirements of the Comprehensive Plan and zoning regulations. Staff comments were reviewed by Planning Commission and they recommended approval with the following conditions: 1. That the fence around the play yard be a minimum of eight feet in height from the ground surface of the play yard. 2. That no portion of the play yard be within thirty feet of the paved portion of Bob White Boulevard. Councilwoman Mitchell inquired into the need for guard rail. She opined that a sign should be installed saying “children at play”. Town Manager Elander advised that staff would take a look at that. There being no further questions from Council, Public Hearing was opened. From the public, Mrs. Mary Ann Mitchell spoke in favor of the proposal advising that there is a need for a day care center and that whatever was necessary to make it safe, needs to be done and approved. The applicant, Ms. Alderman, inquired whether the fence could be 4 feet tall rather than 8 feet. She advised that an 8 foot fence is 5 times more expensive than a 4 foot fence. In addition, she advised that the children will always be supervised when outside playing. She advised that there is a pedestrian crosswalk in front of her building. Gale Grantham opined that a light should be installed at the intersection of Critzer School and DMV to assist with traffic. He stated that traffic flow is particularly heavy at that intersection during the school year. There being no further comments from the public, Hearing was closed at 7:18 p.m. Councilman Penn advised that he was in favor of allowing installation of a 4 foot fence rather than an 8 foot one. Councilman Penn made a motion to approve Planning Commission Case # 2001-08, a request for a day care center with the following conditions: 1. That a fence be installed around the play yard and that it be a minimum of four feet in height from the ground surface of the play yard. 2. That no portion of the play yard be within thirty feet of the paved portion of Bob White Boulevard. Motion was 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 item on agenda was Planning Commission Case # 2001-09, regarding an amusement center. Mr. Quesenberry advised that the request for a permit to operate an amusement/game entertainment center at 1018 East Main Street meets the conditions of the Comprehensive Plan and Zoning regulations. He advised that no negative staff comments were received and that one citizen called the Town to express his support for the application. He advised that the Planning Commission recommended approval of the conditional use subject to the following provisions: 1. That pool tables are allowed on the premises. 2. That electronic games are allowed on the premises. 3. That no alcohol be served. Councilman Penn advised that he would like to see the wording reflect that no alcohol will be served or allowed on premises. Mr. Quesenberry advised that one of the rules will be that anyone suspected to be under the influence of intoxicants of any kind will be required to leave. Public Hearing was opened at 7:25 p.m. There being no comments from the public, hearing was closed. Councilman Penn made a motion to approve Case # 2001-09, a request for a permit to operate an amusement/game entertainment center at 1018 East Main Street with the following conditions: 1. That pool tables are allowed on the premises. 2. That electronic games are allowed on the premises. 3. That no alcohol be served or allowed on premises. 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 on agenda was a request for closure of First Street, SW right-of-way between State and Bertha Street. Mr. Quesenberry advised that the applicant wishes to enlarge his property to permit construction of a dwelling that will meet zoning requirements. He said that Department Heads and the Public Operations Committee reviewed the request and recommended closing the entire portion of the First Street right-of-way, but retaining utility easements. He advised that a petition, photographs and a letter were received today opposing the request. Councilwoman Steger inquired whether this closure would affect access to other houses in the area? Mr. Quesenberry answered in the negative. Mayor Stewart opened the Public Hearing at 7:30 p.m. Robert C. Haga, Sr., spoke against the request, citing close proximity of the proposed new addition to his house. He advised that he has mowed this area for many years. Sterling Kinser spoke against the request, advising that he had presented a petition, pictures and a letter showing opposition to the request. Mr. Gale Grantham, applicant, opined that Mr. Haga will actually gain 25 to 30 feet if this request is approved and that he has also mowed the area. He submitted pictures to Council for the record. There being no further comments, Public Hearing was closed at 7:41 p.m. Following further discussion by Council, Councilman Penn made a motion that the First Street, SW, right-of-way between State and Bertha not be closed and that the Town maintain it, seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - No Pauline G. Mitchell - No James M. Neblett - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Next item on the agenda was a request for closure of the alley between 15th and 16th Street, NW. Mr. Quesenberry advised that this request has been reviewed several times in the last few years and each time has been left open. He advised that repeated disputes have occurred between landowners over the use of the alley and blocking the alley with vehicles or structures on the Randolph Avenue side. He advised that at present, the right-of-way appears to have accessory structures placed upon it and large trees growing within its bounds. He also advised that Department Heads and the Public Operations Committee recommend closing the alley while retaining the right for utility easements. Mayor Stewart opened the Public Hearing at 7:50 p.m. William Lane and Ruth Hayter both spoke against closing the right of way, citing the need for access to their houses. The applicant, David Allen, advised that this area is not wide enough to be called an alley. He stated that he has been mowing this area for 17 years and requested that it be closed. There being no further comments, Public Hearing was closed. Councilman Penn advised that it either has to be a right of way or not a right of way. There are structures on it and it cannot be accessed anyway. If the Town wishes to keep it as a right of way, then people will have to move their structures off of it. Following discussion, Councilman Penn made a motion to close the alley between 15th and 16th Street, NW and motion died for lack of a second. Councilman Fleenor made a motion to leave the alley open and motion died for a lack of a second. (The alley remains open). Next on the agenda was the Public Comment Period. Larry Blevins addressed Council and inquired into the status of the Dora Highway flood zone and expressed dissatisfaction with the status of town projects in general. Next item on the agenda was the Consent Agenda. Councilwoman Steger made a motion to adopt the Consent Agenda, which consisted of the Minutes of the June 26, 2001 meeting, seconded by Councilman Fleenor and carried on voice vote. Next item on the agenda was the Finance Committee report. Chairman Fleenor advised that committee met and discussed a delinquent UDAG loan, a request from the Theater group, the upcoming General Obligation bond, alternate sites for the Pulaski Technology Center if the AEP building is not available, and began a study on overtime and comp time that has been accumulating, with no action taken. He then asked Ms. Boyd, Finance Director to give a financial update. Ms. Boyd advised that as of June 30, 2001, the un-audited figures show a positive balance in the General fund and the Water and Sewer fund. In addition, she advised that $43,000 has been collected in back taxes. Next, Utilities Committee Chairman Worrell advised that Committee met with representatives of the Peppers Ferry Regional Wastewater Treatment Authority on July 10 and continued discussion on their proposed change from an allocation basis charge to a use basis charge. The Authority addressed a number of concerns that the Town had about the proposed change and it is the recommendation of the Utilities Committee that the change be approved, subject to receipt of the final document, further review and final approval of the document by Council. Next, Mayor Stewart advised that the Town has received a grant from the federal government regarding flooding along Peak Creek. Next, Town Attorney Eley gave a projects update including working with the Police Department on “Operation Print”; Caseknife Rural Development final documents have been submitted; the Draper project is proceeding; the McCarthy deed is being re-drawn at his request and a title for the entire property is being searched; there has been coordination with co-counsel on both the Summers and Moye matters; coordination with the Fire Marshall, the Building Inspector and the Town Manager on the Murphy LLC property; preparing condemnations on the Huckstep and Dunnivant properties; finalized the Timber contract; and contact with the Finance Director regarding the next round of tax cases. Town Manager Elander then gave a projects update including that letters have been sent to property owners of vacant structures that appear to be beyond repair; maintaining a logging system for service requests; met with the County and the Bike Virginia group and are looking at a bike tour of Southwest Virginia in 2002; held an annual employee picnic; attended a New River Valley Economic Alliance prospect team meeting and discussed how to increase the number of industrial and commercial prospects and reviewed the particular needs in each of the areas; continued to work on the proposed technology center; met with Norfolk Southern personnel regarding the trail; worked on intersection improvements next to Critzer School; and worked with Downtown Pulaski. Next item on agenda was New Business. Mr. Elander advised that the purchase of a brush truck has been in the CIP for several years. The brush truck would be used to fight brush fires, replacing an old vehicle. Three bids were received with the lowest bid being $90,000, including radio and tools. He advised that presently, $12,000 is encumbered from last fiscal year toward this truck. He recommended that the balance be paid from the General Fund undesignated fund balance, but then be reimbursed by the General Obligation Bond Issue following authorization and financing. Fire Chief Webb reviewed the specifications of the proposed new truck and outlined the plans for the old equipment. Mayor Stewart opined that the issue should be referred to the Finance Committee to review. He expressed concern with drawing money from the Undesignated Fund to be replaced by the General Obligation Bond. Town Manager Elander advised that if the General Obligation Bond is not approved, then the funds would just come out of the Undesignated Fund Balance. Councilwoman Mitchell made a motion to buy the brush truck, using the $12,000 encumbered from last fiscal year and paying the balance from the Undesignated Fund Balance and then replacing it with General Obligation Bond money if it is approved, 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 Town Manager Elander advised that he and the Mayor met with representatives from the Chamber of Commerce and Pulaski County regarding a suggestion that the Chamber of Commerce staff a Visitors Center in Dublin. Further discussion will be held before a decision is made. Next item on agenda was Resolution 2001-16, regarding land exchange. Mayor Stewart advised that there was a problem with the wording of the document and requested that it be tabled. Councilwoman Steger made a motion to table Resolution 2001-16, regarding land exchange, 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 for consideration was Resolution 2001-17, honoring Michael Dowell. Councilwoman Steger made a motion to adopt Resolution 2001-17, seconded by Councilman Neblett. Councilman Worrell made a substitute motion that both Resolution 2001-17, honoring Michael Dowell and 2001-18, honoring Pat Gooch, be adopted at the same time, 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, Council considered Resolution 2001-19, regarding the probation and parole office in Pulaski. Councilman Fleenor made a motion to adopt Resolution 2001-19, expressing opposition to closure of the Pulaski Division of the Virginia Department of Corrections Probation and Parole Office, 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, Mayor Stewart advised that a letter had been received from our sister-city of Ashburton, New Zealand expressing the desire to continue the contacts involving the Town, commerce and distance learning. There being no further business, meeting adjourned on motion by Councilman Neblett, seconded by Councilman Penn and carried.