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HomeMy WebLinkAbout09-04-01Minutes of the Town Council meeting held September 4, 2001 at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Charles W. Stewart, Jr. 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 Patricia Cruise, Clerk of Council Others Present: Joshua Ramsey Steve Claytor Timothy Arnold William L. Arnold Wayne Ratcliffe Ruth G. Elkins Bill Coltrane Dee Ann Lindsey J. B. Warner Nellie Warner George Paine, Press Jenn Burleson, Press Tina Ratliff, 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, Councilman Fleenor made a motion to adopt the Certification Resolution for the Closed Session held prior to the Council meeting under 2.1-344 (A-1), A-3, and A-7, 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 Mayor Stewart added item 16e to the agenda, authorize the Town Attorney to negotiate a contract with Mr. Jones, subject to Council approval. First item on the agenda was a Public Hearing regarding disposition of the Town’s interest in five acres of property at the New River Valley Airport as shown in Plat of Subdivision and Boundary Line Adjustment of Properties to be Exchanged Between Virginia’s First Regional Industrial Facility Authority and New River Valley Airport Commission. Town Manager Elander advised that the purpose of the Public Hearing is to receive public comment on the proposed exchange of approximately 5 acres of property between the Virginia First Authority and the New River Valley Airport Commission, by deeding same directly to the Virginia First Authority. He advised that the Town of Pulaski is one of the member jurisdictions owning the Airport, and the Town is also a member of the Virginia First Regional Industrial Facility Authority. In order to facilitate an access road into the new Commerce Park located near the airport, the Airport Commission and the Virginia First Authority would like to exchange five acres. Since the Town has an ownership interest in the acreage, it’s up to Council to decide whether to agree to this proposal. Mayor Stewart opened the Public Hearing at 7:03 p.m. There being no comments, Hearing closed. Councilman Neblett made a motion to accept the recommendation for the land transfer of approximately 5 acres of property between the Virginia First Authority and the New River Valley Airport Commission, 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 next Public Hearing was for Planning Commission Case # 2001-10CU, a request for a conditional use to permit a thirty-bed addition to the Pulaski Health Care Center. Mr. Quesenberry advised that the proposed addition will be approximately 10,500 ft² in area and will cost approximately $1.4 million dollars. It will provide an additional thirty beds to the sixty already there and result in the creation of nineteen jobs. Pending approval of the application, construction would begin in early 2002 and be completed in September of that year. He advised that the request meets the Comprehensive Plan and Zoning regulations and that a site plan review will be done before a building permit may be issued. The Fire Marshall recommends that the fire lane for the new addition be 18 feet wide to allow proper deployment of the ladder truck. Mr. Quesenberry further advised that citizen comments included previous problems with trash blowing onto their property from the Center and that the trees around the perimeter be maintained. Mr. Quesenberry advised that Planning Commission recommended approval of the application subject to two conditions: 1. That a permanent structural barrier consisting of a six foot high chain link fence be installed on the property line between the Center and the Coltrane and Elkins properties, and that trash cans be provided for use in the parking lot. 2. The rear buffer of trees shall be maintained (trees trimmed) by the developer. Any trees that fall shall be removed within 10 days by the developer. Mr. Quesenberry also advised that he had distributed an addendum to Council regarding additional information from Fralin and Waldron. One of the recommendations of the Planning Commission was that a chain link fence be installed between the health care center and the Coltrane and Elkins properties. Fralin and Waldron advise that they have been in contact with Mrs. Ruth Elkins and Mr. and Mrs. H. D. Coltrane regarding the trash problem and have agreed that an attempt be made to correct the problem without the condition. If this approach does not work, a permanent structural barrier would be installed. Fralin and Waldron is requesting deletion of the fence as recommended by Planning Commission. Mayor Stewart opened the Public Hearing at 7:10 p.m. Steve Claytor of Fralin and Waldron addressed Council and summarized the proposed project. He requested deletion of the fence as recommended by Planning Commission. He verified that he had been in contact with Mrs. Elkins and the Coltrane’s regarding the trash complaints and that an agreement has been made to attempt to correct the problem internally. He advised that if this approach does not work, Medical Facilities and Fralin & Waldron would install the “permanent structural barrier” and that he had provided a letter to that effect to be placed on file as evidence of the agreement and commitment to correct the problem. Councilman Penn advised that he supports the neighbors request for a fence around the facility and would vote for approval of the request with the conditions. There being no further comments, Public Hearing closed at 7:17 p.m. Councilwoman Mitchell advised that she would vote for approval of the request without the fence requirement, but with the stipulation that if the problem could not be settled internally, that a fence would be provided. Councilman Neblett made a motion to approve the conditional use to permit a thirty bed addition to the Pulaski Health Care Center located at 2401 Lee Highway with the following conditions: 1. The rear buffer of trees shall be maintained ( trees trimmed) by the developer and that any trees that fall shall be removed within 10 days by the developer. 2. That the August 28, 2001 letter from Fralin and Waldron to Mrs. Elkins and Mr. & Mrs. Bill Coltrane regarding construction of the fence be included in the conditions of approval. Motion was 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 - No Next, Mayor Stewart advised that Mr. Timothy Arnold wished to address Council. Mr. Arnold advised that he lives on Dora Highway and has been notified of a house buy out program sponsored by FEMA. He requested an update as to the status of the buy out and requested that the Town keep them apprised of any new information as it is received by the Town. Town Manager Elander advised that the Town applied for a federal grant over a year ago and only received a grant offer on August 13 of this year. He advised that he sent out a letter to the involved property owners advising them that the next step is an appraisal. Under federal regulations, appraisals have to be performed by certified appraisers. Appraisals will be performed and subsequently, a review appraisal will be also be performed to ensure fair appraisals. Once the appraisals have been completed, permission will be obtained to make offers to property owners. The expected time frame to completion is four months. He advised that if owners want to look at replacement housing, they could use the assessed value of their houses as a starting point. Mayor Stewart requested that the Town Manager keep the property owners advised of the progress as information becomes available. Next, Mr. Tom Underwood addressed Council regarding the drainage in front of his house. He showed pictures of repair work done by the Town in an effort to correct the drainage problem and expressed dissatisfaction with the work. Following discussion, Councilman Neblett made a motion to refer this item to the Public Operations Committee, 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, Councilman Worrell made a motion to adopt the Consent Agenda, consisting of the minutes of the August 7, 2001 Town Council 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 Next item on the agenda was Committee reports. Finance Chairman Fleenor advised that 2 items came up at the August 28 Finance Committee meeting. The first item was Resolution 2001-21, Authorization of UDAG loan. Chairman Fleenor advised that Committee recommends adoption of Resolution 2001-21, Authorizing a loan of $100,000 in UDAG repayment funds to assist J. David Wine in the renovations of the Advanced Health Services Building to accommodate Dyncorp Call Center, 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 Chairman Fleenor also advised that Committee discussed Resolution 2001-20, study regarding Police services. Chairman Fleenor advised that Committee recommends adoption of Resolution 2001-20, Study regarding Police services, seconded by Councilman Penn. Councilman Worrell made a substitute motion to table consideration of Resolution 2001-20, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - No James M. Neblett - No Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - No E. G. Black, Jr. - Aye Lane R. Penn - Aye Next, Ms. Boyd, Finance Director gave a financial update . She advised of receipt of the final payment of $117,000 on the Timber contract and of the receipt of approximately $3200 for refund of prior years expenditures from the County. Next, Utilities Committee Chairman Worrell advised of receipt of a Proposed User Agreement from the Peppers Ferry Regional Wastewater Treatment Authority. The agreement contains the proposed change from an allocation base charge to a use base charge that was recommended to Council by the Utility Committee. The agreement is under review by the Town Attorney and will come back to Council for action in the near future. Ordinance Committee Chairwoman advised that committee met and discussed yard sale sign violations and the taxicab ordinance and the possible need for changes in wording of this ordinance. Mayor Stewart advised that the next item scheduled for discussion was Ordinance 2001-15. He advised that the Attorney has pointed out some problems with the wording of the Ordinance and would like to research further. Councilman Talbert made a motion to table Ordinance 2001-15, regarding bicycles, 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 Next, Mayor Stewart advised that Planning Commission met and conducted a work session on August 13, 2001 followed by a meeting to discuss the Pulaski Health Care Center addition. Next, Human Resources Chairwoman Steger advised that Committee met August 28 and discussed appointments to various Commissions and Boards. An appointment was needed for the New River Valley Planning District Commission to replace Joe Weddle. Mr. Leland Tucker has agreed to accept the position. Appointments were also discussed for the Economic Development Board. The following recommendations were made: Fran Boyd to replace A. J. Smith, Jr., with term ending in 2004. Sybill Atkinson, Katy Kirk, Ted Hodge, J. R. Schrader and Richard Jones be re-appointed with terms ending in 2004. Leland Tucker, Rev. Vicki Houk, Tom Douthat and Jim Sandidge be appointed with terms ending in 2004. Councilman Neblett seconded the motion, which 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 Next, Mayor Stewart advised of receipt of a letter from Congressman Boucher regarding the request from the Town for a new Post Office. Congressman Boucher advised that extensive renovations have been made to our present Post Office and it is unlikely that there will be a change in the foreseeable future in the location of the Post Office. Mayor Stewart also advised that the Dora Highway land acquisitions for the extension of the New River Trail are proceeding quite well. Town Attorney Eley gave a projects update including filing of condemnation suits; following up on the first round of delinquent tax cases and beginning the 2nd round; are scheduled to close the Kersey Bottom section of the Kersey Bottom project; have reviewed the status on the downtown easements for both the Trail and sewer and have mailed letters to the appropriate attorneys involved; have reviewed and drawn up multiple ordinances; reviewed the contract for the site for the tech center; filed a distress warrant for BPOL taxes; and prepared a suit for a dilapidated structure case. Under Old Business were several Ordinances. The first was Ordinance 2001-14, Granting an encroachment upon the Town right of way to Shirley D. Jessee. Councilman Penn made a motion to adopt Ordinance 2001-14, granting an encroachment upon the Town right-of-way to Shirley D. Jessee, 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 The next Ordinance was 2001-12, permitting a child day care center at 1850 Bob White Boulevard as a Conditional Use. Councilman Penn made a motion to adopt Ordinance 2001-12, permitting a child day care center at 1850 Bob White Boulevard as a Conditional Use, 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 Ordinance 2001-13, Permitting a game amusement center at 1018 East Main Street as a Conditional Use was considered next. Councilman Fleenor made a motion to adopt Ordinance 2001-13, permitting a game amusement center at 1018 East Main Street as a Conditional Use, 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 was consideration of Contract matters – Commerce Park, with the first item being financing. Councilwoman Steger made a motion showing the Town’s approval of the agreement of project based financing by Virginia’s First Regional Industrial Authority, 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 The second item was in regard to the amendment to the New River Valley Commerce Park Project Participation Agreement, which allows the County of Wythe to withdraw as a participant. Councilman Black made a motion to approve the amendment to the New River Valley Commerce Park Project Participation Agreement, allowing the County of Wythe to withdraw as a participant, 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, was discussion of a proposal to accept the FEMA grant for flood mitigation control. Town Manager Elander advised that we have received an offer from the Federal Emergency Management Agency for a sum of money. The state will provide $96,000 of the $100,000 and the Town will have to appropriate the remainder. Councilman Penn made a motion to accept the FEMA Flood Mitigation grant, 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 The next item for consideration was Resolution 2001-22, regarding Town of Pulaski sponsorship of proposed Count Pulaski New River Trail 5k, 10k Run. Councilman Penn made a motion to adopt Resolution 2001-22, regarding Town of Pulaski sponsorship of proposed Count Pulaski New River Trail 5k, 10k Run, 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, Councilwoman Steger advised that the Maple Shade committee met and discussed the appointment of a new chairperson since Michael Dowell has relocated. The consensus was for Councilwoman Steger and Town Manager Elander to Co-Chair the committee. Next item on agenda was authorizing the Town Attorney to negotiate contracts. Mayor Stewart advised that the first item was to negotiate a contract with Mr. Richard Jones. Councilman Neblett made a motion to authorize the Town Attorney to negotiate a contract with Mr. Richard Jones, subject to Council approval after negotiation, 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 advised that the second contract was to authorize the Town Manager and the Town Attorney to finalize the contract with AEP for the sale and purchase of the AEP building on Main Street. Councilman Penn made a motion to authorize the Town Manager and the Town Attorney to finalize the contract with AEP for the sale and purchase of the AEP building on Main Street, seconded by Councilman Black 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 Communications, Mayor Stewart advised of receipt of a letter from the Camp Virginia Jaycees thanking the Town of Pulaski for the donation of $1,500 for the Dare to Care Capital Campaign. Mayor Stewart also advised of a letter from the Pulaski County School Board expressing appreciation for the Town’s actions rectifying the dangerous traffic situation at Bob White Boulevard and Warden Springs Road. Town Manager Elander reminded Council that the Pulaski Theatre group will have a meeting on Thursday, September 6 at 5:30 p.m. in Edwards Hall at the New River Community College. In addition, Mr. Elander advised that he and the representatives of the Fine Arts Center and the Pulaski Theatre group toured the Edmonds building and hope to locate some classrooms at the Edmonds building. There being no further business, Councilman Neblett made a motion to adjourn at 8:12 p.m., seconded by Councilwoman Mitchell and carried on voice vote.