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HomeMy WebLinkAbout02-05-02Minutes of the Town Council meeting held February 5, 2002 at 7:00 p.m. in the Council Chambers of 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., James M. Neblett, Jr., Kenneth M. Fleenor, Lane R. Penn Absent/Excused : Bettye H. Steger Staff: Gary C. Elander, Town Manager David N. Quesenberry, Asst. to the Town Manager Randolph D. Eley, Jr., Town Attorney Patricia Cruise, Clerk of Council Planning Commission: Katie Kirk, Chair Roy David Warburton Charles Wade Muriel Flynn Charles Stafford Others Present: Myron Aust Sybil Atkinson Wanda N. Blevins James F. Blevins Fred Blevins Joel Burchett John Hawley Sherry Boyd Gary Roche David Cook Chuck Hirt Linda Buzzelli Hugh Huff Chris Davidson Michelle Duncan En Shong Chen Dan Grubb, Boy Scout Troop 249 Michael Warburton, Boy Scout Troop 249 George Williams, Boy Scout Troop 249 Dave Rundgren B. J. Bowman-Wood, Press Tina Ratliff, Press Jenn Burleson, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilman Talbert led the Pledge of Allegiance and Councilman Black gave the Invocation. Following roll call, Councilman Penn made a motion to adopt the Certification Resolution for the closed session held prior to the Council meeting on Code of Virginia 2.2-2711 (A-1), personnel, seconded by Councilman Fleenor and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye After introducing the members of the Planning Commission and recognizing the visitors present, Mayor Stewart advised that the first item on the agenda was a joint Public Hearing with the Planning Commission for the proposed revised zoning ordinance. Dave Quesenberry, Asst. to the Town Manager, advised that the zoning ordinance has not been reviewed since its inception in 1987. He stated that the Planning Commission has been reviewing this document for the last year and a half. He advised that the public hearing had been scheduled to allow for public review and comments as required by law. Dave Rundgren of the New River Valley Planning District Commission addressed Council and summarized the changes in the proposed revised zoning ordinance. At 7:24 p.m., the Mayor opened the Public Hearing for public comments. Betsy Mabry, of Mabry and Company Realtors addressed Council regarding the portion of the ordinance regarding real estate signs. She opined that the section of the ordinance prohibiting real estate signs on the town right of way puts the town property owners at an advertising disadvantage to the county property owners. She requested that the ordinance be modified to allow directional signs on the right of way. There being no further comments, the Public Hearing was closed. The Planning Commission adjourned to the meeting room to discuss the proposed revised zoning ordinance. The next item on the agenda was a Public Hearing for a General Obligation Bond. Town Manager Elander advised that there are several capital improvement projects and various large maintenance projects that need to be addressed, however there is not enough money to do major projects. He advised that a few years ago, the Town took out a Bond Anticipation Note of one million dollars to do some improvements. The note is scheduled to be converted to long term debt. He advised that the purpose of the proposed General Obligation Bond of three million dollars is to convert the short term debt of the Bond Anticipation Note into long term debt and to provide an additional two million dollars for various maintenance and improvement projects. The funds will be spread among high priority projects identified in the capital improvement plan: approximately $500,000 for general fund projects; approximately $700,000 for water fund projects and approximately $800,000 for sewer projects. Mayor Stewart opened the public hearing at 7:32 p.m. There being no comments, hearing was closed. The next item on the agenda was the Public Comment period. Mr. Fred Blevins addressed Council regarding the flood zone buyout on Dora Highway. He explained that he had turned down an offer by the Town to purchase his home and he wanted to explain why. He advised that he felt that higher offers were given to homeowners who had outstanding mortgages and consequently, the offer for his house was less than the others. He wondered if Council was aware of the prices that were being paid for some of the houses. He requested that the Town remove the dike that the Town put up behind some of the houses. He advised that when the water level rises, the dike prevents the water from draining. He also advised that when the new sewer line was put in, it was placed above the basement and when the flood waters rise, the sewer is pushed back into their house and is unhealthy and a safety issue. He requested that the sewer line be lowered. The Mayor thanked Mr. Blevins for his presentation and asked Council to review the numbers presented by Mr. Blevins and address any questions they had to the Town Manager at a separate time. Next, Joel Burchett addressed Council with concerns he had regarding the timber harvest project at Gatewood Park. He advised that he had seen bald eagles at Gatewood. He requested that the park staff be contacted to verify the bald eagle’s presence and that harvesting at Gatewood be cancelled so that they would not be disturbed. There being no further comments, Council addressed the Consent Agenda. Councilman Worrell made a motion to adopt the Consent Agenda, consisting of the minutes of January 15, 2002, seconded by Councilwoman Mitchell and carried on voice vote. The next item on the agenda was Committee reports. Finance Chairman Fleenor advised that committee met and discussed the proposed timber sale, and a proposal from a sawmill operation. He advised that Ms. Boyd was present with a financial report. Ms. Boyd, Finance Director, gave a report and advised that revenue collections are slightly ahead of schedule. Next, Ordinance Committee Chairwoman Mitchell advised that committee met and discussed a code compliance violation on Fifth Street and Washington Avenue and staff was directed to address the issue. Committee also discussed the need for screening of the Aust junkyard and staff was directed to contact the owner and try to come up with a solution. Next, Mayor Stewart advised that Planning Commission met and worked on the zoning ordinance. In Human Resource Chairwoman Steger’s absence, Councilman Penn gave a committee report. He advised that committee discussed appointments to Planning Commission and the Board of Zoning Appeals and recommends appointment of Nick Glenn to the Planning Commission and Tom Powers to the BZA and passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - 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 he attended a seminar put on by Virginia Tech and sponsored by the Telecommunications committee for the County of Pulaski, regarding what small town’s can do to get broad band internet service in their areas. He also advised that he, several Council members and the Town Manager attended the Virginia Municipal League annual Legislative Session in Richmond. Next, Town Attorney Eley gave a projects report including work on a new litigation matter; review of the Ordinance for the new Town Code; review and modifications to the new AEP contract; a contract for a possible new venture; and completion of UDAG loan to Mr. Wine, among other things. Next, Town Manager Elander advised that the new town web site is now up and running and he explained some of the features. He continued that most of the Dora Highway flood acquisition offers have been accepted; has learned that the highway department will be working in the town in the near future to coat the three major bridges in town, necessitating each bridge to close for approximately 60 days; has submitted a grant application to the U. S. Economic Development Administration for funding to use to assist in the remodeling of the former AEP building; and has been given permission to advertise for bids on the Draper Mountain water project. Councilwoman Mitchell inquired where the land scheduled for timber harvesting is located at Gatewood? Mr. Elander advised that approximately 5 ½ acres of land is located near a creek, away from the reservoir area. Next item for consideration was acceptance of bids and authorization to execute contracts for timber sales. Mr. Elander explained that Council retained Ridgerunner Associates and Draper Aden to prepare a harvest management plan. Currently, three tracts of land for a total of 210 acres are under consideration. Bids have been received totaling $191,861 gross. A 12% commission is to be paid to the consultant. He then introduced Gary Long, of Ridgerunner. Mr. Long introduced himself and asked his associate Matt Pace to give the presentation. Mr. Pace reviewed the process involved in preparing a harvest management plan. He advised that included in this plan is a wildlife review, timber revenue, soil and water conservation, and identification of areas for timber harvest. Councilman Talbert inquired about the buffer zone between the harvest and the Creek? Mr. Pace advised that the buffer is approximately 30 to 50 feet in accordance with Best Management Practices. Following further discussion, Councilman Neblett made a motion to accept the bids for timber harvest and authorize to execute the contract, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Under new Business was Ordinance 2002-03, adopting the new Town Code. Councilman Fleenor made a motion to adopt Ordinance 2002-03, adopting the new Town Code, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - 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 2002-06, extension of Bond Anticipation Note through 4/30/02. Councilman Penn made a motion to adopt Resolution 2002-06, extension of Bond Anticipation Note through 4/30/02, seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - 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 report authorizing electric service extension. Mayor Stewart requested that Council review the report and be prepared for action at the March 5, 2002 meeting. Next, Council considered Resolution 2002-05, authorizing the issuance and sale of general obligation bonds and related actions. Councilman Neblett made a motion to adopt Resolution 2002-05, authorizing the issuance and sale of general obligation bonds and related actions, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Mayor Stewart advised that Council had before them the annual reports for 2001 and asked for a motion. Councilman Fleenor made a motion to accept the annual reports for 2001, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Next item for consideration was the lease with Friends of the Pulaski Theatre. Town Manager Elander advised that the lease expired December 31, 2001. The lease could be continued on a month to month basis. He advised that there are no other interested tenants at this point. Mr. Elander opined that it still fits importantly into the Theatre’s plans. He recommended that Public Operations Committee review the lease, listen to a report from the Friends of the Pulaski Theatre, and report back to Council. Councilman Neblett made a motion to refer consideration of the lease with Friends of the Pulaski Theatre to the Public Operations Committee, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Next, Council considered Resolution 2002-04, endorsing the New River Valley Regional Competitiveness Program re-certification. Councilman Neblett made a motion to adopt Resolution 2002-04, endorsing the New River Valley Regional Competitiveness Program re-certification, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye There being no further business, Council recessed at 8:25 p.m., pending the return of the Planning Commission, on motion by Councilman Neblett, seconded by Councilman Fleenor and carried on voice vote. At 8:30 p.m., Planning Commission returned to the Council Chambers and requested a 30 day extension to review outstanding issues with the proposed draft zoning ordinance. Councilman Penn made a motion to grant a 30-day extension to review outstanding issues with the proposed draft zoning ordinance, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye There being no further business, Councilman Neblett made a motion to adjourn, seconded by Councilman Fleenor and carried on voice vote.