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HomeMy WebLinkAbout07-02-02Minutes of the Town Council meeting held July 2, 2002 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, Kenneth M. Fleenor, E. G. Black, Jr., Pauline G. Mitchell, Bettye H. Steger, John T. Bolen, James M. Neblett, Jr. Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Sherry D. Boyd, Finance Director John White, Economic Development Director Gary Roche, Police Chief Dave Hart, Director of Parks and Facilities Patricia Cruise, Clerk of Council Others Present: Mary Ann Mitchell Russell Mitchell Glenna Jones Judith King Muriel H. Comer Daniel Talbert, Jr. Lane R. Penn Tom Underwood Sue Gray Anthony Thomas Oscar Seagle Mickey Seagle Catherine P. Humphrey Linda Buzzelli Roy Buzzelli Carol Wade Charles Wade Gary C. Hall Ruth G. Stewart Robert Strasser Nancy Strasser Jon Fleenor Dennis L. Bane Andrew White Eddie Sutphin Marc Alan LeBlanc John Owens Robert M. Henderson Bill Warden Councilman Neblett led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Mayor Stewart called the organizational meeting to order. Mayor Stewart advised that the purpose of the meeting was to seat the Mayor and the newly elected Council members and asked the Clerk whether she had received the “Abstract of Votes” cast in the Town of Pulaski Municipal election held on May 7, 2002. The Clerk advised that she had received same, and upon his request, read the names of the persons elected and the position filled. As no one requested the Clerk read the entire “Abstract of Votes”, Councilman Neblett made a motion that the “Abstract of Votes” be received and recorded as part of the minutes of the meeting, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Mayor Stewart inquired whether the Clerk had received copies of the Oaths of Office taken before the Clerk of the Circuit Court, and was informed that she had received same. Mayor Stewart thanked the outgoing Council Members Lane R. Penn and Daniel Talbert, Jr. and commended them for their hard work and service to the Town. Next, Councilman Black nominated Bettye H. Steger for Vice-Mayor, and was seconded by Councilman Worrell. Councilman Bolen nominated James M. Neblett, Jr. for Vice-Mayor and was seconded by Councilwoman Mitchell. Councilman Neblett was then elected Vice-Mayor on a show of hands Mayor Stewart presented the Standing Committee assignments as follows: Committee Chairperson Committee Members Finance Worrell Black, Bolen, Neblett Human Resources Steger Black, Mitchell, Worrell Ordinance Black Bolen, Neblett, Steger Public Operations Neblett Bolen, Fleenor, Mitchell Safety Fleenor Neblett, Steger, Mitchell Utilities Bolen Black, Fleenor, Neblett There being no further business for the Organizational meeting, it was closed on motion by Councilman Neblett, seconded by Councilman Fleenor and carried on voice vote. Mayor Stewart then opened the regular Council meeting. Following roll call, Mr. Hawley informed the public that the Town Attorney was on speaker phone for the meeting and could hear and answer questions as needed. Next, Mayor Stewart advised that there were several resolutions to address. Resolution 2002-21, honoring Dave Edmonds was the first to be addressed. Councilwoman Steger made a motion to adopt Resolution 2002-21, seconded by Councilman Fleenor and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye The next Resolution was 2002-22, honoring Eddie Sutphin. Dave Hart, Parks and Facilities Director, thanked Mr. Sutphin for his 17 years of service with the Town and commended him for the outstanding way that he handled his job. Council adopted Resolution 2002-22, honoring Eddie Sutphin on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Next, Resolution 2002-23, honoring out going Council member Dan Talbert was considered. Resolution 2002-23 was adopted by Council on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Resolution 2002-24, honoring outgoing Council member Lane Penn was addressed. Resolution 2002-24 was adopted by Council on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye The next Resolution considered was Resolution 2002-29, honoring Gary Elander. Resolution was adopted by Council on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye The next item on the agenda was the Public Comment period. Dennis Bane addressed Council regarding rezoning in the town. He presented a petition with 145 signatures from a group calling themselves the Citizens for Economic Development, asking Council to take whatever steps are necessary to invite and make welcome new businesses to the town, including rezoning the east side of Memorial Drive for retail businesses. The next speaker was Lane Penn. He expressed concern for the possibility of abandoning the New River Trail project and requested that Council continue to work on the project. Next, Mrs. Muriel Comer addressed Council expressing concern for the possibility of abandoning the New River Trail project and the River Walk. She spoke in favor of continuing the work on the trail and requested that the River Walk be installed. Mary Ann Mitchell was the next speaker. She presented a petition with 183 signatures from a group interested in economic development in Pulaski, asking Council to vote in favor of rezoning the east side of Memorial Drive for retail business. Judy King addressed Council requesting an update on a burned out house on Russell Street. She suggested that if the owner could not afford to clean up the debris, then perhaps the Town could take it over, clean it up and then use it for a lot for a winter stockpile of salt, gravel etc. She also advised that portions of Birch Street and Pierce Avenue need attention. She provided a name and phone number of a person who would clean the property. Mayor Stewart asked Mr. Hawley if he had an update regarding this property? Mr. Hawley advised that there are some legal problems inherent with this property and advised that the Town Attorney is continuing to work on the problem. Councilman Worrell commended Ms. King for her persistence in resolving this issue. Next, Charles Wade addressed Council expressing his support for continuing the plans for the Trail and the Peak Creek projects. He advised that to the best of his knowledge, no one has ever spoken against the Trail and Peak Creek, so it amazed him that the Town is still discussing something that he thought was already approved. He took exception to the quote in the newspaper stating “no economic benefit analysis has been performed to provide data that supports that tourists will actually use such extensions…”. He advised that the same comment is made about the Trail and Peak Creek. He called Council’s attention to the Town’s Marketing Plan, page 9, which states that last year more than a million people used the Trail. This year 400,000 have used it so far and we haven’t hit the peak season yet. He commented that it is true, that if we do complete the Trail, people may stop at the edge of the Town, ride their bicycles around it, and not visit Pulaski, but he doubted that was true. He stated that we have to start somewhere, and he thought it was long past time when the Town stopped talking, rolled up their sleeves and finish both of the projects. Next, Tom Underwood addressed Council with several complaints and comments. He disagreed with the decision to move the Recreation department to the County and opposed Phase I of the Trail. In addition, he complained about the drainage problem on Scott Street and asked that it be repaired. Mayor Stewart asked the Town Manager to look at the area and return to Council with a report. Under the Consent Agenda, was consideration of the Council minutes of the June 4, June 17 and June 20, 2002 meetings. Councilman Worrell made a motion to adopt the Consent Agenda, consisting of the June 4, 17, and 20, 2002 Town Council meetings, seconded by Councilman Black and carried on voice vote. The next items considered were Committee Reports. Finance Committee Chairman Fleenor advised that committee met June 25, 2002 and discussed the Maple Shade project and the Business Park. The Committee recommended adoption of Resolution 2002-28, authorizing membership in Virginia Municipal League Liability Pool. The Resolution passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Chairman Fleenor asked Mrs. Sherry Boyd, the Finance Director, for an update. Ms. Boyd advised that preliminarily, she expected the Town to have a positive ending balance in the range of $175,000 to $200,000. Additionally, she informed Council that as requested at the last Council meeting, she had obtained the County’s criteria for determining whether a building is substantially completed for tax purposes. She advised that the County’s stance is if the building is completed to the point that a Certificate of Occupancy can be issued, then it will be assessed at 100% for the balance of the year. Next, Ordinance Committee Chairwoman Mitchell advised that Committee met on June 25, 2002 and reviewed three areas of concern for the zoning map of the new draft zoning ordinance being reviewed by the Town Attorney. She advised that Committee recommended to Council: That the Tipton Ridge Veterinary Clinic be zoned B-1 (Business) from the proposed R-1 (Residential). That the Rhudy Farm, currently zoned I-1 (Industrial), be zoned Rural Residential, except for two small portions west of the railroad tracks. That 35 acres of the former Allison Farm, currently zoned R-0 (Residential Office) and R-1 Residential, be zoned B-2 (Business) as requested by the owner’s letter of June 24, 2002. Mr. Hawley advised that the proposed zoning ordinance and map are currently being reviewed by the Town Attorney and it is hoped that a Public Hearing can be scheduled for the Council meeting in August, 2002 for the adoption of the new zoning ordinance and zoning map, including the recommendations of the Ordinance Committee for the changes in the map. David Quesenberry gave the Planning Commission report. He advised that Commission met and recommended that a currently unnamed alley in the southwest portion of town be named Branson Lane for the purpose of 911 identification at the request of Mr. Branson. He also advised that at the next Planning Commission meeting, the Commission would consider a conditional zoning request for planned housing development at the intersection of Pleasant Hill Drive and Route 11, across from the hospital. Human Resources Chairwoman Steger advised that committee met June 25 and recommended the following appointments: That Archa Vaughan, Jr., be nominated by Council for consideration by the Circuit Court for appointment to the Board of Zoning Appeals. That a position be created in the Public Works department of General Supervisor, with Tommy Hodge moved to the position effective July 1, 2002. That a position be created in the Public Works department of Administrative Manager for Public Works with Mrs. Kimberly Caudill assuming those duties from her current position of Administrative Secretary effective July 1, 2002. In the Engineering Department, that Terry Nester be promoted to Project Engineer and Ms. Keri Vass to Engineering Technician II to reflect additional duties they must handle because of the loss of one position in Engineering effective July 1, 2002. Motion passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Mayor Stewart asked Councilwoman Steger to give the Mayor’s report as she chaired the past three Council meetings. Councilwoman Steger summarized the activities outside Council meetings that she attended or assisted with including ribbon cuttings, meetings, baseball games and Bike America. Next, Town Attorney Eley gave a projects update including work on several legal dilemmas. He also advised that a court order has been obtained appointing Archa Vaughan, Jr. to the Board of Zoning Appeals effective July 2, 2002. Town Manager Hawley gave a projects update including issuing a change order to Draper Aden and Ridgerunner Forestry to obtain a price for harvesting additional timber, progress on the paving, sidewalks, and curb and gutter projects in Town, researching grants to assist with downtown housing and met with VHDA area manager to discuss housing opportunities among other items. Regarding the Trail, Mr. Hawley advised that no official announcement has been made regarding the grant application, however the Town has been informed that the Town of Pulaski was at the top of the list for consideration. Additionally, he advised that the acquisition of right-of-ways is continuing and is almost complete, and the revised plans for the Trail from the Train Station to Cool Springs out to the New River Trail have been completed by the Engineering Department, but have not been forwarded to VDOT at this time. Councilmember Steger inquired into the status of paving the Steger Walking Trail. Mr. Hawley replied that staff has applied for a grant and is waiting for notification of award. Mayor Stewart asked for clarification if it appeared that the Town was in position to get a total grant to complete Phase II of the Trail? Mr. Hawley responded that state officials have not made an official announcement, but did comment to him that the Town was at the top of the list for consideration for a $100,000 grant. This consisted of an $80,000 grant and $20,000 match from the Town, which is Engineering’s time for drawing the plans and Town crews time for grading the Trail itself. The only cost was the diesel fuel for the grader. Mayor Stewart asked whether the plans for the Trail have been completed? Mr. Hawley responded that the plans had been revised, adding signs and widening the trail to ten feet and are complete. Mayor Stewart inquired whether the surveys were complete? Mr. Hawley replied that the drawings and the surveys had been completed. Mayor Stewart stated that the Town is in position right at the moment, to get the entire project totally paid for. Mr. Hawley replied that no official notification has been received, however, he assumed that the announcement would be made in a week or two. Mayor Stewart asked for clarification regarding Phase IV of the Trail, which is the section that runs along Dora Highway to Cool Springs from Xaloy. He wanted to know whether he was correct in saying that the Town had acquired the title or easement to 21 of 23 properties on Dora Highway? Mr. Hawley replied that that was very close. He stated that there were three pieces of property that the Town did not have an easement to. He stated that there were two or three others which the Town had a verbal agreement with, but had not been finalized. Mayor Stewart summarized that the Town had done extremely well on land acquisition and had spent very little money, approximately $16,000 out of an allotted $100,000, for Trail acquisition. Mr. Hawley stated that he’d have to pull the numbers, however, there had not been a lot of expenditures and some of the work had been in-kind. Mayor Stewart asked whether the drawings for that part of the Trail were complete? Mr. Hawley responded that they were completed. He advised that those drawings were the ones reported last month that needed to be sent to VDOT for approval. Mayor Stewart asked whether the surveying had been completed? Mr. Hawley answered that it had been completed. Mayor Stewart commented that the Town was really in a very good position for completing the project if it was continued. Mr. Hawley replied that that was true. He stated that the Phase I trail was being paid for with federal or ISTEA money of $200,000 with a $50,000 state match. The grant stipulated that the Trail must be connected from the New River Trail State Park at Xaloy to the Train Station. Mayor Stewart stated that it appeared that the Town stood a very good chance of getting the grant money transferred to complete Phase IV. Mr. Hawley replied that that was true. He noted that if the Town can acquire the easements on the south side of the creek before the two easements on the north side of the creek, VDOT will be satisfied. VDOT’s position is that they have awarded the Town the money to complete the Trail to the Train Station. It is up to the Town to determine which path to take. Mayor Stewart thanked Mr. Hawley. He then advised the Council that he was tired and was going home and asked Vice-Mayor Neblett to take over the meeting. Vice Mayor Neblett advised that next item on the agenda was New Business. The first item was Resolution 2002-27, adopting the flexible benefits plan. Mr. Hawley advised that this Resolution allowed the Town to offer a pre-tax cafeteria plan for additional insurance to the employees. Councilman Black moved to adopt Resolution 2002-27, adopting a flexible benefits plan. His motion was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Resolution 2002-25 regarding the Creek Walk was the next topic considered by Council. Councilman Fleenor moved to adopt Resolution 2002-25, regarding the Creek Walk, seconded by Councilwoman Mitchell and carried on the following recorded vote: Jeffrey S. Worrell - No Bettye H. Steger - No Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - No James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye The next item considered under New Business was Resolution 2002-26, Regarding proposed Phase II – IV for New River Trail. Councilman Black spoke against the Resolution citing that Town Council had set aside $575,000 for the Peak Creek Walk and the New River Trail extension and that these projects were too important to drop now. He opined that the progress and status of the projects should be ascertained by asking staff the following questions: Is surveying completed? Are design and plans completed? Percent of property plus easements acquired. Amount of money already spent. Estimated amount needed for completion of the project. Schedule. He also pointed out that citizens had spoken against Resolution 2002-26 at the Council meeting and that the Trail was included in the Economic Development Marketing Plan for the Town. Councilman Black made a motion to refer Resolution 2002-26 to Finance Committee for study and recommendation and preparation of the required status and progress reports, seconded by Councilwoman Steger. Vice Mayor Neblett stated that it was his understanding that if the Resolution passed, the proposal could be revived at any time and asked if that was correct? Councilman Fleenor stated that it was his understanding that it would require another Resolution. Councilman Black stated that since the process had already begun for the grants that he saw no reason to kill the project. Town Attorney Eley inquired whether Council was asking if this Resolution is passed, it would require another Resolution to reinstate it? Vice Mayor Neblett replied that the Attorney was correct. Mr. Eley replied that his opinion was that a Resolution could be passed to reinstate the project. Motion then failed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - No John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - No Pauline G. Mitchell - No Councilman Fleenor moved to adopt Resolution 2002-26, seconded by Councilman Bolen. Councilman Worrell commented that “we are to the point now where we are passing Resolutions not to do things”. He stated that he “could not imagine sending a worse message to the citizens of this town, to sit up here and do something like this – especially a project that is so far along as this one is. With the work and the money that has already been put into this – to kill it now is just…”. Town Manager Hawley advised that staff would need clarification on how to deal with the state if the grant money was awarded to the Town. He advised that with this action, he could not accept the money for the Town. He requested instructions from Council on how to handle the issue when the state called. Did Council want him to come back to them at that time, or just refuse the money? Vice Mayor Neblett responded that the decision would be up to Council. Councilwoman Steger asked whether this was in the best interest of the Town? After this discussion, the motion to adopt Resolution 2002-26 passed on the following recorded vote: Jeffrey S. Worrell - No Bettye H. Steger - No Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - No James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye The next item discussed concerned an office space lease. Mr. Hawley advised that the Town had a lease with Pulaski Hospital for 144 East Main Street. This space was retained to be utilized for a project which had not developed. Staff’s recommendation was to discontinue the lease. Council approved discontinuing the lease on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye The next item discussed was scheduling a work session on the Marketing Plan. Mr. Hawley requested that Council consider reserving some time in the next few weeks for a work session to review the Marketing Plan. Vice Mayor Neblett requested that staff set a time and let Council know. Vice Mayor Neblett reminded Council of the special Council meeting scheduled for July 15, 2002 at 5 p.m. and of the next regular Council meeting scheduled for August 6, 2002 at 7 p.m. There being no further business, meeting adjourned on motion by Vice Mayor Neblett, seconded by Councilman Fleenor and so carried.