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HomeMy WebLinkAbout10-01-02Minutes of the Town Council meeting held October 1, 2002 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, 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 Randolph D. Eley, Jr., Town Attorney David N. Quesenberry, Assistant to the Town Manager Gary Roche, Police Chief John White, Economic Development Director Patricia Cruise, Clerk of Council Others: Nancy Strasser Glenna Jones Bob Strasser Judy King Boy Scout Troop 48: Lindsey Hellstrom David Pittsenbarger Victoria Hart Lelan Harman Jessica Brown Derick Pittsenbarger Erin Frye Steve Redding Will Frye J. B. Warner Robert Allen Nellie Warner Jenafer Hardy Roy Buzzelli AmandaRhyne Linda Buzzelli Gayatri Acharya Charles Wade Logan Hanrick Boy Scout Troop 249: Derek Long Marc Bishop Mary Ann Mitchell Scott Hamblin Russell Mitchell Travis Hamblin Jennifer White Jeremy Bishop Dr. Charles Warren Jim Voorhees Fred Hilliard Josh Boadwine Frederick Hilliard Nancy Warren Robert Henderson James L. Webb, Jr. Tina Ratliff, Press Karen McConkey, Press Mayor Stewart called the meeting to order. Councilman Fleenor led the Pledge of Allegiance and Councilman Neblett gave the Invocation. Following roll call, Councilwoman Steger moved to adopt the Certification Resolution for the Closed Session held prior to the meeting under Virginia Code 2.2-3711 (A-5), Prospective Business, 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 added a Closed Session to the agenda under Virginia Code 2.2-3711 (A-5), Prospective Business, to be held after the Council meeting. The first item on the agenda was Presentations. Mayor Stewart introduced Dr. Charles Warren, of the Committee to Advance the Trans-Dominion Express. Dr. Warren advised that the Committee to Advance the Trans-Dominion Express is working to ensure the establishment of safe, dependable passenger rail service from Bristol to Lynchburg, Lynchburg to Richmond and Lynchburg to Washington. He requested the support of Town Council and members of the public by contacting their legislators and writing the Director of Rail and Public Transportation. Next, Jennifer White, Director of the Friends of Pulaski Theater Civic Center, addressed Council providing an update regarding the status of the Theatre. She announced the installation of David Wine as president of the Friends of the Pulaski Theater. She advised that a business plan is being developed and that the group is attempting to determine the feasibility of selling tax credits to assist in building and restoration. She thanked Council for the support given so far to the group and assured them that “the Friends” are committed to providing a significant return on their investment. Next, Fred Hilliard of the New River Resource Authority addressed Council regarding a plan to obtain recycling information from local businesses and industries to meet state recycling reporting requirements. He requested that the Town enact an Ordinance requiring local business and industry to annually report recycle quantities which will need to be adopted by the localities. Under Public Comments, Judy King addressed Council expressing her thanks for the Towns assistance in cleaning up Russell Street. She advised of other problems in the area however, and opined that the police department needs more budget money to acquire cell phones and other equipment to fight crime. Moving on to the Consent Agenda, Councilwoman Steger moved to accept the minutes of September 3, 2002, seconded by Councilman Bolen and carried on voice vote. Under Committee Reports, Finance Committee Chairman Worrell added a Resolution under New Business. He advised that Committee met and discussed the award of a $3,000 planning grant to prioritize the needs of the downtown area. The Town then plans to apply for a larger grant to address those needs, using as a match, the income from the Community Improvement Grant #86-13. Additionally, Chairman Worrell advised that the Committee also discussed the possibility of giving the employees a 2% raise and will return to Council in the near future with a recommendation. He also advised that a grant had not been awarded to pave the Steger Walking Trail and that staff was advised to go forward with the project using General Obligation Bond money if approved by Bond Counsel. He asked the Town Manager if the approval had been received? Mr. Hawley advised that the purchase order had been issued this week and will be charged out of the General Obligation Bond approved last spring. Chairman Worrell continued that the Committee also considered a request by Hawkeye East Enterprises for financial assistance in the amount of $210,000 and $207,000 from the Town for purchase and renovation of an existing commercial building at 58 North Washington Avenue and the BB&T building at the corner of Main Street and Washington Ave. The assistance would come in the form of a $140,000 UDAG loan and the refinancing of existing UDAG loans in the amount of $67,000 and $210,000. Finance Committee recommended approval of the proposal and it would be addressed under New Business. Public Operations Chairman Neblett advised that Council met and considered a request by the Vaughn family for the Town to take over an undeveloped right of way from 1901 Newbern Road to the original Vaughn properties. Committee recommended approval of the request with the understanding that the Town will maintain it with gravel only and if the land is developed, the developer would pay the cost of the paving. Additionally that the owners prepare the proper documentation and 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 Neblett moved to refer the recycling ordinance to the Town Attorney and the Ordinance Committee for review and preparation to be adopted at the November Council meeting, seconded by Councilwoman Mitchell 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 Chairman Neblett continued that a request had been received from Bob and Debbie Carr to designate one side of 15th Street for parking. They expressed concern for the ability of emergency vehicles, street sweepers and snowplows to navigate the street. Committee was agreeable to the request and the consensus was for the Town Manager to ask the neighbors to meet and decide which side of the street they would like designated for parking. Next, Mayor Stewart advised that Planning Commission met and held a work session and Public Hearing regarding the request of Mrs. Bernice J. Wilson for a rezoning of approximately 3.17 acres from B-1 and R-2 to B-2 at the intersection of Medallion Drive and Bob White Boulevard. Commission voted to recommend to Council that only the back two lots be changed from R-2 to B-1. Subsequently, the agent, on behalf of the owner, withdrew the request. Next, Human Resources Committee Chairwoman Steger advised that Committee met on two occasions in Closed Session and took no action. Safety Committee Chairman Fleenor advised that Committee met and recommended that Police Department, along with the Town Attorney, be given permission to pursue a study to determine the feasibility of becoming nationally accredited. 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 Chairman Fleenor continued that Committee also discussed allowing Police Officers who live in Town limits to take police vehicles home. There were some legal issues to discuss and the Town Attorney was to research and return to Committee. Chairman Fleenor asked the Town Attorney if he could have this information for the October Safety Committee meeting. Mr. Eley agreed that he would prepare this information for the October Safety Committee meeting. Chairman Fleenor advised that the next meeting would be October 15, 2002 at 10 a.m. Under Town Attorney’s report, Mr. Eley advised that he handled a number of issues including research on the New River Trail and environmental issues, several contract issues, Resolutions, Rezoning Ordinance, and reviewed and provided advice on a BZA appeal. Town Manager Hawley advised that the clean up day originally planned for Friday, September 27 had been rained out. He advised that the large item pick up had continued as planned and that the volunteer trash pick up and lunch had been rescheduled for Thursday, October 3. He encouraged participation by the Town citizens. Additionally, Mr. Hawley advised that the first public meeting for the CDBG Planning Process for downtown was scheduled for Thursday, October 3 at 5:00 p.m. at the Women’s Club Annex at 44 Fourth Street, NW. He encouraged public participation in this meeting. Mr. Hawley also discussed the controversy regarding the Allied Signal property and advised that on advice of the Town Attorney, it is recommended that the Town adopt a Resolution or prepare another administrative document or other political means to encourage immediate site remediation. Councilman Worrell moved to refer this discussion to the Public Operations Committee to bring back a recommendation for Council, seconded by Councilwoman Steger and carried on voice vote. Next, Councilwoman Steger inquired when the trees on Main Street will be trimmed? Mr. Hawley advised that he will come back to Council with a plan. Mayor Stewart moved on to Old Business. He advised that a letter had been received from the New River Valley Airport Commission requesting that the Town transfer its interest in ownership of Airport real estate and rights in real estate to the New River Valley Airport Commission. Following discussion, Councilman Neblett moved to direct the Town Attorney to prepare the necessary documents transferring the Town’s ownership of airport real estate and rights in real estate to the New River Valley Airport Commission, including a reverter clause that if it ceases to be used as an airport it reverts to the Town, seconded by Councilwoman Steger and carried on voice vote. Next, Council addressed Ordinance 2002-11, approving conditional zoning R-2 on Pleasant Hill Drive. Councilwoman Steger moved to adopt Ordinance 2002-11, approving conditional zoning R-2 on Pleasant Hill Drive, 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 Under New Business, Councilman Fleenor moved that John Hawley and staff conduct a feasibility study that shall include costs, easements, and any necessary re routing of Phase III of the New River Trail. He will also ascertain whether the existing grants may be applied to other Phases of the Trail. Mr. Hawley will keep the Council abreast of developments and make a formal report at the November 2002 Council meeting, seconded by Councilman Neblett 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 Next, Council addressed Resolution 2002-34, Educational Facilities Bond Issue. Councilman Neblett moved to adopt Resolution 2002-34, educational facilities bond issue, 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 Next, Council addressed Resolution 2002-35, Appointing the Board of Greater Pulaski Alliance as the Festival Committee for Halloween. Councilman Fleenor moved to adopt Resolution 2002-35, Appointing the Board of Greater Pulaski Alliance as the Festival Committee for Halloween, 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 The next item was Resolution 2002-36, regarding a UDAG loan. Finance Committee Chairman Worrell advised that it was a recommendation of Committee to adopt Resolution 2002-36, Authorizing a loan in UDAG Repayment Funds to Assist Hawkeye East Enterprises, Inc., in the Purchase of the AHCS & BB&T Buildings to Expand the Commercial Rental Space in Said Building. Councilman Worrell advised that this is a large sum of money and the Finance Committee studied it several times. He opined that this proposal will secure the future of several pieces of prime real estate in the Town and will show that positive progress is taking place in the downtown. Additionally, he opined that while a large balance in the UDAG fund looks good, he felt that it would be better used by investing in the Town. Councilman Bolen read the following against adoption of the Resolution. “In my opinion this proposal does not meet the basic criteria of the UDAG funds. It does not help develop or create a job for anyone. Also, this transaction substantially reduces the security of the UDAG funds that have already been invested; and it requires adding a sizeable amount, which further adds to the insecurity of the transaction. It seems to me the only real purpose of this proposal is to move ownership of the four buildings involved from the current local owners to out-of-town owners. History has proven that out-of-town owners have no magic formula to keep property occupied. This is attested to by the local empty shopping malls. I cannot see how this could be a good investment for the Town of Pulaski.” Councilwoman Steger advised that the UDAG guidelines state that new jobs do not have to be created, but that the funds can be used to retain existing jobs in the area. Following further discussion, motion carried 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. - Aye Pauline G. Mitchell - No Mayor Stewart advised that the next scheduled Council meeting is on November 5th, which is an election day. He inquired whether Council wished to change the Council meeting date? Following discussion, Councilwoman Steger moved to hold the next Council meeting on November 5th, 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 There being no further business, Councilman Neblett moved to enter into Closed Session under Virginia Code 2.2-3711, (A-5), prospective business, seconded by Councilwoman Steger 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 At 8:34 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Worrell, 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 There being no further business, meeting adjourned on motion by Councilman Fleenor, seconded by Councilwoman Mitchell and carried.