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HomeMy WebLinkAbout11-12-02 (special)Minutes of the Called Council Meeting held November 12, 2002 at 4:00 p.m. in the Council Chambers of 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 Randolph D. Eley, Jr., Town Attorney Sherry D. Boyd, Finance Director John White, Economic Development Director Dave Hart, Parks and Facilities Director Tom Compton, Building Inspector William D. Pedigo, Town Engineer David N. Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Others: Tim Kirtner John Owen Mickey Seagle Oscar Seagle Glen Aust Ed Belcher Sybil Atkinson Jennifer White Bill Warden Doug Meadows Charles Wade Nick Glenn Robert Henderson B. J. Bowman-Wood, Press Don Simmons, Jr., Press Mayor Stewart called the meeting to order at 4:00 p.m. Following roll call, Councilman Fleenor led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Mayor Stewart advised that a change needed to be made to the agenda and that it would require a unanimous vote of Council. He advised that a Closed Session was needed and requested a motion. Councilman Neblett moved to amend the agenda by adding item 4a, Public Discussion, to the agenda. His motion was 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 Councilwoman Steger moved to amend the agenda to add a Closed Session under Virginia Code 2.2-3711, (A-7), Consult with legal counsel – 2 items, and was 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 Under Public Comments, Oscar Seagle addressed Council advising that there seemed to be some confusion on the offer made by John Owen for the Maple Shade property. He attempted to shed some light on the subject. He advised that it had been said that the M.I.T., (John Owens), financial situation was not good and that some of his backers have dropped out. He advised that both of those statements are incorrect. He advised that the financial situation is fine and the backers, including Tom Douthat, are still backing Mr. Owens. He advised that the Museum Committee had been guaranteed by M.I.T. (John Owen), that they would have the full Cosmos Skating Center building for the Museum. Mr. Seagle also advised that there were several misconceptions regarding the MTM business that will lease space in the Maple Shade property. The misconceptions included requirements for the height of the ceilings: number of required square feet; the location of the building: and the time frame for the business to start. Mr. Seagle stated that he spoke with the “head man” at MTM and was informed that there was no requirement for 20 foot ceilings; that the business did not have to move in by December 15; and that they would be happy to negotiate with M.I.T. (John Owen). He advised Council to go to the source to get their information so that they could make a concise recommendation to proceed. Mr. Seagle then advised that he had spoken with Dr. Brockmeyer, and had received permission to speak for Dr. Brockmeyer. He advised that Councilman Fleenor could verify that he had Dr. Brockmeyer’s permission to speak for him. Mr. Seagle continued that he and Dr. Brockmeyer were withdrawing their donations to the Museum and were withdrawing from the Museum Committee, “unless and until, Council goes forward with what was planned and presented to Council last April, and that is M.I.T.” If Council makes any other decision, Mr. Seagle and Dr. Brockmeyer would withdraw. Next, Tim Kirtner, an attorney representing M.I.T., addressed Council. He advised that despite the fact that there is no formal response to the proposal from M.I.T., that M.I.T. remains committed to the proposal that it presented to the Council in May 2002. He offered to answer any questions that Council might have regarding the proposal before Council makes a final decision in the matter. Next, Bill Warden, contractor for MTM, addressed Council advising that he had spoken with MTM that day and been informed that they are moving in December 9th and a representative will visit the Town next week. Additionally, he advised that he was available to answer any questions that Council may have regarding his proposal for management of the Maple Shade property. Councilwoman Mitchell questioned whether she was correct in saying that Mr. Warden’s proposal was that he would manage the Maple Shade property for $1 a year, and that the money received in rent would be reinvested back into the property? Mr. Warden reviewed his proposal. He advised that the property tax and the cost of liability insurance would be deducted from the revenue from the shopping center and the remainder of the monies would be reinvested into the property. Councilwoman Mitchell asked if she understood correctly that Mr. Warden would make the decisions regarding what is to be repaired. Mr. Warden explained that if his proposal was accepted, he would work with the Town Manager, the Building Inspector or even Mrs. Mitchell, if she were designated, to determine what repairs were needed and oversee their implementation. Mr. Hawley advised that it might be more appropriate to go forward with the meeting as planned. Councilwoman Steger verified that MTM would begin training their new employees on December 9, 2002 Mr. Hawley advised Council that they had a letter in their packet from Mr. (Jim) Sebben, advising that MTM must be in the building by December 9th and requesting that if a problem arose, that he be informed or he would be forced to go to another building. There being no further comments from the Public, Mayor Stewart asked for a motion to enter into Closed Session. Councilwoman Steger moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7), consult with legal counsel - 2 items, 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 Council returned from Closed Session at 4:40 p.m. and adopted the Certification Resolution, on a motion by Councilman Fleenor and a second by Councilman Black, which 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 the discussion of the future of the Maple Shade Shopping Center. He reminded Council that they had before them Ordinance 2002-12, adopting a lease by and between the Town of Pulaski, Virginia and Medical Transportation Management, Inc., which would be included in the discussion. Mr. Hawley advised that Council first needed to address Ordinance 2002-12, adopting a lease by and between the Town of Pulaski, Virginia and Medical Transportation Management, Inc. Councilman Worrell moved to adopt Ordinance 2002-12 and was 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 Mr. Hawley reviewed the information in the memo dated November 1, 2002 regarding the Maple Shade Property, (included in official Council minutes). The memo provided a history of the Maple Shade project, a description of the responses to the RFP’s for the project, and a summary of possible options for the project for Council’s consideration. Councilwoman Mitchell commented that the Town bought the building to save it for the Museum, not to rent out portions here and there. She inquired whether the Town was going to have a Museum; keep the space and rent it; and be in the real estate business? She opined that since the building was paid for, the Town should get out of it and let M.I.T. buy it, let them present the Museum back to the Museum Committee and work in conjunction with the Town to get grants for the Museum. She expressed a desire to sell the building, get out of it and let someone have it that would do something with it besides “letting it sit over there as an eyesore”. Councilman Neblett stated that Council originally started looking at this property because of the Museum. He commented that with Mr. Seagle’s proposal, it becomes more complex as there wouldn’t be any Museum. Mayor Stewart answered that there would be two items missing that the Town had long hoped to have in the Museum. Mayor Stewart further advised Council that quite a large sum of money had been received from ISTEA grants for the Museum. He asked if the Town sold the building, would that money have to be repaid. Mr. Hawley answered that he would have to check with the state regarding the grants if the property was sold. He advised that to his understanding, that even if the property is in a 501c(3), the Town government will have to administer the grant. Councilwoman Mitchell asked whether the Town had to own the property to administer the grant. Mr. Hawley responded that the Town did not have to own the property, however, the correspondence with the state indicated that the Town would need to have an interest in the project in some way. Following extensive discussion, Councilwoman Mitchell moved to reject the Warden bid for her stated reason that it was an open ended contract. Councilman Fleenor seconded her motion. Councilman Neblett made a substitute motion to ask for further proposals to be submitted. The motion failed for lack of a second. The original motion by Councilwoman Mitchell, and seconded by Councilman Fleenor to reject the Warden bid, because it was considered by Mrs. Mitchell as an open ended contract, 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 Councilwoman Mitchell then moved to hold a Public Hearing at the December 3, 2002 Council meeting and let the public advise Council to either keep or sell the property and vote on it that night. Councilman Fleenor seconded the motion Councilwoman Steger made a substitute motion for the Town to retain ownership and develop the property. Councilman Black seconded the motion which 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 The original motion by Councilwoman Mitchell to hold a Public Hearing at the December 3, 2002 Council meeting and vote on it that night, was then 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 There being no further business, meeting adjourned on a motion by Councilwoman Mitchell, seconded by Councilman Neblett and carried on voice vote.