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HomeMy WebLinkAbout07-01-03Minutes of the regular Town Council meeting held July 1, 2003 at 7:00 p.m. in the Council Chambers of 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, John T. Bolen, James M. Neblett, Jr. Absent Excused: Bettye H. Steger Staff Present: John J. Hawley, Town Manager Randolph D. Eley, Jr. Sherry Boyd, Finance Director John J. White, Economic Development Director Gary Roche, Police Chief Patricia Cruise, Clerk of Council Others: Jack J. Lane, Sr. Jenny Kneppes James Taylor Joel Burchett Jennifer White P. Graham Don Simmons, Jr., Press B. J. Bowman-Wood, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilman Bolen led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Mrs. Jean Whitman addressed Council expressing her gratitude to the Police Department, and in particular Detective Hamlin, for the quick recovery of her stolen furniture. Next, Dr. Stowers, the Superintendent of the Pulaski County Schools, gave a presentation reviewing the materials chosen for the new elementary school. The first scheduled Public Hearing was a request to close an alley parallel to Lexington Avenue and South Madison Avenue extending from Third Street, S.E. to Fourth Street, S.E. Mr. Hawley advised that the adjacent property owners had been notified, and legal ads published as required by law. Staff recommended approval with the right of way easements retained. He advised that he had received a call from one of the heirs to the estate who indicated no opposition to the closing. Additionally, the Public Operations Committee reviewed the request and recommended approval. Town Attorney Eley advised that state statute provided that Council could charge up to $100 per vacation to cover some of the costs involved in vacating an alley. Additionally, the code requires that a certified copy of the ordinance vacating the land be recorded in the office of the Circuit Clerk. He suggested that a certified copy be given to the citizen requesting the closing. Councilwoman Mitchell indicated that there was one comment against the closing by the police department. Mayor Stewart opened the Public Hearing at 7:23 p.m. Mr. Jack Lane, petitioner, inquired about the $100 fee referred to by the Town Attorney. He did not feel that he should pay the fee. He opined that he was saving the Town money by his request because the Town is supposed to mow the area and clean it. If he owned the land, he would be mowing and maintaining it, thereby saving the Town money. There being no further comments, the Public Hearing closed at 7:25 p.m. Councilman Neblett moved to direct the Town Attorney to prepare an ordinance closing the alley parallel to Lexington Avenue and South Madison Avenue, extending from Third Street, S.E. to Fourth Street, S.E., and waive the $100 fee, seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Mayor Stewart advised that the next Public Hearing was a request to close an alley between 816 Dora Highway and 822 Dora Highway to Jackson Avenue. Mr. Hawley advised that the adjacent property owners had been notified, and legal ads published as required by law. Staff recommended approval with the right of way easements retained. Mayor Stewart opened the Public hearing at 7:28 p.m. There being no comments, the Public hearing was closed. Councilman Worrell moved to direct the Town Attorney to prepare an ordinance approving the alley closing between 816 and 822 Dora Highway to Jackson Avenue, and waive the $100 fee, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Councilman Neblett moved to provide a certified copy of the ordinances closing the alleys to the landowner, with the landowners being responsible for recording the ordinance in the office of the circuit clerk, seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye The next Public Hearing was regarding the five year Capital Improvement Plan. Mr. Hawley advised that the Town Code specifies that the five year Capital Improvement Plan be reviewed each year during the budget process. He stated that the proper notifications have been advertised. Councilman Worrell advised that page 36 was duplicated. Mr. Hawley advised that one item that was not decided upon by Council was the creation of a skate board park and the refinishing of the tennis courts. He advised that line item numbers were included in the Plan, with no dollars specified. If Council decided to go forward with those projects, they would total less than 1% of the total budget and would not require a Public Hearing and would be funded with General Obligation Bond money that is already available. Mayor Stewart opened the Public Hearing at 7:38 p.m. There being no comments, the Public Hearing was closed. Councilman Black moved to adopt the Capital Improvement Plan, with the deletion of the duplicate page 36, seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Under the Public Comment period, Mr. James Steele addressed Council regarding flooding problems in Kersey Bottom. He advised that he had been in contact with staff on numerous occasions and been assured that the berm would be repaired and that the ditch would be cleaned out. To date, he advised, nothing had been done. Mayor Stewart asked the Town Manager to investigate the complaint and return to Council with a report. Next, Jack Lane addressed Council regarding a culvert at the corner of 4th and Madison. He advised that the road looks level when traveling down Madison, however, when you cross 4th Street, there is a culvert that vehicles fall in to. Mayor Stewart asked the Town Manager to investigate the complaint and return to Council with a report. There being no further comments, the Public Comment period was closed at 7:47 p.m. Next, Councilman Bolen moved to adopt the Council minutes of June 3, and two sets of minutes from June 17, 2003. Councilman Fleenor advised of a correction on page 6 of the June 3 minutes: Holtz should be changed to Holt. Councilman Bolen amended his motion to include the correction, and was seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent 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 Committee Reports. Finance Committee Chairman Worrell asked the Finance Director, Ms. Boyd to give a report. Ms. Boyd gave an update on the estimated year end budget summary. Additionally she advised that approximately 95.5% of the real estate tax had been collected. Next, Utilities Committee Chairman Bolen advised that Committee met and reviewed the recent Wurno pump station failure. Staff will be providing a report within the next 60 days. Additionally, he advised that the customers that are currently served by the Mt. Olivet water tank will be connected to the County and the tank will be removed. The cost to the customers will not change. Mayor Stewart advised that the Planning Commission met for a work session and continued the discussion on the Comprehensive Plan. He advised that the Commission held a Public Hearing involving a request from U. S. Cellular to place a 124 foot cell tower at the intersection of 5th Street and Washington Avenue. The request was tabled pending submission of a site plan for an alternate site. Additionally, the Commission held a Public Hearing involving a request from the Vaughn family to name a heretofore un-named right of way “Hilda Lane”. The request was tabled for further consideration. Safety Committee Chairman Fleenor advised that Committee met and discussed a proposal to donate to a fund for Christiansburg Police Officer Hylton, who was killed in the line of duty. The consensus of the Committee was that Council could make donations on an individual basis. Chairman Fleenor asked Police Chief Roche to give an update on the new police officers. Chief Roche announced the new police academy graduates, which included Rick Riddle, Randy Pannell, Greg Quesinberry, and Isaac Van Patten. Chairman Fleenor continued that the Committee also discussed the progress in acquiring the new fire pumper. Due to delays, the manufacturer must pay some late delivery charges, which are being utilized to purchase other equipment for the pumper. The Town Attorney, Randolph Eley, gave a projects update including BZA appointees, ordinance preparation, trail easements, review of case law on cell phone towers, review of license statutes, depositions, and work on a BZA appeal, among other items. The Town Manager, John Hawley, gave a projects update including the execution of the Warden easement, authorizing the lowering of the speed limit to 35 mph on Route 11 by the school construction zone; researching the cost of changing the name of a street in Town; and scheduling of inspections on 4a and 4b pump stations. Additionally, Mr. Hawley advised of the receipt of a complaint regarding standing water and concern about mosquitoes. He advised that he thought the existing Nuisance Ordinance in place would cover the problem, but if he found that not to be the case, he would return to Council for an ordinance. Mr. Hawley also advised of an invitation to visit the Allisonia train station and several dates that Council could visit. Following discussion, the Town Manager was asked to schedule an appointment for July 14. Mr. Hawley continued that staff had distributed the annual report to Council for review. Councilman Neblett moved to receive the Annual Report, seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye The first item under Old Business was Ordinance 2003-12, Duke Easement. Councilman Worrell moved to adopt Ordinance 2003-12, regarding the Duke easement, seconded by Councilman Fleenor and passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent 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 under Old Business was nuisance abatement – pigeon contract. Mr. Hawley advised that Pulaski Furniture had taken some humane measures to control the pigeons in the downtown area with some success. They would like to expand on their efforts with a second phase that will cost $2500. They have asked the Town to contribute funds toward the project. A private citizen has pledged $200 toward the cause. Staff recommendation is to contribute $1,000 for the project. Councilman Worrell moved that the Town participate in the pigeon abatement program in the amount of $1,000, to be paid out of the Nuisance Abatement budget, seconded by Councilman Neblett. The Town Attorney requested that the motion direct the Town Attorney to prepare an Ordinance for the pigeon abatement program. Councilman Worrell amended his motion to direct the Town Attorney to prepare an Ordinance for the Town’s participation in the pigeon abatement program, seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent 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 was Ordinance 2003-11, Amending the Compensation Plan. Councilman Black moved to adopt Ordinance 2003-11, Amending the Compensation Plan, seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Councilman Neblett asked Mr. Joel Burchett to report on the student/teacher project to clean a section of Peak Creek. Mr. Burchett advised that he and some student volunteers participated in a test pilot for a grant funded program called the “Adopt a Stream” program, through the Department of Conservation and Recreation. Approximately 25 elementary age students participated during the week and collected trash and brush, and piled it up for collection. Mr. Hawley commended the group and advised that the brush will be chipped up and spread on the bank and the trash will be picked up and hauled away. There being no further business, the meeting adjourned on motion by Councilman Neblett, seconded by Councilman Fleenor and carried on voice vote.