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HomeMy WebLinkAbout08-05-03Minutes of the regular Town Council meeting held August 5, 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., Town Attorney John J. White, Economic Development Director Elizabeth Webb, Intern Gary Roche, Police Chief E. T. Montgomery, Police Department Bill Pedigo, Town Engineer Patricia Cruise, Clerk of Council Others: Suzanne Vaughn Terry Vaughn Louanna Epley Lane R. Penn Ruth Stewart James Steyles Andrew Stewart Chris Stewart Katie Stewart Marvin Covey Peggy Covey John Goad Rolande Cole Doris King Don Simmons, Jr, Press Jason Dunnavant, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilwoman Mitchell led the Pledge of Allegiance and Councilman Fleenor gave the Invocation. Following roll call, Mayor Stewart announced the Public Hearing regarding an Enterprise Zone Amendment. John White, Economic Development Director, introduced Elizabeth Webb, a summer intern, who would be aiding him in his presentation. He explained that 320 acres are designated as the Virginia Enterprise Zone with the current boundaries encompassing the downtown area and south side residential neighborhoods. There are incentives that are connected to the Zone that accrue to the employer and the residents of a Zone if they are employed in the Zone. Staff proposed that Council consider transferring approximately 14 acres of the current designated zone and creating a sub-zone at the Pulaski Business Park. He asked Ms. Webb to describe the property that is proposed to be deleted from the current zone and the process involved in acquiring state approval for the transference. Ms. Webb explained which areas were proposed to be deleted from the zone, pointing them out on a display map. She explained that these properties have been chosen because there was no feasible way to develop them. She advised that the Pulaski Business Park, and the Pulaski Furniture Building #10, which is on the corner of Bob White Boulevard and Route 99, were the two properties that staff was considering including in the sub-zone for the Enterprise Zone. Staff felt that the incentives acquired by being in the Enterprise Zone would help in attracting new businesses to the area. Mr. White continued that Counties can now amend their Enterprise Zones to include the Towns. Staff has proposed to the County and the Supervisors have approved, that the County expand their Enterprise Zone to include the former Renfro Building. This would enable the Town to use the acreage in a better way. He advised that the staff recommendation was to allow staff to continue the planning process for the Enterprise Zone, including legal advice. Following discussion, Mayor Stewart opened the Public Hearing at 7:12 p.m. There being no comments from the public, the Hearing was closed. Councilman Neblett moved to allow staff to continue the planning process for the Enterprise Zone, including legal advice, seconded by Councilwoman Mitchell 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 the Public Comment Period. Mr. Marvin Covey addressed Council speaking against repealing Ordinance #2001-15. He opined that “motorized vehicles” should not be on the highways, citing safety of the driver of the “motorized vehicle” and of the other drivers. He advised that cab service was available for these situations. He opined that repealing the Ordinance would open the Town to litigation. Next, Mr. Terry Vaughn addressed Council regarding the naming of a street to the right of way to his home. He disputed the facts of the case and requested that the Planning Commission be directed to rename Hilda Lane to a name agreed to by the residents of that drive. The next item on the agenda was the Consent Agenda. Councilman Fleenor moved to adopt the Consent Agenda consisting of the minutes of the July 1, 2003 Council minutes, seconded by Councilman Bolen and carried The next item on the agenda was Committee Reports. Finance Committee Chairman Worrell advised that Committee met and discussed taxi cabs in the Town. They learned that taxi cab rates are not regulated in most areas, but cabs are regulated through safety inspections. The Finance Committee recommended that Council direct the Town Attorney to draw up an Ordinance removing the regulation of taxi cab rates 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 Chairman Worrell continued that the Committee discussed tennis courts and a skateboard park. He advised that the Committee was provided with the cost of refurbishing the four tennis courts in Town and also the cost to create a skateboard park on one of the tennis courts. Following discussion, the Committee requested that staff do a needs assessment/survey through articles in the newspaper and flyers distributed throughout the Town and to approach the County regarding the possibility of sharing the expenses. Additionally, the Committee tabled a decision on refurbishing the tennis courts until a decision was made on whether to create a skateboard park on one of the tennis courts. Next, Public Operations Committee Chairman Neblett advised that Committee met and discussed the responses to the Request for Proposals issued by the Town regarding disposition of the Edmonds Building. Staff was asked to continue with negotiations. Chairman Neblett added that Committee reviewed a list of unnamed streets prepared by the Engineering Department in response to a request from the Planning Commission to list unnamed streets or right of ways in the Town. Following discussion, the Committee recommended unanimously that the notifications proceed and include the renaming of Magnox Drive. Chairman Neblett continued that the Committee then reviewed the proposal to rename streets in the Town’s Pepper’s Ferry Road. The Committee asked staff to provide cost data on purchasing historical signs and receive input from the public. Chairman Neblett also advised that the Committee learned that only one flower arrangement in a vase would be permitted at graves at Oakwood East and Pinehurst Cemeteries, beginning August 8, 2003, due to heavy rains and difficulty in mowing and trimming caused by flower arrangements. Additionally, the Committee received information on potential location of a cell tower in the Town. Staff was directed to continue inquiries on potential property acquisition to enlarge the site to permit the tower’s installation. Chairman Neblett advised that the Committee discussed a request to lease the former sock shop. The Committee recommended that Council direct the Town Attorney to prepare a 90 day auto-renewable lease 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 And lastly, Chairman Neblett advised that the Committee discussed a request to close an alley off of Chestnut Street. Following discussion, the Committee recommended that staff schedule a public hearing for the alley closing and schedule a Public Operations Committee visit, 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 Next, Ordinance Committee Chairman Black advised that Committee met and discussed a matter related to Ordinance 2001-15. Town Attorney Eley advised Council to enter into Closed Session under 2.2-3711 (A-7), to discuss the matter. Council entered into Closed Session at 7:43 p.m. under 2.2-3711 (A-7) on motion by Councilman Neblett, seconded by Councilwoman Mitchell 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 Council returned from Closed Session at 8:03 p.m. and adopted the Certification Resolution on motion by Councilman Fleenor, 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 Ordinance Committee Chairman Black advised that the Committee had discussed a matter related to ordinance 2001-15 and recommended that the Ordinance be repealed. Motion failed on the following recorded vote: Jeffrey S. Worrell - No Bettye H. Steger - Absent Kenneth M. Fleenor - No John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - No Pauline G. Mitchell - No The next item on the agenda was the Planning Commission report. Mayor Stewart advised that the Planning Commission recommended that the street off of Newbern Lane be named Hilda Lane. The Commission also discussed an application for a cell tower and was tabled pending the receipt of further information. In Human Resources Chairwoman Steger’s absence, Mr. Hawley was asked to provide an update. Mr. Hawley advised that the Human Resource Committee did not meet, however, in continuation of the Committee’s work, an RFP would be advertised for the updating, revision and consolidation of the Human Resources manual and also the Classification Plan for the Town. Under the Mayor’s report, Mayor Stewart addressed the layoffs at the Renfro plant in Town and expressed Council’s regrets and offered the sympathy of Council. Town Attorney Eley gave a projects update including work on several legal cases, depositions, a BZA appeal for the Supreme Court, and the preparation of ordinances. Next, Mr. Hawley gave the Town Manager’s report including that the street paving had started; that staff had review the berm complaint along Peak Creek in the Kersey Bottom area and staff recommendation is to repair and extend the berm by 200 feet, past 1000 Melbourne Avenue. He emphasized that this will not prevent localized flooding in the area, nor 100 year floods. He continued that staff also reviewed a problem with drainage along Crescent Street to Peak Creek. The staff recommendation was to ask Public Works to clean the ditch along Crescent to Peak Creek. After the ditch is cleaned it will be shaped and as much fall will be used as is possible. Again, he emphasized that this will not solve any flooding problems to the area. Mr. Hawley continued that the easement had been signed by Jim Duke; work continues on the V&H property closing; that the unit 3 fire truck is out of order; advised of problems with the Town phone system; and advised that Senator Allen and Congressman Boucher have been contacted regarding the personnel loss at Renfro and asked for their assistance with relocation or retraining assistance. In response to the Mayor’s request for an explanation of the procedures involved in naming streets, Mr. Hawley explained that in the past the Planning Commission has named streets according to the names listed on the plat. Once they approve the plat and the name, it is recorded and it becomes a recorded right of way. The developer has to bring it up to state standards and if it is a paved road it is taken into the Town system for maintenance. He added that the Code of Virginia addresses this under 15.2-2019, “Localities may name streets, roads and alleys”. Mr. Hawley requested that a Public Operations Committee meeting be scheduled for the entire Council to attend to further discuss this matter. He opined that a review of the matter would show that the Town has the right to name streets, roads and alleys. However, he added that he thought consideration should be given to the concerns of Mr. Vaughn. Councilwoman Mitchell moved to refer the Vaughn matter to the Public Operations Committee, seconded by Councilman Fleenor 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 2003-14. Councilman Black moved to adopt Ordinance 2003-14, Closing and Vacating an Alley Parallel to Lexington Avenue and South Madison Avenue extending from Third Street SE to Fourth Street SE, seconded by Councilwoman Mitchell 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 Ordinance 2003-15. Councilman Fleenor moved to adopt Ordinance 2003-15, Closing and Vacating an Alley between 816 and 822 Dora Highway to Jackson Avenue, 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 Next, Councilman Black moved to adopt Ordinance 2003-13, authorizing funds for pigeon abatement, 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 Lastly, Councilman Fleenor moved to excuse Councilwoman Steger for her absence from the meeting, seconded by Councilwoman Mitchell 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 There being no further business, the meeting adjourned on motion by Councilman Neblett, seconded by Councilman Bolen and carried.