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HomeMy WebLinkAbout09-02-03Minutes of the regular Town Council meeting held September 2, 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., Bettye H. Steger Staff: John J. Hawley, Town Manager Doug Crockett, Associate Town Attorney Sherry Boyd, Finance Director John White, Economic Development Director Dave Quesenberry, Asst. to the Town Manager Gary Roche, Police Chief Patricia Cruise, Clerk of Council Others: E. E. Smith Brenda Eversole Suzanne Vaughn Terry Vaughn Carl Epley John W. Ratcliff Michael W. Smith Jenny Kneppes Wayne Seagle E. O. Newman Elaine Newman Dana S. Patton W. E. Patton Ann Mathison Louanna Epley Lois C. Smith Timothy Kuntz Jason Dunovant Scotty Wampler Judy Stoots A. L. Stoots, Jr. Jeff Stoots Virginia Stoots Melissa Stoots Reece Jeffrey Stout Gayle Lon g Edgar Belcher Henry Cook Stephen Cook Heather Cook Betty Quesenberry “Red” Sowers Glenna Jefferson George Jefferson Hilda M. Vaughn Randy Vaughn Mark Vaughn Carl Chandler Charles Wade Bill Warden Mayor Stewart called the meeting to order. Councilman Bolen led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Mayor Stewart announced the Public Hearing regarding an alley closing. Mr. Hawley advised of a request by Stephen and Heather Cook at 326 Chestnut Street to close an alley behind the property. He asked Mr. Quesenberry to continue. Mr. Quesenberry advised that following the receipt of the request by Stephen and Heather Cook to close the alley, certified letters were mailed to adjacent property owners and advertisements placed in the newspaper as required by law. He advised that the Public Operations Committee visited the site and recommended that the alley be closed. There being no questions from Council, Mayor Stewart opened the Public Hearing at 7:05 p.m. Melissa Stoots Reese addressed Council, speaking on behalf of her mother Virginia Stoots, opposing the closing of the alley. She advised that the alley is used for wintertime access and parking and that people will have to park in the public street if the alley is closed, making it difficult for the snow to be cleared away. She also advised that her mother and father have kept the alley mowed for the 49 plus years that they have lived in their home. Next, A. L. Stoots, Jr. addressed Council, speaking on behalf of his mother Virginia Stoots, opposing the closing of the alley. He advised that the trash trucks use the alley, and reiterated that people use the alley to park during snows and that his parents have maintained the alley for almost 50 years. Next, Henry Cook addressed Council on behalf of his son, Stephen Cook, advising that there must be a misunderstanding. He stated that the alley is not being used for anything but parking. The neighbors use the alley for parking for themselves and their visitors. He asked that the alley be closed and split between the property owners. Mayor Stewart asked the Town Manager if he thought there was a misunderstanding as to which alleyway was being discussed? Mr. Hawley advised that he felt that everyone was clear on which alley was being discussed. There being no further comments, the Public Hearing was closed at 7:10 p.m. Next, Tim Kuntz, the Board of Zoning Appeals Chairman addressed Council regarding the unusual number of applications for variances since the new zoning laws became effective in March of 2003. He expressed concern that if the trend continued there would inevitably be “piecemeal or local zoning” and asked for Council’s guidance. Councilman Worrell moved to refer the BZA problem regarding zoning setbacks to the Planning Commission for review, seconded by Councilman Black and carried on voice vote. The next speaker was Dr. Randy Vaughn. Dr. Vaughn addressed Council opposing the proposed renaming of Hilda Lane. He read a statement (included in the official Council minutes), and advised that a survey of all of the residents whose land is contiguous with the right of way shows that three of the four families wished the name Hilda Lane to be retained. Vaughn family members, Hilda Vaughn, Patricia Vaughn Hale and Mark Vaughn and adjacent property owners Charis and Richard Hasson also registered their preference that the name Hilda Lane be kept. Terry Vaughn summarized his opposition to the name and advised that three of the five residents of the street (Mr. Terry Vaughn’s family), wished for the name Hilda Lane to be changed to Vaughn Lane in honor of his father Donald Vaughn. Next, Michael W. Smith addressed Council regarding “boom cars”, requesting that Council adopt an ordinance specifically for “boom cars” in conjunction with the Town’s noise ordinance. John Ratcliff then addressed Council regarding the need for striping on Newbern Road. Additionally, he expressed agreement with Mr. Smith’s comments regarding the “boom cars”. The Town Manager was directed to review the street for striping. Following discussion, Councilwoman Steger moved to refer the “boom car” ordinance request to the Ordinance Committee as a Committee of the Whole for consideration, seconded by Councilwoman Mitchell. Councilman Worrell suggested that the County be contacted to ascertain whether they have a noise ordinance so that there would be no conflict. Motion then carried on voice vote. The next item for consideration was the Consent Agenda. Councilman Bolen moved to adopt the Consent Agenda, consisting of the Council minutes of the August 5, 2003 meeting, seconded by Councilman Black and carried on voice vote. The next item on the agenda was Committee Reports. Finance Committee Chairman Worrell advised that Committee met and discussed investment options for Town funds. The Finance Committee recommended that Council approve investing $500,000 from the General Fund in a six month CD with Bank of America. Councilwoman Steger moved to adopt the recommendation of the Finance Committee to invest $500,000 from the General Fund in a six month CD with Bank of America, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr., - Aye E. G. Black, Jr. - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye Chairman Worrell continued that the Committee then considered a request from Paul Duncan. Mr. Duncan planned to develop the property at 1865 Bob White Boulevard to include a convenience store and a three bay car wash and he asked for the Town to waive the sewer extension and utility connection fees. The Committee recommended that Council approve extending the sanitary sewer line 205 feet to serve the intersection of Warden Spring Road and Bob White Boulevard at no cost to the developer. Councilman Bolen moved to adopt the recommendation of the Finance Committee to extend the sewer extension 205 feet to serve the intersection of Warden Spring Road and Bob White Boulevard at no cost to the developer, seconded by Councilwoman Mitchell and carried on the following recorded vote: Jeffrey S. Worrell - Aye John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr. - Aye E. G. Black, Jr. - Aye Bettye H. Steger - Abstain Pauline G. Mitchell - Aye Chairman Worrell continued that the Committee also considered a request by Emory Bearden for aid in converting a building from one water meter to a total of 6 water meters for the apartments that he is converting. The Committee recommended that Council waive the availability fees and charge the full installation fees. Councilman Fleenor moved to adopt the recommendation of the Finance Committee to waive the availability fees and charge the full installation fees to Mr. Bearden, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr. -Aye E. G. Black, Jr. - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye Chairman Worrell then advised that the Committee has had several requests similar to Mr. Bearden’s and has asked staff to develop a set of guidelines to act on in the future. Next, Public Operations Committee Chairman Neblett advised that the Committee met on three occasions and took action on the following items: The Committee recommended that Council change the name of Hilda Lane to Vaughn Lane. Councilman Fleenor moved to accept the Public Operations Committee recommendation to adopt Ordinance 2003-17, renaming Hilda Lane as Vaughn Lane, seconded by Councilwoman Mitchell. Councilman Worrell commented that he could not support the recommendation because he was satisfied that the Planning Commission knew Mr. Terry Vaughn’s opposition to the particular street name before they voted to name the right of way Hilda Lane and they chose to follow past practice and adopt the name provided by the subdivider. He commented that “the obvious solution would be a compromise, an alternate name that is agreeable to all parties involved”, but “that is not that case here”. He advised that he didn’t think it was right to placate one citizen at the expense of another. Mayor Stewart pointed out that it has been the practice in the past for the Town to defer to the Planning Commission for the naming of streets and that it has been the practice of the Planning Commission to accept the name that has been submitted by the subdivider, which in this case was Don and Hilda Vaughn. The Planning Commission accepted the name provided by the subdivider in naming Hilda Lane. Motion then passed on the following recorded vote: Jeffrey S. Worrell - No John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr. - Aye E. G. Black, Jr. - No Bettye H. Steger - No Pauline G. Mitchell - Aye Committee recommended that Council adopt Resolution 2003-15, “A resolution in support of rail alternatives to complement planned improvements to interstate 81”. The Committee also reviewed a proposal to lease the former Sock Shop to create a retail shop for weaving. In order for the space to be viable, the Town would need to install lighting, check out the electrical service, soundproof the wall, and install an 8 by 10 foot roll up rear door. The offer was for $300 per month during the set up time period and then $500 a month. The Committee recommended that Council direct the Town Attorney to draw up a 90 day renewable lease at $450 per month for the first year, and $500 a month after 12 months. Town Manager Hawley advised that Mr. Harman, who submitted the proposal, has asked the Town to hold off on the lease while he investigates other properties in Town. The Public Operations Committee was told that the Museum Committee had met and adopted Scheme “B”, for the Museum, which is a freestanding building. The Committee recommended that Council: Approve the Scheme “B” concept and direct the staff to have the plans and specifications revised to include a façade in the railroad motif on the front of a pre-engineered shell building. Councilwoman Steger seconded the motion by the Public Operations Committee to approve Scheme “B” for the Museum and direct staff to have the plans and specifications revised to include a façade in the railroad motif on the front of a pre-engineered shell building, and carried on the following recorded vote: Jeffrey S. Worrell - Aye John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr. - Aye E. G. Black, Jr. - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye 5. Councilman Fleenor moved to direct the Town Attorney to draw up a legal agreement between the Town and Dr. Milton Brockmeyer and Oscar Seagle, regarding the loan of items for the Museum, seconded by Councilwoman Steger and carried on voice vote. 6. Town Manager Hawley advised that the Public Operations Committee also reviewed a request from the Friends of the Theatre to acquire a one time ABC permit for Calfee Park for the September 26, 2003 “Low Country Boil” for a cash bar for beer and wine. The Committee recommendation to Council was to allow the Friends of the Theatre to acquire a one time ABC permit for Calfee Park for the September 26, 2003 “Low Country Boil” for a cash bar for beer and wine. Councilman Bolen moved to accept the recommendation, seconded by Councilman Neblett and carried on voice vote. Next, Human Resources Committee Chairwoman Steger advised that Committee met and took the following actions: Recommended that Council reappoint Councilwoman Mitchell as Representative and Betty Quesenberry, Alternate to the New River Valley Agency on Aging with terms to run from October 1, 2003 to September 30, 2004. Councilman Bolen moved to adopt the recommendation of the Human Resource Committee to reappoint Councilwoman Mitchell as Representative and Betty Quesenberry, Alternate to the New River Valley Agency on Aging with terms to run from October 1, 2003 to September 30, 2004, seconded by Councilman Black and carried on voice vote. The Committee also discussed appointments to the Architectural Review Board, the Economic Development Board and the Housing Board of Adjustment and Appeals and asked that Council and citizens submit recommendations for the Committees consideration for the October, 2003 Council meeting. The Committee recommended to Council that the Fire Department hire an entry level fireman to replace a long standing employee and take the remainder of the difference in salary between the entry level position and the retiring employee and divide it between the remaining positions in the fire department. Councilwoman Mitchell moved to adopt the Human Resource Committee recommendation for the Fire Department, seconded by Councilman Black and carried on voice vote. The Committee recommended that Council appoint the following people to a committee to review the Personnel Manual and Classification Plan: John Hawley, Town Manager Sherry Boyd, Finance Director Nikki Shank, Asst. Finance Director Randy Eley, Town Attorney Bettye Steger, Council Member E. G. Black, Jr., Council Member Councilman Worrell moved to adopt the Human Resource Committee recommendation appointing a review Committee for the Personnel Manual and Classification Plan, seconded by Councilman Neblett and carried on voice vote. Next, Safety Committee Chairman Fleenor reported that the Committee met and learned that the delivery of the fire pumper has been delayed further and that the Town will receive $100 a day in penalty for the delay; that the annual fire parade has been scheduled for October 9, 2003 at 7 p.m. The Committee also learned that the Police Department has lost 2 vehicles to accidents; that realtor’s signs, yard sale signs and election signs were again appearing in right of ways. Staff was directed to send a letter to all realtors and to the party chairs for the election, reminding them of the Town Ordinance and giving them seven days to remove their signs. After that time, staff was instructed to remove the signs and take them to the police department for recovery. Regarding the yard sale signs, staff was directed to put an article in the newspaper regarding the rules for yard sales and reminding the citizens where the signs could be located. Additionally, staff was directed to supply a copy of the Ordinance to the citizen when they pick up their yard sale permit. Under Mayor’s report, Mayor Stewart advised that he had received a thank you letter from the Town of Pearisburg for the invitation to the Blue Jays baseball game, expressing their enjoyment of the evening. The Mayor also advised that he had received a letter from the organizers of the Jamestown Festival inviting participation in the celebration and planning. Town Manager Hawley gave a projects update for the Town Attorney in Mr. Eley’s absence including the preparation and filing of a brief for the Board of Zoning Appeal to the State Supreme Court; research and handling of several freedom of information act requests; participated in depositions; attendance in federal court in a suit against the Town; drafting of ordinances for the Edmonds building, taxi cab fares and the renaming of Hilda Lane and filing of suits on dilapidated structures. Mr. Hawley then gave the Town Manager’s report, advising that the 2003 paving project has been completed; moved equipment to Kersey Bottom to begin work on the ditch; the receipt of 6 responses to the Request for Qualifications for the Human Resources Manual and Classification Plan; began enforcement of the yard sale signs. Additionally, he asked for a recommendation from Council to close the alley behind 326 Chestnut Street if that was Council’s decision. Under Old Business was Ordinance 2003-18, Ordinance Repealing Ordinance 2000-01. Councilman Worrell moved to adopt Ordinance 2003-18, repealing Ordinance 2000-01, the Town’s regulation of taxicab fares, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr. - Aye E. G. Black, Jr. - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye Town Manager Hawley requested that the press clarify in their articles that this Ordinance only affects the rates charged by the cabs. It does not affect the remainder of the code regarding operation of the cabs. The next item on the agenda was the scheduling of a Public Hearing for the Sale of the Edmonds Building. Mr. Hawley advised that one response was received to the Request for Proposals for the Edmonds Building. Mr. Bill Warden has agreed to pay $25,000 for the Edmonds Building. Mr. Warden has deposited $2,500 with the Town, subject to final approval next month. According to the terms of the recommendation of the Committee, Mr. Warden will immediately be allowed to occupy the building at no additional rent. Councilman Fleenor moved to schedule a Public Hearing for the October 7, 2003 Council meeting for the sale of the Edmonds Building, seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr. - Aye E. G. Black, Jr. - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye The first item under New Business was Ordinance 2003-14, appointing the Board of the Greater Pulaski Alliance as The Festival Committee for Pulaskifest 2003. Councilman Bolen moved to adopt Ordinance 2003-14, seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - Aye John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr. - Aye E. G. Black, Jr. - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye The next item for discussion was Resolution 2003-15, Supporting Rail Alternatives Complementing Planned Interstate 81 Improvements. Councilman Bolen moved to adopt Resolution 2003-15, seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye John T. Bolen - Aye Kenneth M. Fleenor - Aye James M. Neblett, Jr. - Aye E. G. Black, Jr. - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye The next item on the agenda was the proposed cell phone tower lease. Mr. Hawley advised that a request had been received to place a cell phone tower at the corner of 5th and Washington Avenue. The request had been tabled by the Planning Commission. Alternative locations were researched and U. S. Cellular settled upon a Ridge Avenue tank site. The Town staff is negotiating a lease with U. S. Cellular. When the lease is completed, staff will provide it to Council at the October Council meeting. The next item on the agenda was preparation of an Ordinance to close the alley behind Chestnut. Mayor Stewart asked for recommendations from Council since the Public Hearing had been held earlier in the meeting. Following discussion, Councilman Fleenor moved to refer the request back to the Public Operations Committee for reconsideration, seconded by Councilman Worrell and carried on voice vote. There being no further business, the meeting adjourned on motion by Councilman Neblett, seconded by Councilman Fleenor.