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HomeMy WebLinkAbout11-11-03Minutes of the Town Council meeting held November 11, 2003 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, Asst. to the Town Manager Sherry D. Boyd, Finance Director John B. White, Economic Development Director William D. Pedigo, Town Engineer Patricia Cruise, Clerk of Council Others James Creekmore William Tucker Paula Figgatt John King Jean M. King James Holliday Bill Harrison Sally Bush John Martin James Gallimore Jesse Worrell Judy Taylor Darrell Taylor Walter H. Taylor Patricia L. Taylor Spencer Rygas Mayor Stewart called the meeting to order at 7:00 p.m. Councilman Neblett led the Pledge of Allegiance and Councilman Black gave the Invocation. Following roll call, item 16D, Ordinance 2003-21 and item 16E regarding signs was added to the agenda under New Business. Mayor Stewart advised that the first item on the agenda was a Public Hearing for a cell tower request. David Quesenberry advised that United States Cellular wished to place an antenna within the downtown area to improve the cellular service. After some discussion, a site was located at the Ridge Avenue tank site and a request was made to place the tower at that location. The Planning Commission reviewed the request and recommended approval. Mr. Quesenberry stated that all legal advertising and notification requirements had been met for the public hearing. He also stated that no negative comments had been received as of October 31, 2003. There being no comments from Council, the Mayor opened the Public Hearing at 7:05 p.m. Mr. James Creekmore, an Attorney representing United States Cellular, addressed Council reiterating Mr. Quesenberry’s summary and offered to answer any questions that Council had. The Mayor inquired whether the contract had provisions for the Town to use the tower for wireless fidelity? Mr. Creekmore responded that the contract does provide for the Town’s facilities on the tower. Mr. Hawley interjected that would be covered under the special exceptions granted by Council. There being no further comments from the public, the hearing was closed at 7:11 p.m. The next Public Hearing was a request for 7th Street NE and Walnut alley closing. Mr. Quesenberry advised that a petition from six property owners was received by the Town requesting that the alley at 7th Street NE and Walnut be closed. The Public Operations Committee considered the request and recommended that the alley be closed as requested. He advised that subsequently, Mrs. Dorothy Waller and Ms. Jean King had contacted staff expressing opposition to the alley closing. He advised that as of November 5, 2003, no further comments had been received. There being no questions from Council, Mayor Stewart opened the public hearing at 7:13 p.m. Jessee Worrell addressed Council advising that he had requested that the alley be closed due to the great amount of traffic through the alley. Ms. Jean King, Darryl Taylor, Dorothy Waller and Judy Taylor spoke against closing the alley advising that they use the alley for access to their houses and citing safety issues. There being no further comments from the public, the hearing was closed at 7:26 p.m. Following discussion, Councilman Neblett moved to not close the 7th Street NE and Walnut alley, seconded by Councilman Bolen 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 on the agenda was the Public Comment Period. Sally Bush addressed Council and advised that the Farmer’s Market and the Flea Market had been very successful. She stated that the vendors were already contacting her in preparation for next year. Next, Councilman Fleenor moved to adopt the Consent Agenda consisting of the minutes of October 7, 2003, seconded by Councilwoman Mitchell and carried on voice vote. Mayor Stewart called for the Committee Reports. Finance Committee Chairman Worrell advised that the Committee met without a quorum and learned from Mr. Clark Wallcraft, Director of the Pepper’s Ferry Regional Wastewater Treatment Authority, that the Town would have an additional $60,366.99 in debt service this fiscal year over the currently budgeted amount. A wording error in the original bond document led to the increase in debt service. The Authority proposed to release Town funds for unscheduled maintenance for application towards the additional payment. The Town is researching additional ways to close the shortfall. Action will be required by Council before December 31, 2003. Chairman Worrell advised that the Committee also looked at the issue of whether to repair or replace the aerial unit at the Fire Department. Staff had been told to gather more information, with Council action to be taken tonight. Chairman Worrell continued that the Committee also reviewed the costs associated with a public transportation system. Grant funds are available for establishing a system, which will require a Town match in the FY 2004-2005 budget. Additionally, he advised that the Committee heard a report from the Finance Director on the first quarter performance of this year’s budget, which found revenues generally in line with budget projections with some revenue areas showing better than expected results. He informed the Council that the Finance Director also briefed the Committee on expenditures from the General Bond and on paying utility bills or taxes with either credit cards or by on-line payments by computer. Chairman Worrell advised that action needed to be taken on whether to repair or replace the aerial unit at the Fire Department. He continued that while there was no Committee recommendation because there was not a quorum at the meeting, he felt that the unit should be repaired and moved that staff proceed with repairs to the aerial fire truck. Councilman Neblett seconded the motion. Mr. Hawley advised that he had an updated report from Fire Chief Webb and it appeared that the repair cost would be in the range of $3,000 to $5,000 and staff would try to absorb the cost in the current budget. If the repairs cost more than that range, they would be taken from the Capital fund. The motion then 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 Finance Committee Chairman Worrell also advised that Council needed to authorize staff to begin the application process for a transportation grant. He moved to authorize staff to begin the application process for a transportation grant, seconded by Councilman Neblett. Mr. Hawley advised that he had discovered that there may be more interest with the County and Dublin in the project than was originally believed. He advised that he would be pursuing this avenue at the same time that staff is beginning the application process for the grant. The motion was then adopted on voice vote. Finally, Chairman Worrell advised that the Finance Committee met and discussed a request from Pulaski Furniture Corporation to formally waive the loan acceleration provision in the deed of trust related to the property at 1201 East Main Street. He advised that action would be taken under New Business. Next, Utilities Committee Chairman Bolen advised that the Committee met and discussed utility billing, additional payments to Pepper’s Ferry and new meter reading systems. The only recommendation from the Committee was regarding the water and sewer billing. The Committee recommended that the method of billing remain the same for now, with a review in six months. Public Operations Committee Chairman Neblett advised that the Committee met and reviewed a recommendation for the proposed museum building; reviewed two requests for alley closings; and discussed DEQ-FEMA monies possibly available for hazard mitigation. He advised that the Committee recommended the following: To permit the Town Attorney to draw up contracts with Mr. Oscar Seagle and Dr. Milton Brockmeyer, and to take the Wiley and Wilson contract off the agenda for the November meeting. That Mr. Hawley proceed with filing a preliminary application for the FEMA funds for hazard mitigation. Chairman Neblett moved to authorize the Town Manager to proceed with filing a preliminary application for the FEMA funds for hazard mitigation, seconded by Councilman Fleenor 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, Mayor Stewart gave the Planning Commission report, advising that they conducted two public hearings regarding amendments to the R-1 Residential district. They recommended: Regarding the keeping of horses and ponies in the R-1, the Commission recommended a minimum of two acres with a minimum number of animals allowed determined by the number of acres, minus one. That the placement of structures for animals be at least 100 feet from side and rear lot lines. Regarding placement of structures on a corner lot, that there be no orientation requirements for structures on a corner lot in a residential district. Regarding setbacks, that a ten foot setback from all lot lines be imposed. The Committee also considered a request for comment from the Department of Housing and Community Development concerning the present boundaries of the New River Valley Planning District. They voted unanimously that no change be made to the boundaries of the current district which includes Floyd, Montgomery, Giles, and Pulaski counties and the City of Radford. Councilman Black moved to direct the Town Attorney to prepare the Ordinances regarding amendments to the R-1 Residential District regarding the keeping of horses and ponies; the placement of structures on a corner lot; and setbacks on property lines, 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 Councilman Bolen moved to ask the Ordinance Committee to review the Ordinances regarding amendments to the R-1 Residential district regarding the keeping of horses and ponies; the placement of structures on a corner lot; and setbacks on property lines, 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 Human Resource Chairwoman Steger advised that the Human Resource subcommittee met and reviewed the proposals for the Human Resource policy manual and interviewed three firms. Mr. Hawley added that due to the cost of the bids, the Town had to scale back the project and only work on the Policy manual at this time. When informed of this decision, several firms opted not to continue with the process. The subcommittee interviewed the three remaining firms. Chairwoman Steger continued that the subcommittee recommends Fox, Lawson and Associates be awarded the project. She added that the bid came in at $6,000 more than Council had budgeted for the project, however, staff felt that the additional funds could be located in different areas of the existing budget. Chairwoman Steger moved that the Town Attorney be directed to draw up a contract with Fox, Lawson and Associates 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 advised that Ms. Judy Taylor had signed up to address Council during the Public Comment Period and due to a misunderstanding, did not speak. He added that, with Council’s permission, he was going to allow Ms. Taylor to speak at this time. Ms. Judy Taylor addressed Council about cutting down the trees on Main Street, water bills, and in her opinion, Council’s refusal to listen to voters. The next item on the agenda was the Mayor’s Report. Mayor Stewart advised that Renfro announced that it was closing permanently in January of 2004. This will result in the loss of 315 employees. He expressed his sympathies to the Renfro employees and advised that Town staff is arranging a meeting with Town and County officials, representatives from the Virginia Employment Commission, Senator Allen and Representative Boucher’s offices and Renfro Management to consider the best ways to assist Renfro employees as well as how to best soften the impact on the community and the local economy. Next, Mayor Stewart advised that since Council had agreed to participate in the Jamestown 2007 Celebration, it was necessary to sanction the local organizational committee. He asked for a motion to sanction the committee and support the Jamestown Committee. Councilman Neblett moved to sanction and support the Jamestown Committee, 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 Mayor Stewart moved on to information technology. He proposed forming an Information Technology (IT) Department in the Town and asked that it be referred to the Finance Committee for discussion. Councilman Black moved to ask the Finance Committee to take a look at whether the Town should create an IT department and if so, how to pay for it, 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 Next, the Town Attorney gave a projects update including work on a dilapidated structure case; several legal cases; contract review; and preparation of a lease. Additionally, he advised that the lease for U. S. Cellular to be addressed required a ¾ vote of Council and that the lease had already been executed by U. S. Cellular. He added that two provisions will need to be included in the special exceptions permit. Councilman Neblett moved to direct the Town Manager to prepare the zoning certificate to include the special exceptions (included in the official minutes), 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 Under the Manager’s Report, Mr. Hawley informed Council that: the Town was successful in receiving two transportation enhancement act grants for $80,000, to continue the Raymond F. Ratcliffe Museum expansion work, and $27,000 for a new project called the Iron Bridge Walking /Bike Trail that will connect First Street to Third Street. Regarding nuisances, Council was informed that a letter was sent to Delegate Keister asking that the Town be kept apprised of any proposed changes in the state law concerning boom boxes or loud noises which could impact the Town’s noise ordinance. Mr. Hawley also informed Council that the Town had received official notification from the Dept. of Housing and Community Development that it was awarded a $15,000 planning grant to continue work on the Downtown Revitalization Grant. He also told Council that the Town was in the process of updating its web site to make it more user friendly. With respect to utility payments he mentioned that the Finance Director had been working with an outside company to accept credit card payments for utility bills and taxes. In additional issues connected with the museum, Mr. Hawley reported that he had met with the Fine Arts Center who informed him of their interest in participating in the Museum expansion project. He also noted that work on directional sign contracts for local restaurants was continuing. The next item on the agenda was Old Business. The first item for discussion was tree trimming/streets & Peak Creek. Mr. Hawley advised that staff has been unable to secure the Camp One work crew for the fall trimming and cleaning around Town. Therefore, Public Works cleared the Sproule’s Run channel from Northwood Drive to Alum Spring Road and have also completed the trimming of the street trees. He also advised that staff after receiving objections from some of the Main Street businesses regarding removing the trees on Main Street, reviewed the project. It was their decision that the work is necessary due to sidewalk safety. All of the trees will be removed except the four at the crosswalk and staff hopes to replace them in the future. The next item on the agenda was Resolution 2003-19, Global Contact Services. Councilman Worrell moved to adopt Resolution 2003-19, UDAG Grant to Global Contact Services, LLC, 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 Ordinance 2003-20, Cell Tower Contract. Councilman Black moved to adopt Ordinance 2003-20, Authorizing a Contract with U. S. Cellular, 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 The first item under New Business was adoption of CDBG Program Procedures. Mr. Hawley advised that certain plans and procedures are required by the Virginia Department of Housing and Community Development as part of the CDBG process for the Downtown Revitalization Grant. He reviewed the requirements and asked Council to adopt the procedures. Councilwoman Steger moved to adopt the following program procedures: 1. Residential Anti-Displacement and Relocations Assistance Plan Fair Housing Certification Section 504 Grievance Procedure Non-Discrimination Policy Local Business and Employment Plan The motion 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 The next item on the agenda was PFRWTA Debt Service. Mr. Hawley advised that staff made a request to Peppers Ferry Regional Wastewater Treatment Authority to release the O&M for pumps 4A and 4B and the request was granted. The Town will be receiving a check of approximately $10,000, which will be applied to the debt service that was not budgeted by PFRWTA. Mr. Neblett added that this money was in a reserve fund for the Town. Mr. Hawley confirmed that this money was in a reserve fund for the Town to be used for emergencies. He continued that the Engineering Department has been working with PFRWTA to reduce the costs at the pump stations. Staff will continue to monitor the sewer fund to determine any shortfall. The next item on the agenda was Ordinance 2003-21, execution of Pulaski Furniture Corporation Waivers. Mr. Eley advised that Ordinance 2003-21 was a replacement ordinance to adopt the Mortgagee Waiver and Waiver of Loan Acceleration Provision & Ratification of Indebtedness for Pulaski Furniture Corporation. Finance Committee Chairman Worrell advised that the consensus of the Finance Committee was to recommend adoption of Ordinance 2003-21. Motion 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, Councilman Neblett advised that he had received many comments and complaints about election signs in the area. He wondered if it would be acceptable to set a time limit for the amount of time that election signs could be displayed. Following discussion, Councilman Neblett moved to refer this topic to the Ordinance Committee, seconded by Councilman Bolen and carried on voice vote. Next, Councilman Worrell moved to enter into Closed Session under Va. Code 2.2-3711 (A-7), consultation with legal counsel and briefing by staff members pertaining to actual or probable litigation, 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 9:24, Council returned from the 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, the meeting adjourned on motion by Councilman Neblett, seconded by Mayor Stewart and carried on voice vote.