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HomeMy WebLinkAbout12-02-03Minutes of the Town Council meeting held December 2, 2003 at 7:00 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, John T. Bolen Members Absent: Bettye H. Steger, 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 White, Economic Development Director Gary Roche, Police Chief Patricia Cruise, Clerk of Council Others: Scout Troop 249: Nathan Williams Jack Via Steven Alley Lauren Duncan Mike Norris Andrew Schrader Tyler Clontz John Lucas Chris Hubbard Bradley Grubb Ian Brandau Don Mabry Michael Warburton Buck Blevins Oliver Samples Joel Burchett Blake Davis Don Mabry Archie J. Boothe, Jr., Leader Ralph D. Kelly Mark Williams, Leader Jo Beth Wampler Mark Alley, Leader Scotty Wampler Jason Dunovant, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilwoman Mitchell led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, item 16C, Ordinance 2003-23, was added to the Agenda under Old Business. Councilman Fleenor moved to excuse the absence of Councilwoman Steger and Councilman Neblett, seconded by Councilwoman Mitchell and carried on voice vote. After Mayor Stewart welcomed Scout Troop 249 to the meeting, he called for Randall Wertz, Executive Director of Literacy Volunteers to address Council. Mr. Wertz delivered a packet of information for Council and advised that due to state budget cuts, the Literacy Volunteers were short on funds. He asked Council to consider making a donation. Councilman Bolen moved to refer the request from Literacy Volunteers to the Finance Committee, seconded by Councilman Fleenor and passed on voice vote. Mayor Stewart moved on to Public Hearings. The first Public Hearing was a request to close Hickory Street. Mr. Quesenberry informed Council that the Public Operations Committee had reviewed the request and requested that a public hearing be scheduled. He advised that adjacent property owners were notified as mandated by law, with no objections received. Additionally, he advised that no objections were received from Town Department Heads. Mayor Stewart opened the Public Hearing. Myron Aust addressed Council advising that he did not oppose the closing, but felt there was a discrepancy in the property lines and adjacent property owners. He offered to supply his research to the Town Attorney for use during his research and preparation of the Ordinance to close the alley. There being no further comments, the Public Hearing closed at 7:18 p.m. The next Public Hearing was on a request to allow horses and ponies in the R-1 zone as a special exception. Mr. Quesenberry advised that the petitioners feel, given the larger parcels, that they should be allowed to keep horses and ponies for their personal enjoyment and “maintenance of the land”. He advised that the Planning Commission reviewed the request and recommended that an amendment to the R-1 zoning district regulations be made, allowing horses and ponies in the district as a special exception, provided there was a two (2) acre minimum fenced area with the number of horses determined by the acreage minus 1. Stables or barns are to observe a 100 foot setback. Mr. Quesenberry added that the Ordinance Committee also reviewed the request and recommended to Council that the amendment as proposed by the Planning Commission be approved. Departmental comments were positive. He advised that a fax had been received from Dee Dee Edwards, speaking as the petitioner and also as a realtor, supporting the request. The Public Hearing was opened at 7:23 p.m. Joel Burchett addressed Council speaking in favor of the request. He opined that the Planning Commission had included adequate restrictions in their recommendation to Council. Mayor Stewart requested that the fax from Mrs. Edwards be included in the official Council minutes. There being no further comments, the hearing closed at 7:26 p.m. The next Public Hearing was on orientation requirements for corner lots in residential zones. Mr. Quesenberry advised that the Planning Commission had reviewed the request and recommended the removal of any orientation requirements for structures on corner lots in any residential zone. Mayor Stewart opened the Public Hearing at 7:29 p.m. There being no comments, the Hearing was closed. The final item under Public Hearings was a request to modify all setbacks to 10 feet. Mr. Quesenberry advised that the Planning Commission had reviewed the request and recommended that the setbacks in any residential zone be ten (10) feet from any lot line. The Commission further clarified that setbacks and the minimum distance for accessory structures be eliminated. Mayor Stewart opened the Public Hearing at 7:35 p.m. George Kelly addressed Council opposing the change. He opined that changing the minimum setbacks for homes could become a problem, as homes with 10 foot setbacks sitting beside homes with 25 foot setbacks could be an eyesore. There being no further comments, the Public Hearing closed. The next item on the agenda was the Consent Agenda. Councilman Black moved to adopt the Consent Agenda consisting of the Council minutes of November 11, 2003, seconded by Councilwoman Mitchell and carried on voice vote. The Mayor turned to the Committee reports. Finance Committee Chairman Worrell advised that the Committee met prior to the Council meeting and discussed the feasibility of accepting credit card payments for water and tax bills; the possibility of creating an IT department in the Town; and the PFRWTA debt service. The Committee: Recommended that Council approve an appropriation of $5,000 from the Economic Development Programs line item to join with the County, to develop a plan to bring affordable broad band technology to Pulaski. The County will give $10,000 for this project. The motion 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. - Absent Pauline G. Mitchell - Aye Chairman Worrell continued that regarding the Town’s acceptance of credit cards for payment of water bills and taxes, the Committee directed staff to get a copy of Official Payments standard contract for the Committee’s review. Next, Councilman Black moved to direct the Town Attorney to prepare an Ordinance closing Hickory Street connecting 2nd Street and 3rd Street, seconded by Councilwoman Mitchell 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. - Absent Pauline G. Mitchell - Aye Ordinance Committee Chairman advised that the Committee met and discussed recommendations concerning amendments to the zoning ordinance. Regarding the amendment to the R-1 district to permit the keeping of horses and ponies as a special exception, the Committee recommended that Council direct the Town Attorney to prepare the proper documentation approving this amendment with the following provisions: That horses and ponies be allowed in the R-1 District as a special exception. That there must be a minimum area of two acres for an animal to be kept. That the area where the animal is kept must be fenced. The number of animals allowed is determined by the acreage of the site minus one. That structures for keeping the animals have 100-foot setbacks from rear or side lot lines. The motion 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. - Absent Pauline G. Mitchell - Aye Chairman Black advised that the Committee discussed the proposed amendment regarding placement of a structure on a corner lot and recommended that Council refer it back to the Planning Commission for further review. The Town Attorney was asked to review whether an Ordinance was required to refer this issue back to the Planning Commission 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. - Absent Pauline G. Mitchell - Aye Chairman Black continued that the Committee also discussed a proposed amendment for setbacks and recommended that the issue be referred back to the Planning Commission for its consideration of setbacks for the residential districts as shown below: District Minimum Front Setback Minimum Side Setback Minimum Rear Setback R-1 35 feet from r-o-w 12 feet 25 feet R-2 35 feet from r-o-w 12 feet 25 feet RR 35 feet from r-o-w 12 feet 25 feet R-3 25 feet from r-o-w 5 feet 25 feet R-4 25 feet from r-o-w 5 feet 25 feet R-5 25 feet from r-o-w 5 feet 25 feet. The Town Attorney was asked to review whether an Ordinance was required to refer this issue back to the Planning Commission, 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. - Absent Pauline G. Mitchell - Aye The next item on the agenda was the Planning Commission report. Mayor Stewart advised that the issues discussed at the Planning Commission meeting had already been addressed and that he had no further report. In Chairwoman Steger’s absence, Mr. Hawley gave a Human Resources Committee report. He advised that the Committee discussed moving the Data Processing Office from the Finance Department to the Town Manager’s office since the work done by Data Processing is Town-wide in scope and recommended that Council approve this action. Councilman Black moved that the Town Attorney review the requirements to move the Data Processing Department under the Town Manager’s office and facilitate the change, 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. - Absent Pauline G. Mitchell - Aye Mr. Hawley continued that the Committee learned that an alternate needed to be named for the Town’s position on the REMSI board and recommended that Council appoint Dr. Kenneth M. Fleenor to the position. The motion carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Absent Kenneth M. Fleenor - Abstain John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye Mr. Hawley continued that the Human Resource Committee also discussed a proposal by the Employee Committee regarding vacation time for employees with twenty five plus years of service. The Committee recommended that Council approve the proposal that employees with 25 or more years of service be allowed to earn two extra vacation hours per month. The motion 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. - Absent Pauline G. Mitchell - Aye Mr. Hawley advised that the Committee also discussed the need for appointments to the New River Valley Development Corporation and directed staff to publish an article alerting citizens who might be interested in serving to submit their names. The Committee also instructed staff to prepare an article concerning the types of aid available to people wanting to start a business in the Town. Safety Committee Chairman Fleenor then gave his report, advising that the repairs to the fire department’s aerial unit were complete at a cost of approximately $3,000; learned that delivery of the new pumper was expected within the next 45 days; learned that the late delivery fees of the pumper could be applied to repairs on the aerial unit; and discussed a proposed salary adjustment for members of the Police Department of the rank of Corporal or above. Staff was instructed to prepare more data on costs of potential salary adjustments and their impact on both the current and next year’s budgets. Additionally, the Committee learned that Fire Marshal Chip Hutchinson had graduated from the Police Powers School and was granted full police powers in his capacity as Fire Marshal. During his report, Mayor Stewart advised that a Resolution was needed to allow the staff to enforce the new dilapidated structures and nuisance requirements. Councilman Bolen moved to direct the Town Attorney to prepare a Resolution allowing the Town staff to enforce the new dilapidated structures and nuisance requirements, 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. - Absent Pauline G. Mitchell - Aye Next, the Town Attorney gave a projects update including work on legal cases; preparation and research of Ordinances; and review of a contract, among other items. Mr. Hawley gave the Town Manager’s update including that the aerial truck is back in service; ongoing work on FEMA pre-application grant; work on transportation grant; revitalization planning grant work; departmental review of effects of Renfro closing and that Warden Springs sewer line improvements have begun. The next item on the agenda was Old Business. Councilman Fleenor moved to adopt Ordinance 2003-22, granting a special exception of a monopole cellular tower, 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. - Absent Pauline G. Mitchell - Aye The next item under Old Business was PFRWTA additional debt service. Mr. Hawley advised that per the Finance Committee directions, the Town requested and received the $10,000 O&M reserve fund to apply to the debt service. Additionally, staff has been working with the PFRWTA on the O&M costs at the two major pump stations, which resulted in a significant reduction in the monthly charge. Staff believes it can cover most of the additional debt service with these savings and recommended that the Town not ask the Authority to front the debt service at this time. The final item under Old Business was Ordinance 2003-23. Councilman Fleenor moved to adopt Ordinance 2003-23, An Ordinance to contract for Town Personnel policy, 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. - Absent Pauline G. Mitchell - Aye Under New Business, Councilman Fleenor moved to reappoint James M. Neblett, Jr. to the Peppers Ferry Raw Water Treatment Authority, 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. - Absent Pauline G. Mitchell - Aye There being no further business, the meeting adjourned at 8:16 on a motion by Councilman Fleenor, seconded by Councilman Black and carried on voice vote.