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HomeMy WebLinkAbout02-03-2004Minutes of the Town Council meeting held February 3, 2004 at 7:00 p.m. in the Council meeting room. There were present: Charles W. Stewart, Jr., Mayor Council Members: 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 Sherry Boyd, Finance Director Gary Roche, Police Chief Bill Pedigo, Town Engineer Terry Nester, Engineering Dept. John White, Economic Development Director Dave Hart, Parks and Facilities Director David Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Others: Caitlin Redding Miriam Pohlig Jessie Poore Karen Hill Albert Hill Roy D. Warburton E. W. Harless Buck Blevins J. R. Schrader E. R. Barr Gary Heinline Jeffrey Stout Jennifer White Nick Cole Jason Dunovant, Press Don Simmons, Jr., Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilwoman Mitchell led the Pledge of Allegiance and Councilman Black gave the Invocation. Following roll call, Mayor Stewart welcomed the guests and visitors. Mayor Stewart amended the agenda to discuss items 8d and 8e before items 8a, b, and c. Councilman Neblett moved to adopt the Certification Resolution for the Closed Session held prior to the Council meeting under Virginia Code 2.2-3711 (A-7), consult with legal Counsel, 2 items, 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 Mayor Stewart moved on to Resolution 2004-03, a Resolution of Appreciation to Dr. John B. White. Councilman Bolen moved to adopt Resolution 2004-03, 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 read the Resolution aloud and congratulated Mr. White. Mr. White accepted the Resolution on behalf of all of the employees of the Town who supported him in his work and recognized Town citizen Bill Warden for his assistance as well. Next, Mayor Stewart addressed Resolution 2004-04, honoring Roy David Warburton for twenty four years service to the Town of Pulaski. Councilman Black moved to adopt Resolution 2004-04, 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 read the Resolution aloud and congratulated Mr. Warburton. Next, Mayor Stewart moved on to the Annual Reports. Councilman Black moved to accept the Planning Commission Annual Report, 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 Councilman Black moved to accept the Board of Zoning Appeals Annual Report, 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 Councilwoman Steger moved to accept the Architectural Review Board Annual Report, 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. Mr. E. W. Harless addressed Council regarding the train whistles in Town. He advised that he understood that the Town was researching an avenue to prohibit Norfolk Southern from blowing their whistle within the Town limits. He spoke against this proposal, commenting that he would much rather hear the whistle than have to see a person killed because they weren’t paying attention and didn’t see the train. Additionally, he commented that he thought that the name of the new elementary school being built by the County within the Town limits should be called Pulaski Elementary School. Mayor Stewart thanked Mr. Harless and moved on to the Consent Agenda. Councilman Fleenor moved to adopt the consent agenda consisting of the January 6, 2004 Council minutes, seconded by Councilwoman Steger and carried on voice vote. Council moved on to Committee Reports. Finance Committee Chairman Worrell advised that the Committee met on two occasions with the following action taken: Discussed a request for raises for the Police Department. The Committee recommended that Council approve the request. Councilman Bolen commented that during the discussion of the Police Department raises during that Finance Committee meeting, the Town Manager had recommended that the request be reviewed during the budget process. He added that with the recent plant closing, and store closing, that he would prefer to take a more cautious route and discuss the raises during the budget process. Councilwoman Steger asked Police Chief Roche which positions received the original raises in 2001? Chief Roche advised that the idea was to raise the starting pay for the department. Therefore, the majority of the funds were given to the entry level and lower positions. The remainder of the funding was given to the higher level personnel in the department. Councilwoman Steger inquired whether the raises would increase his budget for next year? Chief Roche answered that the monies for the raises would be taken from a position that had not been filled and would not be filled at least through the 2004-2005 budget year. He added that it actually reduced his budget by approximately $4,000. There being no further comments, the motion passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Finance Committee Chairman Worrell advised that the Committee also discussed a contract with URS, a cost management company. The company offered to do an in depth analysis of the last twelve months billings, evaluate equipment and feature charges and ferret out errors on local bills and make recommendations for future savings. If the company finds no errors, there would be no charge to the Town. If they do find errors, the company receives ½ of one years savings as payment. The Committee recommended that Council allow staff to contract with URS. Mayor Stewart commented that in the past he had asked Council to form an Information Technology Department. He advised that this work appeared to him to fit precisely into the work that would be done by an Information Technology Department. Mr. Eley, Town Attorney advised that he had been given the contract to review. He inquired whether the motion was to bring the contract back to the Council for adoption? Mayor Stewart responded that the motion was to allow administration to execute the contract. Mr. Eley responded that he had just received the document and therefore had not reviewed it yet. Councilwoman Mitchell made a substitute motion to direct the Town Attorney to review the contract and return to Council, 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 Chairman Worrell continued that the Committee also discussed forming an Information Technology department. Following discussion the consensus of the Committee was for staff to continue to work on the project. Mr. Worrell advised that the Committee discussed the progress that staff had made regarding exploring joint tax collection with the County. The Committee directed staff to continue the research and meet with the County and report back with the possible start up costs to implement the program. There would be some software costs involved to make the two systems compatible. Chairman Worrell continued that the Committee also discussed Gov-Deals surplus sales. Gov-Deals is a program that provides online auctions of government surplus and confiscated items to governments in thirteen states. Following discussion, the recommendation to Council was that staff be allowed to complete the application process with Gov-Deals. The 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 Chairman Worrell also advised that the Committee reviewed the Enterprise Funds update. It was noted that the first six months total for water and sewer fund revenues and expenditures for the 03/04 budget year were very close to budgeted amounts at the end of December. However, with the loss of revenue from Cintas and Renfro, the remainder of the budget year will not be on target. Preliminary projections for the 04/05 budget indicate that both funds will require a rate increase to continue to operate and there may be rate increases needed in the fourth quarter of this year. Chairman Worrell stated that after a Closed Session under 2.2-3711, Discussion or consideration of assignment, appointment, promotion of specific employees, the Finance Committee recommended that Council approve changes in supervision of Public Works and Engineering Departments as follows: Mr. Pedigo will supervise the Public Works department, with no title change, but receive a salary adjustment. Terry Nester will oversee the Water Filtration Plant and be given a title change of Assistant Town Engineer with a salary adjustment. Keri Vass will be given more management of the day to day Engineering Department operation and also the training of the new entry level position, with a title change to Engineering Tech II/Engineering Department Manager and a salary adjustment. Councilman Worrell then commented that he agreed with comments that Councilman Bolen had made earlier in the meeting that a critical budget year was coming up. However, he opined that if you have an underpaid, poorly motivated employee, you receive poor quality and quantity of work. Councilwoman Mitchell commented that she felt that these raises should be considered in the budget sessions and then give the raises at the beginning of the 2004-2005 budget. The motion then passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Chairman Worrell continued that the Finance Committee also had a Closed Session under 2.2-3711 (A-7), Consult with legal counsel, two items, with no action taken. Additionally, Chairman Worrell advised that the Committee also discussed a request from the New River Valley Agency on Aging for an additional appropriation. The consensus of the Committee was that the funding is not available at this time, but the request is to be included in the 04/05 budget discussions. Councilwoman Mitchell advised that Mr. Heinline, of NRV Senior Services, was to make a presentation later in the meeting and had a suggestion to make to Council regarding the Agency on Aging request at that time. Next, Utilities Committee Chairman Bolen advised that the Committee met and discussed and reviewed the modification of the Operation and Maintenance (O&M) agreement with Peppers Ferry Regional Wastewater Treatment Authority. This agreement eliminates the need of maintaining the O&M reserve fund, which saves the Town money. The Committee recommended that Council adopt the revised O&M agreement. The motion passed 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 Chairman Bolen continued that the Committee also discussed the preliminary engineering report for water and sewer service to the Commerce Park. The Committee was to be given an update after review by staff. Chairman Bolen added that the Engineering staff reviewed the effect of changing to one twelve-hour shift at the Water Treatment Plant. The staff was asked to provide an analysis comparing the costs of the Town providing water with a 12-hour shift, and the Town providing water for 8 hours with the remaining 4 hours being purchased from the County. Next, Mayor Stewart advised that the Planning Commission met for a work session to review the general addendum to the Comprehensive Plan. The Commission proposed that a joint work session with the Town Council be held on February 9, 2004 to discuss the plan. Mayor Stewart encouraged Council’s attendance. Mayor Stewart also advised that the Commission elected its officers for 2004, with Katy Kirk as Chairperson and Charles Stafford as Vice-Chairman. Mayor Stewart continued that the Commission also held a public hearing on setbacks and regulations for corner lots. They did not approve Council’s setback recommendations, and reiterated the Commission’s previous recommendation. Additionally, the Commission held a public session regarding placement of structures on a corner lot. They did not approve Council’s recommendation and reiterated the Commission’s previous recommendation. Mayor Stewart also advised that the Commission reviewed the Commission’s Annual Report for 2003, which was approved and forwarded to Council. Next, Human Resources Committee Chairwoman Steger advised that the Committee met and recommended that Council make the following appointments: Board of Zoning Appeals: Gale Grantham from Alternate to full member (After Court approval) Kathy Sealander be appointed as Alternate Planning Commission: Katy Kirk, be reappointed for another four year term Tim Klontz be appointed to replace Roy David Warburton Cemetery Committee: H. W. Huff, Jr. be reappointed Harold Lambert to replace James Robertson The motion was approved 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 Chairwoman Steger advised that appointments would be forthcoming for the N. R. Economic Development Corporation. Next, Randy Eley, Town Attorney gave a projects update, including work on several claims against the Town; contract with Fox Lawson and Associates for a redrafting of the Town personnel policies; the review of several leases and work on several legal cases. The Town Manager gave his projects update, including work with Pulaski County and the Town of Dublin regarding water for Commerce Park; research for a whistle blowing ordinance; research on the ownership of property on Hickory Street; and the launch of an updated web site among other items. Additionally, he advised that anyone qualifying to run for Council or Mayor could request a Council packet of each meeting if they wished. He advised that the Clerk would email the packets if possible, or provide hard copies if necessary. Mr. Hawley also advised that a Public Hearing needed to be scheduled regarding the changes in the zoning ordinance. He added that staff needed direction from Council regarding which version of the zoning ordinance to advertise: the version forwarded to Council by the Planning Commission or the version that Council returned to the Planning Commission. Mayor Stewart reminded Council that the Planning Commission forwarded a recommendation regarding the zoning ordinance to Council. Council voted to refer Planning Commission’s recommendation to the Ordinance Committee for review. The Ordinance Committee recommended some changes in the ordinance to Council. Council then voted to refer the recommendation from the Ordinance Committee back to the Planning Commission. The Planning Commission chose not to comment, but to allow Council to choose whatever course of action it wanted. Mayor Stewart suggested that Council accept the recommendation from the Ordinance Committee and schedule the Public Hearing. Councilman Black moved to adopt the recommendation of the Ordinance Committee and direct the Town Attorney to prepare the documentation, seconded by Councilman Neblett and failed on the following recorded vote: Jeffrey S. Worrell - No Bettye H. Steger - No Kenneth M. Fleenor - No John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - No Councilwoman Steger advised that she wished to make a comment on the Train Whistles in Town. She said that Pulaski is a railroad town, and in a railroad Town you will have train whistles. She asked the Town Manager whether there had been a lot of requests to have the whistles stopped? Mr. Hawley answered no. Councilwoman Steger inquired why Council was addressing the train whistles? Mr. Hawley advised that at the last Council meeting, the Mayor had requested that staff look into the situation. Staff has been compiling information for the Ordinance Committee. He had updated Council regarding the research during his Town Manager’s report and the information was for information only at this time. Mayor Stewart reiterated that at the last Council meeting, staff had been asked to research the details and return to Council with the information. Mayor Stewart moved back to the discussion of the zoning ordinance. Mayor Stewart advised that the motion from the Ordinance Committee failed and commented that Council needed to direct staff what direction to take regarding the zoning ordinance. Councilman Fleenor moved to refer the discussion of the changes in the zoning ordinance to the Ordinance Committee as a whole, seconded by Councilman Worrell and carried on voice vote. The Mayor advised that under Old Business was Resolution 2004-05 and 2004-06 regarding state transportation grant applications. The Mayor advised that the Resolution’s were in a different format than usually used by the Town and inquired whether they had been reviewed by the Town Attorney and inquired when the deadline for the application was. Mr. Eley advised that he had cursorily reviewed them and he and the Town Manager had a few questions to ask. Mr. Hawley advised that Mr. Heinline, of New River Valley Senior Services was present to answer any questions. Additionally, Mr. Hawley advised that while the Resolution’s were not in the usual Town format, they had been provided by the Virginia Department of Rails and Public Transportation. Mr. Gary Heinline, of New River Valley Senior Services, came forward to answer questions. He advised that the deadline for the applications was March 1, 2004. Additionally, he advised that the Resolution’s format was a sample Resolution provided in the grant application. Following discussion, Councilman Neblett moved to adopt Resolutions 2004-05 and 2004-06, subject to final approval of the grant by Council, 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 Mr. Heinline then addressed Council regarding the request by NRV Agency on Aging for additional funding. He advised that the Agency had a congregate meals program that picks up elderly citizens three days a week and feeds them a meal. Due to state budget cuts, the Agency had to reduce the program by one day per week. He advised that he understood the Town’s reluctance to budget additional funds at this time, but that he had a suggestion. He asked Council to consider budgeting a maximum of $2,448 to reinstate the program for three months in the Town of Pulaski. The actual amount would be determined by the actual number of Town participants. Following discussion, Councilwoman Mitchell moved to approve a maximum of $2,448 to the NRV Agency on Aging, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - No 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 New Business was Ordinance 2004-04, a Study Regarding Feasibility of Consolidation with Police and Fire Departments with the County of Pulaski. Councilman Black moved to adopt Ordinance 2004-04, seconded by Councilman Neblett. Councilwoman Steger commented that she saw no reason for an Ordinance to come before Council on this topic at this time. She opined that it was premature as the Town had not even talked to the County or the Sheriff. She advised that the Town’s budget is tight, and all kinds of options were being reviewed to address that situation. Mayor Stewart agreed with Councilwoman Steger advising that staff and Council had not even reviewed the budget yet. Councilman Fleenor commented that all the Ordinance did was to authorize staff to study the issue. Councilman Neblett commented that “if there is money out there to be saved, I think we owe it to our citizens to explore it”. Councilman Worrell commented that he did not think Town staff needed to be tied up doing this research. He opined that staff time would be better spent on any number of issues that are far more pressing than this one. He added that police statistics show that the crime rate in Town is down 17% and calls for service are down 33%, and he saw no need for Council to start meddling with something that was working that well. Councilman Black withdrew his motion to adopt Ordinance 2004-04, seconded by Councilman Neblett. Councilman Fleenor moved to adopt Ordinance 2004-04, seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - No Bettye H. Steger - No 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 Fleenor and carried.