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HomeMy WebLinkAbout09-07-04Minutes of the regular Town Council meeting held September 7, 2004 in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council: Jeffrey S. Worrell, Dan Talbert, Jr., Bettye H. Steger, Lane R. Penn, John T. Bolen, Joel B. Burchett, Jr. Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Randolph D. Eley, Jr., Town Attorney John White, Economic Development Director Sherry Boyd, Finance Director Gary Roche, Police Chief Patricia Cruise, Clerk of Council Others: Roger Hurd Carol Wade Ilesh Padalia Huai Patodia Mike Patel Nancy Jones David Kirby John Martin David Allen Randy Frye Jennifer White Jeffrey Stout Claude Newman JoBeth Wampler, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilwoman Steger led the Pledge of Allegiance and Pastor Randy Frye gave the Invocation. Following roll call, Mayor Wade advised that there were two Resolutions to present to two citizens. He read aloud Resolution 2004-29, Honoring David Allen, and presented it to him. Mr. Allen thanked the Mayor and Council for the honor and advised that he intended to continue his service to the Town. Mayor Wade then read aloud Resolution 2004-30, Honoring Ilu Padalia and presented it to him. The next item on the agenda was Public Hearings. Mayor Wade advised that the first Public Hearing was regarding the BPOL tax reduction. Mayor Wade advised that the intent was to reduce the first $50,000 of gross income in those businesses that require a business license. He opened the Public Hearing. There being no comments from the Public, he closed the Public Hearing. Councilman Bolen stated that he did not feel that much would be accomplished with this Ordinance. He advised that there was no intent to reduce the budget by the amount that the taxes would cost. He felt that the cost will be laid on the backs of the homeowners and he did not feel that it was fair to take it off the businesses and drop it on the homeowners. He asked that Council consider amending the Ordinance to reduce the budget by the amount of the tax loss. Mayor Wade commented that the intent of the Ordinance is to not only help those small businesses that are currently in Town, but to encourage entrepreneurs to open up businesses. In return, this would help the economy in the Town. He added that there was no guarantee that this would work, but that something needed to be tried. He related that another manufacturing business in southwest Virginia had just closed. Something had to be done to revitalize the Town besides the block grants. Councilman Penn moved to adopt Ordinance 2004-24, Amending §22-39(b) of the Town of Pulaski, Virginia Code of Ordinances, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next Public Hearing was on the Nextel lease. Mayor Wade advised that this Ordinance had to do with the purchase of three parcels of land owned by the Stevens Funeral Home, to install the Nextel tower and the adoption of the Nextel lease. He opened the Public Hearing for discussion from the public. There being no comments, the Hearing was closed. Councilwoman Steger moved to adopt Ordinance 2004-27, authorizing the purchase of three (3) parcels of land from Randolph Avenue, L.L.C. and lease of parcels to Nextel, Inc., seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Public Hearing for the airport land transfer. He advised that when the N. R. Airport Commission began, the regional governments were asked to contribute money into a pool to buy approximately 400 acres of land. Recently, the Commission asked that the land be conveyed to them. Ordinance 2004-28 accomplishes that. He opened the Public Hearing for comments from the public. There being no comments, the Hearing was closed. Councilman Talbert moved to adopt Ordinance 2004-28, authorizing the execution of deed conveying land to the New River Valley Airport Commission, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next Public Hearing was in regard to parking for home occupations. Mayor Wade advised that in regard to parking for home occupations, the Planning Commission, following its review, recommended that all vehicles be parked off street either in the driveway or in a garage. Additionally, the Commission set the weight limit for vehicles parked at home that are used in home occupations at 6,000 pounds. Mr. Eley pointed out that the Planning Commission recommended that the vehicle weight be 6,000 pounds, but after a suggestion from a citizen and some further research, staff recommended that the weight limit be amended to 12,500 pounds. Mayor Wade pointed out that this recommendation was made to accommodate the larger vehicles that are in use in this day and age. Councilman Bolen expressed concern that the 12,500 pound limit would also allow delivery trucks with large beds on them. He advised that he had spoken with Mr. Quesenberry about the subject and requested that Mr. Quesenberry summarize the facts that he discovered in his research. Mr. Quesenberry summarized the data that he reviewed to arrive at the 12,500 pound limit recommended by staff. He advised that if Council were concerned with the 12,500 pound limit, they could remand it back to the Planning Commission and staff could research the weights of different delivery vehicles and allow the Planning Commission to review them for recommendation. Mayor Wade opened the Public Hearing for comments from the public. There being no comments, the Hearing was closed. Councilman Bolen moved to transfer this discussion to a Work Session and review better information as to what type vehicles would be within the 12,500 pound limit. Councilman Talbert commented that his average ½ ton pickup truck would not have passed the original 6,000 pound weight rule recommended by the Planning Commission. He inquired whether the amended weight would go deeper than what is allowed today? Mr. Hawley replied that this rule would be specific to home occupations. Conceivably, there could be a vehicle weighing over 12,500 pounds in a private driveway and next to it, where a home occupation was located, the same vehicle would not be allowed. Discussion continued over the concern that a vehicle owned by a private citizen could be parked in their driveway today and tomorrow, that citizen could open a home business and not be allowed to park the same vehicle in their driveway. Councilman Bolen reiterated that in his opinion, further descriptions or conditions were needed to go with the 12,500 pound limit and he reiterated his request that it go to a Work Session for further work. Councilman Penn thought that Council was trying to get too technical. He opined that Council should adopt the Ordinance as written and if a problem arose, they could review it again. Mayor Wade asked for a second for Councilman Bolens’ motion. There being no second, the motion failed. Councilman Worrell moved to adopt Ordinance 2004-29, with the 12,500 pound limit, amending parking requirements for home occupations, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - No John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - No Mayor Wade - Aye The final Public Hearing was in regard to a special exception for a machine shop. Mayor Wade advised that the Planning Commission recommended that the request be granted with the following conditions: That the hours of operation be between 8 a.m. until 9 p.m. That off street parking be provided. That any storage be in the rear of the structure of the machine shop. Mayor Wade opened the Hearing for public comment. Nancy Jones addressed Council advising that she lived directly in front of the building. She inquired how the operation would function? She advised of a history of tenants not taking care of the lot and the building and expressed concern with the parking arrangements. Mr. Roger Hurd, the applicant, responded that his plans are for a small machine shop. He advised that he did not plan to use the current building, but build a new steel building. He advised that he planned to remove the tank that was on the lot and to improve the look of the lot. In regard to parking, he advised that delivery trucks will unload, but not park in the area. He asked that Council extend the hours of operation to include 6 a.m. to midnight. He expressed hope that his business would grow and this would enable him to hire a second shift if necessary without having to come back to Council to extend the hours. Following discussion from Council regarding the noise level of the business, Councilman Talbert moved to adopt Ordinance 2004-30, Special Exception for a Machine Shop, amending the allowed hours of operation to 6 a.m. to 12 p.m., seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Public Comment period. John Martin addressed Council lamenting the loss of the two N&W steam engines. He encouraged citizens to unite to try to get at least one back and offered his assistance with the project. The next item on the agenda was the Consent Agenda. Councilman Penn moved to adopt the Consent Agenda, consisting of the minutes of the August 3, 2004 Council meeting, seconded by Councilman Talbert and carried on voice vote. Mayor Wade moved on to Project Updates. Mr. Hawley summarized the progress on extending the New River Trail including letters that had been written and the submission of permits. Councilman Bolen advised that the current maps distributed to Trail walkers do not show the Pulaski extension. He suggested that preliminary work begin to add the Pulaski extension to the maps when it is complete. Mr. Hawley advised that he would work on that project. Additionally, he stated that the Parks and Recreation department was designing a flyer showing the in-Town trails and the ones at Gatewood. Councilman Bolen verified that the intent of the Town was to donate the Pulaski section of the Trail to the State? Mr. Hawley advised that the Ordinance that was adopted in 2002 indicated that the Town would offer to donate the Pulaski section of the Trail to the State Park. Mr. Hawley moved on to the second item under Project Updates: P.A.T. (Pulaski Area Transit). He referenced two pages of logos included in the packet for Council’s review, stating that the decision for the logos had been narrowed down to two logos. Additionally, he advised that the intent is to run a “fixed-deviated” route with designated stopping points. The driver would be allowed to deviate from the route up to ¾ of a mile to pick up someone that, for instance, had called and cannot get to the stop; or if a rider asks to be delivered to their home or another destination. The next item on the agenda was CDBG – Downtown Revitalization. John White, Economic Development Director, advised that the stakeholders of Pulaski’s Downtown Improvement Grant met with Todd Christensen DHDC’s Associate Director to conduct a Contract Negotiation meeting. Mr. White advised that Mr. Christensen summarized the items that Town Council, Town staff and the various committees associated with the Improvement Grant must do. He emphasized that the deadline for completion of all of the pre-contractual activities is November 23, 2004. Mr. Hawley asked Councilman Penn if he would be willing to serve on the Rehab Board in the elected official’s position required by DHCD as well as on the Management Team. Councilman Penn agreed. Mr. Hawley moved on to MacGill Skateboard Park. He advised that the dividing fence had been ordered. He added that a meeting was scheduled for Saturday, September 11 at the Train Station for interested skateboarders and their parents. Additionally, he advised that the Mayor had sent a letter to Pulaski County and to the Town of Dublin to determine their interest in the project. Next, Mr. Hawley discussed the Pulaskifest. He advised that the skateboarders planned to give a demonstration during the festival. He summarized some of the activities that Town staff will participate in during the festival. The next item was the Pulaski Business Park. Mr. Hawley reviewed some of the pictures that were distributed to Council of the storm water management ponds at the Park. He advised that the first pond is being built by Gregory and Payne, the second will be built by the Town and both are proceeding very well. Mr. Hawley also advised that the Engineering Department is working with VDOT on the Industrial Access Road, the right of way has been surveyed by Anderson and Associates. The final item under Project Updates was the legal update. Mr. Eley highlighted the projects that he had been working on, which included work on contracts, deeds, and the delivery of all paperwork to Payne and Gregory’s attorney’s. Additionally, Mr. Eley advised that a court date had been set for the dilapidated structures and summarized some other work. Mayor Wade moved on to Old Business. He advised that at the last Work Session, Council had been given a list of future projects to review and prioritize for this meeting. He advised that Mr. Hawley had removed Hogan’s Dam from the list because the Town is anticipating getting federal and or state funding for that project. Mr. Hawley advised that a request for appropriation for Hogan’s Dam had been made and that it will be considered in the upcoming session in 2005. If the appropriation is not awarded, then staff can apply to the Virginia Revolving Loan Fund for Drinking Water and borrow the money from them, thereby keeping the accounting in the water fund. Mayor Wade summarized that Council needed to decide whether they were interested in funding any of the projects, or all of the projects and if they decide to fund them, what priority would be placed on them. Mr. Hawley advised that if Council decided to go forward with the bond issue, the paperwork would have to be submitted to the Virginia Municipal League by October 1, 2004. Mayor Wade asked for Council’s thoughts on the topic. Following discussion, the consensus of Council was to hold a special Work Session to discuss these projects. The meeting was scheduled for September 14, 2004. Mayor Wade moved on to New Business. The first item was due dates for utility bills. Mr. Hawley advised that the Town received a request to change the due date for the utility bills due to the receipt date for social security checks. He advised that the Finance Department researched the issue and determined that retirees receive their social security checks based on their birth date. Based on that fact, moving the due date for water bills would affect some part of the citizens. Staff recommended not changing the due date. He advised that staff tries to work with citizens with billing problems. Mayor Wade requested that staff place an article in the paper notifying citizens that staff will try to work with them if they have a problem during the transition time in receiving their social security checks. Mayor Wade moved on to Assistant Fire Chief position. Mr. Hawley advised that the Fire Chief feels that he needs an Assistant Fire Chief. He asked Chief Webb to elaborate. Chief Webb advised that there was currently no one trained in the fire department that could take over for him if he were sick or incapacitated. He would like the new position to be trained in payroll and record keeping that the Chief is responsible for. Additionally, it would free the Chief to pursue more grant money and work on necessary projects. He stressed that the position would be filled by someone already on staff. They would remain on their 24 hour work shift, but could be called on to work some eight hour shifts in the Chief’s absence. Mr. Hawley reminded Council that the Director of Parks and Facilities position and the Engineering Department Manager’s position had never formally been adopted. He asked Council to direct the Town Attorney to prepare the proper documents to create all three positions. Following discussion, Councilwoman Steger moved to direct the Town Attorney to prepare the documentation to create the Assistant Fire Chief position, the Director of Parks and Facilities position and the Engineering Department Manager’s position, seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was the Richardson Foundation grant. Mr. Hawley advised that the intent was to apply for a C. E. Richardson Foundation grant for preservation of photographic pictures at the Raymond F. Ratcliffe Museum. He added that staff has learned that a grant can be applied for $10,000. He inquired if Council would like staff to request that the entire amount be awarded for the pictures or if they would like the grant to be split between the Museum and the Skate Park? Following discussion, Councilwoman Steger moved to direct staff to apply for the full $10,000 grant to be awarded for the preservation of the photographic pictures and the Museum, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the voting delegate to VML. Mr. Hawley advised that a voting delegate must be appointed to VML. As Mr. Quesenberry was the only person attending the convention from the Town, he requested that Mr. Quesenberry be appointed to serve in the Mayor’s place. Councilman Penn moved to appoint David Quesenberry as voting delegate to VML, seconded by Councilwoman Steger and carried on voice vote. At 8:40 p.m., there being no further business, the meeting adjourned on motion by Councilman Penn, seconded by Councilman Talbert and carried on voice vote.