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HomeMy WebLinkAbout04-05-05Minutes of the Town Council meeting held April 5, 2005 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council Jeffrey S. Worrell, Dan Talbert, Jr., Betty H. Steger, Lane R. Penn, John T. Bolen, Joel B. Burchett, Jr. Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney David Quesenberry, Asst. to the Town Manager John White, Economic Development Director Bill Pedigo, Town Engineer Bill Webb, Fire Chief Sherry Boyd, Finance Director Gary Roche, Police Chief Cecil “Chip” Hutchinson Patricia Cruise, Clerk of Council Others: Jack Martin, Press Dr. Rusty Whitener Nancy Strasser Bob Harman Jeff Bain Susan Bain Rev. William L. Covey, Jr. Betty Quesenberry Anthony Thomas Sandy Wyatt Henry Cook Diane Hutchinson Jeffrey Stout James Holliday Debbie Linkous Dreeme Covey Carol Wade Mayor Wade called the meeting to order at 7:00 p.m. Councilman Penn led the Pledge of Allegiance and Pastor Whitener gave the invocation. Following roll call, Councilman Penn moved to amend the agenda as follows: Move item 7a, Audit Presentation to New Business, item # 13i. Add three Closed Sessions under Virginia Code, 2.2-3711 (A-7), Consultation with legal counsel regarding possible litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. The motion was seconded by Councilwoman Steger and passed 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 announced that the March 2005 Employee of the Month was Cecil H. “Chip” Hutchinson. He read a press release, awarded Mr. Hutchinson an extra paid day off from work and congratulated Mr. Hutchinson. Mayor Wade moved on to the Public Hearings. The first hearing was on land transfer with Ercel Rhudy. Mr. Hawley advised that Council was to consider the transfer approximately fifty acres of land, located at Warden Springs from the Town of Pulaski, to Ercell R. Rhudy, Susan R. Bain exercising power of attorney for the same, in exchange for the transfer of twenty five acres by Ercell R. Rhudy owner to the Town. The purpose of the proposed land transfer was to add approximately twenty five acres of industrial land that is adjacent to the Pulaski Business Park. Mayor Wade opened the Public Hearing at 7:08 p.m. There being no comments, the hearing was closed. Mayor Wade moved on to the second Public Hearing. Mr. Hawley advised that the Public Hearing had been scheduled to discuss the lease of space in the Maple Shade Shopping Center to Anthony D. Thomas and APATGroup, L.L. C. Mayor Wade opened the Public Hearing at 7:10 p.m. Mr. Thomas addressed Council, complimenting the Public Works Department and specifically, Ron Cole and Jerry Crowder, for their assistance in some upgrading of the space he wished to lease. The Public Hearing was closed at 7:25 p.m. Mayor Wade inquired into some of the specifics of the lease. Following discussion, the consensus was for the Town Manager to design a lease format for Council’s review at the May 2005 Work Session. The next Public Hearing was for a lease with Old Virginia Textiles. Mr. Hawley advised that Robert W. Harman wished to lease space in the Maple Shade Shopping Center to locate Old Virginia Textiles Museum, Inc., and Colonial Coverlet, L.L.C. A Public Hearing was required by law. Mayor Wade opened the Public Hearing at 7:26 p.m. In response to a question from Council, Mr. Harman advised that he hoped to be able to move into the space in approximately two weeks, with the amount of time guided by renovations to be completed. There being no further comments, the hearing was closed. Mayor Wade moved on to the Comprehensive Plan update. Mr. Quesenberry advised that the Comprehensive Plan had been reviewed by the Planning Commission and recommendations for the update were included in the packet. Planning Commission Resolution 2005-01 itemized those recommended changes. The majority of the changes were to the Town’s demographic narrative; goals and objectives for each section of the current plan; and the addition of opportunity areas and new maps as recommended by the Commission. Mayor Wade opened the Public Hearing at 7:30 p.m. There being no comments, the Hearing was closed. The next Public Hearing was in regard to flood overlay districts. Mr. Quesenberry advised that the purpose of creating a Flood Overlay District was to conform with the minimum requirements of the National Flood Insurance Program (NFIP) by adding a Flood Overlay District into the zoning regulations. The Department of Conservation and Recreation specified that the amendments were a zoning provision only. He advised that the Planning Commission had reviewed the draft ordinance and recommended to Council that the flood district be adopted. Mayor Wade opened the Public Hearing at 7:32 p.m. There being no comments, the Hearing was closed. The final Public Hearing was on a bond issue. Mr. Hawley advised that in order to find the best alternative to finance the grading at the Business Park, staff proposed the issuance of bonds. The estimated maximum amount of the bonds was $5,000,000. A Request For Proposals has been issued to other financial institutions to provide the greatest option possible. Mayor Wade opened the Public Hearing. Nancy Strasser commented that she hoped that Council would utilize the bond money to cover exactly what the contract issue was and no other items, and if the job cost less than expected, that the taxpayers be reimbursed the funds. Mayor Wade assured Mrs. Strasser that if a bond issue is decided upon, that the money would be spent for this particular single project. Additionally, he advised that the Town has a AAA bond rating. Mr. Hawley advised that taxes from the Hardie building, land, and machinery and tools would cover the debt service on the bonds. He added that there were additional funds available as well. There being no further comments, the Hearing was closed. The next item on the agenda was the Public Comment period. Reverend W. L. Covey addressed Council regarding an alley in front of his home on Peakland Road. He requested that the Town asphalt the alley. Additionally, Reverend Covey advised that he was having difficulty with his personal property tax. The Town Manager advised that Sherry Boyd, the Finance Director, would contact him regarding his problem and that the alley would be included in the discussion of the list of paving requests for this year. Next, Nancy Strasser addressed Council regarding the Skate Park and deer problems. Mrs. Strasser congratulated everyone involved in the development of the Skate Park including the Parks Department and the children who held fundraisers to help build the Park. She then complained of problems with deer and advised that there was definitely a problem among the folks living along Peppers Ferry Road, Memorial Drive and Lee Highway. She suggested that Council approve limited hunting, perhaps by Hunters for the Hungry, to help assuage the problem. Debbie Linkous addressed Council next regarding Gatewood Park. She complained that Council had advised the public of the direction it was taking in renovating the Park and then totally changed the plans without notifying the public. She complained that the citizens had been notified that twelve spaces were to be renovated and then staff renovated or created twenty five spots. She opined that Council had ruined the Park by destroying trees, increasing the amount of rv parking/camping spaces created, and the general lay out of the plans. She complained of inadequate camping spaces for tents, the location and topography of the proposed picnic area, and a lack of play areas for children. She accused the Mayor of single handedly changing the plans and asked for an explanation from him. Mayor Wade denied calling for the changes. He inquired whether any new campsites had been added to the Park? Mr. Hawley advised that staff began by renovating the existing camp spaces. He added that the camp sites had been renovated to handle either a tent or a camper. Following extensive discussion, Ms. Linkous was invited to the next Council Work Session to further discuss the topic. Mr. Hawley inquired whether Council wanted him to stop work on the Park. He advised that he did not wish to spend further money working on the project, if he was going to be directed to tear out the work. Mayor Wade responded that he did not know what could be torn out. The camp sites are wider than they were before, and longer, and a concrete pad will be poured. He reiterated that tents could camp on the new sites as well. Following more extensive discussion, Ms. Linkous was advised that staff would contact her with the date of the next work session so that she could attend. Mayor Wade moved on to the Consent Agenda. Councilman Bolen moved to adopt the Consent Agenda consisting of the March 1 and 24, 2005 Council minutes as written, seconded by Councilwoman Steger and carried on voice vote. The next item on the agenda was Project Updates. Dave Hart, Parks and Facilities Director, addressed Council advising that attendance has been good at the Skate Park. He advised that the bleachers are due to be installed and a gate and some signs are to be installed in the park area. Mr. Hawley added that at one time staff had stated that they would have the site plan for the picnic shelters, play ground, parking and other things at MacGill Park by the first of May. He advised that those plans had been put on hold while staff works on Gatewood Park and other projects. Mayor Wade commented that the money that was allocated was to build the shelter as well. He inquired whether the money was still available to complete that project? Mr. Hart advised that the money is still available. Staff had just temporarily shifted their focus to Gatewood and other projects. Discussion ensued regarding scheduling a ribbon cutting at MacGill Park. Staff was advised to ask Sally Bush to organize a meeting with the skaters to schedule a ribbon cutting. Mr. Hart moved on to an update on Gatewood. He advised that the sewer line work is complete, and approximately 75% of the grading is complete. Regarding comments made earlier in the meeting, he reiterated that there is no Town policy prohibiting someone from putting a tent or any type of vehicle on the water area. He commented that the site looks like a construction site at this time, not a Park and that some of the landscape has been changed. He apologized for the change, but assured Council that the end result will look nice and be an improvement of the Park. He added that the boating and picnicking side was now open and some boat only access camp sites are open as well. Councilman Worrell inquired where the picnic shelter would be installed? Mr. Hart advised that he felt that the best place for a large shelter was on the knoll, just before you go down the hill on the left hand side as you enter the Park. The site had to be large enough to hold 50 to 75 people and the necessary parking. Additionally, individual picnic tables could be placed in other areas of the Park. The next item on the agenda was an update on the Maple Shade. Mr. Hawley advised that staff hoped to complete the interior work by Friday so that Mr. Harman could move in to the Maple Shade. Additionally, he advised that the Town had been approved for $138,000 additional TEA-21 money for the museum. In response to a question from the Mayor, he opined that if the Town was able to work as the general contractor, that enough money had been accumulated to begin the project. He questioned whether the entire project could be funded at this time, however, he noted that the fund raisers could begin their drive to finish the project. Mayor Wade inquired when the work would begin on the façade of the Maple Shade? Mr. Hawley responded that the work would begin after the work at Gatewood had been completed. He hoped that that would be approximately the middle of May. Mayor Wade moved on to the Burn Building. Bill Webb, the Fire Chief, advised that the Virginia Fire Services Board had increased the amount of the grant for the construction of a Burn building from $325,000 to $430,000. Next, John White, Economic Development Director, gave an update on CDBG Downtown. Mr. White showed eight storefront designs that had been shared with owners of the buildings downtown. In response to a question from the Mayor, he opined that the actual storefront work could begin on the buildings in the early fall. He added that the first of the upper floor housing renovations should begin very soon. Road improvements were next on the agenda. Mr. Hawley advised that at an earlier meeting, Council had asked staff to do a traffic study on the narrowest streets in Town. That count had been included in the packet. English Forest had the highest traffic count and staff planned to widen a one three hundred foot section of the road. Bill Pedigo, Town Engineer, advised that the street paving request list had been prepared and that he and the Town Manager hoped to review it within the next week. Mayor Wade moved on to Old Business. Mr. Hawley advised that the Adelphia Franchise Citizen Committee met and distributed the past franchise agreement and the proposed franchise agreement for review. The Committee will be distributing a questionnaire regarding the current cable service and high speed internet. The next item on the agenda was Resolution 2005-13. Councilman Worrell moved to adopt Resolution 2005-13, Authorizing a lease by and between the Town of Pulaski and Anthony D. Thomas and APATGROUP, LLC., 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 Council moved on to Resolution 2005-17. Councilwoman Steger moved to adopt Resolution 2005-17, Authorizing a lease by and between Old Virginia Textiles Museum, Inc., Colonial Coverlet, L.L.C., Robert W. Harman and the Town of Pulaski, 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 - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was “All in a Days Drive”. Mr. Hawley advised that he had reviewed a tape from last year of an ad on Channel 10 television called “All in a Days Drive”. Following the review and staff discussion, it was determined to be worthwhile and cost effective for the Town. Therefore, the Town Manager executed an agreement with Channel 10 to tape a 60 second commercial, which will run approximately 50 times from May through July of 2005. Mayor Wade advised that the magazine “Trailer Life” planned to print an article regarding camping in areas where there are major and minor league baseball teams. The article will include the Town of Pulaski. The Mayor moved on to New Business. Mr. Hawley advised that the Virginia Municipal League sent a letter requesting officials to serve on its 2005 policy committees. He asked Council to consider serving and notify the Clerk if they wished to serve. Next, Mayor Wade advised that Arbor Day is scheduled for April 8 this year. He advised that the Town had arranged to pick up some middle school students to plant some donated trees on the Trail. The next item on the agenda was Resolution 2005-16. Mr. Hawley advised that the Resolution was required for James Hardie’s application for rail access. Councilwoman Steger moved to adopt Resolution 2005-16, Resolution For Local Support of the Utilization of Industrial Access Railroad Track Funds, 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 - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item was in regard to public officials e-mail. Mr. Hawley advised that Councilman Bolen had inquired if he needed to save his Town email on his personal computer to comply with the law. Mr. Hawley researched the question and determined that any email that is sent from a Town office is automatically saved as a sent file on the server. He commented that he thinks the Town is in compliance with the Freedom of Information Act. Mayor Wade moved on to Ordinance 2005-16. Mr. Hawley commented that the Ordinance was for review only at this time, because the map was not attached. Mr. Eley advised that Council could adopt the Ordinance subject to review of the map if they wished. Councilwoman Steger moved to adopt Ordinance 2005-16, Authorizing Transfer of Lands Between Ercell R. Rhudy and the Town of Pulaski subject to review of the map, 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 item on the agenda was Ordinance 2005-17. Mr. Hawley advised that this Ordinance amended Ordinance 2000-15, and allowed churches to be exempted from the electric utility consumption tax. Councilman Penn moved to adopt Ordinance 2005-17, Amending Ordinance 2000-15, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Abstain Lane R. Penn - Aye Dan Talbert, Jr. - Abstain John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Next, Mr. Hawley advised that staff had determined that the Town/GPA can add new wooden statues of Pulaski landmarks to the Cat’s Meow line. In order to do this, the Town will need to assist GPA in becoming a “stocking dealer” for Cat’s Meow. The Town would need to front approximately $1200 to purchase the quantity required. This money would be paid back to the Town as the items are sold. Any profit can be designated for Jamestown 2007 activities at this time. Councilwoman Steger moved to authorize staff to proceed with becoming a stocking dealer for Cat’s Meow, 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 last item under New Business was the Audit presentation by Paul Pickett. Mr. Pickett summarized the Comprehensive Annual Financial Report for the Town for the year ending June 30, 2004 and advised that the Town is in good financial state. Councilwoman Steger moved to accept and adopt the audit, 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 - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Next, Councilwoman Steger moved to enter into Closed Session to discuss three items under Va. Code 2.2-3711 (A-7), Consultation with legal counsel regarding possible litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, 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 - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye At 10:05 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilwoman Steger, 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 - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Councilman Talbert moved to add Resolution 2005-18 and 2005-19 to the agenda, 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 Councilman Talbert moved to adopt Resolution 2005-18, Resolution Concurring With a Resolution of the Industrial Development Authority of Pulaski County for the Guarantee of a Loan for Magnox and the Repayment of Financing for James Hardie Building Products, Inc. or Facilities to Be Located in the Town of Pulaski. The motion was seconded by Councilwoman Steger 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 Councilwoman Steger moved to adopt Resolution 2005-19, Authorizing Town Manager to Apply for Financing For Site Development, 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 Following discussion, Council agreed to hold the next Council Work Session on Wednesday, April 20, 2005 at 5:30 p.m. There being no further business, Councilwoman Steger moved to adjourn, seconded by Councilman Penn and carried on voice vote.