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HomeMy WebLinkAbout05-03-05Minutes of the Town Council meeting held Tuesday, May 3 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., Bettye 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 Sherry Boyd, Finance Director Gary Roche, Police Chief Patricia Cruise, Clerk of Council Others: Nancy Strasser John R. Phillips Debbie Linkous Samantha Stone Michael Betteken Megan Steel Morgan Leonard Megan Clontz Ben Hall Ami Dean Cory Powers Jennifer White Carol Wade Casey Bentley Savanna Rutherford Kayla White Will Frye Henry Cook James Holliday Kevin Faller Will Clark Betty Quesenberry Paul Dellinger, Press Jack Martin, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Talbert led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Following roll call, Councilman Talbert moved to modify the agenda by adding 7b, 8b, 13c and 13d and two closed sessions under Va. Code 2.2-3711 A-5 and one closed session under Va. Code 2.2-3711 (A-7). The motion was 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 welcomed the students from the high school Government class who were present. The first item on the agenda was Resolution 2005-22. Mayor Wade read aloud Resolution 2005-22, Honoring Charles D. “Cannonball” Stafford. The Mayor and Council extended their sympathies to the family of Mr. Stafford. Councilman Penn moved to adopt Resolution 2005-22, Honoring Charles D. “Cannonball” Stafford, 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 presentation of the award for Employee of the Month. Mayor Wade presented Patricia Cruise with the award and expressed congratulations. Next, Council addressed Public Hearings. The first Public Hearing was in regard to a rezoning request by Henry and Jean Cook. Mr. Quesenberry advised that the Cooks have requested a rezoning of a parcel adjacent to Cooks Remodeling on Dora Highway. They wish to rezone so that all their property may be zoned the same, thus correcting a “split zoning” of their holdings. They plan to enclose both properties with fencing and use the lot in question as a recreational area for their business. Mr. Quesenberry advised that the Planning Commission recommended approval of the request as submitted. Mr. Quesenberry added that he had received one phone call regarding the request in favor of approval. Mayor Wade opened the Public Hearing at 7:10 p.m. There being no comments, the Hearing was closed. The next Public Hearing was in regard to a proposed E911 tax increase. Mr. Hawley advised that Council had been provided the 2005-06 projections on operation costs for the E911 system and also for revenue. He advised that even if Council approved the request to increase the tax to $3.00, the actual operating costs of the E911 center would not be met. However, $3.00 is the maximum allowed by the state. Following discussion by Council into what expenses are in the E911 line item, Mayor Wade opened the Public Hearing at 7:15 p.m. There being no comments from the public, Mayor Wade closed the hearing. Mayor Wade moved on to the Public Comment period. The Mayor advised that he had received a letter from the Heritage Garden committee complaining about alcoholic bottles and debris on the Trail. Mr. Hawley advised that he would ask Public Works to clean the area one time and then he hoped that volunteers would adopt the area for the future. The next speaker was Terry Fitzwater-Palmore. She addressed Council regarding time management in the Police Department. She advised that a Corporal on the Pulaski Police Department had been issuing tickets for decal violations on a Friday night. She opined that it would be better to schedule that type of business on a weekday night rather than on a busy weekend night. On a different topic, she asked if the Town could put yellow ribbons and two flags up on the light poles to honor soldiers and veterans. Mayor Wade commented that the Town Manager would take her suggestion under advisement. The next speaker was Nancy Strasser. She commented that she agreed with the suggestion about placing the flags on the light poles to honor soldiers and veterans, but was against the yellow ribbons. Additionally, Mrs. Strasser complained about deer destroying gardens and flowers in the yards around Peppers Ferry and Memorial Drive. She asked for Council’s assistance. Next, Debbie Linkous addressed Council regarding Gatewood. Ms. Linkous advised that she had been conducting an informal survey to find out what people like about Gatewood park. Her survey found that people like the rustic charm, and the solitude. She added that she had other questions, but requested that she be allowed to address them at the time slot shown on the agenda. The next speaker was Dr. John White. He addressed Council about the multi-year reunion scheduled for July 1 and 2, 2005 and invited the Mayor and Council to the reunion. Next, Mayor Wade invited Council and the public to the Art of the Garden festival scheduled for May 14 in Jackson Park. He advised that one of the highlights for this year would be a Bolivian band from Arlington, Virginia. The band wants to demonstrate and preserve Bolivian folk music. Mayor Wade then moved on to the Consent agenda. Councilwoman Steger moved to adopt the Consent agenda consisting of the April 5 and 14, 2005 Council minutes. The motion was seconded by Councilman Penn and carried on voice vote. Under Project Updates, Gatewood was first on the list. Mr. Hawley advised that electrical service had been run to the bathhouse site; research was being done to determine the amount and type of gravel to use at the sites where campers or tents can be set up; and reviewing the possibility of adding a few tent only sites. He advised that the Health Department had contacted staff with concerns regarding the collection system that had been installed. Staff was trying to find out the nature of the concern so that it could be addressed. Mr. Hawley advised that the intent was to be open by Memorial Day weekend if at all possible. From the public, Debbie Linkous inquired into the amount of gravel to be used for each site, commenting that more grassy areas would enable more tent camping and allow more of the natural beauty to show. Mr. Hawley answered that staff had not decided how much gravel would be needed at each site, but agreed that the amount of gravel should be minimized as much as possible. He added that he or Mr. Hart would get back with her when a decision had been made. Ms. Linkous advised that she understood that the picnic shelter would hold approximately 50 people instead of the100 originally planned. She inquired whether the monies that were not utilized for the picnic shelter could be used instead for the ampitheater? Additionally, she inquired whether they would consider changing the site for the picnic shelter? Mr. Hawley advised that only one site had been surveyed for the picnic shelter, so it was possible that the picnic shelter site could be changed. The size of the picnic shelter had not been set. Staff was told to try to accomplish the upgrade of Gatewood with the money available. He advised that those type of details were subject to change according to the costs as the project went along. Ms. Linkous inquired whether Council would consider volunteer help? She advised that she had spoken with several people who would like to volunteer their time and skills. Mr. Hawley advised that if anyone wished to volunteer, to contact Mr. Hawley or Mr. Hart, who would coordinate with Mr. Compton according to their skills and the need at the time. Councilwoman Steger inquired into the signage for Gatewood. Mr. Hawley advised that mileages could be added to the signs. Next, Mr. Phillips inquired why extensive changes were done at Gatewood? He opined that changes didn’t need to be made to the lay of the land and that it looked inhospitable. He felt that the park had been destroyed. Councilman Bolen commented that at the last Work Session, he had inquired as to the amount spent on Gatewood. Mr. Hawley advised that the information had been provided at the last meeting, however, he advised that the total spent including outstanding purchase orders, was $48,598.42. This figure included part time help, materials and outstanding purchase orders. He added that the unexpended balance for the project was approximately $130,000. Mayor Wade moved on to the New River Trail update. Mr. Pedigo advised that he had been in contact with the D.E.Q. and the drawings for the low water bridge have been completed. Mayor Wade inquired when the Trail extension would be finished? Mr. Pedigo advised that he hoped to get a Va. Marine Resources permit by May 15. Following the receipt of that permit, more hurdles would have to be overcome with VDOT, including the allocation of the monies, bidding of the project and review of the bids. Mayor Wade asked whether October 1, 2005 looked feasible for the opening? Mr. Pedigo advised that he still hoped to meet that deadline. Mr. Hawley reiterated that the Town is constrained by the regulatory agencies. He commented that once the approval has been received, the Town will work as quickly as possible. The next item on the agenda was CDBG downtown grant. Mr. White provided an update on the progress for the grant. In response to an inquiry, he responded that the funding is received as milestones are met. He reviewed the progress to date including work that had begun on the second floor of the Jackson apartments; storefront designs being considered by building owners and the formation of a Peak Creek committee to formulate a plan to improve the creek way. Mayor Wade moved on to the Burn building. Mr. Hawley advised that the fire department and engineering department have continued to work toward the construction of the burn building. He added that the architectural plans were being finalized. He hoped that the building would be under construction in the summer. The Mayor moved on to Old Business. The first item was Ordinance 2005-18, Emergency 911 Tax Increase. Mr. Hawley advised that the Ordinance must be adopted to raise the rates from $2.00 to $3.00. Following discussion, Councilwoman Steger moved to adopt Ordinance 2005-18, Emergency 911 Tax increase, 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 Ordinance 2005-19, Comprehensive Plan Update. Mr. Hawley advised that the Ordinance had to be adopted to formalize the Comprehensive Plan. Councilman Penn moved to adopt Ordinance 2005-19, 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 Mayor Wade moved on to Ordinance 2005-20, Amending the Zoning Ordinance to add a flood overlay district. Mr. Hawley advised that this Ordinance had to be adopted to formalize the zoning ordinance. Councilman Talbert moved to adopt Ordinance 2005-20, amending the zoning ordinance to add a flood overlay district, 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 was Ordinance 2005-21, approving the James Hardie site plan. Mr. Hawley advised that the Public Hearing had been held and the site plan was in compliance with all zoning ordinances and other required documents. Councilman Talbert moved to adopt Ordinance 2005-21, approving the James Hardie site plan, 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 Mayor Wade moved on to revised architect fees for Maple Shade. Mr. Hawley advised that this was an ongoing project to try to get a new location for the Raymond F. Ratcliffe Museum and the Fine Arts Center of the New River Valley. He added that since the decision had been made to occupy the old Wade’s building in the Maple Shade, Wiley and Wilson would have to revise their plans. He needed authorization from Council to proceed. Councilman Bolen questioned whether the monies were available to proceed. Mr. Hawley advised that the funds were available. Following discussion, Councilwoman Steger moved to authorize the Town Manager to enter into an agreement with Wiley and Wilson for the revised plans for the Museum. The motion was 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 - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was alley off of Peakland Drive. Mr. Hawley advised that in response to Mr. Covey’s complaint regarding the right of way off of Peakland, the Engineering Department contacted Mr. Covey. The Engineering Department compromised with Mr. Covey and offered to re-grade the road and drainage ditches and surfacing it with “milling” material, which the Town has stockpiled. The next item on the agenda was deer control. Mr. Hawley advised that in response to a complaint at the last Council meeting, staff had been directed to research and talk with the Virginia Department of Games and Inland Fisheries to get input on deer control. He advised that Mr. Quesenberry contacted Mr. Nelson Lafon of the Game and Inland Fisheries and was referred to their website and a guide to assist property owners having problems with deer. He added that staff recommendation was to try the guides, before Council contemplates any further steps. Mrs. Nancy Strasser addressed Council regarding a deer problem in her area between Peppers Ferry and Memorial Drive. She asked for Town assistance to reduce the deer problem. She noted that it is illegal to hunt in the Town, so citizens don’t have much recourse. Following discussion, Mrs. Strasser was asked to provide the contact information for Hunters for the Hungry to David Quesenberry and he would look into it. Mayor Wade moved on to the Art Train as part of Jamestown 2007. Mr. Hawley advised that the Art Train had tentatively agreed to stop in Pulaski in 2007. Staff would like to host the Train, perhaps in conjunction with the County, for Jamestown 2007. He inquired whether Council was interested in the idea. If so, staff would contact the County to determine the cost and return to Council with the figures. Following discussion, Councilman Talbert moved to direct the Town Manager to pursue information for the Art Train in 2007, 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 was Vaughn Lane- road surface issue. Mr. Hawley advised that the Planning Commission approved a three lot subdivision on Vaughn Lane. During their discussion, a question arose as to what kind of road surface Vaughn Lane should have. The Planning Commission felt that the Town Council should determine the type of road surface since it would be the Town’s responsibility to maintain it. Council needed to decide if Vaughn Lane should remain a graveled road or be paved. There are two residences on the lane with potentially three more to be added with the subdivision of the Vaughn Estate. Following discussion, Councilman Penn moved to proceed with an agreement with Dr. Vaughn, the sub-divider, requiring him to pay or provide a bond/letter of credit for the paving of Vaughn Lane before any building permits are issued, or to agree to pave in the future if Vaughn Lane is extended for future development. The motion was 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 Mayor Wade moved on to Resolution 2005-23. Mr. Hawley advised that this Resolution was necessary to authorize Town employees to sign Town checks. The bank requires a Resolution. Councilman Worrell moved to adopt Resolution 2005-23, 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 the Round Table discussion. Mayor Wade advised that Delegate Benny Keister has been trying to get the Wilderness Road recognized as one of the state roadways. The Mayor opined that Council should support Delegate Keister’s efforts. Councilwoman Steger moved to direct staff to prepare a Resolution supporting Delegate Keister’s efforts to recognize Wilderness Road as a state roadway. The motion was 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 Mayor Wade added that Delegate Keister wished to attend the next Council meeting and give a power point presentation regarding his Wilderness Road plan. Mayor Wade advised that he would be meeting with the Governor and Delegate Keister and invited comments from Council that they would like passed on to the Governor. Moving on, Councilman Worrell commented that the Town announced the James Hardie project in February 2005. He noted that to date, no information regarding this event was on the Town website and he requested that it be prominently placed there. Next, Councilman Talbert inquired as to the status of the speed limit at the new school zone on Route 11? Mr. Hawley responded that presently the speed limit is 35 mph through the work zone. The Town staff felt that the permanent speed limit should be set at 45 mph. However VDOT felt that the limit should be 55 mph. Staff is submitting the justification for the Town request for 45 mph. to VDOT. The Town’s intention is to set the speed limit at 45 mph between the hospital and the school. On another topic, Councilman Talbert commented that the Town needs to design a plan to enforce the clean up of the Town. Some areas of the Town look great and others need to be addressed. Mr. Hawley reminded Council that the official Town clean up day was May 12 this year and invited more participants. Councilman Burchett inquired about the plans for a vacant lot across from Sherwin Williams. Mr. Hawley advised that the lot was purchased by someone who had expressed an intent to construct a parking lot. The lot is in the area specified for the Downtown grant, so staff would be in contact with the owner. Councilman Burchett opined that if it was necessary, perhaps the Town could pave the lot, rather than let it remain an eyesore. Councilman Talbert agreed with Councilman Burchett. Mr. Hawley advised that since the lot is in the downtown development area, the owner has to eliminate the blight. If he does not, the Housing and Redevelopment Authority will eliminate the blight and bill the owner. On another topic, Councilman Burchett advised that he would be attending a regional meeting on bikeways and pathways and inquired if Council had any comments or information that they would like him to discuss at the meeting. At 8:38 p.m., there being no further comments for the round table discussion, Mayor Wade moved on to Closed Session. Councilwoman Steger moved to enter into Closed Session for two items under Va. Code 2.2-3711, (A-5), and one item under Va. Code 2.2-3711 (A-7). The motion was 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 Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Talbert, 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 There being no further business, Councilwoman Steger moved to adjourn, seconded by Councilman Talbert and carried on voice vote.