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HomeMy WebLinkAbout11-01-05Minutes of the Town Council meeting held November 1, 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., Lane R. Penn, John T. Bolen, Joel B. Burchett, Jr. Absent: Bettye H. Steger Staff: John J. Hawley, Town Manager David Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director Dave Cook, Water & Sewer Superintendent Bill Pedigo, Town Engineer John White, Economic Development Director G. W. Roche, Police Chief Patricia Cruise, Clerk of Council Others: Debbie Linkous Candia Cook Carol Wade Betty Quesenberry Dave Collins Jennifer White Larry Blevins Fred Blevins Kelly Barker, Press Paul Dellinger, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Penn led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Councilman Penn moved to adopt the Certification Resolution for the Closed Session held prior to the meeting under Virginia Code 2.2-3711 (A-7), briefing by staff members pertaining to actual or probable litigation. 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 - Absent Joel B. Burchett, Jr. - Abstain Mayor Wade introduced the October Employee of the Month for the Town, Dave Cook. He congratulated Mr. Cook and presented him with an award. He read a press release regarding Mr. Cook and added that in addition to this honor, Mr. Cook would be given an extra paid day off from the Town and would be considered for the Employee of the Year Award in December. The next item on the agenda was a Public Hearing regarding a zoning amendment to permit structures to be rebuilt on a non-conforming lot destroyed in whole or in part by a natural or manmade disaster. Mr. Quesenberry advised that the Planning Commission reviewed the issue at length and formulated a town-wide zoning amendment that allows a structure on a non-conforming lot, that is destroyed in whole or in part, to be rebuilt upon the area occupied by the former structure. They specified that the reconstruction be required to begin within twelve (12) months from the date of casualty and be completed twenty-four (24) months from the date of the casualty, unless extensions of time to complete the reconstruction are necessary, as determined by the Zoning Administrator, due to circumstance over which the property owner has no control. Mayor Wade opened the Public Hearing at 7:08 p.m. There being no comments, the Public Hearing was closed. Councilman Penn moved to direct the Town Attorney to prepare the ordinance change for the town-wide zoning amendment as recommended by the Planning Commission. The motion was seconded by Councilman Worrell 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 - Absent Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Public Comment period. Diane Collins addressed Council regarding the potential loss of the Wal Mart in Town and the domino effect that it might have on the Town. She expressed concern for the surrounding neighborhood, the residents of the Village, the loss of the tax revenue for the Town and the possible decline of the shopping center if Wal Mart moved. She suggested that in order to draw new physicians or citizens to the Town, the Town needed to change the perception of the Town. She suggested starting a trade school in one of the vacant buildings to train the citizens who felt overwhelmed at the thought of attending the college. Mayor Wade responded that her sentiments were shared by a lot of people in the area. He advised that the Town needed more involvement by people like Mrs. Collins to make changes occur. He added that as far as the trade school, the vocational department at the high school had a certification program and when the students graduate, they can be industrially certified for electricians or other jobs. Mrs. Collins inquired whether that just applied to the school age students? Mayor Wade advised that at this time the certification program only applied to school age students. However, he advised that the state had funds set aside to help the adults go to the Community College. He added that the Town would continue to work on improving the Town. Next, Fred Blevins addressed Council requesting that his dad, Jacob Blevins, be recognized in some way, in the Heritage Park project on Dora Highway. He commented that he grew up in that area with his dad. He noted that his dad was involved in the Dora Highway Community Club and served as President for many years. He hoped that the Town could do something in his dad’s memory. Mayor Wade suggested that the request be turned over to the Heritage Park Committee for consideration. Councilman Worrell commented that he thought it was a wonderful idea and felt that something should be done. Next, Mr. Hawley pointed out a painting on display in the Council Chambers. He advised that Mr. Major had painted a picture of the downtown area that he wished to sell to Council. There being no suggestions from Council, Mayor Wade moved on to the Consent Agenda. Councilman Bolen moved to adopt the minutes of the October 4, 2005 Council minutes as written, seconded by Councilman Talbert and carried on voice vote. The next item on the agenda was Gatewood season extension. Mr. Hawley advised that in September Council had discussed extending the Gatewood season and the possibility of allowing long term camping. At the last Council meeting, the issue was brought up again. He advised that staff had included the information memo from the September Council meeting for Council’s review. He added that Gatewood had been officially closed for the year the last Sunday of October. Extensive discussion ensued regarding what it would take to keep Gatewood open and concerns regarding hunters using the camp grounds. Councilman Penn recommended remaining open on a trial basis. Councilman Burchett suggested leaving the park open, but not allowing the hunters until next year so that staff would have time to work on the plan. Councilman Penn moved to extend camping under the current rules on a trial basis through December 17, 2005. The motion was seconded by Councilman Burchett. The motion failed on the following recorded vote: Jeffrey S. Worrell - No Lane R. Penn - Aye Dan Talbert, Jr. - No John T. Bolen - No Bettye H. Steger - Absent Joel B. Burchett, Jr. - Aye Councilman Burchett suggested trying to get an interstate sign installed advertising Gatewood. Mr. Hawley advised he did not think that VDOT regulations would allow a sign because of the distance from the interstate to Gatewood. Discussion ensued regarding finding private property to place a billboard sign advertising Gatewood. Mayor Wade moved on to joint dispatching. Mr. Hawley advised that a previous Council had authorized a study on joint dispatch. He asked Chief Roche to update Council. Chief Roche advised that since 2003 when the joint dispatch study was completed and released, staff had been meeting informally discussing how to organize and equip such a facility. In their latest discussion, the topic of support among the governing bodies was explored. The question arose as to the practicality of continuing the process without the officials of each jurisdiction approving the concept and committing to provide the financial resources to accomplish it. The group composed a letter to the Pulaski County Board of Supervisors, the Council of the Town of Dublin and the Council of the Town of Pulaski asking that they agree in principal on having a joint emergency communications center. The Mayor commented that he found it hard to really agree to a project when he had no idea what it would cost. Chief Roche reviewed the costs as valued in 2003. Mayor Wade commented that he thought Council needed to know what the projected costs are going to be – not the start up costs, but the yearly or maintenance costs beyond the start up costs. Additionally, he wanted to know how it would be managed and controlled. It was discussed that the Committee would continue to refine costs. Following discussion, Councilman Worrell moved to agree in principle to joint dispatch services, 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 - Absent Joel B. Burchett, Jr. - Aye The next item on the agenda was Resolution 2005-41, Amendment of Travel Policy. Mr. Hawley advised that this had been discussed at the last Council meeting and that staff had been directed to amend the Travel Policy to reflect the state rates and to automatically update with the state rates. Councilman Penn moved to adopt Resolution 2005-41, Amending the Travel Policy, 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 - Absent Joel B. Burchett, Jr. - Aye Mayor Wade moved on to Ordinance 2005-40, Adopting right of way and easement to American Electric Power Company for construction of power lines to James Hardie Building Products, Inc. Councilman Talbert moved to adopt Ordinance 2005-40, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Abstain Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Absent Joel B. Burchett, Jr. - Aye The next item on the agenda was Resolution 2005-43, Consent to Assignment and Change of Control. Mr. Hawley explained that there were two issues related to Adelphia Cable. Resolution 2005-43 says that the Town is agreeable to the assignment of the current franchise with Adelphia over to Time Warner NY Cable LLC. This does not extend the franchise agreement with Adelphia. Councilman Penn moved to adopt Resolution 2005-43, Consent to Assignment and Change of Control, 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 - Absent Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Tax Update. Mr. Hawley advised that staff had continued work on the delinquent taxes. They met with the Town Attorney and reviewed the court cases related to delinquent taxes. The Attorney has reviewed the contract with Nextran and has given his approval from his initial inspection. Staff hopes to be able to sign the contract with Nextran on November 14. Once staff has completed the necessary write offs, the remainder of the delinquent tax accounts would be turned over to Nextran for collection. Additionally, Ms. Boyd advised that the Department of Motor Vehicles has a program that would allow the Town and DMV to enter into a partnership to deny vehicle registration renewal when any local vehicle license fees or delinquent tangible personal property taxes are owed. She reviewed the steps involved in setting the program up and expressed her intent to participate in the program as soon as possible. Councilman Bolen inquired into paragraph 12 of the contract as presented, expressing concern about Nextran’s authority to settle claims of $1,000 or less at 75% of the amount due. Ms. Boyd responded that staff would review the wording in the contract. She explained that the dollar amounts included the taxes, penalty and interest and collections fees, therefore, any settlement amount would also include the taxes, penalty, interest and collection fees. The next item on the agenda was USDA grant discussion. Mr. Hawley advised that Chief Roche had been absent at the last meeting where a discussion was held regarding a USDA grant. He wished to elaborate. Chief Roche advised that at the time staff applied for the $50,000 USDA grant for two new vehicles, they thought they were going to get Homeland Security money to partially fund a communications console for the Dispatch Center. The Homeland Security money was not funded. The USDA grant was not awarded for the full amount. He advised that staff proposed requesting that the USDA allow the Town to use their award for the communications console for the Dispatch Center since the Homeland Security money was not granted. Mayor Wade commented that this could be discussed in more detail at the next Council work session. Mayor Wade moved on to New Business. Mr. Hawley advised that the Blue Ridge Travel Association is moving into the Maple Shade Plaza. It had been suggested that the Town should obtain a membership in the Blue Ridge Travel Association. The rates and information were included in the packet. Mr. Hawley added that the membership fee was not included in the current budget. Councilman Talbert suggested that staff determine the benefit versus the cost for the membership and return to Council. The next item on the agenda was Ordinance 2005-39, Authorizing a settlement with Fred Williams. There being no motion, Ordinance 2005-39 was not approved. The next item on the agenda was Resolution 2005-40, Authorizing Execution of Suntrust Commitment Letter for Magnox. Mr. Hawley advised that Magnox was refinancing a loan that the Town had guaranteed. Resolution 2005-40 gave Council’s permission for the Magnox loan to be refinanced. Councilman Worrell moved to adopt Resolution 2005-40, Authorizing Execution of Suntrust Commitment Letter for Magnox, 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 - Absent Joel B. Burchett, Jr. - Aye The next item for consideration was Resolution 2005-39, Fair Housing Resolution. Mr. White advised that the Community Development Block grant program required adoption of a Fair Housing Resolution. He asked Council to adopt the Resolution. Councilman Talbert moved to adopt Resolution 2005-39, Fair Housing Resolution, 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 - Absent Joel B. Burchett, Jr. - Aye There being no further business, the meeting adjourned at 8:30 p.m. on motion by Councilman Bolen, seconded by Councilman Talbert and carried on voice vote.