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HomeMy WebLinkAbout12-06-05Minutes of the Town Council meeting held December 6, 2005 at 5:00 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 David Quesenberry, Asst. to the Town Manager Randolph D. Eley, Town Attorney Sherry Boyd, Finance Director Dana Bishop, Accounts Payable Clerk John White, Economic Development Director G. W. Roche, Police Chief Patricia Cruise, Clerk of Council Others: Andy McCready Tom Miller Edna Isbill Frederick Nester Ted Anderson Linda Robinson Rhonda Batchelor Scott Betty Quesenberry Steve Crawford Kelly Barker, Press Mayor Wade called the meeting to order at 5:00 p.m. Councilman Bolen led the Pledge of Allegiance and Councilman Burchett gave the Invocation. Following roll call, Councilwoman Steger moved to add a Closed Session item to the agenda under Virginia Code 2.2-3711 (A-7) Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by the counsel. 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 - Aye Joel B. Burchett, Jr. - Aye Mayor Wade read a note that he had received from a citizen thanking the Town for the Holiday Celebration held at the Heritage Garden Park and commending the citizens of Pulaski in general for the welcome he had received since moving to Pulaski. Next, Mayor Wade announced the members of the Committee that would review an RFP for Hogan’s Dam: Town Manager John Hawley; Parks and Facilities Director Dave Hart; Councilman Joel Burchett; a member of the Board of Supervisors, yet to be named; and Debbie Lineweaver, a member of New River Land Trust. Mayor Wade then accepted a donation to the Town from Edna Isbill. Ms. Isbill created a stained glass rendition of the Maple Shade Inn as pictured in 1934. Mayor Wade thanked Ms. Isbill and stated that he would have the gift hung in the hall of the Municipal Building for the public to view. The next item on the agenda was the Employee of the Month award for November, 2005. Mayor Wade introduced the Employee of the Month for November, Dana M. Bishop. He congratulated Mrs. Bishop and presented her with an award. He read a press release regarding Mrs. Bishop and noted that in addition to this honor, Dana would receive an extra paid day off from the Town and would be considered for the Employee of the Year award in December. Mayor Wade moved on to Public Hearings. The first Public Hearing was for a request to rezone Bond Cote property from B-2 to I-2. Mayor Wade opened the Public Hearing at 5:08 p.m. There being no comments from the Public, the Hearing was closed. Mr. Quesenberry advised that staff received a rezoning request from BondCote for a rezoning of three properties the company had recently purchased at the corner of Burgis Avenue and Deerfield Drive. In preparing the application for this rezoning request, it was discovered that the current property owned by BondCote had been erroneously zoned B-2 when the new zoning ordinance was adopted in 2003. The property needed to be changed back to I-2. He added that the Planning Commission reviewed the request and recommended that lots 28 and 60 be rezoned to I-2 Industrial District and that lots 38A and 39A remain B-2 General Business District. Councilwoman Steger moved to direct staff to prepare an Ordinance rezoning Lots 28 and 60 of the BondCote property to I-2 Industrial District and that Lots 38A and 39A remain B-2 General Business District. 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 The next Public Hearing was a request for a rezoning of three properties at the intersection of Burgis Avenue and Deerfield Drive to I-2 Industrial District to permit an expansion of facilities. Mayor Wade opened the Public Hearing at 5:10 p.m. There being no comments, the Hearing was closed. Mr. Quesenberry advised that the request from Bond Cote was to allow the expansion of BondCote’s production and employment in response to increased military demand for their products. He stated that the Planning Commission reviewed the request and recommended that lot 28A be rezoned to I-2 Industrial District to permit expansion of the plant. They also recommended that lot 29A be rezoned to Residential Office to accommodate offices that will be moved from the main plan during future remodeling. Finally, the Planning Commission recommended that Lot 001 remain as R-5 Planned Unit Development as a barrier between the residences at Deerfield and BondCote’s plant. Councilman Worrell inquired what BondCote planned to do with the property? Ted Anderson, from BondCote, provided some details as to the plant expansion. He noted that they hoped to be able to increase their employment by up to twenty five people when the expansion was completed. There being no further comments, Councilwoman Steger moved to direct the Town Attorney to prepare the documentation to rezone lot 28A to I-2 Industrial District, rezone lot 29A to Residential Office and Lot 001 remain as R-5 Planned Unit Development. 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 The next Public Hearing was a request for a special exception to amend the number of vehicles that may be kept on the property at 1250 East Main Street from 300 to 1,500 vehicles. Mayor Wade opened the Public Hearing at 5:15 p.m. There being no comments from the Public, the Hearing was closed. Mr. Quesenberry advised that the proposed use was to locate an auto salvage/storage and auction yard, operated by International Auto Auction, at the site. The Planning Commission reviewed the request and recommended that Town Council permit the special exception. Mr. McCready provided an overview of the plan and responded to questions from Council. Following extensive discussion, Councilman Talbert moved to direct the Town Attorney to prepare the proper documentation to facilitate the request, with the condition that once the details have been approved by the government entities involved, the building will be completed within twelve months. The motion was 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. - No The next Public Hearing was to consider a special exception for a bed and breakfast use in the R-1. Mayor Wade opened the Public Hearing at 5:40 p.m. There being no comments, the hearing was closed. Mr. Quesenberry advised that per Town Council’s request, the Planning Commission reviewed the proposal for bed and breakfast use in the R-1. The Commission recommended to Council that the bed and breakfast use be permitted as a special exception in an overlay district in the locations where the R-1 and the Residential Historic District overlap. Councilwoman Steger moved to direct the Town Attorney to prepare the documentation to allow bed and breakfast use in the R-1 as a special exception in an overlay district in the locations where the R-1 and the Residential Historic District overlap. 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 The next Public Hearing was to hear a request for a rezoning of the site of the Caring Pregnancy Center of the NRV from R-4 to R-0. Mayor Wade opened the Public Hearing at 5:42 p.m. There being no comments, the Hearing was closed. Mr. Quesenberry advised that staff discovered that the site which currently houses the Caring Pregnancy Center of the NRV, was incorrectly rezoned to R-4. The Planning Commission reviewed the case and recommended that the parcels be rezoned back to Residential Office. Councilman Worrell moved to instruct the Town Attorney to prepare the documentation to rezone the parcels at the intersection of Cardinal Drive and Route 11, currently housing the Caring Pregnancy Center of the NRV, back to Residential Office. 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 The next Public Hearing was to consider a request from Downtown East-Long John Silver’s for a special exception to erect an electronic changeable copy sign at 1060 East Main Street. Mayor Wade opened the Public Hearing at 5:45 p.m. There being no comments, the Hearing was closed. Mr. Quesenberry advised that Downtown East/Long John Silver’s applied for a special exception to erect an electronic LED message board at 1060 East Main Street. The Planning Commission reviewed the request and recommended that Council approve the special exception. They further recommended that zoning regulations be amended so this type of sign would no longer be required to have a special exception. Councilman Bolen moved to grant the special exception and directed the Town Attorney to prepare the proper paperwork. 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 Councilman Talbert moved to refer to the Planning Commission a request to amend the zoning regulations so that electronic LED message board signs not require a special exception. 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 The final Public Hearing was in regard to personal property relief act changes. Mayor Wade opened the Public Hearing. There being no comments, the Hearing was closed. Mr. Hawley advised that the state had made changes to the Personal Property Tax Relief Act of 1998. While a Public Hearing was not required to implement these changes, the Town usually holds a Hearing for financial topics and staff opted to follow the precedent. He added that after the Public Hearing, an Ordinance would have to be adopted by Council. Mrs. Boyd, Finance Director, explained the history leading up to the need for the changes made to the Personal Property Tax Relief Act of 1998. She explained that there are two methods to determine the amount of the relief to the Town. One is called the “Reduced Method” and the other is the “Specific Relief Method”. She noted that the method recommended by VML, VACO, GFOA and the Treasurer Association is the “Specific Relief Method”. She added that the Council had to take action and adopt the Ordinance by the end of 2005 or the state would force the Town to take the portion of money as determined by the “Reduced Method”. She added that taxes that are not paid by September 1, 2006 will be billed at 100%, so if a taxpayer does not have their taxes paid by that date, they will receive no relief at all. She advised that this fact needed to be emphasized to the public. Mayor Wade moved on to the Public Comment period. There being no comments from the Public, Councilman Burchett asked for a quick update on the Trail. Mr. Hawley advised that the environmental clearance for the Trail has been received. VDOT has submitted a list of issues that they have with the right of ways. Staff has begun assimilating the information to address those issues. He advised that some of the easements would have to be redone due to a lack of proper certification by a notary. He hoped to be able to acquire the easements by June of 2006. Staff was directed to make the acquisition of the right of ways a priority. Councilman Burchett inquired how signage advertising the Town could be placed? Mr. Hawley advised that staff is researching to see what type of signs are allowed in the County and whether the County’s zoning will allow change of the content of the billboard sign already in the County. Mayor Wade suggested discussing the signs at the next Intergovernmental meeting scheduled for February 2006. Additionally, the Mayor asked staff to prepare a plan to improve the signage under Town control to Gatewood and Calfee Park. Mayor Wade moved on to Old Business. The first item was Ordinance 2005-36, Adoption of Adelphia Franchise Extension agreement. Mr. Hawley advised that the citizen’s committee met with a representative from Adelphia and reviewed the questions that Council had proffered at the Council meeting. Following that meeting, the Committee recommended signing a one year extension of the current franchise. Councilman Penn moved to adopt Ordinance 2005-36, Adoption of Adelphia Franchise Extension agreement, 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 a Resolution authorizing contract with Nextran. Mr. Hawley advised that staff had reviewed Council’s previous questions with the contract and adjustments had been made. The contract was rewritten and was ready to be executed. Councilman Talbert moved to adopt Resolution 2005-44, Authorizing Contract with Nextran, 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 Resolution 2005-46, Participation in the New River Valley Regional Water Supply Plan. Mr. Hawley explained that the Resolution allowed participation in a regional water supply study, which is mandated by the state. He advised that the Planning District Commission had received funding for the study and the Town and County planned to work with them on the study. Councilwoman Steger moved to adopt Resolution 2005-46, A Resolution to Participate in The New River Valley Regional Water Supply Plan. 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 moved on to Rural Development Grant match for the Police Department. Chief Roche advised that the Police Department had applied for two grants and been awarded one. They did not receive the Homeland Security award that they had intended to use to replace obsolete communications system. They were awarded a USDA grant that they had intended to use to purchase two police vehicles. In the meantime, the USDA changed the terms of their grant so that the match was larger than originally planned. They learned of a grant through DCJS that they could apply for after the first of the year. Since the replacement of the obsolete communications system was more important than two new cars, the Chief proposed the following: Apply for a DCJS grant to fund the majority of the dispatch console costs. Amend the USDA grant to fund the balance of the cost of the console. Together with the DCJS grant, the local match required as the total required of this grant would be 30% less than the current requirement. He added that if the DCJS grant was not awarded, he had identified resources to provide funding to meet the local match of the original USDA grant award. Additionally, possible resources that could be available had been identified. He noted that if this course of action were required, some budgeted activities would have to be cut, however, he felt that it was critical to replace the communications system. Councilwoman Steger moved to approve the grant match amendment request, 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 Mayor Wade moved on to Blue Ridge Travel Association membership level. Mr. Hawley advised that the Blue Ridge Travel Association was moving into the Maple Shade Plaza and a suggestion had been made that the Town should become a member of the Association. Council had directed staff to determine what membership level they should sponsor. Following discussion, staff recommended that for the first year, the $500 Sponsor level was sufficient to meet the Town’s needs. This level entitles the Town to a listing in the regional travel guide, photo and information on the web site with the ability to update the information, and a link to the Town’s web site. Additionally, the Town’s brochures will be displayed in the regional visitor center. Councilwoman Steger moved to appropriate the funds to sign up for the $500 membership level with the Blue Ridge Travel Association, 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 Ordinance 2005-41, Rebuilding structures on nonconforming lots. Mr. Hawley advised that Council had directed the Town Attorney to prepare an Ordinance permitting the rebuilding of structures on a non-conforming lot. That Ordinance was ready for adoption. Councilman Worrell moved to adopt Ordinance 2005-41, Amending Zoning Code to Permit Rebuilding Structures on a Non-Conforming lot, 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, Mr. Hawley advised that Resolution 2005-47 was not yet ready for adoption. It was removed from the table. Mayor Wade moved on to New Business. The first item was Ordinance 2005-42, Providing for the Implementation of the 2004-2005 Changes to the Personal Property Tax Relief Act of 1998. Mr. Hawley advised that the Public Hearing had been held earlier in the meeting and the Ordinance was ready for adoption. Councilman Talbert moved to adopt Ordinance 2005-42, An Ordinance To Provide for the Implementation of the 2004-2005 Changes to the Personal Property Tax Relief Act of 1998. 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 The next item on the agenda was the MTM lease renewal. Mr. Hawley advised of the receipt of a letter from MTM requesting to exercise their option for three years beginning December 1, 2005. The Town Attorney advised that he had reviewed the lease and no action was required by Council. The next item on the agenda was Ordinance 2005-43, Adopting Agreement with AEP to Purchase 2.07 acres for a R-O-W to James Hardie and the Business Park. Mr. Hawley advised that part of the agreement that the Town negotiated with James Hardie Building Products was to provide a new access road that goes in behind the AEP office on Bob White Boulevard. The Ordinance requires the Town to pay $22,500 for the land. Councilman Talbert inquired whether the cost was included in the budget? Mr. Hawley replied in the negative. He added that staff had originally hoped that AEP would donate the land, however, that did not happen. Councilman Penn moved to adopt Ordinance 2005-43, Adopting Agreement with AEP to Purchase 2.07 acres for a R.O.W. to James Hardie and the Business Park. The motion was seconded by Councilman Bolen 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 - Aye Joel B. Burchett, Jr. - Aye Mr. Hawley inquired whether Council wished to move the Council meetings in January of 2006 back one week due to the holidays. The consensus of Council was to move the January 3, 2006 meeting to January 10, 2006 at 7:00 p.m. The January 17, 2006 Work Session was moved to January 24 at 5:00 p.m. Next, Councilwoman Steger moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by the counsel. 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 Charles L. Wade - Aye At 6:41 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 There being no further business, the meeting adjourned at 6:42 p.m. on motion by Councilman Penn, seconded by Councilman Talbert and carried on voice vote.