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HomeMy WebLinkAbout07-10-07Minutes of the Town Council meeting held July 10, 2007 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council: Dan Talbert, Jr., Lane R. Penn, Joel B. Burchett, Jr., David L. Clark, Larry Clevinger, II Absent: Jeffrey S. Worrell Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Hunter Eley, Attorney Sherry Boyd, Finance Director Bill Pedigo, Town Engineer Chase Duncan, Engineering Dept John White, Economic Development Director Dave Hart, Parks and Facilities Director Gary Roche, Police Chief Kimberly Caudill, Administrative Manager Public Works Department Others: Abigail Convery Tamara Farmer Glenn Baublits Jeff Jones Mickey Seagle Lona Hoel Gloria Dimabe Robert Bopp David Jencks Andrew C. Cocke Robert Strenz Morian Welker Diane Collins Barry Collins Clark Payne Sandy Payne Jennifer White Carol Wade Janie Hurd Akers Marc Alan LeBlanc Allison Caudill Meagan Caudill Mark Lynch Jane Amburn Betty Quesenberry Sandy Singleton Becki Gunn Betty Lou Kirkner Pam Kirkner Melinda Williams, Press Paul Dellinger, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Clevinger led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following roll call, Councilman Penn moved to modify the agenda to add a Closed Session under Virginia Code 2.2-371 (A-5), prospective business or industry – economic development. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade announced that the Employee of the Month award for July, 2007 was being presented to Kimberly Caudill. He read a press release aloud and congratulated Mrs. Caudill and presented her with an award. The Mayor noted that in addition to this honor, Kim would receive an additional paid day off and be considered for the Employee of the Year award in December. John White introduced Mrs. Caudill’s daughters, who were present, Allison and Meagan. Council welcomed them. Next, Becki Gunn addressed Council with a report on the efforts of the Raymond F. Ratcliffe Memorial Museum committee to make improvements to the Museum. Some of the projects included: 1. Offering of memberships to the Museum 2. Exploring grants for improvements and special programs 3. Designing of a fund-raising brochure 4. Pursuing interstate signage 5. Establishment of a web site 6. Working with the Town to erect a building to house large item exhibits 7. Appointment of an independent board 8. Possible establishment of a foundation for continued upkeep 9. Inserting a brochure offering membership opportunities into the packet being sent to the Dublin High School All-School reunion. Additionally, Ms. Gunn advised that Mrs. Kirkner met with a Manager of Home Depot regarding donation of wooden flooring for the Museum. She advised that Council would be given updates as progress was made. Next, Abigail Convery, addressed Council about the New River Valley Bikeway/Walkway Committee. She distributed a handout summarizing the background and role of the Committee She inquired whether Council could name a citizen appointee to the Committee. Mayor Wade advised that David Jencks had already been appointed to the Committee. The next presentation was from Sandy Dowdy regarding Loving Field. Ms. Dowdy advised that she was a single mother who lived in the County and worked in the Town. She asked Council not to sell Loving Field. She discussed the need in the area for children’s sports and while acknowledging that Randolph Park had nice fields, commented that it was difficult for many people to have transportation to Randolph Park. She suggested that a little tlc at Loving Field would go a long way toward extending the use of the land for sports. Betty Quesenberry and Marc Allen LeBlanc also addressed Council speaking against the sale of Loving Field and encouraging the continued use of the field for sports activities. The next item on the agenda was Public Hearings. The first hearing was an encroachment request from Rhelda & Kenneth McCrary. Mr. Hawley advised that the legal advertisement requirements had been met. He commented that the encroachment had been in place for approximately thirty nine years with no problems that he was aware of. Mr. Quesenberry reviewed the request. He explained that apparently the car wash was built in approximately 1968 three feet into the Town right of way on Newbern Road. The property is now for sale, but the encroachment must be resolved prior to it being cleared for sale. Mayor Wade opened the Public Hearing at 7:25 p.m. There being no comments from the Public, the hearing was closed. Councilman Burchett moved to grant the encroachment request and direct staff to prepare the proper documentation. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next Public Hearing was on the Noise Ordinance amendment. Mr. Hawley advised that per Council’s direction, modifications had been made to the Noise Ordinance regarding loud music in business districts and general public events by permit and was before Council. He reviewed the changes. Mayor Wade asked whether this would affect the after market boom boxes in cars? Mr. Hawley responded no. This is by permit only and restricted to the business district. Mayor Wade opened the Public Hearing at 7:28 p.m. Mark Lynch advised that Hope City Café had hosted several events targeting the high school age group with music at the Café. The events had been well received. The teens were well behaved and in a safe environment. He urged Council to pass the Ordinance. Next, Marc Allen LeBlanc addressed Council also urging Council to pass the Ordinance. There being no further comments, the Hearing was closed at 7:30 p.m. Mayor Wade moved on to the Public Comment Period. Bob Strenz, a member of the Ordinance Review Committee, read a letter for the record (included in official minutes). He advised that the Committee felt that the core problem with blight in the Town was lack of enforcement. They suggested hiring a full time independent code enforcement officer, whose complete job focus was enforcing the International Property Maintenance Code and the Rental Property Maintenance Code. They recommended that the employee report directly to Town Council. Funding for the employee could be assessed through a reasonable annual fee from each rental property owner based on an equitable formula to be determined by Council. This would require no increase in real estate taxes to cover the cost of the position. Other suggestions were made as well. Council thanked Mr. Strenz for the report and asked staff to review the recommendations. Jennifer White pointed out that it’s not how you go about it, but that it be done. Next, David Jencks addressed Council regarding three concerns: 1. He asked Council to look into installing public restrooms near the Train Station. With the trails, the Museum and park use, public restrooms were needed. 2. He advised of a problem with glass on the bike/walking Trail. He suggested that perhaps the street sweeper could go through that area several times a month. 3. He also advised that the traffic signals in Town are not pedestrian or bicycle friendly. The sensors needed to be set to trigger at a lighter weight. Mayor Wade asked staff to look into the suggestions. Jane Auburn was the next speaker. She provided an update on a potential private business coming to Town. The next item on the agenda was the Consent Agenda. Councilman Penn moved to adopt the Consent Agenda consisting of the Council minutes of June 5, 2007, seconded by Councilman Talbert and carried on voice vote. Mayor Wade moved on to Project Updates. Mr. Hawley advised that included in the packet was some information on playground equipment to be installed at several of the parks. Dave Hart advised that the equipment was being purchased with proceeds from carnivals held at Maple Shade Shopping Center. Additionally, it was possible that the Rotary Club might fund all or part of one of the structures. He hoped to have all of the equipment in place by Labor Day. The next item on the agenda was Old Business. Mr. Hawley advised that the Town had been awarded one million dollars reservation of SPARC money to give first time homebuyers who qualify a ½% discount on interest rates in purchasing their home. He encouraged Council to accept the award and direct staff to finalize the agreement. Councilman Talbert moved to direct staff to execute the SPARC loan program agreement. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was the Hunter lease. Mr. Hawley advised that Ms. Hunter had requested a modification to her lease in the Maple Shade Shopping Center so that no payment would be due until January 2008. She was unable to occupy the building in March 2006 as originally intended. He explained the circumstances and asked for Council’s direction. Following discussion, Councilman Penn moved to direct the Town Attorney to modify the lease so that no payment would be due until January 2008, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to Ordinance 2007-20, Amendment to the Noise Ordinance. He noted that the Public Hearing had been held and a motion was in order. Councilman Clark moved to adopt Ordinance 2007-20, Amendment to the Noise Ordinance, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was Pretreatment Limits. Mr. Hawley advised that Peppers Ferry Water Treatment Authority had indicated that it was permissible for the Authority to use reserve funds to pay debt service for selected members. He summarized the situation to date. He noted that Council and staff did not agree with the formula used to come up with the new pretreatment limits. However, the Town would have to comply with the new limits and the daily poundage by January, 2008. He recommended that Council adopt Appendix A. Mayor Wade commented that a bond issue had been taken out and part of that bond was to replace the force main which had never been inspected. He inquired whether the force main had now been inspected and if so, what was the outcome? Mr. Hawley advised that to his knowledge, the force main had not been inspected. Mayor Wade then inquired if the force main was okay, what would happen to that part of the bond issue allocated to replace the force main? Mr. Hawley advised that it was his understanding that the monies would go to other improvements in the actual plant itself. He offered to obtain that information if Council wanted it. Councilman Penn moved to adopt Appendix A, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - No Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to New Business. The first item was Resolution 2007-11, Adoption of Membership Agreement to Join the Virginia Association of Counties Group Self Insurance Risk Pool. Mr. Hawley advised that staff tried to become a member of a liability insurance pool with about fifteen other jurisdictions in southwest Virginia. Unfortunately, this was not accomplished. Therefore, the Town entered into a contract with VaCo and the Resolution needed to be adopted. Councilman Talbert moved to adopt Resolution 2007-11, Resolution To Adopt the Member Agreement to Join The Virginia Association of Counties Group Self Insurance Risk Pool. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was Resolution 2007-12, Appointment to Various Committees. Mr. Hawley advised that several Committees needed appointments. The Resolution appointed members to the Architectural Review Board, the Planning Commission and the Cemetery Trust, and placed nominations before the Circuit Court for the Board of Zoning Appeals appointments. Jennifer White addressed Council explaining that the public did not know what Committees had openings, nor the requirements for those Committees. She asked that an article be put in the newspaper and perhaps also on the Town website, listing the openings and describing the requirements for each Committee. Councilman Burchett moved to adopt Resolution 2007-12, Appointment to Various Committees, seconded by Councilman Clark and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to consideration of debiting checking accounts for utilities. Mr. Hawley advised that a request had been received from an absentee owner to consider establishing a program to debit checking accounts. He asked staff to gather information for Council. Ms. Boyd advised Council that she advised that she contacted the state Treasurer’s Association to determine if other jurisdictions provided this option for their customers. She discovered that Wytheville had upgraded their program to accommodate this type of request and had only three citizens sign up. It cost approximately two thousand dollars for Wytheville to upgrade their equipment. Mayor Wade commented that if staff was going to focus on something, it should be on collecting delinquent taxes. He added that he’d hate to spend two thousand dollars for a program and have three people sign up. Council agreed with the Mayor. The next item on the agenda was motorcycle parking in downtown. Mr. Hawley advised of the receipt of a request from a downtown business to convert a current no parking zone to a two or three motorcycle only parking space. This could save parking spaces since currently the cycles would occupy an entire space as well as encourage the use of more fuel efficient transportation. Discussion ensued regarding the parking time limit with the consensus of Council to convert the space to motorcycle only parking with a two hour time limit. Mayor Wade moved on to Verizon mandated automatic E911 switching. Mr. Hawley advised that staff received a bill for $2,761 from Verizon from an automatic switch for E911 required by Verizon. Since this was not included in the new budget, staff suggested funding the expense from the unappropriated fund. Following discussion, Council directed staff to pay the bill from existing funds and then if the funds ran short later in the year, they would appropriate the funds. The next item on the agenda was Resolution 2007-13, Rural Development Assistance for Virginia Nanotechnology Park. Mr. Hawley advised that the Town must execute the document to obtain $5,000 from USDA Rural Development for planning for the Nanotechnology Research Park. Councilman Penn moved to adopt Resolution 2007-13, Rural Development Assistance for Virginia Nanotechnology Park, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was the Round Table discussion. Mayor Wade commended the Police Department on their bike patrol in the southeast and southwest quadrants. He commented that staff needed to “make sure that we enforce the Ordinances that are on the books, irregardless of who it is or what it is that we’re trying to enforce”. He continued, if an Ordinance is not appropriate, then it behooves the staff to bring it to Council with recommended changes and then Council can decide to change it or not. Additionally, the Mayor advised that he had spoken with the Police Chief regarding enforcing the two hour parking on Main Street and emphasized that he would like that done on a regular basis. Mayor Wade advised that he had spoken with the Finance Director asking whether the Town can require rental property owners to have a business license. He found out that the Dillon Rule prevents this action. He added that Councilman Burchett asked our representative, Delegate Crockett Stark to support a bill giving the Town that right and discussions with Council will be forthcoming. He asked Councilman Clark and Councilman Burchett to meet with Delegate Crockett Stark for this discussion. Next, Finance Director Sherry Boyd asked whether the two hour parking time limit was enforced when court was in session? Mr. Hawley answered yes. Discussion ensued regarding options for the public when court is in session. The consensus was that the Police Chief would work with the courts regarding this issue. Next, Parks and Facilities Director, Dave Hart addressed Council with concerns regarding problems with park litter and vandalism, particularly at the skate park. He asked Council and the citizens present for any suggestions that they might have. Following extensive discussion, staff was asked to research the cost of installing cameras at different points in Town. Next, Bill Pedigo, Town Engineer, introduced the new Engineering Tech 1, Chase Duncan. Mr. Hawley advised that he had been contacted by Eric Bucey with Beans and Rice requesting the Town’s support in starting a program with Pulaski Middle School. They asked that the Town host two political youth forums in Town with Town Council and staff members to discuss youth related issues with the Pulaski Middle School students and to provide them with blight elimination service projects and equip the students to complete the task. He added that if Council would commit to meeting with the students, then the application would be submitted. The consensus of Council was to proceed with the project. At 7:40 p.m., Councilman Penn moved to enter into Closed Session under Virginia Code 2.2-3711: (A-7), Consultation with legal counsel concerning specific legal matters requiring the provision of legal advice by such counsel. (2 items) (A-3), Consideration of acquisition of real property for a public purpose (A-5), Prospective business or industry – economic development - two items The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye At 9:44 p.m., Council returned from Closed Session and adopted the Certification Resolution for the five items on motion by Councilman Talbert, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Absent Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye There being no further business, the meeting adjourned on motion by Councilman Penn, seconded by Councilman Talbert and so carried.