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HomeMy WebLinkAbout11-06-07Minutes of the Town Council meeting held November 6, 2007 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, David L. Clark, Larry G. Clevinger, II Absent: Joel B. Burchett, Jr. Staff: John J. Hawley, Town Manager Patricia Cruise, Clerk of Council David Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director John White, Economic Development Director Others: Cameron Fitzwater Andrew Samuelson Kevon Houston Phoenix Ramsey Corky Hall Dakota Ward Corey Dobbins Codie Blevins Justin Gravely Pam Austin Jane Amburn Diane Collins Bobby Jackson Martha Jackson Christopher Wright Dave Cook Candy Cook Morgan Welker Susan Rigney Louise Dean Whitney Eanes Tonia Lawhorn Tracey Harriman Clark Payne Sandy Payne Andrew Cocke Jennifer White Janet Johnson Melinda Williams, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Penn led the Pledge of Allegiance and Mayor Wade called for a moment of silence to commemorate the passing of Town Attorney, friend and citizen of the town of Pulaski, Randolph D. Eley, Jr. Following roll call, Mayor Wade read Resolution 2007-21, Honoring the Undefeated Pulaski Middle School Orioles Football team. He and Councilman Penn distributed the Resolution to all Orioles Football team members, their coaches and the cheerleaders Present. Mayor Wade advised that on December 2, for the third year in a row, a Christmas tree lighting event would be held at Heritage Park. He asked the Orioles football team to throw the switch on the tree on that day. Coach Viers accepted on behalf of the team. The next item on the agenda was Employee of the Month. Mayor Wade announced that the November 2007 Employee of the Month was Christopher A. Wright. He read the press release aloud and congratulated Mr. Wright and presented him with an award. The Mayor noted that in addition to this honor, Mr. Wright would receive an additional paid day off and be considered for the Employee of the year award in December. Mayor wade moved on to Community Garden. He introduced Amanda Wingfield from the Virginia Cooperative Extension office. Ms. Wingfield reminded Council that a community garden is for those in the community with limited access to land to plant a garden. The Town had a plot of land could be used for the garden. She had presented the plan to Council in April and wanted to know if they still wished to pursue the project. She distributed a handout for Council’s perusal. She advised that the land needed to be limited at this time if the project was going forward. Additionally, she advised that the Agricultural Extension agent had offered to mark the plots for the garden if needed. Following discussion, It was decided that the property should be limed whether the garden project want forward or not. The next item on the agenda was Public Hearings. Mr. Hawley advised that Council reviewed an Ordinance that would amend the Town Code to allow a specific trespassing Ordinance whereby, a property owner could provide a letter to the Police Department asking the Department to enforce the Ordinance when the owners gone. Additionally, the property owner was required to notify the Police Department within seven days of they sell the property. Mayor Wade opened the Public Hearing at 7:22 p.m. Andrew Cocke spoke in favor of the Ordinance. Susan Rigney asked whether the Police would be sensitive to closed alleyways and the traffic through it? Mayor Wade advised that staff would need to see if the alley way had been closed before they could address that problem. Mr. Hawley clarified the Ordinance advising that currently if someone is trespassing on your land. And the Police are notified, they will respond. This Ordinance would cover trespassing issues when the owner was not at home or might not live there, but owned the property. In that case, if the police saw a trespasser, they could take action for the owner. There being no further questions, the Hearing was closed at 7:26 p.m. The next hearing was for a T-Mobile Special Exception request. Mr. Hawley advised that staff had attempted to reach the contact from T-Mobile with no success, however, the Public Hearing needed to be held as advertised. Mayor Wade opened the Hearing at 7:27 p.m. Morgan Welker spoke in favor of the request. There being no further comments, the hearing was closed at 7:28 p.m. Councilman Worrell moved to accept the Planning Commission recommendation and that staff be directed to prepare the proper paperwork. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The final Hearing was in regard to a budget amendment. Mr. Hawley advised that because the appropriation needed for the trail exceeded one percent of the budget, it was necessary to hold a Public Hearing. He advised that it had been advertised as required by law. Mayor Wade opened the Public Hearing at 7:30 p.m. Jennifer White inquired whether T-21 funds could be re-appropriated and be used to complete the Trail? Mr. Hawley advised that the T-21 funds had been acquired for specific projects and thought they could not be moved. He advised that he would ask to be sure. There being no further questions, the Public Hearing was closed at 7:32 p.m. Councilman Clark moved to direct staff to prepare the Resolution to the Budget changes. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to Public Comment Period. Jennifer White advised that she met with the Town of Dublin officials, Town of Pulaski officials, and Pulaski County officials regarding tourism. All those present agreed to work together toward, a tourism plan. The group plans to gather stake holders to begin the process. Janet Johnson from New River Community Action spoke in favor of the Resolution 2007-18, but asked for a cap of no more than 36% on the predatory lending. Next Diane Collins addressed Council suggestion that they consider changing the Town Council election date to November to coincide with the national election. She felt that the voter turnout might be better and possibly save the cost of some of the expenses involved in holding an election. Additionally, she inquired into the progress of the proposed Youth Council research. Following discussion, Staff was directed to research changing the Town Council election date. Mr. Hawley advised that Council had been given a preliminary packet to review regarding the Youth Council and staff was doing further research as well. Next, Clark Payne addressed Council inquiring into the position of Town Attorney. He asked whether the Attorney was considered an employee of the Town or a contract position. Mayor Wade responded that in the past Attorney has been under contract to the Town. Mr. Payne inquired whether Council had considered hiring a recently graduated attorney as a Town employee only working on Town business. Mayor Wade responded that the issue had been reviewed several times. The last study proved that it was more cost effective to work under a contract. Mr. Hawley advised that with the illness and death of the Town Attorney, this Ordinance had not been prepared. He added that once the new Town Attorney is in place, this Ordinance will go forward. Mr. Payne stated for the record that as a citizen he finds it incredibly slow to come up with a legal definition for this Ordinance, after being directed by Council to do so. Mayor Wade moved on to the Consent Agenda. Councilman Worrell moved to adopt the Consent Agenda consisting of the minutes of the October 2,2007 Town Council meeting and Ordinance 2007-26, Amending Chapter 50 of the Town Code. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was Project Updates. Regarding the New River Trail, Mr. Hawley advised that one of the VDOT requirements was that a minority business provides a percentage of the contract work. The contractor had difficulty locating a business that could do the work; however, one had now been located. Once the paperwork is completed and submitted to VDOT, staff hopes to be able to proceed to the next phase of the Trail. Next, regarding the rental inspection, Mr. Hawley advised that four inspection had been scheduled. If the remainder of the rental property notification forms were not returned by November 14, then those owners would be in violation of the Ordinance and subject to penalties. Mayor Wade moved on to delinquent tax report. Ms. Boyd provided an update of the delinquent tax collection program, including monies collected to date, and payment agreements that have been set up. Mayor Wade inquired into several complaints that had been received from citizens who were upset that their accounts had been turned over for collection erroneously. Ms. Boyd advised that she was investigating the complaints and would be presenting a report to Council at a later date. Mr. Hawley requested that the Mayor and Councilman Worrell meet with the Finance Director and himself to discuss several specific accounts. They agreed and the date was to be determined at a later time. Mayor Wade moved on to Old Business. Mr. Hawley advised that Council had directed staff to prepare an Ordinance requesting the General Assembly take action against Exploitative Payday lending Practices in the Commonwealth. The motion was seconded by Councilman Talbert and carried on the Following recorded vote: Jeffrey S. Worrell - No Joel B. Burchett, Jr. - Absent Daniel 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 penalty or late fee for Town decals. Ms. Boyd advised that the Treasurers Association had been discussing adding penalties and interest to auto decals. She encouraged Council to consider adding penalties and interest to the auto decals. Following discussion, staff was directed to list the pros and cons of having decals and return to Council. Councilman Penn added that if it was decided to retain the decals, then the cost should be prorated by the month if people move into town. Mayor Wade moved on to a book proposal for photographic history of Pulaski. John White advised that Pulaski had been invited to publish a photo graphic history of Pulaski. He asked that Council endorse the proposal and allow the Town Manager to sign the Contract. Following questioning from the Mayor, Mr. White advised that it would be a cooperative effort between the towns of Dublin and Pulaski and the County. Additionally, he advised that the cost would be in staff time, but not budget money. The consensus of Council was to participate in publishing the book. Mayor Wade moved on to task order for the New River Valley Planning District Commission to perform the economic adjustment study. Mr. Hawley advised that this was required to fulfill the planning grants for the Nanotechnology Research Park. Councilman Worrell asked that Mr. Hawley explain the next item on the agenda, which was a contract with Draper Aden Associates for Nanotechnology pretreatment. He advised that Council could then act separately on each issue. Mr. Hawley advised that the contract would allow Draper Aden to work with the information developed by other industries to what kind of potential discharge problems could affect the sewer system. This is required to ful full the grant for Nanotechnology Research Park. Regarding the task order, Mayor Wade encouraged the Planning District to pay particular attention and time to element 6, Workforce Analysis and Planning. Councilman Worrell moved to direct the Town manager to direct the Town Manager to execute along with the County, the Economic Adjustment study. The motion was seconded by Councilman Talbert and carried on the Following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Next, Councilman Worrell moved to direct the Town Manager to execute along with the County, the Contract with Draper Aden Associates for Nanotechnology pretreatment. The motion was seconded by Council man Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Next, Mayor Wade inquired whether Council would like to consider canceling the next Council Work Session since it fell two days before Thanksgiving. Councilman Penn moved to cancel the November 20, 2007 Council Work Session. The motion was seconded by Councilman Clark and carried on voice vote. At 8:17 p.m. Councilman Talbert moved to enter in Closed Session under Virginia Code 2.2-3711: A-5, Discussion concerning the expansion of an existing business where no previous announcement has been made of the business’ interest in expanding its facilities in the community. A-1 , Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment , promotion , performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees of any public body. A-3, Discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (A-7), Briefings by staff members pertaining to actual or probable negotiating or litigation posture of the public body- 2 items. The motion was seconded by Councilman Penn and Carried on the Following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye At 9:05p.m. Council returned from Closed Session and adopted the Certification Resolution for the Closed Session on motion by Councilman Talbert, seconded by Councilman Penn and Carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Councilman Worrell moved to appoint R. David Warburton as the Town Attorney for the Town of Pulaski, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Daniel 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.