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HomeMy WebLinkAbout12-04-07Minutes of the Town Council meeting held December 4, 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, Joel B. Burchett, Jr., David L. Clark, Larry G. Clevinger Staff: John J. Hawley, Town Manager R. D. Warburton, Town Attorney Patricia Cruise, Clerk of Council David Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director Dave Hart, Parks and Facilities Director John Goad, Filter Plant Chief Operator Gary Roche, Police Chief Others: Clark Payne Pam Austin Jane Amburn Robert Bopp Charles R. Bopp Glenn Baublitz Donia Eley Hunter Eley Carol Wade Morgan Welker Amy Lewis P. Sean Oneal Dennis Bryant Elrica Graham Betty Quesenberry James Holliday Morgan Goad Danielle Goad Melinda Williams, 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. Mayor Wade announced that the December 2007 Employee of the Month was John “Jay” M. Goad. He read a press release aloud and congratulated Mr. Goad and presented him with an award. The Mayor noted that in addition to this honor, Jay would receive an additional paid day off and be considered for the Employee of the Year award. The next item on the agenda was Resolution 2007-20, Honoring Randolph D. Eley, Jr. For His Service to the Community and Town Government. Mayor Wade read the Resolution aloud to the Eley family and to the public who were present and presented it to the family. Councilman Worrell moved to adopt Resolution 2007-20, Honoring Randolph D. Eley, Jr. For His Service to the Community and Town Offices. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye 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 Resolution 2007-22, Honoring James R. Brewer for His Service on the Architectural Review Board. He read the Resolution aloud and presented it to Mr. Brewer Councilman Talbert moved to adopt Resolution 2007-22, Honoring James R. Brewer for His Service on the Architectural Review Board, seconded by Councilman Clevinger and carried on the following recorded vote: Jeffrey S. Worrell - Aye 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 2007-23, Honoring Robert Henderson for His Service on the Architectural Review Board. Councilman Penn moved to adopt Resolution 2007-23, Honoring Robert Henderson for His Service on the Architectural Review Board, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Since Mr. Henderson was not present, staff will deliver the award to Mr. Henderson. Mayor Wade moved on to Public Hearings. Mr. Hawley advised that the first Hearing was on a request for a zoning amendment for a special exception in the R-4 Residential District to permit the keeping and boarding of horses by therapeutic schools for use in therapeutic programs. Mr. Quesenberry advised that the request came from Camelot of Virginia. They wish to include the horses in their therapy based programs. He supplied the background in the case and advised that the Planning Commission recommended approval. Kurt Kauffman, Principal of the Pulaski Camelot school explained the importance of the therapy with students suffering from various kinds of learning and emotional disabilities. He added that they would also utilize the horses to work with children in the community on an after school basis. Tiffany Smith added that there would be a maximum of three horses at the school. She explained some of the ways that horses could be used to teach skills in the after school program. Mayor Wade opened the Public Hearing at 7:24 p.m. There being no comments, the Hearing was closed. Councilman Talbert moved to direct staff to prepare the proper documentation to amend the zoning ordinance for a special exception in the R-4 Residential District to permit the keeping and boarding of horses by therapeutic schools for minors, residential and non-residential, for use in therapeutic programs. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye 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 a request from Camelot of Virginia for a special exception to permit horses to be kept and boarded on its campus, which is in the R-4 Residential District. Mr. Hawley advised that since Council had approved the amendment to the zoning ordinance in the previous motion, they needed to address Camelot of Virginia’s request for a special exception to permit horses to be kept and boarded on their campus. He advised that the Planning Commission recommendation to Council was that a special exception be granted subject to the following conditions: 1. That there be at least 2 acres per horse; fenced 2. That there be at least 100 feet between structures, defined as barns and stables only, and the property line 3. That the existing tree buffer be maintained Mayor Wade opened the Public Hearing at 7:26 p.m. There being no comments, the Hearing was closed. Councilman Clark moved to approve the special exception and the conditions recommended by the Planning Commission, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The final Public Hearing was a request to close a right of way/alley behind 184-196 West Main Street. Mr. Quesenberry reviewed the request and noted that if the entire alley was closed, a lot would be landlocked with no access to any street or right of way. He added that staff felt it was not reasonable or practical to close the middle part of an alley between blocs of properties and leave both ends open. This could complicate the installation of utilities and even future use of the alley. The Police Department felt that they could better monitor the public right of way when the need arose. Mayor Wade opened the Public Hearing at 7:30 p.m. There being no comments, the Hearing was closed. Councilman Penn moved to deny the request to close the right of way/alley behind 184-196 West Main Street. Councilman Clevinger seconded the motion and so carried on the following recorded vote: Jeffrey S. Worrell - Aye 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 the Public Comment Period. Glenn Baublitz addressed Council suggesting that staff research and implement energy and budget saving ideas to help the Town. He suggested that the Town install a generator set at Hogan’s. He opined that the Town could eliminate most of their electrical expenses for the Town by utilizing the generator. He advised that the Town could take the kilowatts that were generated and use them as a credit against the Town’s electrical bill and save quite a bit of money. He asked that staff speak to Appalachian Power. Mayor Wade replied that an energy audit was already being run in the Town and staff was already looking into bio-diesel fuel. Additionally, he advised that staff had found a source that could save the Town over 30% on fuel. Additionally, Mr. Baublitz inquired whether the Town had received payment for the Hogan property yet? Ms. Boyd responded in the affirmative. Mr. Baublitz inquired what the funds would be spent on. Mayor Wade responded that it had not yet been decided, but would not be spent frivolously. Mr. Baublitz advised of some erosion control problems in the area that preceded the most recent purchase of the land. He inquired what would be done to control this erosion into the lake? Mayor Wade advised that the new owner is working on the erosion plan for the work at the dam. Next, Dennis Bryant addressed Council advising of his reasons for wanting the right of way/alley behind his property closed. He added that he has kept the alley up by mowing and has never seen the alley be used. He advised that if the Town did not grant his request to close the alley that he would put up a fence and the Town would have to take over the upkeep of the alley. Mayor Wade thanked Mr. Bryant for his comments. Mayor Wade advised that he had several items to announce. He advised that the Fire Department had awarded a FEMA Aid to Firefighters grant in the amount of $165,000. The Town match is $8,250. The grant will be used to purchase twenty-five self contained breathing apparatuses, twenty-five spare cylinders and a compressor and refill system. Additionally, the Mayor read a letter from the Commonwealth of Virginia regarding the Town’s erosion and sediment control program. The Town was commended for successfully improving the Town’s erosion and sediment control program to become fully compliant with state law. Next, Mayor Wade advised that after the receipt of a letter from a citizen suggesting ideas that might be useful for the youth of the Town, it occurred to him to look into creating a youth center. He suggested that the Towns of Pulaski and Dublin and the County of Pulaski could share the costs. He suggested using Central Gym. He asked for Council input. Additionally, the Mayor commented that there had been talk of moving the date of the Council elections to November. He advised that after reading some of the research provided by staff and the Town of Blacksburg, he felt it was a good idea. He requested that the topic be included on the next Work Session for Council discussion. Councilman Burchett commented that the beauty of the current system is that we don’t get locked in to party politics. He thought that should be considered by Council when discussing changing the election date. Additionally, Councilman Burchett reminded Council that at a Council meeting, staff had been directed to meet with the County contact regarding real estate assessments. He inquired whether this had been completed? Mayor Wade interjected that staff had been directed to set up a meeting time for the County representatives to meet with Council. Mr. Hawley responded that he felt that since it was an election year, it would not be appropriate to go to the outgoing representative and that he intended to make an appointment with the newly elected Commissioner of the Revenue when they take office. Mayor Wade also announced that he discussed the recycling center with Honeywell regarding the possibility of moving the Dora Highway drop site to a Honeywell lot. Councilman Burchett commented that the Sewage plant was beginning to look better. Mayor Wade commented that someone had suggested having the high school students paint a mural on the sewage plant building. Councilman Talbert commented that he had heard a lot of compliments on the holiday paintings on the downtown area windows. The next item on the agenda was the Consent Agenda. Councilman Worrell moved to adopt the Consent Agenda consisting of the Council minutes of November 6, 2007 and Ordinance 2007-27, Special Exception for Cellular Equipment at 2385 Peppers Ferry Road. Councilman Penn seconded the motion and it carried on voice vote. Mayor Wade moved on to Project Updates. The first item was Industrial Development Authority (IDA) Update. Mr. Hawley advised that Mr. Crabtree was not present to give the update. In his absence, Mr. Hawley advised that the IDA had discussed trying to work with the owners of Pulaski Furniture to make sure the site does not fall into disrepair, and make sure that it is marketed well. Additionally, they discussed the use of the excess capacity of the Water Plant and the possibility of bottling some of the water for sale. He added that Clark Payne and Robert Bopp were both members on the Authority and could possibly provide more information. Mr. Payne advised that he had no further information on the bottled water. Mr. Crabtree was scheduled to update the Authority at the next meeting. Mayor Wade moved on to Pulaski Redevelopment and Housing Authority update. Clark Payne provided an update on the results of the meetings. He commended John Hawley and Town staff for providing an overview of the responsibilities of the Authority and introducing them to the agencies they will work with. He advised that they had two goals. One was to do everything they could do to increase the percentage of single family home ownership in the Town. The second goal was to increase the average assessment of properties in the Town. Additionally, he asked Council to find in the current budget approximately $5,000 for the Housing Authority to conduct a comprehensive needs assessment of the housing stock in the Town. Additionally, he requested that Council consider either co-oping an employee or providing funds to allow the Authority to appoint a grants person to correlate the grant opportunities and apply for the grants for the Authority. Mayor Wade inquired where the Authority stood on re-siding and installing new windows in existing houses? Mr. Payne advised that two homes in the Town had been selected to forward to James Hardie Building Products Inc. These two homeowners will receive new siding and windows compliments of James Hardie Building Products, Inc. The next item on the agenda was Loving Field playing fields. Dave Hart, Parks and Facilities Director, addressed Council advising that he met with Anthony Akers from the County regarding the fields. There are eight fields at Loving Field, and the County uses seven of them. The fields are in poor condition. The dirt cut out areas of the fields need to be rebuilt; the light poles need to be repaired, the parking lot needs to be improved and re-graded, backstop netting needs to be reinstalled and cosmetic improvements need to be made to the concession area including painting. He advised that if the Town did the work using Town vehicles and manpower, the cost to bring the fields up to par would cost approximately $42,000, half of which was materials and supplies including the dirt mix. Mayor Wade suggested the possibility of donating the Loving Field land to the County to use for recreation. Following extensive discussion, Council opted to consider the ideas presented and discuss them further at the next Council Work Session. Mayor Wade moved on to Gatewood season. Mr. Hart reviewed the 2007 season totals for Gatewood Park that had been included in the packet. The next item on the agenda was Old Business. Mr. Hawley reviewed the information in the packet regarding the revenue collection for vehicle personal property and decals. He asked that Council review the data for discussion at the next Council Work Session. He advised that if Council decided to eliminate the decals, it would have to be incorporated into the 08-09 budget. Mayor Wade felt that the consensus of Council was to eliminate the decals. He commented that Council needed to decide at the next Work Session how to offset the lost revenue from the decals and when to implement the change. Councilman Worrell responded that he felt that Council wanted to eliminate the decals if they can offset the revenue. Mayor Wade moved on to license for allowing dwelling unit at MacGill Park. Mr. Hawley advised that a proposed agreement to allow Town employee Gary W. Martin, to replace his dwelling at MacGill Park with a new double wide had been included in the packet. He added that Mr. Martin had reviewed the agreement and was willing to sign after Council’s approval. Following a question from the Mayor, Mr. Hawley advised that when Mr. Martin retired, if the Town did not wish to terminate the agreement, an amended document could be drawn up allowing him to purchase and stay on the property. Councilman Talbert moved to accept the agreement as written, seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye 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 delinquent taxes. Mr. Hawley advised that sometimes it is not practical to try and recover delinquent taxes. Staff asked that the Finance Director be authorized to use her judgment on the practicality of collecting some of the taxes and allow her to write them off, based on normal accounting and auditing procedures. Following discussion, Councilman Talbert moved to give the Finance Director the authority to use her judgment in writing off some delinquent taxes. The motion was seconded by Councilman Clark and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Abstain Mayor Wade moved on to signage. Mr. Hawley advised that the Gatewood Street signs had been installed; the sidewalk inventory rating was being composed, and that the Public Works department was preparing a summary of signs to be replaced on Route 99 and I-81, an alternate pole and location for downtown restaurant signs, and an inventory of major highway signs that can be incorporated into a GIS layer. Mayor Wade moved on Ordinance 2007-28, Approving Sales Contract for Maple Shade. Mayor Wade commented that they did not have the sales contract, but had been provided some information. He felt that the information that they did have, showed that the rules were changing from what Council originally voted on and he did not like it. He encouraged discussion among the Council members. Mr. Warburton, the Town Attorney, explained that the proposed contract called for all of the tenant’s contracts to be terminated. However, the proposed contract listed the current tenants of the Town and suggested that all but one of the tenants would be offered the opportunity to renew their leases under the same terms and for the remainder of the terms that they currently have with the Town. Following extensive discussion, Councilman Burchett summarized the proposed contract: 1. No one would be put out of business. Mr. Warburton responded that it would have the effect of putting one business out of business. 2. The right of way issue was negotiable. 3. The Town was okay with the restrictions of use. 4. There is a willing buyer and a willing seller. Councilman Burchett then moved to adopt Ordinance 2007-28, Approving Sales Contract for Maple Shade. The motion was seconded by Councilman Talbert. Following discussion, the motion and the second were withdrawn by Councilmen Burchett and Talbert until Council could read the document. Town Attorney Warburton reminded Council that there was a penalty for each day the document remained unsigned beyond December 5, 2007. Council advised that they could call a Special meeting for the next day if necessary. Mayor Wade moved on to New Business. The first item was to re-appoint Lane Penn and Jay Goad to the Peppers Ferry Regional Wastewater Treatment Authority. Mr. Hawley advised that Councilman Penn and Mr. Goad, alternate, had agreed to serve again on the Authority if Council chose to appoint them. Councilman Talbert moved to appoint Councilman Lane Penn and Jay Goad, alternate, to the Peppers Ferry Regional Wastewater Treatment Authority. The motion was seconded by Councilman Clark and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Abstain Larry G. Clevinger, II - Aye Mayor Wade moved on to the Virginia Housing Trust Fund. Mr. Hawley advised that a request had been made by the Virginia Housing Coalition asking for letter of support to be sent to Governor Kaine asking for support of the establishment of Virginia Housing Trust Fund. This funding would be set aside to encourage affordable and attainable housing in the state of Virginia. Councilman Talbert moved to direct staff to send a letter of support to Governor Kaine. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: Jeffrey S. Worrell - Aye 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 a vehicle for the “Take Home” program. Mr. Hawley advised that the police department had indicated a need for another vehicle to accommodate the department’s “Take Home” vehicle policy. Funds within the departmental budget had been identified to purchase the vehicle. Councilman Worrell verified that the funds were in the Police Department budget. Following discussion, Councilman Clark moved to allow the purchase of a vehicle for the Police Department “Take Home” vehicle program. The motion was seconded by Councilman Clevinger and carried on the following recorded vote Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Due to the holidays, Councilman Talbert moved to move the January 1, 2008 Council meeting to January 8, 2008 and the January 15 meeting to January 22, 2008. The motion was seconded by Councilman Clark and carried on voice vote. At 9 p.m., Councilman Penn moved to enter into Closed Session under Virginia Code 2.2-3711 (A-3), Disposition of Public Property – 2 items; (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 – 2 items. The motion was seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye At 9:48 p.m., 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 Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Councilman Worrell moved to adopt Ordinance 2007-28, Approving Sales Contract for Maple Shade. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye 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, Councilman Penn moved to adjourn, seconded by Councilman Talbert and carried on voice vote.