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HomeMy WebLinkAbout04-01-08Minutes of the Town Council meeting held April 1, 2008 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, II Staff: John J. Hawley, Town Manager R. D. Warburton, Town Attorney Patricia Cruise, Clerk of Council David Quesenberry, Asst. to the Town Manager Dave Hart, Parks and Facilities Director John White, Economic Development Director Barbara Tate, Community Relations Director Chip Hutchinson, Fire Marshal Gary Roche, Police Chief Chris Bond, Police Officer Others: David Jencks Joel Burchett, Sr. Lee E. Rice James Holliday Andy McCready Morgan Welker Amy Lewis Dean Cox Terri Fitzwater Palmore Robert Bopp Gloria Mabe H. M. Kidd Janie Hurd Akers Glenn Baublitz Bill Warden James Bapp Sandy Payne Clark Payne Carol Wade Nick Glenn Jena Hardy, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Talbert led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following roll call, Councilman Clark moved to modify the agenda by adding item 12c. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade welcomed the audience to the meeting. Mr. Hawley advised that for the second year in a row, the Water Treatment Plant had earned an Excellence in Granular Media Filter Water Treatment Plant Performance Award. Council commended the department. Mayor Wade called Officer Christopher F. Bond to the front and presented him with the Employee of the Month award for April 2008. He read a press release aloud and congratulated Officer Bond. He noted that Mr. Bond would receive an additional paid day off and be considered for the Employee of the Year award. The next item on the agenda was a Public Hearing. Mr. Quesenberry advised that the hearing had been scheduled to consider a site plan review for JNI Properties, LLC (Cycle Systems) for the operation of a DMV licensed auto salvage yard at the site of the former Southern States bulk storage facility at 200 First Street, NE. He advised that the site plan meets all of the zoning requirements and the Comprehensive Plan and that all advertising requirements had been met for the hearing. He added that the Planning Commission had recommended approval of the site plan with the condition that the site be screened with an eight (8) foot high opaque fence constructed of wood or metal. Tim Myers, Cycle Systems Manager, addressed Council and explained the reasoning for the request and offered to answer any questions that Council or the public might have. Councilman Worrell inquired whether they would clean out the branch of Peak Creek that runs through the property? Mr. Myers responded that he felt the company would take care of cleaning out the branch regardless of whether this plan went forward. Councilman Penn commented that the current scrap at the location was 16 to 18 feet high. He asked whether they could keep the pile lower? Mr. Myers responded that the intent was to keep the height much lower. The company was having a transportation problem at the current time. He advised that the maximum height of debris on the new lot was expected to be two cars high. Mayor Wade inquired if they planned to screen the current business? Mr. Myers replied yes, and continued that proposals to upgrade the fence were being received at that time. Mayor Wade opened the Public Hearing at 7:40 p.m. Glenn Baublitz suggested that the new business be located on the back lot, rather than the lot they had requested. If they did not locate on the back lot, then he was opposed to the expansion. He asked if the Town had received a storm water plan? Mayor Wade advised that the site plan would be approved by DEQ. Mr. Hawley added that the site plan approval would be contingent on all permits being obtained, which included the storm water plan. Mayor Wade called for David Jencks to address Council. Mr. Jencks expressed concern for the location of the new portion of Cycle Systems. He cited its close location to parks and the Trail. The next citizen to approach Council was Terri Fitzwater-Palmore. Mrs. Palmore spoke on behalf of concerned citizens and read the following comments: We encourage and support the growth and expansion of businesses in Pulaski and we do understand that an auto salvage yard is one of the best examples of recycle and reuse. Yes there are some concerns about the location, near the Park and near the Town. However, if this is to go forward we request that all state permits be obtained and a staff review of all permits, final site plans and landscaping plans before operation commence. We ask that Cycle Systems fence the entire yard as stated, including the existing yard with an aesthetically pleasing fence and shrubbery, and again, Leyland cypress. We ask that Cycle Systems set the standard for being green in Pulaski. Joel Burchett, Sr. addressed Council speaking against the proposal. He felt that the addition would negatively impact real estate and the perception of the Town’s cleanliness. He felt that a moratorium should be issued by Council to stop this type of business in Town. Next, Bill Warden addressed Council speaking in favor of the request. He felt that the business was facilitating the clean up of cans, abandoned cars, refrigerators and other metal items already. This request would allow the additional clean up of vehicles with gas tanks, tires and oil. He added industry is not always attractive, but it is vital to the economy and he hoped that Council would encourage rather than discourage people who want to invest in Pulaski. Andy McCready advised that he was concerned with the anti-development, anti-jobs and anti-recycling rhetoric that he was hearing from certain concerned groups. He added that the area was already zoned properly for the business. The only request was for a site plan review. Additionally, he rebutted some comments made by Clark Payne of Citizens for the Betterment of Pulaski that had been in the newspaper. Lee Rice spoke in favor of the request. He commented that Pulaski needs the business and that it would help keep the oil from being dumped on the ground by citizens. He added that he was aware that people were cleaning up illegal dump sites and taking the contents to Cycle Systems. There being no other comments, the hearing was closed at 8:05 p.m. Councilman Penn moved to approve the site plan for JNI Properties, L.L.C. (Cycle Systems) with the following conditions: Site be screened by Leyland Cypress trees and an eight (8) foot high opaque fence constructed of wood or metal Creek bed on the property be cleaned out. Councilman Clark seconded the motion and it carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel 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. David Jencks addressed Council advising that the work done on the New River Trail looks excellent. He opined that the Trail would bring a lot of people in to walk and use the Trail and spend money in the Town. The next item on the agenda was the Consent Agenda. Councilman Penn moved to approve the Consent Agenda consisting of the Council minutes of March 5, 2008; Ordinance 2008-06, Approving a Zoning Amendment for Columbariums in Residential and Business Districts; and Resolution 2008-06, Appointing a Board Member to the Cemetery Trust Fund. The motion was seconded by Councilman Worrell and carried on voice vote. Mayor Wade moved on to project Updates. Mr. Hawley advised that a business owner in Town had submitted a conceptual drawing of a covered bridge for the Trail. Additionally, he had provided cost estimates for two locations. He was hopeful that donations could be obtained from businesses to offset some of the cost. It was thought that Council might like to consider the cost during budget preparation. Mayor Wade opined that the Town did not have the funds to spare for this project at this time, and suggested that if the citizen was interested in this project, that he form a committee and raise money to complete it. Council agreed to consider the request during the budget preparation. Mayor Wade moved on to clean up and screening on the Trail. Dave Hart, Parks and Facilities Director reviewed some of the problem areas that needed screening and some alternatives for screening the areas. Mayor Wade inquired whether one area that had a collection of old lawn mowers was in violation of the Town Ordinance? He asked staff to check the area. Next, Mr. Hawley advised that the construction was 75% complete. He added that the seeding had been started and the split face block retaining wall under the East Main Street bridge would be completed by the Town. Mayor Wade interjected that Mr. Warburton had donated some fencing to be used at Heritage Park. He reminded staff that it needed to be installed. Mayor Wade moved on to Old Business. Mr. Hawley advised that the County had indicated that they were willing to take the Loving Field property with the following conditions: Regarding the reversion clause, that it be clarified that the complex could cease to be used as playing fields, but would be converted to another recreation use. They also indicated a desire to be reimbursed on a depreciated value for any improvements they would have made to the complex if it should revert to the Town. Additionally, they indicated their concern with the current fencing and asked whether the Town would consider assisting with the fence? Following discussion, Councilman Burchett moved to direct staff to prepare the paperwork deeding the property to the County with a reversion clause that if the land is not used for recreational purposes, that it revert back to the Town and that the Town agrees to reimburse the County for depreciated improvements they make to the property. Additionally, he clarified that the corner lot was not to be included in the deed. Mr. Warburton advised that the motion needed to include geographic limits; cost for the sale, whether it be no cost or a particular amount of money; and very specific conditions on what was to be included in the reversion. Councilman Worrell commented that he felt staff had enough direction to know what Council wanted in the contract. He made a substitute motion to direct staff to bring back a draft proposal to the next Work Session. The motion was seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to Maple Shade update. Mr. Hawley advised that the sales agreement with the County adopted on 12-4-07 required the Town to obtain a release on all current leases and execute a new lease provided by the County before closing on the property. Since the Town had been unable to obtain the required paperwork, the County had notified Mr. Hawley that they would provide a modified lease and work with the Town to have the remaining tenants sign. The County also advised that it will not close on the property until all new leases with the County are signed. Mr. Hawley advised that he had not yet received the new leases from the County. It appeared that if the Town could not obtain signatures on the new lease , that to close on the property, it would be necessary to require MTM (with 43 jobs) and also Dollar General (the only major store on the south side) to close. Council would have to decide if this would be in the best interest of the community to possibly force these businesses to close in order to sell to the County. Following extensive discussion, the consensus was to review the most recent version of the lease at the next Work Session. Additionally, Council decided to attend the next Board of Supervisors meeting as a Council. Staff was directed to request that Council be allotted time on the Board of Supervisors agenda. Mayor Wade moved on to Police Dispatch generator. Mr. Hawley advised that bids had been received for the emergency generator for the Police department. Staff needed Council’s authorization to enter into the contract. Councilman Worrell moved to accept Bill Wohlford’s bid for the emergency generator, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was New Business. The first item was trolley fees/useage policy. Mr. Hawley advised that several requests had been received regarding use of the trolley for events in the area. Staff had gathered some information on the rules and fees utilized in other areas for Council’s discussion. Staff recommendation was to continue to develop the details for use of the trolley and report back to Council. The next item on the agenda was the SPARC program. Mr. Hawley advised that the VHDA SPARC Round 7 Loan Reduction application was due April 18. If Council wished to participate in the program, they needed to authorize the Town Manager to submit the application. Councilman Worrell moved to direct the Town Manager to apply for the VHDA SPARC Round 7 Loan Reduction grant. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to Assign-a-Highway program. Mr. Hawley advised that the Fire Marshal had a presentation for Council. Once Council heard the presentation, if they wished to participate, Resolution 2008-07 needed to be adopted. Following the presentation, Councilman Talbert moved to adopt Resolution 2008-07, Assign-A-Highway program. The motion was seconded by Councilman Clark and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was the Claytor Lake Festival. Mr. Hawley advised that the Town had received a request from the Claytor Lake Festival Committee to be a sponsor of the festival. The Festival falls on the same day as the Town’s New River Trail opening. Following discussion, the consensus of Council was not to participate in the Festival this year. Mayor Wade moved on to Rural Development Grant for Police/Fire. Mr. Hawley advised that the Town had the opportunity to submit a Rural Development grant for police vehicles and some equipment. The same grant was available for the Fire Chief’s vehicle. If the grant was awarded, the match would be taken from monies appropriated in next years budget. Staff requested Council’s authorization to apply for the grants. Councilman Worrell moved to authorize staff to apply for the grants, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was the DHCD Planning Grant. Mr. Hawley advised that the Town was trying to move forward with the portion of our strategic planning for housing improvement. One source was a housing rehab grant from DHCD. To facilitate this grant, it would be best to apply for a $25,000 planning and housing needs assessment grant. Staff asked for authorization to apply for the grant. Following discussion, Councilman Talbert moved to direct staff to apply for the grant. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to the Habitat Request. Mrs. Palmore, Executive Director for NRV Habitat for Humanity addressed Council requesting that $2,800 dollars for water and sewer hook-up for two Habitat projects on Fayette Street be waived. Councilman Penn moved to waive the water and sewer fees for the two NRV Habitat for Humanity projects on Fayette Street. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Next, Mrs. Palmore advised that she was working with Planting America and requested permission for the group to be allowed to go to Draper Mountain where the trees had previously been cut down and reseed a variety of trees on April 26. Councilman Talbert moved to allow Planting America to reseed a variety of trees on April 26. The motion was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye At 9:25 p.m., Councilman Clark moved to enter into Closed Session for two items under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel and briefings by staff member pertaining to actual or probable litigation. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mr. Warburton, Town Attorney, requested that the minutes reflect that that he did not take part in any way, in the preparation of or discussion of the item to be discussed in Closed Session. At 9:40 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Talbert, seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Councilman Talbert moved to modify the agenda with the addition of Resolution 2008-10, Authorizing The Town Manager To Execute An Agreement With Robley A. Jackson and Martha L. Jackson. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Councilman Worrell moved to adopt Resolution 2008-10, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Daniel 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 Burchett and carried on voice vote.