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HomeMy WebLinkAbout05-06-08Minutes of the Town Council meeting held May 6, 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 Barbara Tate, Community Relations Director Gary Roche, Police Chief Bill Webb, Fire Chief Dana Bishop, Accounts Payable Clerk Others: Bill Warden Steve Garner Emily Walker Andrew C. Cocke Pam Austin Jane Amburn Gloria Mabe Terry Bishop Dean Cox Sean O’Neal Janie Hurd Akers James Holliday Clark Payne Sandy Payne Morgan Welker Bob McKinney Mike Fleenor Pete Huber Charles Bopp French Miller Yolanda Hunter Amy Lewis Glenn Baublitz Earl Hagee Melinda Williams, Press Mayor Wade called the meeting to order at 7: 00 p.m. Councilman Clevinger led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Councilman Clark moved to modify the agenda by removing item 13d, regarding the Agency on Aging request. 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 called for a moment of silence in honor of Fess Green, an avid bike rider, who had been killed in a bike accident. The next item on the agenda was Employee of the Month for May 2008. Mayor Wade called Dana Bishop, Accounts Payable Clerk for the Town, to receive the award. He read the press release aloud and congratulated Mrs. Bishop. He noted that Dana would receive an additional paid day off and be considered for the Employee of the Year award. Mayor Wade moved on to Public Hearings. Mr. Hawley advised that the first Public Hearing was in regard to a franchise contract with NTELOS. The company wished to acquire a contract so they could provide a data line to a business in the Town limits. The telecommunications equipment would be installed on the Town right- of- way. Once the franchise was signed, NTELOS would be able to install equipment on any town street. Mayor Wade opened the Public Hearing at 7:05 p.m. There being no comments from the Public, the hearing was closed. Councilman Worrell moved to direct staff to prepare the documentation for the Ntelos franchise for Council’s review at the June 3 meeting. 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 The next Public Hearing was in regard to a zoning request to permit sheep on property in R-1 Residential. Mr. Quesenberry advised that the Planning Commission met and discussed the request for a zoning amendment to allow sheep to be kept in the R-1 District. Currently, horses are allowed as a special exception under special conditions. The Planning Commission recommended approval of the request as a special exception, with one acre required for a minimum of six sheep and 1/6 acre for each additional animal. Mayor Wade opened the Public Hearing at 7:18 p.m. There being no comments from the public, the Hearing was closed. Following discussion, Council felt that the Ordinance should be changed to grazing animals, rather than specifically horses or sheep. Additionally, that the wording should include a clear area for a pen and restrictions, if any, for a shed or barn, and rules regarding fencing. Staff was asked to contact Virginia Tech Agriculture Department to inquire into appropriate space limitations for grazing animals. Additionally, staff was directed to schedule a public hearing regarding all of the changes. The last scheduled Public Hearing was for screening standards. Mr. Hawley advised that the Planning Commission had worked on the standards for screening and their recommendations were included in the packet. Mr. Quesenberry summarized the recommendations for Council. Councilman Clark asked about the definition for opaque, advising that some screening may take attention away from what it’s hiding, but you could still see through it. Mr. Quesenberry advised that opaque screening doesn’t allow the passage of light or images. Mayor Wade opened the Public Hearing at 7:30 p.m. Dave Hart inquired whether the proposed screening requirement ruled out a wind screen? Mr. Quesenberry responded that the screening had to be of substantial construction and able to withstand a reasonable shock and normal wear and tear while in useage. Jane Amburn suggested that the screening be required to be ten feet rather than six feet. Morgan Welker suggested that screening be six feet or high enough to cover whatever is being screened, whichever is taller. There being no further comments, the Hearing closed at 7:31 p.m. Following extensive discussion, Councilman Burchett moved to accept Planning Commission recommendation with the following modifications: the fence to be eight feet in height, and add salvage yards, junkyards and recycling businesses in the I-2 zone. Mr. Warburton advised that Council could not include a I-2 zones without another public hearing. Councilman Burchett withdrew his motion. Councilman Burchett then moved to send the issue back to the Planning Commission to discuss changing the height of the fence to eight feet and adding the I-2 zone and junkyards, salvage yards and recycling businesses. 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 Mayor Wade moved on to the Public Comment period. He called on French Miller to address Council. Mr. Miller addressed Council asking Council and the Town to help develop a Youth Center for the Town children. He advised that a Youth Day to raise awareness had already been scheduled and some items were being raffled off as a fundraiser. Next, Andrew Cocke addressed Council regarding the sale of the Maple Shade building. He opined that the Town should not sell the building as leasing the building provided income for the Town. He expressed fear that the County would evict the current businesses from the building for the County’s use, which would also eliminate business tax for the Town. The next item on the agenda was approval of the Consent Agenda. Councilman Penn moved to approve the minutes of April 1, 2008 as written, seconded by Councilman Talbert and carried on voice vote. Councilman Burchett moved to adopt Ordinance 2008-07, Approving a site plan for JNI Properties, LLC, 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 Old Business. Regarding the fire protection control contract with the County, Mr. Hawley advised that a copy of the contract had been included in Council’s packet. Staff recommendation was to continue the current agreement with the County. Councilman Clark moved to approve the fire protection control contract with the County, 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 Comcast Cable franchise agreement. Mr. Hawley advised that staff had met with Comcast representative Steve Pollock, several times. Staff is satisfied with the negotiations. The lease was set up to expire in nine years, at the same time as the County and the Town of Dublin. Councilman Worrell moved to adopt Ordinance 2008-08, Authorizing A Franchise Agreement With Comcast, LLC. 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 The next item on the agenda was the Loving Field agreement. Mr. Hawley advised that a preliminary draft Loving Field agreement between the Town and the County conveying the ball fields and parking lots to the County had been included in the packet. Once Council approved the draft agreement, staff would request the survey. Discussion ensued on the items to be included in the sales agreement. From the public, Morgan Welker suggested selling the property outright, but putting a conservation easement or some type of deed restriction on it. That way the property would always be used for recreation. Following extensive discussion, Councilman Talbert moved to direct staff to prepare the necessary paperwork to sell the Loving Field property to the County with a deed restriction or conservation easement that it be used only for recreation. Mayor Wade asked Peter Huber, the Pulaski County Administrator, who was present for the meeting, whether he felt the County would want the property with these conditions. Mr. Huber advised that the County was interested in the property, however, he would need to look at the details before committing the Board to accept the offer. Councilman Talbert withdrew his motion. Mayor Wade interjected that he had just received the election results. He announced the number of votes received for each candidate. The final result was that Councilman Worrell was elected Mayor. Councilman Burchett was reelected to Council and Morgan Welker and Robert Bopp were elected to Council. Councilman Talbert moved to direct staff to prepare the necessary paperwork to sell the Loving Field property to the County with a conservation easement or deed restriction that it be used for recreational purposes only and that the sale be completed within thirty days. 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 he and the Mayor met with County representatives regarding the sale of the Maple Shade. During that discussion, the County agreed that they would not hold up the sale of the Maple Shade shopping center waiting on Dollar General’s signature of the new lease. He noted that the new lease with Dollar General did include a longer lease for them and also an option for them to acquire additional space. He added that the County still declined to close until the last two leases are resolved. He was unable to provide a closing date. Mayor Wade commented that staff had worked diligently to meet all deadlines. He opined that the purchase needed to be completed or Council needed to look at other options. Peter Huber, Pulaski County Administrator, addressed Council advising that as soon as the Town gets the leases signed, the sale will go forward. He added that the County had no interest in closing Dollar General and the businesses in the Maple Shade had the full support of the County. In response to a question from the Mayor, Mr. Huber advised that the County currently planned to use approximately one half of the shopping center. However, he added that the percentage may grow as the County’s needs grow. Following discussion, Councilman Burchett commented that the sale sounded like it was on target and he felt it should proceed. Councilman Worrell commented that it sounded better than it had and he was cautiously optimistic that the sale would go through. Mr. Hawley commented that the issue needed to be resolved by no later than the end of June. Mayor Wade moved on to Resolution 2008-11. Mr. Hawley advised that Council had previously directed staff to make employee health care available immediately to newly hired employees. After consulting with our health insurance provider, it was determined that new employees can only be added at the first of each month. He asked Council to change their previous motion. Councilman Talbert moved that new employees insurance be effective the 1st of the month following employment, 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 adopt Resolution 2008-11, Changing The Insurance Waiting Period For New Town Employees, 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 The next item on the agenda was trolley rental policy. Mr. Hawley advised that staff had researched guidelines and costs for a trolley rental policy. The insurance carrier advised that there would be no additional cost to cover the rental of the trolley. He advised that a licensed CDL driver would be provided by the Town. He advised that a draft rental agreement and rates had been included in the Council packet. Following discussion, Councilman Worrell moved to direct staff to prepare the paperwork for adoption of the trolley rental rates, 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 New Business. Mr. Hawley advised that the first item was an appointment to Virginia First. Councilman Jeff Worrell’s term was due to expire on 6-30-08. Because it had just been announced that Councilman Worrell had been elected Mayor for the next term, he suggested that Council postpone this appointment until a later date. Mr. Hawley moved on to the New River Valley Planning District Commission request for a staff member from the Town staff, a Council representative and a community citizen to serve on the Impaired Waterways Advisory Committee. He suggested that any citizens interested in being on the committee submit their names to the Town Manager’s office for Council’s consideration. Next, Mr. Hawley advised that the Town had been notified that it needs to pay a royalty fee to ASCAP (American Society of Composers, Authors and Publishers), for the use of music during Town sponsored festival/events. The Town Attorney had reviewed the issue and determined that the Town should comply. The yearly fee was $294.00. Councilman Worrell moved to direct staff to pay $294.00 to ASCAP, 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 At 8:21 p.m., Councilman Burchett moved to enter into Closed Session under Virginia Code 2.2-3711 (-7), Consult with legal counsel for legal advice, 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 At 8:49 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 Daniel Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye There being no further business, Council adjourned on motion by Councilman Penn, seconded by Councilman Talbert and carried on voice vote.