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HomeMy WebLinkAbout06-03-08Minutes of the Town Council meeting held June 3, 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 Roy David Warburton, Town Attorney David Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council John White, Economic Development Director Bill Warden, Fire Chief Barbara Tate, Community Relations Director Dave Hart, Parks and Facilities Director Gary Roche, Police Chief Others: Wayne Akers Patsy Akers Charles R. Bopp Robert A. Bopp Earl Hagee Sean ONeal H. M. Kidd Amy Lewis Brian Hunley Emily Walker Jane Amburn Pamela Austin Bill Warden Morgan Welker Clayton Clary Sandy Payne Diane Collins Carol Wade Shawn Utt James Holliday Kevin Litten, Press Melinda Williams, Press Mayor Wade called the meeting to order at 7: 00 p.m. Councilman Penn led the Pledge of Allegiance and Councilman Burchett gave the Invocation. Following roll call, Councilman Burchett moved to modify the agenda by removing item 13c, regarding the request from O&H Enterprises, LLC for UDAG funding. 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 announced that former Councilman Bob Wallace had passed away. He called for a moment of silence in his honor. Mayor Wade reminded Council and the citizens present that the ribbon cutting for the new extension of the New River Trail into Pulaski would be held Saturday, June 7. He encouraged everyone to attend. The next item on the agenda was Employee of the Month. Mayor Wade introduced Police Officer Daniel Grim as Employee of the Month for June, 2008. He read the press release aloud and congratulated Officer Grim. He noted that Daniel would receive an additional paid day off and be considered for the Employee of the Year Award. The next item on the agenda was Public Hearings. The first hearing was in regard to the sale of one or more acres at the old weather station site – Loving Field. Mr. Hawley advised that the purpose of the hearing was to take public input on the sale of approximately 1 acre at Loving Field to the Akers family, who are descendents of the original land owners. This was the former weather station site on the south side of Loving Field Road. Mayor Wade asked whether there was restricted air space there? Mr. Hawley replied in the negative. Mayor Wade opened the Public Hearing at 7:07 p.m. There being no comments from the public, the Hearing was closed. Following discussion, Councilman Worrell moved to direct staff to prepare the necessary paperwork to sell the land to the Akers family. 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 item on the agenda was a Public Hearing for the transfer/sale of 35 acres more or less of the Loving Field Playing Fields to the County. Mr. Hawley advised that at the May 6 Council meeting, staff was directed to prepare the paperwork to sell the playing fields and parking lots at Loving Field to the County. A Public Hearing was required. Councilman Worrell explained to the public that Loving Field is a huge parcel. “The 35 acres being discussed is the part that is being used now as the ball field. The one acre lot that Council had just taken action on is a sliver of land across from the ball field and there is still approximately 90 to 100 acres that still remain”. Mayor Wade opened the Public Hearing at 7:12 p.m. Bill Warden addressed Council opining that he felt it was in the best interest of the citizens to sell the County all the land at Loving Field and remove Maple Shade land from the table. He felt it was better to retain the Maple Shade building for businesses at the end of the Trail. There being no further comments from the public, the Hearing closed at 7:15 p.m. Councilman Penn moved to authorize the Town Manager to sign the contract selling approximately 35 acres to the County for one dollar. The motion was seconded by Councilman Worrell. Mayor Wade asked the Town Attorney to review the contents of the contract. Mr. Warburton advised that the sales price was one dollar. The Town is responsible for preparing the deed, but no other expense involved in the closing. The land is being sold “as is and where is” to the County. An easement is reserved to the Town for access to any part of the remaining Loving Field property. Councilman Burchett confirmed that the corner piece of land was not included in the contract. Mr. Warburton advised that the contract calls for conveyance of the playing fields. Roll call vote was then taken on the motion authorizing the Town Manager to sign the contract selling approximately 35 acres to the County for one dollar as follows: 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 Hearing on increasing the meals tax increase 5 cents to 6 cents. Mr. Hawley advised that following budget work sessions, it was determined that this increase was needed to balance the 08/09 budget. Mayor Wade opened the Public Hearing at 7:22 p.m. Sean ONeal asked Council to reconsider the increase. He advised that businesses were already experiencing a drop in business due to the Volvo lay off and the poor economy in general. He suggested that they tax cigarettes at a higher rate. There being no further comments from the public, the Hearing was closed at 7:23 p.m. Councilman Clark commented that Council had worked diligently on the budget and felt the increase was necessary. He moved to direct staff to amend the current meals tax Ordinance by increasing the tax from five cents to six cents. Councilman Burchett 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 The next item on the agenda was a Public Hearing on the tobacco tax increase. Mr. Hawley advised that the cigarette tax increase was necessary to balance the proposed budget. Three cents of the increase was to offset the loss of the non-smoking tobacco products and cigar tax and two cents was for additional revenue for the 08/09 budget. Mayor Wade opened the Public Hearing at 7:26 p.m. There being no comments from the public, the Hearing was closed. Councilman Talbert moved to amend the current tobacco tax ordinance by increasing the tax on cigarettes by five cents to twenty cents per pack. 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 moved on to the Public Comment period. Diane Collins addressed Council advising that a recent blog on a web site encouraged the public to come up with ideas and solutions for some of the issues faced by the Town. She commented that many citizens have put forth ideas in the past that were either rejected or ignored – some because they were not financially feasible or because of the lack of qualified staff to perform the suggested activities. She added “some of the ideas included ways to save the Town both money and resources by making use of “green” technology, forming a trade school for those that fall through the cracks of the current educational system, and blight elimination by use of inmate labor. These are only a few of the items suggested in the past year”. She requested that for the remaining sessions of the current Council and at the beginning of the new Council, that these and other issues be reevaluated and scrutinized. Councilman Burchett advised of a complaint that he had received regarding speeding on Pierce Avenue. He advised that several property owners had offered to allow the police to park on their lots to monitor the situation. Mr. Hawley commented that perhaps the County’s portable radar could be used on the street and then some enforcement could be added. The Police Chief added that if a citizen is having a problem, all they have to do is call. A petition is not needed. The next item on the agenda was the Consent Agenda. Councilman Penn moved to adopt the Consent Agenda consisting of the minutes of May 6, 2008, seconded by Councilman Worrell and carried on voice vote. The next item on the agenda was Project Updates. Mr. Hawley provided an update for the Trail dedication scheduled for June 7, 2008. The next item on the agenda was the Planning Commission report. Mr. Hawley advised that Mr. Quesenberry had some information to provide to Council regarding the screening ordinance. Mr. Quesenberry advised that the Planning Commission reviewed the request for additional screening requirements. They recommended that the height of the screening be eight feet and recommended against screening requirements for specific uses in the I-2 Industrial District. Councilman Worrell commented that Council had been working on this Ordinance for a long time, and while it wasn’t perfect, he would like to see Council adopt the Ordinance as written and then modify it at a later date if needed. Following extensive discussion, Councilman Burchett moved to adopt the Planning Commission recommendation with the following modifications: Include salvage yards, junk yards and recycling center in the I-2 district. The motion died for lack of a second. Councilman Worrell moved to adopt the Planning Commission recommendation as written, 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, Mr. Quesenberry asked for clarification from Council regarding the research on the question regarding sheep in a recent public hearing. He inquired whether the intent was for the question to be sent back to the Planning Commission as well as his research. He was informed that Council’s intent was to change the wording to grazing animals and wanted Mr. Quesenberry to define grazing animals. Additionally, he was to define the type of fencing allowed. The next item on the agenda was Old Business. Regarding the adoption of a fire protection contract with the County, Mr. Hawley advised that the Attorney had drawn up a new agreement that self-renews every year, but is specifically for a term of five years. Councilman Worrell moved to adopt the Pulaski County and Town Fire Department Agreement, 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, Mr. Hawley advised that the Town discovered that it did not have the authority to impose a tax on tobacco products other than cigarettes. Ordinance 2008-09 reflects that change and strikes that tax from the Tobacco Products tax schedule currently in effect. Additionally, it re-adopts a tax levy on cigarettes. Councilman Clark moved to adopt Ordinance 2008-09, Ordinance Amending the Amount of Tax Levied on the Retail Sale of Cigars and Other Tobacco Products and Re-Adopting Tax Levied on Cigarettes. 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 Ordinance 2008-10, Authorizing a Franchise Agreement with Ntelos. Mr. Hawley advised that Ordinance 2008-10 completes the action of Council. Councilman Worrell moved to adopt Ordinance 2008-10, Authorizing a Franchise Agreement with Ntelos, 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 Virginia’s First. Mr. Hawley advised that Councilman Worrell’s term on Virginia’s First expires on June 30, 2008. Another Council person needed to be appointed to the Committee. Councilman Penn moved to appoint Morgan Welker to Virginia’s First to replace Jeffrey S. Worrell, 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 PDC Impaired Waterways Committee. Mr. Hawley advised that Bill Pedigo would be the staff representative to the Committee. Council needed to appoint a Council member and a citizen to the Committee. There had been no response from the public. Councilman Burchett moved to appoint Councilman Dave Clark and Earl Hagee to the Planning District Commission Impaired Waterways Committee. Councilman Talbert 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 The next item on the agenda was Resolution 2008-12. Mr. Hawley advised that this Resolution completed the action of Council where money was appropriated to fund the contract for the Trail extension. Action was taken in November of 2007; however, this Resolution was needed for this fiscal year. Councilman Worrell moved to adopt Resolution 2008-12, Amending the Budget for the Town of Pulaski, Virginia for the Fiscal Year Beginning July 1, 2007 and Ending June 30, 2008. 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 item on the agenda was Council vacancy. Mr. Hawley advised of the receipt of a letter from Councilman Jeff Worrell, resigning from Council effective June 30, 2008, so that he can assume the Mayor position on July 1, 2008. A replacement Council member will have to be appointed by Council to complete the balance of Mr. Worrell’s term. Per discussion in a Council Work Session, an article ran in the paper notifying the public that anyone interested in being appointed to Council submit a letter of interest and resume to the Town Manager’s office for review by the new Council. Additionally, a display ad will run in the Southwest Times and it will be placed on the Town web site. It will state clearly that Council does not have to accept any of the letters and may choose any qualified voter of the Town to fill the balance of the term. Councilman Talbert moved to direct the staff to run the ad for Council replacement, 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 moved on to New Business. Mr. Hawley advised that Resolution 2008-13, accepted the Trail into the Town system and amended and repealed the action of Resolution 2002-39, that stated the Town will dedicate the Trail to the Commonwealth of Virginia. Councilman Penn moved to adopt Resolution 2008-13, 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 a cooperative loan fund for small business. Mr. White advised that the Town has been working closely with representatives from Pulaski County, the Chamber of Commerce, the New River Valley Development Corporation, Beans and Rice and the Small Business Development Center to make an application (technically Pulaski County would be the applicant) to the Department of Housing and Community Development for their local Innovation Grant program. The funds would be used to develop a revolving loan fund for small business. Additionally, to offer business development classes, technology training and consulting, and coaching and mentoring. He explained the costs and benefits to the Town. He asked that the Town Manager be authorized to write a letter of support for the grant, the intent of which would be to allow $75,000 of the current UDAG funds to be used as a match for Micro Solutions should the grant be approved by DHCD. Following discussion, Councilman Worrell moved to direct the Town Manager to write a letter of support for the grant and if the grant is approved, to move $75,000 from the UDAG fund as part of the match, 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 8:17 p.m., Councilman Talbert moved to enter into Closed Session under Virginia Code 2.2-3711 (A-1) and two items under (A-7). 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 At 8:43 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, the meeting adjourned on motion by Councilman Penn, seconded by Councilman Clark and carried on voice vote.