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HomeMy WebLinkAbout08-04-98August 4, 1998 Minutes of the Town Council meeting held August 4, 1998 at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor John A. Johnston Council Members: James M. Neblett, Lane R. Penn, Jeffrey S. Worrell, Bettye H. Steger, W. Edgar Hale, Joseph L. Weddle, Pauline G. Mitchell, Charles W. Stewart Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager David N. Quesenberry, Asst. to the Town Manager John J. Hawley, Town Engineer Patricia Pendergrast, Clerk Visitors : Lynn Loftus David Cole Angeline Cole G. L. Reeves Ann I. Reeves Ann M. Long Virginia C. Kirkland Cecelia Ann McFaden Jo Ann Davidson Carl E. Hanks Faye K. Hanks Edna Loftus Robert W. Melton Tonya Davis Bryan Davis J. D. Roark W. W. Breedlove Judy Breedlove Evelyn H. Aust Alvertia Quesenberry Timothy Jones Dan Brugh J. R. Schrader, Press Paul Dellinger, Press The meeting was called to order at 4:00 p.m. by Mayor Johnston. Councilman Worrell led the Pledge of Allegiance and Councilwoman Mitchell gave the Invocation. 9824 1 9825 August 4, 1998 At this time, an executive session item (#c) was deleted from the agenda and another item added. Also Councilwoman Mitchell advised that she wished to make some statements and was scheduled under item #10a. Following roll call, Councilwoman Steger made a motion to approve the minutes of July 21, 1998, seconded by Councilman Neblett and carried. encroachment At 4:05 p.m., Mayor Johnston opened the Public Hearing regarding an encroachment Loftus request from Mrs. Edna A. Loftus, 1409 English Forest Road, for a ten foot encroachment on the Town's right-of--way to replace a fence. Shirley Jesse spoke against the encroachment citing safety problems for walkers, vehicle traffic and pets, as well as difficulty in snow plow and delivery truck maneuvering. Lynn Loftus advised that her request had been modified by relocating the fence to its previous original location prior to this encroachment request. Edna Loftus, Carl Hanks, and J. D. Roark, spoke for the request. Mr. Combiths advised that the Director of Public Works will inspect the final installation of the fence and as usual, the Town reserves the right to revoke any rights granted under this encroachment with a 30 day written notice to Mrs. Loftus, her successors and assigns. After discussion, on recommendation from Public Operations Committee, Ordinance 98- 20, Granting an encroachment to Edna Loftus, was approved on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell - No Bettye H. Steger -Aye Charles W. Stewart, Jr. -Aye VDOT Next, Dan Brugh of Virginia Department of Transportation addressed Council regarding the downtown bridge construction schedule. He advised that Washington Avenue bridge is expected to open the first part of September and be completed by the end of October. The completion date for the Randolph bridge to be completed is late spring/early summer of 1999; and the Jefferson bridge by mid-November 1999. Mr. Brugh advised that the updated transportation plan is being reviewed and encouraged Council to submit any comments they may have. He also advised that when funding allocations are received, a determination will be made regarding scheduling of needed projects under the plan. 2 August 4, 1998 9826 Next item on agenda was Comments from the Public. Tim Jones requested assistance Complaint with the wooded area behind Jefferson School that he believes is Town property. He has experienced problems with vandalism and vagrancy among other things. He requested that Town Police patrol that area more often and park there to do their paperwork. Mayor Johnston requested that staff research this problem and report back to Council. Councilman Stewart suggested that staff research and make suggestions regarding closing the area and reverting it to adjacent property owners so they can put up No Trespassing signs and stop unwanted traffic through there. David Cole addressed Council verifying Mr. Jones problem. Next Councilwoman Mitchell advised the public that the Town started demolition today nuisance of 5 buildings that had been condemned by the Town. She also wanted the public to realize that Police Chief Herb Cooley has moved and inquired whether he is covered by Town insurance in non work related traveling. Mr. Combiths advised that Chief Cooley will not be driving a Town vehicle to and from work and would be covered by his own insurance. Councilwoman Mitchell inquired whether the Town has any restrictions regarding double wide trailers. Mr. Terwilliger advised that state law does not allow for differentiation between stick built housing and manufactured housing. As there were no further comments, Mayor Johnston called for Council Committee Reports. UTILITIES COMMITTEE: Chairman Neblett had no report. PUBLIC OPERATIONS COMMITTEE• Chairman Penn updated Council on the Wilson Avenue alley opening. Mr. Breedlove presented Council with a petition to rescind the opening of Wilson Avenue and advised that he was against changing Wilson Avenue. David Cole advised that he would be happy for Town vehicles to turn around in his driveway rather than changing Wilson Avenue. Robert Melton and Brian Davis also spoke against opening Wilson Avenue. alleys 3 9827 August 4, 1998 Mr. Combiths advised Council that staff would get with the neighbors and discuss the plans with them, come to a consensus and report back to Public Operations Committee. Mr. Stewart requested that the Public Works Director make certain that there is no wash down under Mr. Cole's property. sidewalks Chairman Penn advised that staff will prepaze a phase plan of sidewalk installation to VDOT standards and the possible use of Federal and/or state funds to provide for a Town transit transit system. system Mayor Johnston advised that there is a Transportation Seminar to be held August 11, 12 and 13 in Blacksburg, VA. and encouraged attendance. alley closing Councilman Neblett made a motion to adopt Ordinance 98-13, closing an undeveloped alley section between Fourth St., NE and Bank St. between lots 8 and 17, section 51, block 246 (File 3-98), seconded by Councilman Worrell and cazried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Chazles W. Stewart, Jr. -Aye alley closing Councilman Hale made a motion to adopt Ordinance 98-14, closing a portion of an undeveloped street known as Bank St. running west-east through Block 246, Section 51, from Franklin Ave. to Walnut Ave (File 4-98), seconded by Councilman Worrell and cazried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Charles W. Stewart, Jr. -Aye alley closing Councilman Weddle made a motion to adopt Ordinance 98-15, closing a portion of an undeveloped street known as Bank St. running east-west through part of Block 239, Section 51, from Lafayette St. westward 150 feet (File 5-98), seconded by Councilman Worrell and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Charles W. Stewart, Jr. -Aye 4 August 4, 1998 9828 Councilman Neblett made motion to adopt Ordinance 98-16, closing an undeveloped alley closing alley portion parallel to Riverview Rd. between lots 2,3 and 4 in Section 130, and lots 4,4a, 4b and 6 in Section 32, Block 74 (File 6-98), seconded by Councilman Worrell and carried on the following recorded vote: James M. Neblett -Aye W. Edgaz Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Charles W. Stewart, Jr. -Aye Councilman Neblett made motion to adopt Ordinance 98-17, closing an undeveloped alley closing alley portion running northwazd from Fourth St., NE to Stuazt Ave. through Section 7, Block 181 (File 7-98), seconded by Councilman Worrell and cazried on the following recorded vote: James M. Neblett -Aye W. Edgaz Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Chazles W. Stewazt, Jr. -Aye Councilman Neblett made motion to adopt Ordinance 98-18, closing undeveloped alley closing portions of Stuazt St. and Spruce St., where they were platted to intersect appurtenant to Lot 9, Block 176, and other lots (File 8-98), seconded by Councilman Worrell and cazried on the following recorded vote: James M. Neblett -Aye W. Edgaz Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Charles W. Stewazt, Jr. -Aye Councilman Neblett made a motion to adopt Ordinance 98-19, closing an undeveloped alley closing right of way between Bryant Circle and Oak Lane (File 10-98), seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Jeffrey S. Worrell -Aye Bettye H. Steger -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Chazles W. Stewazt, Jr. -Aye ORDINANCE COMMITTEE: Chairwoman Steger had no report but advised that she has received many complaints nuisance about brush pickup. Mr. Vest, of the Pulaski County Service Authority advises that they are three to four months behind in brush pickup. 5 9829 August 4, 1998 After discussion, Mr. Terwilliger advised that he would research the contract with PSA and report back to Council at the next Council meeting. FINANCE COMMITTEE: Chairman Weddle advised that Finance Committee met August 3, 1998 and discussed ordinances Ordinance 98-12, increasing fees imposed for water service reconnections and adult recreation. After discussion, Committee recommended approval of Ordinance 98-12 and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Charles W. Stewart, Jr. -Aye Mr. Weddle advised that Committee received an update from staff on the Regional Industrial Authority and adoption of an Ordinance authorizing the membership of the Town in the Authority will be discussed at the September 1, 1998 Town Council meeting. PLANNING COMMISSION: Councilman Stewart advised that Planning Commission met July 27, 1998 for work planning session for possible changes to Zoning ordinance and have scheduled another work commission session for September 14, 1998 at 5:30 p.m. Following the work session, Commission conducted a Public Hearing for Carroll and Ethel Witt for subdivision of a lot located at 3814 Bob White Boulevard. After discussion, Commission tabled the request until staff could gather data concerning sewer hook-ups and possible subdivision ordinance governing use of the lot. HUMAN RESOURCES COMMITTEE: Chairman Hale had no report. SAFETY COMMITTEE: Councilman Penn had no report, but advised that he had attended a safety meeting at VML. He advised that the 2 in 2 out fire fighting rule is now law. VML plans to request that the state fund Resource officers in the schools on a permanent basis, rather than with grants. MAYOR'S REPORT: Mayor Johnston advised that he has given Council a packet of information regarding House Bill 599 dealing with monies being reimbursed to governments for police business and Freedom of Information Act for their perusal. 6 August 4, 1998 9830 Mayor Johnston advised that there is little activity scheduled for the August 18, 1998 regular Town Council meeting. Councilman Neblett made a motion to cancel the regularly scheduled August 18, 1998 meetings Town Council meeting, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Charles W. Stewart, Jr. -Aye Councilman Stewart made a motion that Council revise the list of priorities regarding expenditures from the Crestar note to reflect a priority of the Case Knife Road water problems, seconded by Councilman Penn. Mr. Combiths advised that the Town is currently waiting for an application from the state for a possible zero interest water financing program that he would like to review before a final decision is made regarding Case Knife Road water problem. Mrs. Mitchell advised that she would like to see the Case Knife Road water problem solved before winter. water department Councilman Weddle inquired whether adopting Councilman Stewart's motion would invalidate the possibility of the water financing loan from the state. Mr. Combiths advised that he could not answer that question until he saw the application. After discussion, Councilman Neblett made a substitute motion to refer this issue to Finance Committee for review, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Jeffrey S. Worrell -Aye Bettye H. Steger -Aye TOWN ATTORNEY'S REPORT: Mr. Terwilliger had no report. W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell - No Charles W. Stewart, Jr. - No 7 9831 August 4, 1998 TOWN MANAGER'S REPORT: Mr. Combiths reviewed the Projects Update including the northwest corner of 4th St. and Randolph Avenue nuisance abatement. He advised that painting and cleaning of this structure is past the 45 day time limit. Town will be sending a contractor to clean it up and billing the property owner. Regarding the New River Trail, a phone call was received from the State Department of Recreation indicating their assurance that the ISTEA funds and the State Bond Issue of 1990 are secure through the year 2000. Also the Department of Environmental Quality is testing soil conditions and indicated that a letter should be received within the next week to two weeks with results. The State Department of Recreation indicated that they would like to come back to the Town and meet with Town officials on putting together a strategic plan to complete this project. Councilwoman Steger asked Councilman Weddle whether yard sale signs can be placed on AEP poles. Councilman Weddle advised that it is a safety hazard for AEP employees and asked that citizens not place signs on AEP poles. After discussion, Mr. Terwilliger stated that he would bring the existing sign ordinance to the next Council meeting for discussion. At 5:30 p.m., Councilwoman Steger made a motion to enter Executive Session regarding 2.1-344 (A3), Acquisition of land for public purpose, and 2.1-344 (AI), Personnel matter specific individual, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Charles W. Stewart, Jr. -Aye At 6:05, Council returned from Executive Session and adopted Certification Resolution motion made by Councilman Penn, seconded by Councilwoman Steger and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Jeffrey S. Worrell -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye Charles W. Stewart, Jr. -Aye At 6:06 p.m,, meeting was adjourned on motion by Councilman Neblett, seconded by Councilman Penn and carried. 8