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.
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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.
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August 4, 1998
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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
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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
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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.
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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.
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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
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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.
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