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HomeMy WebLinkAbout10-06-92October 6, 1992 9165 Minutes of the regular meeting of the Pulaski Town Council held October 6, 1992, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: Charles D. Crispin, J. R. Schrader, Jr., Roy H. D'Ardenne, W. H. Schrader, Jr., Andrew L. Graham, Elbert G. Black, Jr., Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Chief Joe Williams Geri Young Vanessa Hill Barry Buckner J. T. Back Gail Mitchell Brenda Conner Bettye Steger Tad Steger Don Rhinehart, Fralin & Waldron Christi Williams Mildred Bolen The meeting was called to order by Mayor Hancock. Vice Mayor W. H. Schrader led the Pledge of Allegiance with the Invocation being given by Councilman D'Ardenne. Following the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of September 15, 1992, be approved as submitted, seconded by Councilman Crispin, and carried. POLICE DEPT. Mayor Hancock advised that he was pleased to announce that last week our Police Department received a Governor's Award for its Community Crime Prevention Program. The award, which was the only one given to a Town in the Commonwealth, recognizes communities, businesses, and organizations that have made significant contributions to crime prevention. Mayor Hancock recognized Joe Williams, Chief of Police, Lt. J. T. Back, Lt. Barry Buckner, Vanessa Hill, Bettye Steger, Tad Steger, Geri 6, POLICE young, Gayle Mitchell, and Brenda Conner, and expressed his DEPT. appreciation, and the Town Council's appreciation to Mrs. Steger, all of (Con't) the citizen volunteers and the members of the Police Department who have given the Town countless hours to make these programs such a success. Mrs. Steger, Chief Williams, and Lt. Buckner also expressed appreciation to all the Town employees and Town citizens for the many hours spent on crime prevention programs. INDUSTRIAL Mayor Hancock stated that Resolution concurring with Industrial DEV. Development Authority of Pulaski County was to be considered and as a AUTH. partner in his law firm was involved in this matter, he excused himself RETIRE- from presiding over this portion of the Council meeting. MENT FACILITY Vice Mayor Schrader advised that Resolution No. 92-22 Concurring with Industrial Development Authority of Pulaski County regarding the Issuance of Retirement Care Facility Mortgage Revenue Refunding Bonds for Pulaski Retirement Community would be considered. Mr. Don Rhinehart, representing the Pulaski Retirement Community, advised that the Industrial Development Authority of Pulaski County had held a public hearing on September 28 on their request to refund the bonds and the Board of Supervisors had acted on this matter on the 28th. Mr. Rhinehart asked for Council's concurrence on the resolution. Councilwoman Holston so moved that reading of Resolution be waived, seconded by Vice Mayor Schrader and carried. Councilwoman Holston made a motion that Resolution No. 92-22 be adopted, seconded by Councilman Crispin and carried on the following recorded vote: RESOLUTION Charles D. Crispin - Aye Andrew L. Graham - Aye ADOPTED J. R. Schrader, Jr. - Aye Elbert G. Black, Jr. - Aye Roy H. D'Ardenne, Jr. - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye There being no further comments from the public, Mayor Hancock called for Council Committee Reports. PUBLIC & PERSONNEL RELATIONS Chairman J. R. Schrader reported that the Personnel Committee had met October 1, 1992, and entered into executive session to discuss specifically named individuals for possible reappointment or appointment to the Planning Commission and the Parking Authority. NR RESOURCE The committee also discussed a possible alternate to the New River Valley Resource Authority. Although the Town does not have a seat on the Authority, Pulaski County has traditionally designated one of its seats to a Town representative. The Town is currently represented by Town Manager Don Holycross. PPT.PLAN. Chairman Schrader so moved, seconded by Councilman Glenn and & PARKINGcarried, that Joe Weddle be reappointed to the Planning Commission for a AUTH. four year term; that Pam Jones be reappointed to the Parking Authority October 6, 1992 9167 APPT. RESOURCE AUTH. for a five year term; and that Town Council recommend to Pulaski County that Councilman Crispin be appointed as alternate to the New River Valley Resource Authority. FINANCE COMMITTEE Chairman W. H. Schrader had no report. UTILITIES COMMITTEE WATER Chairman Graham advised that staff was investigating the water pressure in Pearce place, and requested that a report be brought back to Council. PUBLIC OPERATIONS COMMITTEE Chairwoman Holston had no report. ORDINANCE COMMITTEE CABLE TV Chairman Glenn reported that the Ordinance Committee had met October 1, 1992, and the Cable TV Re-Regulation Bill was discussed. Congress has passed the bill, with the bill being vetoed by the President. In the past, the Town Council has had very little control over rates. Mr. Holycross stated that the Town Council will have more authority over the basic tier only. Mr. Terwilliger has a copy of the final bill, and a summation will be made, but the FCC has got a lot of authority and the regulations will not be promulgated for sometime. Until the regulations are promulgated and we see what type of authority they turn over to the localities, we will not know exactly how to deal with this. RESOLUTIONS Chairman Glenn reported that the committee had discussed Resolution No. 92-23 Endorsing and Encouraging Public Support for the Parks and Recreation State Bond Issue; Resolution No. 92-24 Endorsing and Encouraging Public Support for the Higher Education State Bond Issue; and Resolution No. 92-26 Urging the General Assembly to enact House Bill 777 relating to urban highway construction funds. Councilman J. R. Schrader so moved that reading of Resolution No. 92-23, Resolution No. 92-24 and Resolution No. 92-26 be waived, seconded by Councilman Glenn, and carried. Councilwoman Holston so moved that Resolution No. 92-23, Resolution No. 92-24 and Resolution No. 92-26 be adopted, seconded by Councilman Glenn. Mayor Hancock advised that the Town has a strong interest in the Parks' issue because we would be getting the money that would be sufficient to connect the New River Trail to the Train Station. He further stated that Pulaski County should be very proud that we are so well represented in this issue. Councilman Glenn advised that $3M is earmarked for the Claytor Lake State Park. Councilwoman Holston stated that Town Council should be working for passage of this bond issue. Mr. Holycross advised that one-half million dollars is earmarked 9168 October 6, 1992 specifically in the bond issue for improvements to the New River Trail State Park. This includes $190,000 to extend the trail into Town and the balance of the money is for two staff residences as well as water and sewer improvements. Resolutions Motion then carried on the following recorded vote: adopted bond Charles D. Crispin - Aye Andrew L. Graham - Aye issues J. R. Schrader, Jr. - Aye E. G. Black, Jr. - Aye Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye resolution Mayor Hancock stated that before Council was Resolution No. 92-25 mental Endorsing and Encouraging Public Support for the Mental Health State health Bond Issue. Councilman Crispin so moved that reading of Resolution No. 92-25 be waived, seconded by Councilman J. R. Schrader and carried. Councilman Crispin made a motion that Resolution No. 92-25 be adopted, seconded by Councilman Glenn and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye Elbert G. Black, Jr. - Aye Roy H. D'Ardenne, Jr. - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye Chairman Glenn stated that the issue of mental health was very important to our citizens. Mayor Hancock stated that at one time the lottery was supposed to pay for a lot of things, however, the monies were used to support the general fund and support was not available. ~1 AMEND. TO Chairman Glenn reported that the Ordinance Committee reviewed ZONING Ordinance No. 92-14, Amendments to the Zoning Code to Allow Expanded CODE Warehousing and Light Industrial Uses as Conditional Uses in the B-2, General Business Zoning District. Mr. Holycross discussed the minor changes in the language of the ordinance that had been made since Council last discussed the ordinance on August 18. Chairman Glenn so moved that reading of Ordinance No. 92-14 be waived, seconded by Councilman D'Ardenne and carried. For purposes of discussion, Councilman Glenn made a motion that Ordinance No. 92-14 be adopted, seconded by Councilman W. H. Schrader. Councilman Glenn expressed reservations about this ordinance. Sometimes governing bodies look toward a short term remedy to a long term problem. Going into a B-2 business district that is predominantly retail oriented, and look to other methodologies to serve the landlords' immediate needs and our needs for tax base, jobs, etc. It is appropriate to consider an ordinance such as 92-14, however, the long term effect could come back to haunt us as the governing body. Once a decision is made, it is very hard to reverse. October 6, 1992 9169 ZONING AMENDMENTS DISCUSSED Councilman D'Ardenne felt that Council had the opportunity to enact a code change for the B-2 general business zoning district that could be a great benefit for the Town for many years to come. If the ordinance is approved, it will provide increased flexibility to fill the empty buildings in our B-2 zones. Very little control will be lost. An applicant would request a rezoning and come before the Planning Commission and Town Council and have a public hearing for both a rezoning and also a conditional use request. An interested party can apply for a rezoning and if the changes are approved, the party will apply for a conditional use. The basis for both decisions is identical. In both cases if we deny the request, we must do so for reasons that can be supported in a court of law. Council legally cannot impose restrictions; it can only consider proffers made by the applicant to impose conditions upon him or herself. If the party requests a conditional use, Council can impose any conditions necessary to meet the criteria outlined in the ordinance. Councilwoman Holston stated she supported the proposed ordinance. She stated that Pulaski is a depressed area and that we have over 110 unemployment. Labor analysis indicates that for every manufacturing job created, that five additional jobs could be created. If a light manufacturing firm hired twenty people, that could mean that 100 additional jobs could be created. Also, the Town would get tax revenue from the owner of the building and also from the company. Economic times call for Council to have a positive attitude. Councilwoman Holston felt this ordinance was a tool to help us get manufacturing jobs in the Town. Councilman Crispin also had reservations about the enactment of this ordinance. He felt that the people who have businesses in those areas that are presently zoned B-2 have not been properly advised as to the effect on their particular business and have not been given proper opportunity to provide inputs. He stated that most of the areas that we are talking about are owned by absentee companies and the merchants that have their businesses in these particular shopping centers are not the ones that will make the decisions; it will be the owners of the shopping centers. He had not heard anything from merchants that indicates that they are in favor on this ordinance. Councilman Crispin also felt that we could not guarantee the merchants in close proximity to the businesses that are locating there that we can enforce all of the provisions of the particular ordinance. Councilman Graham stated that we do need jobs and this will have long range effect. It bothered him that we had not contacted the merchants in the shopping centers that they would be affected by this. Councilman Graham made a substitute motion that Town Administration contact merchants in the shopping centers and take this up at a later date. Motion seconded by Councilman Crispin. Mayor Hancock stated that Ordinance had been clarified which left it in the sole discretion of Council as to whether or not a prospective business would be able to go into a particular site. Passing the ordinance does not necessarily mean anything is going to happen. It could mean that someone who is interested in one of the buildings, they 9170 October 6, 1992 would come forward and ask for a conditional use and then we would have to determine whether or not the use they wanted to put the building to would be appropriate or not. Mayor Hancock stated that he felt the citizens were adequately protected. Councilman W. H. Schrader stated that he looked at the ordinance as a economic development tool that Administration could use to communicate with prospective businesses wanting to come into Pulaski. He felt it was much better to have this ordinance on the books available to be used than to need it and not have it. Councilman J. R. Schrader agreed with the remarks of Councilman W. H. Schrader and the way we move sometimes is rather slow. If there wa a prospect that needed some immediate information, this would give the administration an opportunity to go forward. Councilman Crispin felt the time delay was not going to be alleviated and he was concerned about hazardous products within the buildings. Councilman Graham's substitute motion failed on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - No E. G. Black, Jr. - No Roy H. D'Ardenne - No Alma H. Holston - No W. H. Schrader, Jr. - No Robert N. Glenn - No Motion to adopt Ordinance No. 92-14 carried on the following recorded vote: ZONING ORDINANCECharles D. Crispin - No Andrew L. Graham - No 92-14 J. R. Schrader, Jr. - Aye E. G. Black, Jr. - Aye ADOPTED. Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - No Chairman Glenn stated that the Ordinance Committee had also discussed topics that had been brought to Council's attention by Councilman D'Ardenne on the Town Charter, Rules and Procedures. Team Building Workshop and Environmental Committee. During the committee meeting, it was decided that due to the fact that the General Assembly's timetable for trying to get any changes to our Charter would be fast approaching, that if any changes are to be instituted, they would not be done until the 1993 General Assembly. Chairman Glenn reported that the Ordinance Committee had planned to schedule a meeting on the Town Charter, and then Rules and Procedures. The Committee had also instructed the Town Manager and Mayor to look into the Team Building Workshop concept, and then the Committee was going to get further information from both VML and Mrs. Holston on the Environmental Policy Committee. TOWN CHARTER Councilwoman Holston stated she had read the Town Charter again and she saw no reason for any changes in the Charter, and so moved that Council leave the Charter as is and that we do not have a meeting to review, seconded by Councilman W. H. Schrader. October 6, 1992 9171 ~ TOWN CHARTER, Cont. [i ~~ Councilman Graham stated that he knew of no changes that he would like to bring to Council regarding the Charter. Councilman Crispin also expressed that he was satisfied with the Charter. Councilman J. R. Schrader expressed that he could vote to reduce the number of Council Members if that is what is wanted. Councilman D'Ardenne stated it was brought to Council's attention because anytime you could take a look at a document, particularly when it governs the Town, and eight Council Members are reviewing it, you can't help but to find ways to improve the document. If Council refused to take a look at it in joint session, we are doing ourselves a disservice, Council a disservice and are also doing a disservice to our citizens. There are things in the Charter that need to be discussed. Councilwoman Holston stated that Council Members have not refused to look at the Charter. They have read and reviewed the Charter and there is no use to discuss if no problems are found with it. Chairman Glenn stated that Councilman D'Ardenne, in his reading of the document or items he wished to bring forth, to please feel free to do so. He felt that the Committee would take a look at any specific item that Councilman D'Ardenne might have a problem with or that the Administration had a problem with. Mayor Hancock stated that there was a feeling that Council did not need to sit down in a meeting and go through the Charter line by line, but that there are some who feel that we need to address certain issues that are presented in the Charter and he thought we had already agreed to do this. Mr. Terwilliger stated that basically, Council had two separate issues; one is that a motion was made in a prior meeting in which Council referred the matter to committee and now wants to rescind the motion and take it out of the hands of the committee. That would be one issue. To do this would require a two-thirds vote. In the language of Mrs. Holston's motion, if she is intending to bar any Council Member from suggesting any Charter changes at anytime, he did not feel that this was within the power of this body as a whole to grant. He felt that any Council Member at anytime, can make a motion as to a proposed change. Whether the Council votes it up or down is another matter. But, it was not in the Council's authority to bar discussion on a particular subject. Councilwoman Holston read "that the Ordinance Committee recommends that the committee schedule a meeting in November to review the Town Charter". She assumed that Council had read the Charter as a copy was distributed to study and see if they found anything wrong with it. Mr. Terwilliger advised that the meeting itself was set by the committee for the committee so in order to cancel the committee meeting; either the committee itself would have to cancel its own meeting or Council would have to take it out of the hands of the committee which would be rescinding its prior action. Mayor Hancock then ruled Councilwoman Holston's motion out of order. 9172 October 6, 1992 (CHARTER, Cont. Mayor Hancock stated that we have a motion in front of Council from the Ordinance Committee that the committee schedule a meeting in November to review the Town Charter. (No second is needed when a recommendation is made from committee). Motion failed on the following recorded vote: Charles D. Crispin - No Andrew L. Graham - No J. R. Schrader, Jr. - No E. G. Black - No Roy H. D'Ardenne - Aye Alma H. Holston - No W. H. Schrader, Jr. - No Robert N. Glenn - No Mayor Hancock stated if there are any specific matters with regard to changes in the Charter that come up from any member of Council, then we will treat it like any other motion. Mayor Hancock advised that Council had a motion that did not need to be seconded from the Ordinance Committee with regard to having a meeting to review Rules and Procedures. Motion failed on the following recorded vote: RULES & Charles D. Crispin - No Andrew L. Graham - No ES J. R. Schrader, Jr. - No E. G. Black, Jr. - No Roy H. D'Ardenne - Aye Alma H. Holston - No W. H. Schrader, Jr. - No Robert N. Glenn - Aye Mayor Hancock advised if there are any specific changes for things that need to be changed by any Member of Council, that they would take those up and refer to the Ordinance Committee. Councilwoman Holston distributed information that she had received from Virginia Municipal League, Environmental Policy Committee. She asked that Council review those items indicated to be changed. PLANNING COMMISSION COMMISSncilman D'Ardenne reported that the Planning Commission had met on September 21, 1992, and approved the preliminary plat of the subdivision of a lot on Pleasant Hill Drive (Tax Map No. 063-025-000-27} submitted by the estate of Howard C. Gilmer, Jr., deceased. He stated that the subject parcel, Lot 27, is 4.437 acres and is located behind the Pulaski Retirement Community. The parcel is currently undeveloped and is zoned R-1 (Residential). Lot 27 was subdivided into Lot 27-C (1.96} acres and a new lot 27 (2.47 acres}. Since the Planning Commission did not attach any conditions to the preliminary plat, it became the final plat. The Town Engineer approved the final plat and the applicant recorded the subdivision. Councilman D'Ardenne further reported that Mr. Wayne Ratcliffe obtained a building permit to construct a new single-family residence on Lot 27-C. MAYOR'S REPORT October 6, 1992 9173 COUNCIL SEMINARS Mayor Hancock reported that on planned Council seminars, at present three are planned, 2-2-112 hours each; 1} Conflict Resolution, 2) Building Communication Skills and Team Building, and 3) Meeting Management (suggested by VA Tech). Council Members felt that meetings should be scheduled for Saturdays when possible. During the scheduling of these meetings, Mayor Hancock suggested that goals and objectives developed last year could be reviewed, and a Planning Session then scheduled. Mayor Hancock requested that Council advise him of other topics they would like to review. Mayor Hancock reported that he was in receipt of correspondence from the Wallner family regarding the placing of the monument in Jackson Park. TOWN ATTORNEY'S REPORT COUNT PULASKIMr. Terwilliger had no report. DAY Councilman Crispin questioned the fees charged for vendors in Jackson Park for the Pulaskifest, and advised that vendors did not show up because of the additional costs involved. Councilman Crispin asked for clarifications on why the fees were increased, who gets the money, and who is the corporation that he did not know about. Mayor Hancock stated that by the time he and Mr. Holycross found out about the increase in fees, the committee had already met and established everything for this year so there was very little they could do about it. The Town does not make any charges for the park, but years ago the Count Pulaski Day organization, the Town and County being a part of it, and it was felt that it would be better rather than the two governments, along with volunteers, doing this project, that they form their own organization. They apply to use the park but the committee organizes all the events. The Town has a representative on the committee. Perhaps we could meet with the committee prior to next year's event but he did not know if we have any control over this matter. Mayor Hancock felt that the committee had done an outstanding job through the years in sponsoring this event through volunteers. Councilman Crispin also questioned the use of Town employees and if the organization paid any of the Town employees. Councilwoman Holston advised that she had the committee held and the committee knew it h but it was too late to make changes. She felt these problems would be encountered next year. stated she did not feel the committee had made involved in scheduling this event. TOWN MANAGER'S REPORT attended the last meeting ad encountered problems that she did not feel Councilwoman Holston a profit, there are costs Mr. Holycross reported that the Town Offices would be closed Monday, October 12, in observance of Columbus Day. Mr. Holycross advised that at the next Council Meeting, to be held October 27, we will have a public hearing for two conditional uses; 1) Agency on Aging to move their offices to the former Tyler Drug Building, I 1 9174 OCTOBER 6, 1992 and 2} County to use the former Hub Furniture Store as temporary offices and court facilities. Both these moves require conditional use approval by the Council. These public hearings will be held jointly with the Planning Commission. At 5:31 p.m. Councilwoman Holston made a motion that Council adjourn, seconded by Councilman J. R. Schrader and carried. Attest: Ruth A. Harrell, Clerk APPROVED: ~~(~` Mayor