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HomeMy WebLinkAbout09-02-08 Minutes of the Town Council meeting held Tuesday, September 2, 2008 in the Council Chambers of the Municipal Building. There were present: Mayor Jeffrey S. Worrell Council: David L. Clark, Larry G. Clevinger, II, H. M. Kidd, Joel B Burchett, Jr., Robert A. Bopp, Morgan P. Welker Staff: John J. Hawley, Town Manager R. D. Warburton, Town Attorney Patricia Cruise, Clerk of Council David N. Quesenberry, Asst. to the Town Manager Sherry D. Boyd, Finance Director John White, Economic Development Director Dave Hart, Parks and Facilities Barbara Tate, Community Relations Director Gary W. Roche, Police Chief Anthony Meredith, Police Captain Others: Mickey Seagle Bill Warden Charles R. Bopp Earl Hagee P. Sean Oneal Heather K. O’Dell Patricia Aust Weeks Jane Amburn Rev. W. L. Covey Marcie Worrell Nick Glenn Betty Quesenberry Sheila D. Nelson Janie Hurd Akers Pat Lehmkuhl Clark Payne Kevin Litten, Press Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Kidd led the Pledge of Allegiance and Councilman Burchett gave the Invocation. Following roll call, Councilman Clark moved to add item 12c, Use of the trolley, to the agenda. Councilman Clevinger seconded the motion and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell advised that the Employee of the Month announcement would be made at the September 16, 2008 Work Session. He moved on to the first Public Hearing, which was the reconvening of a public hearing regarding a zoning amendment to allow grazing animals in the R-1 Residential District. David Quesenberry advised that the previous Council had referred the request to the Planning Commission for consideration of a general regulation for keeping grazing animals in the R-1 Residential District. He reviewed the request for the zoning amendment. The Planning Commission met and recommended that only two types of grazing animals be allowed: horses/ponies and sheep. The restrictions for horses/ponies were one animal per two acres and one acre for each additional animal with a maximum total of animals restricted to three. Regarding sheep, the restriction was three animals per acre; one acre for two additional sheep and the maximum total of sheep being five. The required minimum acreage was for the exclusive use/boarding of the animal. The calculation of acreage for keeping an animal shall not include areas for residences, yards, or structures. Additionally, any structure used to shelter animals permitted shall be a minimum of one hundred feet from the side and rear lot lines and the primary residence on the property. No structure shall be placed past the front setback line or in the required front yard of a residence. And finally, all acreage used for the care and confinement for permitted animals shall be fenced with lawful fencing as defined in the Code of Virginia Discussion ensued and suggestions made to change the wording in a-1 to substitute horses and ponies for the word animal and in a-2 to substitute sheep for animal. Additionally, for item b, to remove the words for the shelter or maintenance of the animal from the last sentence. The final recommendation was to include the wording that keeping of horses and ponies or sheep, but not both shall be permitted. Mayor Worrell opened the Public Hearing at 7:13 p.m. Mrs. Pat Lehmkuhl addressed Council advising that she and her husband wished to raise sheep on their property. She advised that there were no neighbors on three sides of the property and vacant land behind them. She asked Council to approve the requested exception. There being no further comments, the hearing was closed at 7:15 p.m. Councilman Welker moved to direct the staff to prepare the proper documentation to amend the zoning amendment to allow grazing animals in the R-1 district as recommended by the Planning Commission with the above mentioned changes. Councilman Burchett seconded the motion and it carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell moved on to the next Public Hearing, which was a request for a special exception to operate a theater at 14 West Main Street. Mr. Quesenberry explained that the grandfathering that allowed the theater to operate had lapsed. The Friends of the Theater was requesting a special exception to operate a theater at 14 West Main Street. The Planning Commission reviewed the request and recommended approval and did not recommend any additional conditions be placed on the Theater. Mayor Worrell opened the Public Hearing at 7:22 p.m. There being no comments from the public, the hearing was closed. Councilman Clark moved to grant the special exception to operate the Theater at 14 West Main Street, seconded by Councilman Burchett and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye The final Public Hearing was a request from the Town for a rezoning of parcels on the east side of North Washington from I-2 to B-2. Mr. Quesenberry advised that in reviewing the zoning for a potential business, staff discovered that a portion of North Washington was zoned I-2, Industrial, which does not permit commercial businesses to be built. The intent of this rezoning is to bring this area into the character of the surrounding area. Mayor Worrell asked whether the businesses that are currently operating in that piece of land were grandfathered? Mr. Quesenberry answered that he felt this would bring them into compliance. Mayor Worrell opened the Public Hearing at 7:25 p.m. There being no comments, the hearing was closed. Councilman Welker moved to accept the recommendation to rezone the parcels on the east side of North Washington Avenue from I-2 to B-2. The motion was seconded by Councilman Clark and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye The next item on the agenda was the Public Comment period. Sean O’Neal addressed Council requesting that Council appoint someone to become a member or sit in on the meetings of the New River Valley Youth Center. They felt it would foster transparency, communication and cooperation between the Youth Center and the Town Council. Mayor Worrell asked the Town Attorney whether Council could do this. Mr. Warburton advised that Council could do so if they wished, however, he advised that any member of Town Council who serves on another Board would not be able to vote when there was something regarding the Youth Center before Council. Mr. Hawley asked if the Board was looking for a staff member or a member of Council? Mr. O’Neal advised that would be Council’s choice. Mayor Worrell suggested discussing this further at the next Council Work Session. The next speaker was W. L. Covey. He advised of a twenty foot alley beside his house that needed asphalt. He spoke of a neighbor having to drag all of her trash down to the main road to get her trash picked up. If the alley were asphalted, the trash could be picked up in the alley. Additionally, he advised that a street light was needed in front of his house. Mayor Worrell directed staff to check out the problem and call Mr. Covey. Next, Councilman Burchett commented that he had visited the Ratcliffe Museum and visited with Evan Collins, who was running the trains. He learned that Evan had not seen Dr. Brockmeyer’s train set. He asked whether an arrangement could be made to allow Evan to see Dr. Brockemeyer’s train set. Additionally, Councilman Burchett commented that the temporary fencing of Cool Springs had begun for the fall games. He suggested that Council look at making the fencing permanent. He also suggested asking the County and School Board to assist with the cost. Councilman Burchett also inquired into the status of the frontier village built by Randall Jones. He spoke of the disrepair of the village. Mayor Worrell asked staff to contact Mr. Jones and find out the status. Next, Councilman Clevinger moved to adopt the Consent agenda consisting of the minutes of August 5, 2008; Resolution 2008-23, Authorization to Pick Up Employees VRS Contribution and Resolution 2008-24, Appointing Members to the PRHA. The motion was seconded by Councilman Burchett and carried on voice vote. Councilman Welker moved to adopt Ordinance 2008-15, Granting a Special Exception for a Youth Center, seconded by Councilman Burchett and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye The next item on the agenda was RF Meters Payback. Mr. Hawley advised that the meter bids had been received the previous Friday and staff was reviewing them to see which met the criteria of the bid request. Additionally, staff was working to determine the projected revenue increase when the meters are installed and planned to have the information by the September 16, 2008 Work Session. Discussion ensued and two items were added for staff to review prior to the next Work Session: to gather information for water usage to be read at one hundred gallon increments and also to look into incorporating individual meters for each apartment in Town. Mayor Worrell moved on to golf cart engineering study costs. He advised that Council had decided at a previous meeting that golf carts could not be allowed on streets unless they would not impede traffic and a traffic study would have to be done to make that determination. Staff had been directed to gather information regarding a traffic study. Mr. Warburton clarified that he had recommended that Council could not adopt an alternative vehicle structure without some engineering to back it up. Mr. Hawley advised that he had contacted three local engineering firms regarding the study for allowing golf carts on streets in the Town. Additionally, staff reviewed the criteria provided by the Hampton Engineering department to evaluate streets. He explained that in order for an engineering firm to certify that a street is okay for a golf cart, they are putting their name and their liability insurance on the line. Therefore, they would have to do a detailed study before making that recommendation. He advised that an estimate of cost was one thousand dollars per street. Councilman Burchett commented that the Mayor of Colonial Beach told him that VDOT might do the study and asked if the Town Manager knew if that was accurate? Mr. Hawley advised that he was not aware that VDOT would participate in anything within Town limits. However, if Council wished, he would contact them and ask them if they’d be willing to do the study. Councilman Welker commented that he had been supportive of the idea of golf carts on the streets, other than having to change the speed limits. However, since he had more information, there were other options that are already road ready and he was no longer supportive of the idea. He added that by the time a study could be completed, alternate transportation would be available. Councilman Kidd commented that if you could beef up the safety and speed of the golf carts, it could work. Mayor Worrell agreed with Councilman Welker that alternate fuels and alternate transportation would be available in the near future. Mr. Hawley reminded Council that they had decided not to limit low speed vehicles on thirty five mile per hour roads. Therefore, if the vehicle was registered and street legal, it was legal to drive it. Mayor Worrell moved on to covered bridge – New River Trail Extension. Mr. Hawley advised that included in the packet was an architects rendering of a covered bridge proposed by Mark Debusk to be built on the Trail. Council had previously reviewed this idea and determined that while they would love to do it, there was no budget money available. Mr. Debusk was now suggesting that he try to recruit donations to build the bridge. Mayor Worrell confirmed that Mr. Debusk was saying that he would try to recruit the labor and donations to build the bridge and advised that he was behind him all the way. Mr. Debusk provided some back ground and advised that he was not in a position to donate the bridge. However, he was willing to ask for donations to get it done. He needed Council’s approval as the bridge would be on Town property. Following discussion, the consensus of Council was to allow Mr. Debusk to go forward with the project. The Mayor commented that staff could help with solicitation. Mayor Wade moved on to Old Business. The first item was Classification Plan Grade Revisions. Mr. Hawley advised that Council previously approved the eight step compensation plan for the employees. Additionally, they provided funds for a “Compensation & Benefit Survey” which has been completed and returned. Staff had been directed by the Manager to review the grade assigned to each position in their department and determine if changes needed to be made. Several grade changes were included in the packet for Council’s review. More would be forthcoming as each department was reviewed. The Police Department intended to implement the grade changes and the compensation changes as soon as possible if Council approved them. Following extensive discussion, Councilman Clark moved to change the grade on the Computer Technician to Grade 9; Chief Dispatcher to Grade 9; Police Officer to Grade 9 and Dispatcher to Grade 8. Councilman Bopp seconded the motion and it carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell moved on to Resolution 2008-21, Adopting the Pulaski County Tourism Strategic Plan. He advised that Council had previously directed staff to prepare this Resolution for adoption. Councilman Clevinger moved to adopt Resolution 2008-21, Adopting the Pulaski County Tourism Strategic Plan, seconded by Councilman Clark and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye The next item on the agenda was Youth Center fees for water and sewer. Additionally, they requested to have the trolley fees waived. Mr. Hawley advised that the Youth Center had requested that the Town waive the monthly utility bill for water and sewer usage. Councilman Clark and Councilman Burchett spoke in favor of the request. Councilman Welker advised that he would not be participating in any discussion regarding the trolley. Mr. Warburton advised that if Council waived the fees for the Youth Center, then the Center would be required not to discriminate on the basis of age, national origin, ethnicity, gender etc. Councilman Welker confirmed that the Town Attorney was saying that if Council waived the monthly utility bills, then the Youth Center would not be able to limit the age group allowed at the Center. Mr. Warburton confirmed that fact. Mr. O’Neal, from the Youth Center, commented that if the Town waiving the monthly utility bills resulted in the Center not being able to limit the age group allowed at the Center, then he needed to go back to his Board for more discussion. Councilman Clark inquired whether the same rules applied to the Town donating the use of the trolley for the Youth Center dances. Mr. Warburton responded in the affirmative. Councilman Clark moved to table the additional use of the trolley for the Youth Center and the request to waive utility fees at the Youth Center. Councilman Burchett seconded the motion and so carried on voice vote by: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell moved on to New Business, with the first item being Resolution 2008-22. Mr. Hawley advised that it was required to adopt a banking Resolution regarding certification and authorization of Town officers as signatories for deposit accounts. Councilman Kidd moved to adopt Resolution 2008-22, Banking Resolution Regarding Certification and Authorization of Town Officers as Signatories for Deposit Accounts. Councilman Clark seconded the motion and it carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye The next item on the agenda was VDOT letter regarding the Ratcliffe Memorial Museum. Mayor Worrell advised that the Town had several hundred thousand dollars in grant money to build a Transportation Museum. He added that the Town was in receipt of a letter from VDOT advising that the Town had 45 days to give notice of intent to proceed with the project or cancel the museum expansion. Mayor Worrell suggested that Council schedule a special meeting to discuss what should be done on this topic. Councilman Burchett inquired if the funds were not used for the Museum could they be used toward repairing exit 94? Mr. Hawley responded no. Mr. Hawley suggested holding the meeting at 6 p.m. on September 9, 2008. He advised that he would ensure that the Museum representatives were present as well. He pointed out that this would be a Council/Staff Work Session, and while the public was welcome to attend, it was not a public hearing and opportunities to address Council would be limited. At 8:40 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711 (A-3), Disposition of Public Property; (A-6), Consideration of Investment of Public Funds; (A-5), Prospective Business or Industry. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye At 9:27 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Clevinger, seconded by Councilman Clark and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye There being no further business, the meeting adjourned on motion by Councilman Clevinger, seconded by Councilman Clark and carried on voice vote.