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HomeMy WebLinkAbout04-15-08Minutes of the Town Council meeting held April 15, 2008 at 5:00 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 Patricia Cruise, Clerk of Council David N. Quesenberry, Asst. to the Town Manager R. D. Warburton, Town Attorney Bill Webb, Fire Chief John White, Economic Development Director Elizabeth Chitwood, Economic Development Ervin Barr, Lieutenant Barbara Tate, Community Relations Director Chip Hutchinson, Fire Marshal Others: Patsy Akers Edgar Akers Robert Bopp Jane Amburn Dean Cox Jerry Hughes Carol Wade James Holliday H. M. Kidd Glenn Baublitz Betty Quesenberry Terry Fitzwater-Palmore Charles Haymore Jimmy White Pam Austin Morgan Welker Melinda Williams, Press Mayor Wade called the meeting to order at 5:00 p.m. Councilman Burchett moved to amend the agenda by adding item 7b, Smokeless Tobacco Tax. 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 Following roll call, Councilman Clark moved to adopt Resolution 2008-08, Honoring Charles Haymore For 58 Years of Service to the Pulaski Fire Department. 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 read the Resolution aloud and presented it to Mr. Haymore and thanked him for his service. Councilman Worrell moved to adopt Resolution 2008-09, Honoring Volunteer Captain James D. White for 44 Years of Service to the Pulaski Fire Department. 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 Mayor Wade read the Resolution aloud and presented it to Mr. White and thanked him for his years of service to the Town. Next, Councilman Penn moved to adopt the minutes of the March 18, 2008 Council Work Session as written, seconded by Councilman Talbert and carried on voice vote. Mayor Wade moved on to Public Operations. He welcomed Molly Harp, who had a presentation of the Good/Bad Pictures of the Town and County. Mr. Hawley advised that Ms. Harp was a Pulaski County High School representative to the Chamber of Commerce and had given the same presentation to the Chamber. Mr. Hawley thought that Council would enjoy the presentation as well and invited Ms. Harp. Molly presented a slide show of good looking and bad areas in the Town and County. Mayor Wade thanked Ms. Harp and presented her with a Town t-shirt. Mayor Wade advised Council of some upcoming meetings and then moved on to Finance items. Mrs. Palmore advised that the Pulaski Redevelopment and Housing Authority was requesting that Council consider appropriating $50,000 in funds in the 08/09 budget. The funds would be used to hire a full time Executive Director as an employee of the Authority. Following discussion, Council agreed to consider the request during budget sessions. The next item on the agenda was smokeless tobacco tax. Mr. Hawley advised that a lobbying group had asked the Town to justify its assessment, collection, and receipt of tobacco taxes on products other than cigarettes. Following extensive research, staff determined that the Town did not have the authority to tax for smokeless tobacco products. Town Attorney Warburton explained the problem and advised that he did not feel the Town had the authority to tax any tobacco item other than cigars and cigarettes. Following extensive discussion, Councilman Talbert moved to direct staff to prepare a Resolution repealing tax on smokeless tobacco with an effective date of June 30, 2008. Councilman Penn 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 Mayor Wade moved on to discussion regarding Maple Shade. Mr. Hawley advised that he had received a draft lease from the County for two businesses at the Maple Shade. The County still maintained that the closing would not occur until the Town had acquired signatures from the businesses on the new leases with the County. Councilman Penn asked the Town Attorney whether there was a conflict of interest for him to discuss or vote on the issue since he was an employee of the County. Mr. Warburton replied that there was no conflict of interest in this instance. Mayor Wade commented that the Town had been working on this project for a long time and they were still not ready to close. He expressed concern that the Dollar General and MTM might decide to relocate their businesses and he did not want that to happen. He thought perhaps it was time to consider some alternatives. Councilman Penn echoed the Mayor’s statements and added that he was concerned that once the sale was accomplished that the County might kick Dollar General out and the south side of Town would have no stores. He opined that it was time to rescind the offer with the County. Mr. Hawley interjected that the proposed lease extended Dollar General’s lease until 2012 and offered them additional space. Following additional extensive discussion, Council decided not to attend the Board of Supervisors meeting as a whole to discuss the issue as originally planned. Councilman Worrell moved to direct staff to cancel the meeting with the Board of Supervisors and set up a meeting between the Mayor and the Town Manager and the Chairman of the Board of Supervisors and the County Administrator. Councilman Talbert seconded the motion and so 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 Loving Field. Mr. Hawley advised that Patsy S. Akers had requested to purchase a one acre lot adjoining her property and located on Loving Field Road and another 11.5 acre plot on Loving Field Road directly across from her farm entrance. The property was originally donated by her grandfather in hopes that an airport would be built on the property. She offered two thousand dollars per acre including any survey costs. Following discussion, Council was amenable to selling the one acre lot. However, they asked staff to gather more information regarding the 11.5 acre lot. Councilman Worrell moved to direct staff to advertise a Public Hearing for the sale of the one acre lot. 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 screening. David Quesenberry summarized the results from the Planning Commission meeting regarding screening. He advised that the Planning Commission recommended that two definitions regarding screening be added to the zoning amendment. A Public Hearing was scheduled for the May 6 Town Council meeting. At 6:25 p.m., Councilman Burchett moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7), Consult with legal counsel on a specific matter requiring advice of the Counsel. 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 6:52 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, Councilman Penn moved to adjourn, seconded by Councilman Talbert and so carried.