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HomeMy WebLinkAbout01-24-06Minutes of the Town Council meeting held at 5:00 p.m., January 24, 2006 in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council: Jeffrey S. Worrell, Dan Talbert, Jr., Bettye H. Steger, Lane R. Penn, John T. Bolen, Joel B. Burchett, Jr. Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney David Quesenberry, Asst. to the Town Manager John White, Economic Development Director Sherry D. Boyd, Finance Director G. W. Roche, Police Chief Dave Hart, Parks and Facilities Director W. M. Webb, Fire Chief Bill Pedigo, Town Engineer Patricia Cruise, Clerk of Council Others: Timothy Kuntz Carol Wade David Clark Pam Clark Debbie Linkous Dave Tickner Kelly Barker, Press Paul Dellinger, Press Mayor Wade called the meeting to order at 5:00 p.m. Councilwoman Steger moved to adopt the December 20, 2005 Council minutes as written, seconded by Councilman Penn and carried on voice vote. Next, Mayor Wade read Resolution 2006-02, Honoring Gerald Clark and presented it to his son David Clark who accepted on behalf of his father. The next item on the agenda was a Public Hearing regarding expansion of the Pulaski County Enterprise Zone into the Town of Pulaski. John White advised that the Virginia Enterprise program is a state incentive program with attached local incentives to try to attract businesses to come in to a zone or to expand within a zone. The Town’s Enterprise Zone is landlocked. The state has changed the regulations so that the County can expand its Enterprise Zones into the Town. He advised that staff has been working with the County to determine how to change the County’s Enterprise Zone perimeters to also be advantageous to the Town. David Tickner from the County, explained the draft proposal as written at that point and asked for Council’s input into the layout of the zone. As part of the proposal, the Town’s Corporate Center including Hardie’s, the Renfro building and DBT, would be added to the County’s Enterprise Zone. Additionally included in the proposal is from Interstate exit 94 down Route 99 and through the shopping centers and to the Pulaski Furniture property and abuts the Town’s existing Enterprise Zone. He reiterated his request for Council’s input into the layout of the zone. Councilwoman Steger moved to direct staff to create a Resolution supporting the expansion of the Pulaski County Enterprise zone into the Town of Pulaski. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade opened the Public hearing regarding the expansion of the Pulaski County Enterprise Zone into the Town of Pulaski. Debbie Linkous asked what type of business were they trying to attract? Mr. White responded both industrial businesses and retail businesses could take advantage of the Enterprise Zone incentives. He added that the larger the employment and the larger the investment, the more a business could take advantage of the incentive that the state provides. Ms. Linkous inquired about existing businesses? Mr. White answered that if there is an expansion of the business and they meet the criteria, they can take advantage of some of the tax incentives. Ms. Boyd interjected that the business license is only waived for one year. There being no further comment, Mayor Wade closed the Public Hearing at 5:18 p.m. The next item on the agenda was MacGill/Newbern Road land. Mr. Hawley advised that staff received a request from a couple in Town to convey the piece of land at the corner of MacGill and Newbern Road to them. In research, staff discovered that the Town does not own the land at the corner of MacGill and Newbern Road and this information was passed on to the couple. Subsequently, the couple came back to the Town and informed the Manager that all the liens on the property had been cleared and it was now in the Town’s name. The Manager asked staff to check this information. They found that one lien had been paid off, but there are was another lien against the property. The Town Attorney will be in court for this case in March to settle the issue. Once this has been completed, the land can be conveyed to the couple if it was Council’s desire. Mayor Wade moved on to making Virginia Safer for Pedestrians. Mr. Hawley advised that staff received a letter asking for the Town’s support to change the current cross walk law. The current law requires motorists to yield for pedestrians. The new law would require motorists to stop for pedestrians. Chief Roche explained the problem with the current law and expressed his support for the proposed new law. Councilman Bolen commented that he could not “support any resolution supporting pedestrian safety”. He opined that “the Town does not 100% support pedestrian safety. He said that “when we get a snow, we do not clean sidewalks. We force the pedestrians into the streets with the traffic. And it happens regularly – twice this year so far”. He felt that it “was kind of a mockery to talk about safety and then we don’t do anything with it in this area.” He stated that “he’d had people comment that you take your life in your hands to go downtown when there’s a big snow or ice. We do not enforce the sidewalk cleaning ordinance. In fact I don’t think anybody does anything on it. I can’t support that”. The Mayor inquired whether the Town had an Ordinance that says you should clean your sidewalks? Mr. Hawley responded yes, part of the Town code says that if your property abuts the sidewalk, you have a certain time limit to clean the snow off of it. The Mayor stated well, then I guess Councilman Bolen has a legitimate questions then. Why don’t we enforce it and if we’re not going to then why do we have the Ordinance? Councilman Bolen commented that “the end of Route 11 is in the school zone. We have children there that if they want to walk in a clear area, they get in the traffic. If they don’t, they’re on the sidewalk where the ice is. I see it every time we get a snow”. Mr. Hawley advised that within the last two years, Council directed staff to keep the set of sidewalks from Washington and Fifth Street all the way out to the NRO station on Route 11 cleared of snow. Due to lack of manpower, that did not get done. He advised that this had been discussed with Public Works. He added that that section of sidewalk will be cleaned, but it will not be cleaned until the roads are cleared. He advised that we can’t jeopardize the roads to clean the sidewalk. The problem with the downtown area is the absentee owners. Staff will have to decide how best to handle that situation. He felt that additional staff would have to be allocated or people hired to clean the downtown, because the absentee owners are not going to do it. Mayor Wade interjected that discussion had been held in the past making certain routes snow emergency routes. He commented that that was something that could be done. Additionally, he stated that if the Ordinance states that the owners of the property are to clean their sidewalks, there needed to be something in place to force them to pay to have it cleaned. He asked staff to look into the situation and come up with some recommendations. Councilman Bolen interjected that staff did a good job on Route 11 and Route 99 last year. Councilman Penn expressed concern for pedestrians in the two cross walks at Pulaski Furniture. Mr. Hawley advised that those two cross walks have signs directing vehicles to stop for pedestrians in cross walks. Mayor Wade complained about the amount of dirt distributed on the road at those same cross walks by Pulaski Furniture vehicles. The Town Manager advised that staff would contact them. Following discussion, Councilman Worrell moved to direct staff to send a letter of support for the new law Making Virginia Safer for Pedestrians, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was refer updating Comprehensive Plan to the Planning Commission. Mr. Hawley advised that the last time the Comprehensive Plan had been thoroughly reviewed was in 2002. The Plan must be reviewed every five years for possible amendments. He requested that Council refer the review of the Comprehensive Plan to the Planning Commission. Councilman Talbert moved to refer the review of the Comprehensive Plan to the Planning Commission. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade move on to Hogan’s Dam RFP. Mr. Hawley advised that the review committee had held interviews with three firms that submitted proposals for the appraisal and best use plan for the Hogan’s Reservoir. After reviewing the RFP’s and holding the interviews, the committee recommended awarding a contract to Lucas Real Estate Appraisal Services, Inc. subject to some restrictions from the committee. The contract amount would be $9,500. Councilman Burchett, a member of the committee, commented that he was pleased with the selection process and expressed special thanks to Debbie Lineweaver for her help with the process. Mr. Hawley advised that the committee would like to remain in place to complete the process and advise Council. Additionally, he advised that the County was willing to pay ½ the cost of the appraisal. Councilman Bolen asked what the Town would get for the $9,500? Mr. Hawley advised that the Town would have an appraisal showing the value of the land, a schematic drawing showing areas that could be developed, where potential roads could be installed and a written narrative of what they consider the best use of that property. Councilwoman Steger moved to direct staff to proceed with the Hogan’s Dam RFP and appropriate the money. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was naming of the lake at Gatewood Park. Mayor Wade advised that an article appeared in the Roanoke Times suggesting that Gatewood Reservoir be renamed. A copy of the article had been included in the Council packet. He advised that he personally thought it was a good idea, but commented that he had no idea how to go about naming it, or whether it should be renamed? He asked for Council’s comments. Following discussion, the consensus was to leave the name alone. The next item was appointment to Board of Zoning Appeals. Mr. Hawley advised that the term on the Board of Zoning Appeals for Mr. Clark had expired. Staff recommendation was to appoint the current alternate, David Edney, to a full term. He added that an alternate would have to be named to the Commission. Councilman Worrell moved to direct the Town Attorney to file the paperwork with the court to appoint David Edney to a full term on the BZA. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to Committee vacancies. Mr. Hawley advised that there was one vacancy on the Architecture Review Board, two vacancies on the Board of Zoning Appeals after appointing Mr. Edney, one vacancy on the Housing Board of Adjustment and Appeals, and one vacancy on the Planning Commission. He advised that staff would send some information to the paper asking for citizens participation on these committees. Mayor Wade added that Councilman Bolen had requested to be removed from the Peppers Ferry Board. He recommended appointing Jay Goad to replace Councilman Bolen as an alternate. He asked the Town Engineer if he would support that recommendation? Mr. Pedigo answered that Jay could do it. Councilman Worrell moved to appoint John (Jay) Goad to replace Councilman Bolen as Alternate to the Peppers Ferry Board. The motion was seconded by Councilman Talbert and carried on voice vote: Mr. Hawley interjected that there were at least three vacancies on the Redevelopment and Housing Authority. Staff would advertise these vacancies along with the other Committees. Mayor Wade asked that the existing Committee members be notified that the Committee was still active. The next item on the agenda was round table discussion. Mayor Wade asked when will the land be transferred to James Hardie? When will the Conrock land be transferred? And who would be responsible to see that the land is transferred. Additionally he asked for an update on the easements for the Trail. Mr. Eley advised that he had reviewed the proposed closing documents for the Hardie transaction. He needed to meet with the Town Manager and the Town Engineer to ask a few questions. Then a communication would be sent to Hardie and they would set a closing date. Regarding Conmat, he advised that the final revision of the contract was ready pending clearance with the Town Manager of one item. Mayor Wade asked for a time frame for completion of these two contracts? Mr. Eley advised that Conmat would probably be completed within a month. Hardie would be completed after the Conmat closing. Regarding the Mayors question about the easements, Mr. Hawley advised that the easements had been redrafted and Mr. Hart had begun getting them signed. He added that six of the nine were signed. Staff is working on the last three. Mr. Hawley added that he had contacted VDOT to set up a meeting with the District right-of-way representatives to review the progress the Town has made and try to get the review process of the right-of-way started. Councilman Bolen interjected that at the last Council meeting, staff was directed to present a status report on delinquent tax collection. He commented that he had not seen it. Mr. Hawley advised that it had been prepared but not dispensed. Mayor Wade asked for it to be delivered before Council left that night. Councilman Bolen also asked for an updated UDAG report. Additionally, he commented that there is an open lot on Jefferson between Third and Main Street that was in disarray and asked what was to be done with the lot. Mr. White commented that he had asked the Community Representative from DHCD to see if some acquisition funds could be transferred from the previously designated funds for another project. The funds would be used to acquire the lot that Councilman Bolen was complaining about. Mayor Wade asked if the Town acquired it, what would be done with the lot? Mr. White felt that the lot could be used for the perceived parking problem in Town. Alternatively, he thought that it was possible that the County might like the lot. Mr. Hawley added that the Town has set up three conservation and development districts in the downtown area. They will send a letter advising the owner of the lot to clean it up. If they do not, the Town will correct the lot. Mayor Wade asked if that same plan was in effect for the back of the buildings on Main Street? Mr. Hawley responded in the affirmative. Mayor Wade commented that we need to get the Housing Authority active then? Mr. Hawley responded in the affirmative. Councilman Bolen advised that an article in the Roanoke Times dated 1-23-06, had a column stating that Pulaski’s breathing air is 48 times more hazardous than the state median. This means that Pulaski is the third worst place in the state. He called for Council to do something about it. He felt that the reputation of the Town was at stake. Councilman Penn inquired how to go about correcting this? Councilman Bolen advised hiring an expert and find out who are the pollutants, what are the pollutants and work with the proper agencies to eliminate those pollutants. Mayor Wade advised that he read the article and farther into the article it stated that all the discharges had been approved by DEQ and EPA. Following discussion, staff was directed to invite someone from DEQ Air Quality to attend a Council meeting and speak with Council about the report. At 6:06 p.m., Councilwoman Steger moved to enter into Closed Session under Virginia Code 2.2-3711 (A-1), Discussion of employment, assignment, appointment, promotion, performance, salaries of employees of the Town and the evaluation of performance of departments. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye At 6:43 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilwoman Steger, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mr. Hawley distributed a draft version of the Town Manager’s proposed budget and explained to Council the format that was being used for this years budget. He advised that staff was continuing work on the budget and Council would be brought into the process as soon as possible. There being no further business, the meeting adjourned at 7:00 p.m.