Loading...
HomeMy WebLinkAbout08-15-06Minutes of the Town Council Work Session held Tuesday, August 15, 2006 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 S. Burchett, Jr. David L. Clark, Larry Clevinger, II Staff: John J. Hawley, Town Manager Dave Quesenberry, Asst. to the Town Manager Bill Webb, Fire Chief John White, Economic Development Director Sherry Boyd, Finance Director Bill Pedigo, Town Engineer Brenda Shelton, Secretary Others: Allen Simpkins Adam Stevens John Kellis Andrea Kellis John Phillips Becky Phillips John Toothaker Wanda Toothaker Sheldon Matzie Pat Matzie Elmer Mottesheard Patsy Akers Robert Bopp C. R. Bopp Kathy Bopp Rebecca Bopp J. R. Schrader Rev. Richard Hall Carol Wade Joe Shumate Janice Craig Christine Bailey Robert Whitman Jimmy White Elmer Mottesheard Anastasia Anderson, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Penn moved to modify the agenda by moving item 7b to 7c and add 7b to reallocate general obligation funds to James Hardie project. Additionally, to add item 1a, appointing Brenda Shelton Acting Clerk of Council. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Councilman Penn moved to adopt the minutes of May 16 and June 20, 2006, seconded by Councilman Clark and carried on voice vote. Mayor Wade moved on to the Public Hearing for a Rezoning request for 2.14 acres at the intersection of Memorial Drive and Route 11 from R-1 Residential district to B-2, General Business district. He opened the Hearing to the Public. There being no comments from the Public, the Hearing was closed. Mr. Quesenberry advised that the rezoning had been requested to permit construction of a Walgreen’s Drug Store at the site. The site would be accessed form Memorial Drive and by the addition of a 100 ft. turning lane into the parcel from Route 11. He stated that the Planning Commission considered the request and recommended that it be zoned B-1, which is more restrictive than the requested zoning of B-2. From the public, John Kellis addressed Council advising that his property would be at the back of the store and he wondered what screening provisions would be in place. He advised that there were three properties that would be affected in that way. Additionally, he advised that there was a right of way between his property and the next property and he inquired what would happen to that right of way? Mr. Hawley advised that nothing is currently shown on the site plan regarding a privacy fence. He advised that staff would need to look into the right of way. He explained the normal process for a right of way that is no longer needed by anyone. Next, Andrea Kellis addressed Council speaking in favor of the rezoning. However, she expressed her concern for property resale value. She advised that when she purchased the property, she had been told that the property would be owned by the church. Since there was now going to be a business on the land, she felt that she should get some sort of restitution from Walgreen’s, perhaps in the form of a privacy fence between her property and Walgreen’s. She also expressed interest in purchasing a portion of property that adjoined the proposed Walgreen’s property, explaining that that would allow her to put a privacy fence between her property and Walgreen’s. Additionally, she expressed concern for children who might wander from the neighborhood into the Walgreen’s parking lot and be injured. Next, Ms. Christine Bailey addressed Council and inquired who would be responsible for the correction of runoff if a drainage problem ensued from the development of the property? Next, Mr. George Morgan, President of Florida Property Investment Partners, Inc., addressed Council and some of the citizen questions. He explained currently, the drainage from the existing church, and the bank across the street and also from Route 11, was being funneled onto the land owned by the church and subsequently onto the neighborhood. The Walgreen’s run off would be funneled to a retention pond. Regarding children wandering onto the parking lot, Mr. Morgan advised that there would be a twenty five foot grade change between Walgreen’s and the neighborhood. Because of that height difference, he felt that most children would not be able to climb to the Walgreen’s parking lot. And finally, Mr. Morgan addressed the retaining wall, explaining that because of the grades of the lot, there would not be a retaining wall behind most of the neighborhood homes. The plans called for a continuous evergreen hedge being planted to hide the majority of the retaining wall. Councilman Talbert inquired where the retention pond would be located? Mr. Morgan replied that it would be located on church property behind the church and the responsibility for maintenance would be shared with the church. Following discussion, Councilman Worrell moved to rezone the property at the intersection of Memorial Drive and Route 11 from R-1 to B-1, Local Business District and direct the Town Attorney to prepare the proper documentation. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next Public Hearing was in regard to Vacant Building Registration. Mayor Wade explained that the first part of the Public Hearing was reserved for public input, followed by staff and Council. From the public, Elmer Mottesheard addressed Council asking for clarification on what determined vacant buildings. Mayor Wade explained that vacant buildings in this instance referred to a commercial building that had been vacant for twelve months. Mr. Hawley added that this Ordinance was only applicable to the three areas in Town designated Conservation and Redevelopment districts. There being no further comments from the public, Mayor Wade closed the Public Hearing and moved on to the staff report. Mr. Hawley advised that the proposed Ordinance was the result of a change in legislation in the State of Virginia that was requested by the Town last year. It would require annual registration of structures in conservation and rehabilitation districts which have been vacant for twelve or more months. The next Public Hearing was regarding a Cavalier Supply lease. Mr. Hawley advised that Cavalier Supply had a catastrophic failure of their building and part of the building had to be torn down. Under those circumstances, the Town Manager allowed them to move into the Wade’s building on a temporary sixty day lease. To fulfill the Town’s normal requirements for a lease, however, the Public Hearing was scheduled. Councilman Burchett inquired whether Cavalier Supply had submitted a plan for the rest of the building? Mr. Hawley replied that he had received a letter just prior to the meeting, but did not know its contents. Mayor Wade asked what legal avenue the Town had if the debris from the building was still there in six months? Mr. Eley replied that if it was still there and deemed to be a hazard, the Town can have it removed. Mr. Hawley advised that the owner is waiting for the results from some asbestos testing and have been supplied with some names of companies that do demolition and disposal work. Councilman Worrell commented that he would like to see some screening placed over the windows at Cavalier Supply. Mayor Wade opened the Public Hearing regarding the lease with Cavalier Supply. There being no comments from the Public, the Hearing was closed. Councilman Burchett inquired whether there were any tenants rights for Cavalier Supply if they were not out within sixty days? Mr. Eley advised that they do have rights. Councilman Worrell moved to direct staff to prepare an Ordinance for the Cavalier Supply lease, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Next, the Mayor gave an update on the work being done at the Cool Springs lighted football field. He added that the Pulaski County Touchdown Club presented him with $1000 to help offset some of the costs for preparing the field. Additionally, he noted that James Hardie donated an electronic multi-sport scoreboard. He suggested that the $1,000 donation be used to help offset the costs for the PA system at the site. He commended the Touchdown Club and James Hardie for their donations and interest in the community. Mayor Wade moved on to Leash Ordinance. Mr. Hawley advised that a draft leash Ordinance had been placed at each Council members seat. Mayor Wade asked whether a penalty could be added to the Ordinance? Mr. Eley advised that the Ordinance was in draft form so that Council could add or amend items if they chose. He added that Council might wish different punishments for different violations. Mr. Hawley interjected that the Chief of Police had spoken with the Town of Blacksburg regarding how they enforce their leash law. Mayor Wade asked whether the fine could be community service? Mr. Eley advised that the Ordinance could provide for a fine up to a certain amount and include that the court may consider community service for the Town. Following extensive discussion, staff was asked to research Ordinances in other localities and return to Council. Mr. Hawley advised that a Public Hearing would be scheduled for the September 5, 2006 meeting and at that time, several options would be provided for Council’s reviews. The next item on the agenda was signs. Mr. Hawley advised that Councilman Burchett had inquired whether billboards could be placed on a certain piece of property. Based on that question, staff had included a copy of the Ordinance regarding signs in case Council wished to review the current Zoning Ordinance regarding signs. Mayor Wade commented that he felt that everyone should be allowed to put up the signs, or no one should be allowed. Councilman Burchett opined that billboard signs were a fundamental tool for businesses to market themselves. He felt that they should be allowed in certain areas, such as high traffic areas like Route 11 or Route 99. He did not feel that they were appropriate in neighborhoods, however. Councilman Penn commented that he was opposed to billboards. Following discussion, staff was directed to work with businesses regarding the banner type signs and do some more research regarding billboard signs. The next item on the agenda was Peppers Ferry Regional Wastewater Treatment Authority (PFRWTA). Mr. Hawley advised that the proposed Rules and Regulations for PFRWTA had been included in the packet for Council’s review. He asked Mr. Pedigo to hi-lite the major changes in the document. Mr. Pedigo summarized the major changes to the document were in Appendix A, which included a different method of computing the pollutant limitations. Mr. Hawley interjected that the Town has discharge permits for all the industries in Town. He did not think that the limits in Appendix A would cause any problem. He added that all the other jurisdictions have adopted the proposed Rules and Regulations. Following discussion, Mr. Hawley commented that there was no advantage to not adopting the Rules and Regulations. Mayor Wade asked that Council discuss a request to change the By-Laws for the Authority and then come back to the User Agreement. He listed several questions that he wanted answered. Following extensive discussion, staff was directed to draft a courtesy letter to be signed by the Mayor, to the Mayors and chairman of the other jurisdictions informing them of the Town’s intent regarding the By-Laws and the User Agreement. The next item on the agenda was Ordinance 2006-25, Personnel Manual. Mr. Hawley advised that the most recent version of the Ordinance had been placed before Council prior to the meeting for discussion. He pointed out the most recent changes and asked if there were any questions or additions by Council? Mayor Wade noted a few items that he felt should be clarified. Mr. Eley, the Town Attorney, pointed out some wording to be added at the end of the 4th paragraph… “and replacing all previous personnel manuals.” Councilman Penn moved to adopt Ordinance 2006-25, as amended, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Ordinance 2006-24, Vacant Building Regulation, Mr. Hawley advised that Council had directed staff to draw up the Ordinance. Councilman Worrell moved to adopt Ordinance 2006-24, Registration of Vacant Buildings Within the Town of Pulaski, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was Baseball Lease. Mr. Hawley advised that the contract with Pulaski Baseball would expire on September 1, 2006 and the contract would need to be negotiated. He added that staff had been directed to research baseball leases for other Towns and Cities in the Appalachian league. He advised that Mr. Hart, Parks and Facilities Director, would present this information. Mr. Hart advised that there are ten teams in the league and each lease was different. He reviewed several contracts. He advised that the current Town contract states that the Town receive one dollar for every ticket purchased and ten percent of on field sign revenue. The Town is responsible for lights, the field material and stadium cleanup. Pulaski Baseball is responsible for all aspects of running the team from the contract they have with the major league, printing and selling programs, operating concessions, laundering the uniforms and cleaning the inside facilities. Councilman Worrell summarized that Pulaski Baseball operates the team and the Town provides the facility and that differs with each city. Mr. Hart responded in the affirmative. Mayor Wade asked whether staff had figures regarding the revenues versus the cost in other Towns and Cities? Mr. Hart advised that he did not. Mayor Wade also asked who owned the equipment in the concession stand and the walk in freezer etc. Mr. Hart answered that the equipment was owned by Pulaski Baseball. In relation to the question regarding revenues versus income, Councilman Talbert commented that one thing the Town needed to remember was that even though the baseball revenues versus the cost may not be breaking even, that the games provided money and advertisement for the Town. Mayor Wade moved on to track loader lease. Mr. Hawley advised that because of the need for speed in developing the Hardy project, the Town leased a track loader. In the packet was a request from the Town Engineer, Bill Pedigo, requesting that this loader now be purchased. Mr. Hawley commented that since the bookkeeping was not complete in regard to the Hardie project, he was hesitant to make such a large purchase at this time. Mr. Pedigo addressed Council advising that the Town’s current track loader was non functional and the repair being expensive. He needed a new track loader and felt that it was more cost effective to purchase the leased track loader at a discounted price, than to try to repair a very old piece of equipment. He added that the loader is used very often in the department. Mr. Hawley reiterated his concern with the short term Town revenues. Following discussion, the consensus was for staff to continue the lease for another month and try to look as soon as possible at funding. Mayor Wade moved on to Wireless RFP. Dr. White advised that the Town received one entry for its Request For Proposals. Included in the RFP was a clause that the Town could negotiate with the company. Staff was asking for permission to enter into negotiations with the only bidder. The consensus of Council was to enter into negotiations. The next item on the agenda was Matching Funds for $25,000 DHCD Planning Grant for Nanotechnology Park.. Mr. Hawley advised that staff met with the Department of Housing and Community Development regarding the grant. Todd Christenson, Housing Community Development representative, gave a verbal offer for the Planning Grant, however, he wanted the locality to match $15,000. Mr. Hawley noted that he emailed the County IDA asking them to share in the cost. He had not yet received a response. Following discussion, Councilman Penn moved to appropriate up to $15,000 from the UDAG account to be used as the match for the Department of Housing and Community Development grant, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Sewer line repairs. Mr. Hawley advised that staff had identified some sewer expenditures from the Hardie project that had been budgeted for from the 2002 General Obligation Bond, but been paid through the Sewer Line Repairs account. He recommended the transfer of those funds from the Sewer Line Repairs account to the GOB account. Additionally, Mr. Hawley advised that there was a balance remaining in the Skateboard Park account that he wished to transfer to the Hardie Capital Project. Following discussion, Councilman Penn moved to recommend transfer of funds from sewer line repairs and from the Skateboard account to the GOB account, seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye At 9:20 p.m., Council entered Closed Session under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Penn, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye There being no further business, Councilman Penn moved to adjourn, seconded by Councilman Worrell and carried on voice vote.