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HomeMy WebLinkAbout09-20-05Minutes of the Town Council Work Session held September 20, 2005 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council: Jeffrey S. Worrell, Dan Talbert, Jr., Bettye H. Steger Lane R. Penn, John T. Bolen, Joel B. Burchett, Jr. Staff: John J. Hawley, Town Manager Randolph D. Eley, Town Attorney David Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director John White, Economic Development Director Dave Hart, Parks and Facilities Gary Roche, Police Chief Patricia Cruise, Clerk of Council Others: Carol Wade Kim Edmonds Rosa Smith Lorine Bedsaul Ruth Hayter Ann Hinkley Everett Grubb Arthur Meadows Debbie Johnson Freddie Sonner Kathy King Missy Hanks Darrell Smoot Jim Sandidge Kelly Barker, Press Paul Dellinger, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Bolen read a statement regarding a request that he had made regarding a plan to collect delinquent taxes. (Text included in the official minutes). He called for some changes to be made in the collection system. Mayor Wade commented that an aggressive plan was being worked on and asked the Town Manager, Mr. Hawley to explain. Mr. Hawley advised that at the last Council meeting, Council wrote off delinquent taxes that had exceeded the statute of limitations for collections. He added that staff is updating the remaining list. Once that list is complete, the Town Attorney will be given the option to pursue the delinquent taxes due to exceed the statute of limitations within one year. The remainder of the taxes will be turned over to a collection agency for recovery. Additionally, Mr. Hawley advised that Council had directed staff to not issue a RFP, but to enter into an agreement with a collection agency from Roanoke. He advised that staff was in the process of following that direction. Mayor Wade added that staff was also working with DMV to ensure that people who owe delinquent taxes will not be able to get their license until the taxes are paid. He added that staff is reviewing some computer programs that would alert staff if taxes are owed when a citizen turns off their water. Mayor Wade moved on to the adoption of the minutes. Councilwoman Steger moved to adopt the minutes of August 23, 2005 as written, seconded by Councilman Penn and carried on voice vote. The next item on the agenda was a Public Hearing for congregate senior housing. Mr. Quesenberry reported that Mr. and Mrs. Perry King had applied for a special exception for congregate senior housing at the corner of Smith Lane and 16th Street, NW. The Kings proposed to construct a 37 unit senior retirement development composed of both single-bedroom and two-bedroom units. As proposed, each unit would have an exit on ground level and be separate from every other unit. Mr. Quesenberry advised that the residential opposition had been strong. The Planning Commission had reviewed the case and recommended that the special exception for this project not be granted. They opined that although this type of project was needed, that the proposed project was not in keeping with the character of the existing neighborhood. Additional concerns expressed by the Planning Commission and the citizens were that there would be adverse traffic consequence and that the project was not in keeping with the Comprehensive Plan Following comments from Council, Mayor Wade opened the Public Hearing at 7:28 p.m. Anne Hinckley, Ruth Hiter, Lori Bedsaul, Freddie Sonner, and Arthur Meadows spoke against the request. They cited poor water pressure, fear of excessive traffic, storm water runoff, de-valuing of property, existing problem with water pooling in the street could be made worse and concerns about the lack of information regarding the type of construction materials that would be used on the buildings. There being no further comments, the hearing was closed. Councilman Worrell inquired whether the owner of the property planned to speak? Mr. Hawley advised that the owner was unable to attend the meeting, however, had left his cell phone for Council to call with questions. Mayor Wade paraphrased what Mr. King, the owner told him. He said that Mr. King apologized for his absence from the meeting, but he had rearranged his schedule numerous times in the last months for the other required meetings and could not do so this time. He provided several phone numbers for Council to call. Mayor Wade went on to say that he had asked Mr. King several questions regarding Mr. Kings willingness to listen to Council’s direction as to the type of materials used for the building and other similar questions. Mayor Wade advised that Mr. King appeared to be agreeable to almost everything except cutting the number of units in the plan. Following extensive discussion regarding water pressure, storm water run off and traffic patterns and possibly stipulating tree barriers and age limits on renters, Mrs. King verbally withdrew the application. She advised that there had been too much resistance from the public for too many months. She advised that the intent had been to keep the integrity of the neighborhood. She opined that the development would improve the neighborhood. She commented that they had other options and would pursue those options. Mayor Wade moved on to the telecommunications update. John White, the Economic Development Director, introduced Dr. Jim Sandidge, Co-Chair of the New River Valley Telecommunications Committee to give the update. Mr. Hawley interjected that Council had asked staff to begin looking at ways that the Town, County and School Board could work toward delivery of joint services, so Dr. Sandidge was asked to attend and give an update on communications. Dr. Sandidge advised that the localities had been working on the idea of joint services for several years. He commented that the process had speeded up in recent months. He opined that the Town, County and School Board could save money by working together on joint services of email, and computer systems. He advised that the Town could join with the County and pay approximately $10 per user per year for virus protection and computer updates. Dr. Sandidge opined that if the localities joined together on phone services, a significant savings could be found, resulting in efficiencies and cost savings for the tax payers and improving services. Mayor Wade asked for an attribute table comparison for what the Town currently has compared to the proposal. Dr. Sandidge agreed to work with Mr. White on the table. Councilman Talbert inquired whether the School Board system or the County would be maintaining the services? Dr. Sandidge responded that it was still open to question. Councilman Talbert opined that maintaining the services should not be a function of the school system. He expressed fear that if funding was limited for the school system, that the maintenance services could be squeezed out. Dr. Sandidge agreed with Councilman Talbert’s concern. He advised that the School Board currently oversees over 2500 pc’s, and 16 different networks. He felt that by joining the staff of the Town, County and School Board and utilizing a common set of standards, it was supportable. Mayor Wade moved on to Adelphia Cable. Mr. Hawley advised that in January, Council extended Adelphia’s cable franchise to the Town for one year. He introduced Steve Pollock, Government Relations Manager for Adelphia Cable to provide an update. Mr. Pollock advised that Adelphia has upgraded to a modern architecture in the area and provides high speed internet service to the bulk of the County. He advised that the cable franchise expires at the end of 2005 and that Adelphia wished to renew the contract. He added that Adelphia had been meeting with a Citizens Telecommunications Committee to work out terms of the contract. He explained that due to the forthcoming purchase of Adelphia by Comcast, renewal of the contract was a bit more complicated. The terms of a new franchise would have to be approved by Comcast. An extension of the existing franchise could be approved by Adelphia and Comcast would honor the contract. In light of the circumstances, Mr. Pollock proposed extending the current franchise for five years, and increasing the franchise fee to 5% instead of the current 4%. Mr. Quesenberry advised that at this time, the Citizens Telecommunications Committee recommended not extending the current franchise. They wished to keep the franchise fee at 4% and not pass it on to consumers. Under the current agreement, there is a provision for two way communication. The Committee wanted to see that provision extended to include fiber. The third concern was that the infrastructure of the cable system should remain in place even if the company left the area. The Committee desired to further study these issues before making a final decision. Mr. Pollock advised that if Council decided to stay with the current 4% franchise fee, then Adelphia would only desire a one year extension. Then Comcast could come in with their basic contract and negotiate with the Town. He added that regarding the fiber request, Adelphia has a “hybrid fiber coax”. It doesn’t cost as much as fiber to the home, and it provides almost identical performance. Mayor Wade inquired how much more time the Committee needed to review the contract? Citizens Telecommunications Committee member Bill Warden advised that as the contract stands, the Committee recommends not extending it. The Committee felt that wording needed to be included to leave the infrastructure in place if Adelphia or Comcast decided to leave the area and felt that the franchise tax should not be increased. Mr. Pollock interjected that that would be a reason to extend the current franchise, because that language is already in the current franchise. Mr. Warden commented that the contract that he read stated that the infrastructure could be removed or abandoned in place. The Committee wanted the removal option removed from the agreement. Mr. Pollock responded that the franchise extension was one page and did not contain any language regarding the infrastructure. He added that Mr. Warden was referring to a draft Ordinance that was provided to the Town early in the year. That draft is a generic franchise agreement that Adelphia uses as a starting place to negotiate from. He added that as far a leaving the infrastructure in place, if it’s in the existing agreement, then extending the existing agreement would preserve that language and preserve that right. Mayor Wade commented that it appeared that there were some differences between the Citizen Committee and Adelphia Cable. He urged the Committee and Adelphia to go back to the conference table and resolve the differences. Mr. Eley, the Town Attorney, suggested including Roger Wiley, a Richmond attorney who is on the state committee that is drafting the new tax provisions. Mr. Eley advised that there are some proposed changes that may affect our locality and Mr. Wiley might be able to provide some assistance. Mayor Wade moved on to the Jamestown 2007 Festival. Mr. Hawley advised that Council had received some proposed activities for the Jamestown 2007 Festival in their packet. He requested that Council review the information and prepare to discuss it at the next Work Session. Mayor Wade agreed that some work needed to be done on the project and could be discussed at the next Work Session. The next item on the agenda was Incident Management. Mr. Hawley advised that Council had inquired how the Town would handle an emergency incident if it arose? Mr. Hawley advised that the Emergency Communications Center at the Filter Plant is now on line and verified that the generators work. Staff then met with the Emergency Services Coordinator for the County and drafted some mutual aid agreements for the Attorney to review and discussed inoperability of communications. Additionally, there is a Local Emergency Planning committee in place that includes representatives from the Town, the County, Dublin, REMSI and Norfolk Southern. Training events with this group will be forthcoming in the near future. Mayor Wade asked if there was a plan for a mock emergency? Mr. Hawley advised that a tabletop exercise is tentatively planned for March/April 06 and a full scale drill is planned for next summer/fall. Councilman Talbert inquired about a Chain of Command. Mr. Hawley advised that depending upon the nature of the emergency, different people would be in command until the state arrived to take over. Councilman Talbert inquired what type of plan was in place for hospital or nursing home evacuations? Mr. Hawley advised that staff would bring that up at the next emergency meeting. Councilman Talbert suggested including the surrounding counties in the planning in case it is needed. Mayor Wade moved on to Peak Creek Survey. Mr. Hawley advised that a physical survey of Peak Creek needed to be completed to aid in the future development of Peak Creek. Staff requested permission to obtain quotes from surveyors to get a plat of the Creek drawn and allow the staff to continue working on getting the land transferred to the Town. Councilman Talbert moved to direct staff to obtain quotes for a physical survey of Peak Creek, seconded by Councilman Burchett 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 Councilman Talbert inquired whether the Town could clean the area along Peek Creek from the low water dam down? Mr. Hawley responded that he would ask the Parks and Facilities Director to look at the area for cleaning. Mayor Wade pointed out that some tires were in the gully near the Train Depot that needed to be removed as well. The next item on the agenda was VML Voting Delegate. Mr. Hawley advised that if the Mayor did not attend the VML Conference, a voting delegate needed to be appointed. The consensus was for Mrs. Steger to be the voting delegate. Mayor Wade moved on to Resolution 2005-36. Councilwoman Steger moved to adopt Resolution 2005-36, Authorizing a loan in Urban Development Action Grant (UDAG) repayment funds to Anneillo and Amy L. Posillico and Gino’s, LLC for the Remodeling of the Building located at 85 West Main Street to develop a restaurant. Councilman Bolen suggested that an inventory of the equipment that they purchase with their money and the UDAG loan money be added to the agreement. Mr. Eley, the Town Attorney commented that he already had a copy of the inventory purchased with their own money. The security agreement requires that an inventory be provided of items purchased with the UDAG funds and provides security for the loan. Mr. Eley added that he had just been advised by the Town Manager that the Town wished to change the contract so that the Attorney’s fees would be used as a match for the Block Grant for the Downtown Revitalization Project. Councilman Penn modified Councilwoman Steger’s motion to adopt Resolution 2005-36, by adding the specified changes and 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 At 8:47 p.m., Councilwoman Steger moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7) Consultation with legal counsel retained by the Town, regarding specific legal matters requiring the provision of legal advice by counsel. 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 Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Talbert, seconded by Councilwoman Steger 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 Councilman Talbert moved to defer the rent on Old Virginia Textiles from October 1, 2005 until February 1, 2006, under the conditions that all the paperwork requested in the past be signed and delivered to the Town by October 1, 2005 and that this is the last extension that the Town is providing. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - No Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye There being no further business, Councilwoman Steger moved to adjourn, seconded by Councilman Penn and carried on voice vote.