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HomeMy WebLinkAbout12-17-97December 17, 1997 Minutes of the special meeting of the Pulaski Town Council held December 17, 1997, at 6:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor John A. Johnston, presiding 9751 Council Members: James M. Neblett, Lane R. Penn, Bettye H. Steger, Charles W. Stewart, W. Edgar Hale, Joseph L. Weddle, Pauline G. Mitchell, Gerald E. Bolen Also Present: Visitors: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager David N. Quesenberry, Asst. to the Town Manager Ruth A. Harrell, Clerk J. R. Schrader and Paul Dellinger, News Media Lauren Huff Jami Edwards Thomas Farmer Jeff Worrell Patricia Pendergrast Jeff Hall Sgt. David M. Moye Herb Cooley Dave Hart The meeting was called to Order by Mayor Johnston. Councilnan Penn led the Pledge of Allegiance and Councilman Neblett gave the Invocation. The roll call was then taken. Mayor Johnston requested that Ordinance No. 97-25 be added to the agenda. Reso . Mayor Johnston read a Resolution regarding Ruth A. Harrell, Clerk of Council, who is retiring effective January 1, 1998. Councilman Penn so moved that Resolution be adopted, seconded by Councilman Bolen and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye Mayor Johnston expressed appreciation to Ms. Harrell. W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye Mayor Johnston welcomed Government Students Lauren Huff, Jami Edwards and Thomas Farmer. Mayor Johnston stated that during the week of December 1st, the Town had two significant fires, Coltrane Welding on December 1 and Rental Towel on the December 5th. Both fires resulted in over $2,000,000 damage and numerous people will be without jobs during the holiday period. Although the fire damage was high to both businesses, no major injuries resulted to employees or firefighters which can be credited to public fire education and intense firefighter training. Not only did firefighters join in the battle to control the fire, but Public Works employees, Engineering, Police and all off duty paid fire personnel from the Town of Pulaski. Appreciation was also expressed to the Pulaski County Volunteer Fire Department, City of Radford Fire Fire Department and the Town of Blacksburg Fire Department. Dept. Mayor Johnston stated that without the aid of these individuals and communities, our efforts in the fire attacks could have resulted in our firefighters being overwhelmed in the initial effort to control the incident, and possible serious injuries. Vice Mayor Steger so moved that Town Council's gratefulness to the fire fighters, volunteers and neighbors of our community who came in our time of need be recognized for their contribution, seconded by Councilman Neblett and carried. 9752 December 17, 1997 Fire Chief Hall thanked the Council for their support in their fire fighting efforts and that they were here to serve the community. Mr. Combiths advised that from time to time, the Town liked to recognize members of our Town Police Dept staff. Sgt. David M. Moye has finished with honors the Virginia Forensic Academy (10 weeks school in Richmond). Sgt. Moye finished very near the top of his class. There were only 12 people from the State that were allowed to attend this school. He will do in-house training, and will become a certified instructor. Chief Cooley advised this schooling was very important as it concerned evidence collection, and preservation. We are very fortunate to have someone with the knowledge and expertise to do what David can now do. Mayor Johnston stated we are very proud of what Sgt. Moye has done and congratulated him for his efforts. Mayor Johnston advised that before Council was Resolution No. 97-29 Asking the Assistance of Resolution Commonwealth of Virginia Senator Malfourd "Bo" Trumbo and Delegate Thomas G. Baker, Jr., 97-29 in Seeking Support and Funding for Improvements to the Historical Calfee Athletic Field. Mr. Combiths reported that Calfee Park was built in 1935 under the WPA Program. There is a good opportunity that we can do two things as a result of Council's action on this Resolution. We hope to designate Calfee Park as a historic landmark and to seek special funding working through the State legislature for historic structures in the State. Councihnan Stewart made a motion that Resolution No. 97-29 be adopted, seconded by Vice Mayor Steger and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W . Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye Mr. Terwilliger stated that Ordinance No. 97-25 provides for the purchase of additional land contiguous to the parcel that the Town recently purchased from the Boothe family of 88.1 acres Ordinance for the Town Industrial Park. This would allow for purchase from Mr. William C. Rhudy, Jr. of 97-25 an additiona150 or so acres. This would include a fenced hay field that is contiguous to the Industrial Park together with a strip of land right above it and will bring us to the crest of the hill for the purpose of siting a water tank necessary to serve both parcels if need be. And also a 100 ft. by 100 ft. lot for a sewer septic system and some easements for water lines, etc. The purchase price for the property would be the same as what was paid for the Boothe property, that is $4,881 per acre. The total price is to be determined by the final survey. We expect it to be approximately 50 acres bringing the purchase price to approximately $250,000 for the tract. Mr. Terwilliger clarified that the payment would be staggered in three fiscal years, (1) upon closing which would be held before December 30, 1997; (2) the next payment would be due the first week of July, 1998; (3) the next payment would be due the first week of July, 1999. Funding for the first payment would come from the UDAG Fund. Councihnan Neblett so moved that Ordinance No. 97-25 be adopted, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye Mr. Combiths reported that in the negotiations with Anderson & Associates, regarding engineering on the original Boothe property, there is room in that agreement to also include this property. Mayor Johnston advised that next on agenda was a public hearing regarding a proposed change Ord 97-22 to the Pulaski Town Charter. Ordinance No. 97-22 Approving Charter Changes Relating to the Charter Authority of the Town Manager and Requesting the Virginia General Assembly to Make Such changes Changes was before Council for their consideration. ~~ 2 December 17, 1997 Councilman Bolen expressed regret that Council was considering changing personnel practices, Ord and felt this was a communication problem, if there is a problem at all. He did not feel it was a 97-22 fundamental governmental problem. Councilwoman Mitchell stated this has been in our Charter Cont fora ood man g y years. We have not had any trouble with it. Past Council Members have expressed that they had worked with this Charter and found nothing wrong in the way it was running and to have one man to make a decision on firing and hiring was asking for trouble. Councihnan Stewart read a statement opposing the Charter change, stating it prohibits interference by Council. Once hired, the department head is under absolute control of the Town Manager and can be disciplined and relieved of his duties by the Town Manager. From the public, Jeff Worrell, Greenbriar Avenue, felt that changing the Charter was a serious matter. It would lessen Council's ability to run the Town. He felt we should not rush into anything. Councihnan Weddle did not feel we were giving all the power to the Manager. The Manager is employed at the will of Council. If we do pass the Charter change and Council does not like what the Manager does, Council has the right to replace him. He suggested that Council tell the Manager that they wanted him to confer with Council on termination decisions. He will vote for the Charter change. Mayor Johnston stated that we are trying to bring our Charter in line with what a great many of our Town Council people, before this Council and including this Council, felt the change had already been made. The Council could always ask the Town Manager to bring his decisions and choices to the attention of Council. Further, Mayor Johnston felt it was an attempt on the part of Council to micromanage the Town affairs. Council was elected to present policy, to try and create the overall concept of a system of government that we felt was good for the Town of Pulaski. Councihnan Bolen made a motion that this item be put on the ballot for referendum at next election, seconded by Councilman Stewart. Councilman Weddle made a substitute motion that Ordinance No. 97-22 be adopted, seconded by Councilman Neblett. Councihman Penn stated that he did not have any concerns that things will not go the way Council would like to see them and he planned to vote for the change. At 6:39 p.m. the public hearing was closed. Councilman Weddle's substitute motion to adopt Ordinance No. 97-22, seconded by Councihnan Neblett, carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart - No W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell - No Gerald E. Bolen- No Mayor Johnston advised that on the agenda was a public hearing dealing with a request from Pulaski Furniture Corporation for a conditional use permit to use Jefferson School at 85 1st Street Public to store furniture. Since the agenda was made, the Planning Commission met and the Town hearing Attorney felt that a conditional use was not needed as long as they are under the 20,000 ft. Conti . Use Mr. Terwilliger clarified the ordinance change and zoning of the property. Council discussed the use of this facility at length. Councilman Stewart advised the Planning Commission, addressing only the planning issue, decided that because Pulaski Furniture would be using less than 20,000 sq. ft. it was not necessary for them to have a conditional use permit and this was confirmed with the Town Attorney. Councilman Stewart made a motion that Council dismiss this matter with no action required. Motion seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bole~r Aye 9753 3 9754 December 17, 1997 Councilman Stewart so moved that a referral to the Planning Commission on Case No. 98-86RZ be added to the agenda, seconded by Councilman Weddle and carried. Councilman Stewart made a motion that Planning Commission Case No. 98-86RZ, a request from White L.L.C., Robert Henegar, agent; H. W. Huff, owner, for a rezoning of 2.477 acres Rezoning from R-1 to R-2 for the purpose of building townhouses be referred to the Planning Commission. Request The site is identified as Tax Map No. 063-025-0000-027 and is recorded in Deed Book 56, Page Townhouses g33. It is located at the intersection of Route 647 (Pleasant Hill Drive) and Route 11 across from Pleasant the Columbia Pulaski Community Hospital. Motion seconded by Vice Mayor Steger and carried Hill & Rt 11 on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen- Aye Mayor Johnston advised that previous to this meeting, Town Council had met in Executive Session under the proper notification. The Executive Session was adjourned to later reconvene after the special meeting. Mr. Terwilliger requested that Council add to the agenda an item relating to contract negotiations with Pulaski Baseball, Inc. Councilman Weddle so moved this item be added to the agenda, seconded by Councilman Neblett and carried. Mr. Terwilliger advised that Pulaski Baseball, Inc. has asked for a public recognition that they would like Town Council to commit to bringing the Calfee Park up to professional league Baseball baseball requirements conditioned on Pulaski Baseball, Inc. negotiating with a professional minor league team with a minimum commitment of four years. They have asked that Town Council authorize the Town Manager to negotiate a contract with Pulaski Baseball, Inc. for the use of Calfee Park whereby the Town would agree to bring the park up to professional baseball requirements conditioned upon a commitment by a minor league team to Pulaski Baseball, Inc. to locate the team here in Pulaski for four years. Councihnan Hale so moved that the Town Manager be authorized to negotiate a contract with Pulaski Baseball, Inc., as stated above, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Boleror Aye Council reconvened Executive Session at 6:54 p.m. under 2.1-344 to further discuss A3 Acquisition of Property for Public Use; Al Personnel Matter, Specifically named Individual, and A7 Consult with Legal Counsel, contract negotiations/Commerce Park/Baseball, on motion made by Councilman Neblett, seconded by Vice Mayor Steger and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen- Aye At 7:20 p.m. Council returned to special session and adopted certification resolution on motion made by Councilman Stewart, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolero Aye At 7:22 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councilman Hale and carried. APPROVED: Attest: MAYOR 4