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HomeMy WebLinkAbout03-04-03 Minutes of the Town Council meeting held March 4, 2003 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles W. Stewart, Jr., Mayor Council: Jeffrey S. Worrell, Kenneth M. Fleenor, E. G. Black, Jr., Pauline G. Mitchell, Bettye H. Steger, John T. Bolen Absent/Excused: James M. Neblett, Jr. Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney Sherry Boyd, Finance Director Bill Pedigo, Town Engineer John White, Economic Development Director Gary Roche, Police Chief Patricia Cruise, Clerk of Council Others Present: Oscar Seagle Mickey Seagle Wilma Surface Bryce Surface Don Copenhaver Everett P. Shockley Gilmer Newman Jeffrey Stout Eric Sealander Anthony Thomas Hugh Huff J. B. Warner Nellie Warner Harry Wright, Jr. Patricia Perkins Justin Perkins Jacob Lawton Austen Pittsenbarger Michele Lawton Valerie Goad David Pittsenbarger Richie Goad Alan Groseclose Dan Talbert, Jr. Donald Jones Sharon Owens Jerry Hughes Jimmy Ward Joel Burchett Steve Linkous Elmer Hanks Holly Ratcliff Leroy Ratcliff R. D. Warburton Charles Wade Nick Glenn Muriel Flynn Charles Stafford Don Simmons, Press B. J. Bowman Wood, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilwoman Mitchell led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following the roll call, Mayor Stewart added a Certification Resolution for the meeting held prior to the Council meeting and item 15c, Ordinance 2003-03. After welcoming the visitors and recognizing Cub Pack 143, Mayor Stewart introduced John Shaw of K. W. Poore and Associates, advising that he was to give a presentation. Mr. Shaw advised that he was a representative of K. W. Poore and Associates, who was assisting the Town with its application for Community Development Block Grant funds. He summarized the work that had been completed to date, what remained to be done before the deadline of March 26, 2003 and listed some of the proposed improvements. Next, Mayor Stewart moved on to the Public Hearings. He announced that the first item was a joint hearing with the Planning Commission to discuss amending the zoning ordinance to add a definition of cemeteries and to add cemeteries as a conditional use. Mr. Hawley advised that it had been discovered that cemeteries were not defined in the Town zoning ordinance, and that there were no standards for establishing cemeteries. It was decided that a definition and standards for establishing cemeteries was necessary to add to the ordinance. He explained which districts would be affected by the ordinance. 1 Mayor Stewart opened the Public Hearing at 7:20 p.m. There being no comments from the Public, the Hearing was closed at 7:21 p.m. Mr. Stafford, Vice Chairman of the Planning Commission, requested a roll call of the Planning Commission. Present were: Roy David Warburton, Charles Wade, Nick Glenn, Muriel Flynn, Charles Stafford and Mayor Stewart. Katy Kirk was absent/excused. The Planning Commission members then adjourned to the Council meeting room to formulate a recommendation to Council regarding cemeteries. While Planning Commission worked on their recommendation, Mayor Stewart moved on to the second Public Hearing regarding the zoning ordinance and zoning map. Mr. Hawley reviewed the steps leading up to the presentation of the draft ordinance to Council. He reviewed the text changes and the changes to the zoning map. There being no comments from Town Council, Mayor Stewart opened the Public Hearing at 7:32 p.m. Alan Groseclose and Joel Burchett addressed Council speaking in favor of the zoning ordinance and map citing an improvement to the tax base, an economic boost for the area and that it was in the best interest of the entire community. Mr. Burchett reminded Council that Mr. Frith, the property owner, had previously stated that his group would be more than willing to carry their own weight as far as proffers go and would take action to alleviate safety issues on Peppers Ferry Road. Everett Shockley spoke against the new zoning ordinance and the map citing that the area is surrounded by houses, the potential for the decline of property values in the area, that Peppers Ferry Road is dangerous and unable to handle more traffic, current shopping centers with available space, the fact that no proffer is required with the new ordinance, and that Council was dismissing the recommendation of the Planning Commission. There being no further comments, the Public Hearing was closed at 7:48 p.m. Councilwoman Steger then moved to adopt the Certification Resolution for the Closed Session held prior to the Council meeting, seconded by Councilman Fleenor and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye The next item on the agenda was the Consent Agenda. Councilman Worrell moved to adopt the Consent Agenda, consisting of the Council minutes of February 4, 2003, seconded by Councilman Fleenor and carried on voice vote. The first item under Committee Reports was Finance. Chairman Worrell advised that Committee met and discussed the Police Departments request to hire two experienced officers to aid with the shortage of police officers and apparent imminent military call up of some of the officers. 2 Finance Committee recommended that Council authorize the Police Department to hire two certified police officers at a salary based on their experience and passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye Chairman Worrell advised that Committee also discussed modifying the Town Attorney’s contract to raise the amount of the retainer to allow the Town Manager additional time with the Town Attorney and passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye Utilities Chairman Bolen advised that Committee met and discussed two claims resulting from a water break. The claims had been denied by the insurance company on the basis that the incident was no fault of the Town nor was negligence involved. The Committee recommended that Mr. Mitchell’s claim be paid and that the Town Manager be authorized to negotiate a settlement with Mrs. Eddie. Chairman Bolen advised that Committee also discussed painting a logo on the Pepper’s Ferry Road water tank. A suggestion was made to hold a contest to choose the type of logo, in connection with National Water Awareness Week, where members of the public would submit their ideas for logos for the tank. Additionally, Chairman Bolen said that Committee received a report on planned improvements to the Peppers’s Ferry Regional Wastewater Treatment system, and learned that RFP’s were to be issued for an engineering analysis of painting and maintenance work on the Town’s water tanks. Chairman Bolen also advised that Committee discussed complaints that snow was not being removed from sidewalks. Committee authorized the Town Manager to meet with Public Works and arrange the tracking of expenses incurred by the Town in clearing sidewalks in preparation in bidding out this service in next year’s budget. Additionally, the Town Manager was authorized to direct that the sidewalks on Route 11 be cleared by Town crews. In the Public Operations Chairman’s absence, Councilman Fleenor reported that Committee met and recommended that Council allow the Greater Pulaski Alliance to occupy the Train Station in the area formerly occupied by the Pulaski Chamber of Commerce. Councilwoman Steger moved to forward the recommendation to the Town Attorney and authorize him to draw up a lease, seconded by Councilwoman Mitchell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye Councilman Fleenor also advised that Committee recommended that Council approve the establishment of a farmer’s market at the train station parking lot. Town Manager Hawley advised that the Town’s insurance would cover this activity if listed as the Town of Pulaski Flea Market, administered by GPA. Secondly, he advised that since the Flea Market would be located in an Enterprise Zone, and was a Town of Pulaski project, the business license fees would be waived for the vendors at the Farmer’s Market. The vendors would still be responsible for sales tax and health department requirements. 3 Motion was approved to establish a Farmers Market at the Train Station parking lot and passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye Human Resource Chairwoman Steger advised that Committee met and discussed the rewriting of the Town’s Personnel manual. Chairwoman Steger advised that Committee recommended that the Town proceed with issuing of a Request for Qualifications for revision of the Town’s Personnel Policy Manual and passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye Chairwoman Steger advised that Committee also discussed the Town’s proposed Sick Leave Pool and staffing for the Redevelopment and Housing Authority. Chairwoman Steger moved to appoint the following people to the Redevelopment and Housing Authority for four year terms: Mr. Owen McKinnie, Mr. Nick Cole, Mr. Mike Cabtree, Mr. Alan Palmore,Rev. Vicki Houk, Mr. Eddie O’Dell. Motion passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Neblett Pauline G. Mitchell - Aye Safety Committee Chairman Fleenor reported that Committee met and received reports from the Fire Chief and the Police Chief concerning proposed salary adjustments for personnel in their respective departments. He advised that the Safety Committee voted to recommend to the Finance Committee that the police department be allowed to hire two police officers. The Fire Chief and the Police Chief were advised to include their salary adjustment requests with their budget proposals for review. Councilwoman Mitchell advised that the Clean Community Council is organizing a Clean up the County for the entire month of April. She requested that anyone willing to serve as Captain of an area, to please contact Mrs. English. Additionally, she advised that the Town will sponsor a clean up the Town in mid- April. Mr. Hawley advised that the Town will notify the press when the actual clean up date is set. Town Attorney Eley gave a projects update, which included work on personnel, zoning, and trail issues, ordinances, resolutions and the sick leave pool policy. Town Manager Hawley gave a projects update which included that work is ongoing on the sidewalk from Peppers Ferry to Frye St. along Memorial Drive; work on the logo idea on Route 11 water tank; work on the budget; review of soil testing for the proposed add on for Steer House; received bids for materials and labor for roofing at the Maple Shade property; investigation in conjunction with DEQ of a diesel fuel leak 4 in Sproules Run; consolidated flood damage reports and passed them on to the County for inclusion in their reports; and cleaning sidewalks along Route 11 after the last snowfall. Mayor Stewart moved on to Old Business. The first item for consideration was Resolution 2003-06, Appointing the governing and administrative committee for the “Art of the Garden” event. Councilman Bolen moved to adopt Resolution 2003-06, appointing the governing and administrative committee for the “Art of the Garden” event, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye Council then considered Resolution 2003-07, adoption of voluntary sick leave pool policy. Mayor Stewart advised of several spelling corrections, which had already been corrected by the Clerk. He inquired as to what a licensed practitioner was? Town Attorney Eley advised that the term should be licensed medical practitioner and the Clerk agreed to add that language where necessary. Councilwoman Steger moved to adopt the Resolution with the aforementioned changes, seconded by Councilwoman Mitchell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye The next item for consideration was Ordinance 2003-03. Town Attorney Eley explained that Ordinance 2003-03 gives permission for the Town Attorney and the Town Manager to proceed to satisfy all procedural requirements necessary and to institute proceedings to acquire an easement on the properties. Councilman Fleenor moved to adopt Ordinance 2003-03, acquisition of easement on properties by condemnation for use in the New River Trail Extension (Phase III), seconded by Councilman Black. Councilman Worrell advised that he would support this Ordinance, however he asked for assurance from staff that the Town will exhaust every effort to negotiate the easements. Town Attorney Eley responded that he felt that was understood. Motion to adopt Ordinance 2003-03 then passed on the following recorded motion: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye The first item under New Business was Ordinance 2003-04, Adoption of New Zoning Regulations with Amendments and Corrections. 5 Town Attorney Eley advised that Ordinance 2003-04 included the changes regarding the cemetery that were discussed in the joint public hearing with the Planning Commission. Charles Stafford, Planning Commission Vice-Chairman, advised that Planning Commission recommended to Council that the definition for cemeteries be listed as state code 54-1-2310 and that the inclusion of cemeteries in R-R, R-0, R-1, R-2, R-3, R-4 and R-5 be listed as a special exception. Councilman Worrell moved to adopt Ordinance 2003-04, adoption of new zoning regulations with amendments and corrections, seconded by Councilwoman Steger. Mr. Hawley hi-lighted the text changes to the zoning ordinance. Town Attorney Eley requested that the Text Changes be filed with the official minutes. The motion to adopt Ordinance 2003-04, adoption of new zoning regulations with amendments and corrections, then carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye The next item for discussion was Ordinance 2003-5 authorizing CDBG Planning Services Contract with K.W. Poore & Associates, Inc. Councilwoman Steger moved to adopt Ordinance 2003-05, authorizing CDBG Planning Services Contract with K. W. Poore & Associates, Inc., seconded by Councilman Worrell and passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Absent Pauline G. Mitchell - Aye Mayor Stewart advised of a Special Council Meeting to be held on March 18, 2003 at 7: 00 p.m. in the Council Chambers to hold a public hearing on CDBG. There being no further business, meeting adjourned on motion by Councilman Fleenor, seconded by Councilman Worrell and carried. 6