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HomeMy WebLinkAbout01-10-06Minutes of the Town Council meeting held January 10, 2006 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Charles L. Wade 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 David N. Quesenberry, Ass. To the Town Manager Randolph D. Eley, Jr., Town Attorney Sherry Boyd, Finance Director Gary W. Roche, Police Chief John White, Economic Development Director Patricia Cruise, Clerk of Council Others: Debbie Dobbins Jim Peck Don Copenhaver Lester Ernest Robert Smith, Jr. Kathy King Perry King Carol Wade Jennifer White Kim M. Edmonds Arthur L. Meadows David Kanode, Jr. Betty Quesenberry Kelly Barker, Press Paul Dellinger, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Penn led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Following roll call, Councilwoman Steger moved to add a Closed Session to the agenda under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by the counsel. 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 Mr. Hawley advised that the first item on the agenda was a Public Hearing for a request to rezone 3.17 acres at the intersection of Medallion Drive and Bob White Boulevard from B-1 and R-2 to B-2. Mayor Wade opened the Hearing at 7:02 p.m. Deborah Dobbins addressed Council on behalf of the Aldersgate United Methodist Church and their Trustees speaking against the proposal. She cited concern with increased traffic at the intersection of Medallion Drive and Bob White Boulevard, and the type of traffic that might frequent the businesses under the proposed use. Additionally, she stated that on a personal level, she was concerned about the amount of traffic and the type of clientele that might frequent the business and preferred that the current zoning remain in place. There being no further comments, the Public Hearing was closed at 7:04 p.m. From the staff, Mr. Quesenberry advised that the Planning Commission had reviewed the case and recommended rezoning Lot 008 B-2 General Business District for the automotive dealership and retail building, and rezoning lot 0009 and 0010 B-1, Local Business District, so the storage buildings would be located nearest to the residential area. The Commission did not issue a recommendation on combining the lots. Councilwoman Steger commented that the front of the lot facing Bob White Boulevard did not look wide enough for its use. Mr. Quesenberry advised that the first request was to combine all three lots in to one. The Planning Commission recommended otherwise. Councilman Penn commented that in the past he had asked for reports to include elevations in the plan. He could not tell the intent from one line drawings. Councilwoman Steger moved to decline the request, seconded by Councilman Penn and carried on the following voice vote: Jeffrey S. Worrell - No Lane R. Penn - Aye Dan Talbert, Jr. - No John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to Planning Commission Case 2005-24AZ. Mr. Hawley advised that this Case concerned adding a zoning amendment for a definition of cluster housing and a recommendation for what district it would allow cluster housing in. He added that the current zoning ordinance did not address this type of housing and it seemed to be becoming popular in the area. Mayor Wade opened the Hearing at 7:12 a.m. There being no comments from the Public, the Hearing was closed. Mr. Quesenberry advised that the Planning Commission met to discuss the request and recommended that this type of housing be placed in the R-3, Residential District as an overlay district. Additionally, he advised that the Commission’s definition of cluster housing was “A development design which places attached dwellings in close proximity to each other with nearby spaces set out for common use of the dwelling owners”. Mr. Hawley commented that staff recommended that this type of housing needed to be allowed by right or not allowed. It should not be an overlay district. Councilman Talbert moved to accept the staff recommendation that this type of housing be allowed by right subject to the regulations being approved, seconded by Councilwoman Steger Councilman Penn made a substitute motion to delay action until the Planning Commission had decided on the regulations related to cluster housing. Councilman Bolen seconded the motion and failed on the following recorded vote: Jeffrey S. Worrell - No Lane R. Penn - Aye Dan Talbert, Jr. - No John T. Bolen - Aye Bettye H. Steger - No Joel B. Burchett, Jr. - Aye Mayor Wade - No Council then voted on the original motion to accept the staff recommendation that cluster housing be allowed by right, subject to the regulations being approved by the Planning Commission and the Council and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - No Dan Talbert, Jr. - Aye John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Public Comment Period. Don Copenhaver addressed Council expressing concern that delinquent taxes dating back twenty years had not been collected and had been turned over to a collection agency. He asked that Council institute procedures so that it would not happen again. He stated that if a business handled their money in this way that heads would roll. He encouraged them to create a line item in the budget to cover printing costs of those who do not pay their taxes and advertise the names each year. Mayor Wade thanked Mr. Copenhaver for his comments. He responded that the Town had collected anywhere from 92 to 97 percent of the taxes in eight of the last ten years. The other two years, they collected approximately 89 percent of the taxes. The County averages 90 to 95 percent collection of their taxes per year. He felt that it was unfair to say that the Town is not working on collecting taxes. He added that there is no data that supports the premise that by publishing delinquent taxpayers in the paper you collect more taxes. He stated “to insinuate that the Town is not moving forward to try to collect these taxes is erroneous. They’re doing a number of things right now to collect those taxes. If anybody ever thinks we’ll collect 100 percent of them in a year, I think there’s something wrong because it’s not going to happen. So I think it’s unfair to insinuate in any way that the staff is not working hard in collecting these taxes”. He added that “staff had put in place two or three programs to try to collect taxes from people that are not paying and they needed to be allowed to work. If it doesn’t work, then new ways can be implemented”. He added that “regarding the comments about if it was a business heads would roll for not collecting the taxes, we would have to go back twenty years to decide whose head to cut off”. He stated that he “was not in favor of spending more money to advertise in the newspaper to try to collect taxes that I don’t think will work any better than, and not as good as, the procedures being placed in force right now”. Councilman Bolen stated that “he talked to the County Treasurer the day before yesterday. They have a different logic on advertising than the Town does”. Mayor Wade interjected “and that’s why reasonable people disagree”. Councilman Bolen continued that “they(the County) advertise all those that are delinquent on the first year they become delinquent and everything behind that is also delinquent and subject to sale for the tax. Once the Board approves advertising in the paper the tax list, that the next day and on, tax collection picks up tremendously”. He added “so it is an asset to put it in the paper and you get your money back in a hurry”. Mayor Wade disagreed with Councilman Bolen advising that he had also spoken with the County and found that they have some other procedures that they follow there that they didn’t tell Councilman Bolen and it had nothing to with the advertisement in the paper. Councilman Bolen advised that he was quoting what she said to him. Mayor Wade thanked Councilman Bolen and commented that he had talked with her also. Mayor Wade moved on to the Consent Agenda. Councilman Penn moved to adopt the Consent Agenda consisting of the minutes of November 1, 2005 and December 6, 2005 as written. The motion was 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 Mayor Wade moved on to Old Business The first item was Ordinance 2006-01, rezoning lots 28 and 60 of the Bond Cote property to I-2 Industrial District. Mr. Hawley advised that a Public Hearing had been held at the last Council meeting and Council had directed staff to prepare the proper document for modifying the zoning ordinance. Councilman Worrell moved to adopt Ordinance 2006-01, Rezoning lots 28 and 60 of the Bond Cote property to I-2 Industrial District, 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 The next item on the agenda was Ordinance 2006-02, Rezoning three properties at the intersection of Burgis and Deerfield Drive. Mr. Hawley advised that these were properties acquired by BondCote. They were not part of the original BondCote complex. At the Public Hearing, Council directed staff to prepare the proper document. Councilman Worrell moved to adopt Ordinance 2006-02, Rezoning three properties at the intersection of Burgis and Deerfield Drive, 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 The next item for consideration was Ordinance 2006-03, Special Exception to amend the number of vehicles that may be kept at 1250 East Main Street. Mr. Hawley advised that at the last Council meeting, Council directed staff to prepare the proper document to modify Ordinance 2001-02, to increase the number of vehicles that may be stored at 1250 East Main Street. It will also be used as a resale of damaged and reclaimed vehicles. Councilman Talbert moved to adopt Ordinance 2006-03, Amending Ordinance 2001-02, to increase the number of vehicles that may be stored at 1250 East Main Street. 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 was Ordinance 2006-04, Allowing bed and breakfast establishments as a special exception in the R-1 Residential District and Residential Historic Districts. Mr. Hawley advised that the Ordinance takes into account both Public Hearings by Planning Commission and Council to allow this change in the zoning ordinance. Mr. Eley, the Town Attorney, asked Council to consider the effect of the proposed use on traffic in the neighborhood, the current and future need of the proposed use in the Town, the character of the existing neighborhood, and the effect of the proposed use on existing property values. If they determined that none of the above factors outweigh the benefits of the use or would be a substantial factor that would justify denying the use, then they could adopt the Ordinance. Following review and comments, Councilwoman Steger moved to adopt Ordinance 2006-04, Allowing bed and breakfast establishments as a special exception in the R-1 Residential District and Residential Historic Districts. 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 Ordinance 2006-05, Rezoning the parcels at the intersection of Cardinal Drive and Route 11 to Residential Office. Mr. Hawley advised that following the required Public Hearing, staff was directed to prepare an Ordinance allowing the rezoning. Councilman Worrell moved to adopt Ordinance 2006-05, Rezoning properties at the intersection of Cardinal Drive and Lee Highway. 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 The next Ordinance was 2006-06, Special exception for an electronic changeable copy sign at 1060 East Main Street. Mr. Hawley advised that following the required Public Hearing Council directed staff to prepare an Ordinance approving the special exception. He asked Council to consider the effect of the proposed use on traffic in the area, the current and future need of the proposed use in the town, the character of the existing area, and the effect of the proposed use on existing property values. If they determined that none of the above factors outweigh the benefits of the use or would be a substantial factor that would justify denying the use, then they could approve the Ordinance. Following review and discussion, Councilman Talbert moved to adopt Ordinance 2006-06, Special exception for an electronic changeable copy sign at 1060 East Main Street. 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 moved on to tax publication costs. Mr. Hawley advised that Council had directed staff to estimate the cost to publish the delinquent tax list in the newspaper. He summarized the estimated cost for the ad. Additionally, he advised that if Council wished to advertise the delinquent taxes each year, it needed to be included in the budget. Councilman Bolen made the following statement: “The memo that was given to us, to me, just generates confusion and it doesn’t offer any real solution in my mind to accomplishing what we want. It just reflects the don’t do anything attitude that got us into this problem to start with”. Mr. Hawley interjected that the memo reflects what we were requested to do last time. Councilman Bolen continued “However, this tax list that we’re talking about- all these 4,000 names, can be reduced significantly by just listing the taxpayer, the name and show the years the property is delinquent in. That would cut down probably 50% of what you have to put in there to get a list. Then, the list also shows everything from 30 cents to the maximum dollars. And there wouldn’t be much point in running one for 30 cents I wouldn’t think… or maybe even up to $50. They could be cut down and run from $50 up and that would cut another 50% out of them. And you’d end up with about half or maybe even a fourth of the number that you’re talking about, and the list would be the heavy tax debts. And, the County only lists the one- the first year in which that tax becomes eligible for closure – they list that one. Everything behind that is also subject to foreclosure. And, as I said while ago, the Town Treasurer told me a day or two ago that once the notice is published, tax collections go up tremendously. People come in and pay their taxes. They don’t want to be on the list”. Councilman Bolen then moved for Council to consider that the delinquent tax list be prepared leaving off the values of $50 and below and list taxpayers name one time for each property and the year they are delinquent. Additionally, he requested a written status report on what we are now doing on collecting taxes, if that could be done. Councilman Burchett seconded the motion. Councilman Worrell commented that before he could support the motion, he would have to have compelling evidence that publishing the list would generate enough collection to justify the expense of doing it. He added that he did not have that evidence at that time. Mayor Wade commented that the last time the delinquent taxes were advertised, the Town collected roughly 30% of the outstanding taxes. He added that Council directed staff to contract with a collection agency to pursue the outstanding taxes. He felt that the system needed to be given a chance to work before spending more money and more effort to try to do something for which there is no compelling evidence that it would help. He continued that the ads could always be placed later if this method did not work. Councilman Bolen inquired why advertising the delinquent taxes in the paper would take anything away from the staff? Mayor Wade advised that if the Town wanted to use this list as a method of eventually foreclosing on property, it would have to go through the legal staff. Mr. Hawley confirmed the Mayors comments and added that it was his understanding that taxes must be delinquent for three years before a piece of property could be foreclosed for delinquent taxes. Councilman Bolen inquired whether the legal department had been given a delinquent taxpayers list? Mr. Hawley advised that Council directed staff to turn the list over to a private collection agency. If they are unable to collect the taxes, they will create a list to give to Council with the recommendation that the taxpayer be taken to court. At that time, the remaining delinquent taxpayers would be advertised. Additionally, Mr. Hawley advised Council that staff would have to check to see if the current computer program would sort the delinquent tax list according to outstanding balance. If not, staff would have to manually go through the current list to pull the balances that were $50 and under as requested by Councilman Bolen. Mr. Hawley reiterated that in the future, if Council wished to advertise the delinquent tax list, money could be put into the budget to accomplish that. Councilman Talbert inquired whether Council had ever published the delinquent tax list? Mayor Wade answered that to his knowledge, the list had been published in 2000 and 2001. Ms. Boyd, the Finance Director advised that in 2001 and 2002, the Town published for judicial sale. The ad was in a legal format so that if the payment was not received, staff could go forward for a judicial sale. Councilman Talbert inquired into the results of those ads. Ms. Boyd answered that there was approximately a 30% collection. Councilman Burchett inquired whether any of the properties were taken to judicial sale. Mr. Hawley answered no. The Town Attorney interjected that the severe cases were taken to court. He explained that the reason for the notice was to either take the owners to court or go to judicial sale if necessary. If the delinquent taxes were not paid, they were then taken to court. Following more discussion, Mr. Hawley reiterated that Council directed staff to hire a collection agency for the delinquent taxes. Staff did that. The agency is going to take every measure they can. They will come back with a list to go to sales. He added that if that’s not Council’s decision, they need to tell him so that he could stop the contract that had been issued before they progress too far along. There’s no cost to the Town with the contract. Mayor Wade responded that Council was aware of what they directed staff to do. He asked for a vote on the motion on the table. Council voted on Councilman Bolen’s motion for Council to consider that the delinquent tax list be prepared leaving off the values of $50 and below and list taxpayers name one time for each property and the year they are delinquent. It failed on the following recorded vote Jeffrey S. Worrell - No Lane R. Penn - No Dan Talbert, Jr. - No John T. Bolen - Aye Bettye H. Steger - No Joel B. Burchett, Jr. - Aye Mayor Wade moved on to Maple Shade improvements. Mr. Hawley summarized the status of the improvements at the Maple Shade. He advised that the front façade was being removed; one quote had been received to replace the slanted roof with green metal, with two more quotes expected. He added that some false dormers will be added which would also provide an access area to the electrical area. The Dollar General sign had been removed in preparation for that update. Discussion had been held regarding how to best upgrade an area of the parking lot where water ponds. Staff hoped to be able to address the sidewalk in the spring. He noted that approximately $170,000 was still in the budget to facilitate the upgrade. He advised that Kim Webster was working on a landscape plan for the lot. Mayor Wade advised that a local artist was drawing a rendering of the façade of the Maple Shade. It was hoped that the first set of drawings would be ready in approximately a week. The next item on the agenda was an update on acquisition of right-of-ways for the Trail. Mr. Hawley advised that since staff had informed Council about the problems with some of the easements for Phase III of the Trail, staff had assembled a summary of the status of each easement. He advised that some of the easements had a clause in them that said that if construction was not started within three years it was void; other easements had problems with the notary; and still others had problems with the documentation for trustees. He added that staff had already begun acquiring new easements. The next item on the agenda was Virginia’s Nano Technology Park update. Mr. White advised that staff had applied for a planning grant to determine the feasibility of and develop a business plan for Virginia’s Nanotechnology Park in the Town. Staff had been notified that DHCD planned a site visit within the next ten days. He advised that the ownership of the park needed to be clarified and suggested that it should be in public hands. This could be under the Redevelopment and Housing Authority, or by the Town or County’s Industrial Development Authority. He added that a tentative location for the Nano Technology Park had been found across the street from Magnox. Staff will continue to work with Magnox on the possibility of developing possible university collaborations and sources of public and private investment. Mayor Wade moved on to New Business. The first item was appointment to Planning Commission. Mr. Hawley advised that Kevin Meyer had been appointed last year to complete the unexpired term of Mr. Stafford which expires February 1, 2006. He added that Mr. Meyer had completed the Certified Planning Commissioner course. Staff recommended that Mr. Meyer be appointed a full four year term on the Planning Commission which would expire February 1, 2010. Councilman Worrell moved to appoint Kevin Meyer to the Planning Commission for a four year term to expire February 1, 2010. The motion was 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 The next topic was lease arrangement for Lady’s and Sis’s Women’s Clothing. Mr. White advised that Yolanda Hunter wished to open a women’s clothing store in the Maple Shade Shopping Center. He asked that Council approve a lease in principal and authorize the staff to prepare the space for her contractor to complete. The details of the lease would be worked out with the Town Attorney and would follow the example set by the past leases in the Maple Shade. It would be a three year lease, with the first year of the lease payments being suspended if the complete lease was fulfilled. The payment would be $2.00 per square foot, with the lessee paying all utility costs. Mr. Hawley advised that a Public Hearing would have to be scheduled for the first Council meeting in February. Following discussion staff was directed to move forward to prepare the space and to schedule a Public Hearing for the February 7, 2006 Council meeting. Next, Councilman Bolen interjected that he had asked earlier in the meeting for a status report on what staff is doing to collect the delinquent taxes and had received no acknowledgement. Mayor Wade asked the Town Manager to direct the Finance Director to create a status report on delinquent tax collection and submit it to Council in a memo form to be read by Council. At 8:25 p.m., Councilwoman Steger moved to enter into Closed Session for two items under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by the counsel. 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 8:48 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Talbert, 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 There being no further business, the meeting adjourned on motion by Councilman Penn, seconded by Councilman Talbert and so carried.