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HomeMy WebLinkAbout09-06-05Minutes of the Town Council meeting held September 6, 2005 at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Charles L. Wade, Mayor Council: Dan Talbert, Jr., Lane R. Penn, John T. Bolen, Joel B. Burchett, Jr. Bettye H. Steger Absent: Jeffrey S. Worrell Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney David Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director John White, Economic Development Director Bill Pedigo, Town Engineer Dave Hart, Parks and Facilities Director Bill Webb, Fire Chief Gary Roche, Police Chief Patricia Cruise, Clerk of Council Barbara Tate, Senior Center Director Others: Neil Posillico Amy Posillico Betty Bowers Rhea Saltz Carol Wade Mike Barb James Holliday Jennifer White Bill Warden Betty Quesenberry Robert Smith Kelly Barker, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Bolen led the Pledge of Allegiance and Councilman Burchett gave the Invocation. Following roll call, Mayor Wade awarded Barbi Tate, the Senior Center Director, with the August Employee of the Month Award. He read a press release aloud and congratulated Mrs. Tate. The next item on the agenda was Public Hearings. The first Hearing was in regard to a lease for the Blue Ridge Travel Association. Mr. Hawley advised that the Blue Ridge Travel Association wished to locate their offices in Pulaski. A draft lease had been sent to their Board of Directors to review. The Public Hearing had been called to meet the legal requirements for the Town. Mayor Wade opened the Public Hearing at 7:04 p.m. There being no comments, the Hearing was closed. Councilwoman Steger moved to direct staff to execute the lease with Blue Ridge Travel Association, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Absent 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 the second Public Hearing, allowing bed and breakfast as a Special Exception in R-1. Mr. Quesenberry advised that the zoning ordinance allowed B&B facilities in the R-2, R-3 and R-4 residential districts as a special exception. The Planning Commission recommended that the request be denied and the amendment not be adopted. He stated that if Council wished to accept the recommendation of the Planning Commission, then no further action was necessary. He added that if Council wished to proceed with the issue, they could approve the special exception for bed and breakfast facilities for the entire R-1 district, or they could approve the special exception for a portion of the R-1 district and return the issue to the Planning Commission for consideration as to whether or not a new district should be formed and if so, should bed and breakfast be a by right use or a special exception. Mayor Wade commented that several realtors had stated that bed and breakfasts would be a good fit in the houses in the historic district. Because of the comments he received, he asked that it be presented to Council. During discussion, Councilman Penn suggested the approval of the special exception for bed and breakfast facilities in the historic area only. Mayor Wade opened the Public Hearing at 7:10 p.m. There being no comments from the public, the Hearing was closed. Mayor Wade commented that fairly recently the zoning ordinance had been changed to permit home businesses. He felt that with a Special Exception, Bed and Breakfasts could be controlled. Following discussion, Councilman Penn moved to approve Bed and Breakfasts as modified (in the historic district areas of R-1 as a Special Exception), seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Absent 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 the Public Comment period. Betty Bowers of 156 Third Street, NW, addressed Council with a request to have an alley repaved. She advised that the alley receives a lot of traffic. Staff was directed to review the request and contact Mrs. Bowers with an answer. Next, Rhea Saltz of 176 Third Street, NW addressed Council. He reiterated the request to pave the alley. He advised that he had spoken with staff previously and no one had contacted him again. Staff advised that they would review the request and contact both Mr. Saltz and Mrs. Bowers. Next, Robert Smith addressed Council regarding a trailer across from his home at 301 Magazine Street. He submitted pictures of the empty trailer, which was totally overgrown with vegetation and was falling down. He complained that he had been trying to get the trailer removed for the last six or seven years. He says he had repeatedly been advised that it was in the hands of the Town lawyer. However, the trailer still stands. He asked Council to help him get the trailer removed. Mr. Hawley advised that staff had been working on this case for several years. He thought there had been some question of ownership changing hands a few times. He commented that he did not think it was on the Town’s current list scheduled for court, however, staff would review it again. Next, John White, Economic Development Director, introduced Neil and Amy Posillico to Council. He advised that they were opening a new business in Town called Geno’s. Council welcomed the couple. Mayor Wade announced that he had received a Virginia Department of Transportation Communication survey. He asked staff to complete the survey. Mayor Wade noted that he received a letter from the Hudson family advising that their family bought a Buffalo fire engine at auction in 1994. They restored the engine and donated it to the Town to go into the Museum. They expressed their disappointment that the Museum had not been completed yet and that the Town was storing the vehicle in a shed. The Mayor suggested moving the vehicle to the Maple Shade Plaza in the old Wade’s deli where it could be seen through the window; reframing the sign and placing lights on timers so that it could be seen by the citizens. This would be a temporary fix until the Museum was completed. Councilwoman Steger advised of a request from the Pulaski County 4-H Equestrian Team for a donation for an upcoming tournament. She acknowledged that Council usually did not support these type of requests, but wondered whether Council should rethink their stance. Following discussion, the consensus of Council was to continue making donations on an individual basis. However, they did suggest that the service groups in the area could be contacted. Councilman Bolen moved to accept the Council minutes of August 2, 2005 as written, seconded by Councilman Penn and carried on voice vote. The next item on the agenda was Project Updates. Mr. Hawley advised that the first item was regarding street resurfacing. He advised that for the citizens edification, alleys are maintained out of the Town’s general tax fund. The main roads are maintained out of the street maintenance funds that are provided by the state. Mr. Pedigo, Town Engineer summarized the street resurfacing completed this year. In response to a question from the Mayor concerning leveling manhole covers, he advised that the street foreman planned to repair the existing manhole covers so that they did not extend above the street. In response to a question from Council, Mr. Hawley and Mr. Pedigo explained the process that determines which streets will be paved each year. Mr. Pedigo also discussed the bid for installing the water and sewer lines at the Pulaski Business Park. He advised that since the bids were much higher than expected, Town staff planned to install them. They have temporarily stopped work on Pepper’s Ferry Road while they work on the water and sewer lines. Mayor Wade moved on to the burn building update. Fire Chief Webb summarized the development in the burn building project including the date of the pre bid conference and the deadline for bids. The next item on the agenda was a water meter reading system. Mr. Hawley advised that staff had met with several companies regarding a new water meter reading system. He advised that it appeared it would cost approximately $650,000 to change to a new system. He noted that only one staff person and one vehicle would be required to handle meter reading with a new system, which would provide some savings. He added that staff had scheduled another demonstration and invited anyone with interest to attend. In the meantime, he advised that staff would continue to review systems and return to Council with an update as soon as possible. Mayor Wade moved on to Christmas banners/decorating. Mr. Hawley presented several Christmas banner and decoration brochures to Council. He asked for input as to the type desired. Mr. Hawley advised that Council could express their views at the next Council Work Session. Mayor Wade advised that he was considering some plans for the Heritage Park at Christmas time. He thought it would be appropriate to have a celebration at the Park, lighting a tree that is growing there, having a performance by a choral group, perhaps have the school band play Christmas carols and the band boosters provide food for sale. The Mayor would try to light the tree at the same time that the President lights the tree in Washington DC. He opined that it would be a wonderful community affair for the holidays. The next item on the agenda was New River Trail environmental. Mr. Hawley advised that staff has been gathering all the final documents to submit to the VDOT’s Environmental division in Salem. They are waiting for one letter from the Department of Conservation and Recreation and then the packet can be submitted. Mayor Wade moved on to Calfee Park infield turf. Mr. Hawley advised that the infield turf at Calfee needed to be improved. Staff met with Dr. Mike Goatley, Virginia Tech Turf Specialist and determined what needed to be done to improve the field. The total cost would be approximately $12,100, depending upon haul rates. There was not enough in the budget line item to fund this project, but staff detailed where funds would be obtained. The next item discussed was long term camping. Mr. Hawley advised that Council had a memo in their packet regarding staff recommendation regarding long term camping. Council was asked for their comments regarding the memo. Councilman Bolen commented that he supported the recommendation. Councilman Penn and Talbert commented that an exception could be made to allow the Casey workers to stay at Gatewood as long as they were made aware that the Town would not be clearing the roads etc. or any other maintenance that would not normally be done in the wintertime. The question arose that if someone else wanted to do the same thing, how would you turn them down? Mayor Wade inquired whether the company that did the hydro seeding at Gatewood had been contacted? Mr. Hart responded that he had contacted them and they were supposed to come and review the project. The next item was regarding a 9-11 Remembrance. Mr. Hawley advised that the V.F.W. Post 1184 had sponsored a 9-11 Remembrance Service each year since the tragedy. They were sponsoring a memorial again this year. Town staff would assist them in getting refreshments donated for the service. This year, the service will be held Sunday, September 11 at 2:00 p.m. in Jackson Park. Council and citizens were invited. Mayor Wade moved on to Old Business. The first item was Ordinance 2005-35, Approving a Special Exception for the Governor’s School. Councilman Penn moved to adopt Ordinance 2005-35, Approving a Special Exception for The Governor’s School, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Absent 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 delinquent tax write off. Ms. Boyd advised that the statute of limitations had run out on collecting older real estate, personal property and mobile home taxes. The amount to be written off is approximately $632,851 including penalty and interest. Ms. Boyd proposed a plan for aggressive tax collection by retaining the services of a collection agency. Following extensive discussion, the consensus of Council was that a Request For Proposal was not necessary. Therefore, Ms. Boyd was directed to contract with a collection agency to pursue the delinquent taxes. Any delinquent taxes that would reach the statute of limitations within one year were to be given to the Town Attorney for his review and recommendation. All other accounts were to be turned over to the collection agency. Mayor Wade moved on to New Business. Mr. Hawley advised that Homeland Security had issued a directive that required the Town to adopt the National Incident Management System as the Towns standard for incident management. He advised that all Town employees were taking a course and test to fulfill this requirement. Mayor Wade inquired what would happen if the Town suffered some type of catastrophe? Mr. Hawley advised that there was an Emergency Management Plan in place. He added that the Local Emergency Planning Committee is being reorganized. Mayor Wade commented that the 9-11 tragedy and the recent hurricane had pointed out a weakness in emergencies in the communications area. He wondered what type of communication would be available in the area if a serious event were to occur? He asked that staff research the topic and report to Council. Mr. Hawley briefly reviewed the communication system at this point. He advised that he would report to Council in more detail at a later date. Councilman Penn moved to adopt Resolution 2005-35, For the Adoption of the National Incident Management System, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Absent 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 the accessory building for the Maple Shade Inn. Mr. Hawley advised that the Town had been offered an original accessory building from the Maple Shade Inn. After discussion with staff, staff recommendation was to refuse the building at this time. Mayor Wade advised that he personally thought the building should be preserved. He added that he asked a citizen to look at the building to determine its condition and whether it was movable. The citizen advised that it could be saved and offered to move the building to the Maple Shade parking lot for the Town. He asked that Council approve acceptance of the building. Councilman Penn added that perhaps volunteers could refurbish the building. Following discussion, the consensus of Council was to accept the building and the offer of Mr. Warden to relocate the building. Staff was directed to choose a spot for the relocation and inform Mr. Warden. Mayor Wade moved on to representatives to the Peppers Ferry Regional Wastewater Treatment Authority. He advised that appointment needed to be made and staff suggestions were included in the Council packet. Following discussion, Councilman Talbert moved to direct the Town Attorney to prepare a Resolution incorporating the following appointments to the Peppers Ferry Regional Wastewater Treatment Authority: Appointing Bill Pedigo to replace Dr. John Johnston with the term ending December 31, 2008. John Bolen was appointed as alternate for Bill Pedigo. Appointing Lane Penn to replace Mr. Jim Neblett with the term ending December 31, 2007. Jeff Worrell was appointed as alternate for Lane Penn. The motion was seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Absent Lane R. Penn - Abstain Dan Talbert, Jr. - Aye John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was zoning review fees. Mr. Hawley advised that staff had been asked whether the fees incurred in zoning issues covered the Town’s actual cost. After researching the topic, staff feels that the fees are not being covered. Following discussion, Council felt that the Town should recover the costs involved in zoning issues. Staff was directed to come up with a schedule to bill for zoning issues. Mayor Wade moved on to a citizen request for ATV-Dirt Bike Ordinance. Mr. Hawley advised that a citizen in the Newbern Road area had complained about the dust and noise from dirt bike riders in the area. The citizen had researched the topic and provided a sample ordinance for Council’s review. He asked that Council adopt an Ordinance prohibiting ATV-Dirt bike riding in Town limits. Following discussion, staff was asked to research the topic in more detail and return to Council. The next item on the agenda was the Richardson proposal for Heritage project. Dr. John White addressed Council regarding a proposal for the Heritage project. He advised that many pictures have been collected in the last year and numerous photographs preserved. However, more funding is needed. He asked Council to endorse the project as the Town’s singular project for submittal to the Richardson Foundation for 2005-2006. Mr. Hawley advised that in the past, Council has solicited support from the Richardson Foundation for the Museum. In fact, they have made three awards of $5,000 each year for the Museum. Following discussion, Councilman Penn moved to approve endorsement for the Heritage Project from the Richardson Foundation, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Absent Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye At 8:50 p.m., Councilwoman Steger moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by counsel. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Absent Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade – 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 - Absent Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade – Aye There being no further business, the meeting adjourned.