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HomeMy WebLinkAbout09-05-06Minutes of the Town Council meeting held September 5, 2006 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., Lane R. Penn, Joel B. Burchett, Jr., David L. Clark, Larry Clevinger, II Staff: John J. Hawley, Town Manager David Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Randolph D. Eley, Jr., Town Attorney John White, Economic Development Director Sherry Boyd, Finance Director Bill Webb, Fire Chief Gary Roche, Police Chief Brandon Hamblin, Firefighter Others: Robert Whitman C. R. Bopp Robert Bopp Mickey Seagle Tracey Harriman Shirley Bandy Robert Bandy Ruth Hayter Dennis Beavers Melissa Beavers Toni Ayers Ann Goodim Dennis Bane M. O. Vaughn, Jr. Clyde Caviness Shannon Collins Yolanda Hunter Jeff Jones David Adkins Pam Whitesell Brett Whitesell Jennifer White Carol Wade Betty Quesenberry Clyde Caviness Paul Dellinger, Press Anastasia Anderson, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Clark led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Mayor Wade advised that the first item on the agenda was the Employee of the Month award. He introduced Brandon Hamblin, the Employee of the Month for August, 2006. He read a press release aloud and congratulated Mr. Hamblin. He noted that in addition to this honor, Mr. Hamblin would receive an additional paid day off from the Town and be considered for the Employee of the Year award in December. The next item on the agenda was Public Hearings. Mayor Wade advised that the Hearing was scheduled to hear a request to close a portion of an undeveloped alley behind 201 S. Washington Avenue. Mr. Quesenberry summarized the request, and advised that the owners of the property, Charles and Anita Goodwin had been mowing and maintaining this portion of the alley. He advised that there was no opposition to the request from staff. Mayor Wade opened the Public Hearing at 7:08 p.m. Clyde Caviness addressed Council requesting that the entire alley be closed, not just one portion. There being no further comments from the Public, the Hearing was closed. Randy Eley, Town Attorney, advised Council that the statute provides that the Town can recover its legal costs from the petitioner and that had been the Town’s policy in the past. Following discussion, Councilman Penn moved to grant the right-of-way closing for the entire alley and instruct staff to prepare the appropriate documentation which would contain a provision that the Town would retain all utility easements. He further moved that the petitioner not be charged legal expenses by the Town. The motion was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was Public Comment Period. Ruth Hayter addressed Council complaining of too many cats at 119 Sixteenth Street. She advised that the cats are always at her house resulting in an offensive odor. Staff was directed to investigate the issue and contact Ms. Hayter with the information. Next, Jeff Jones addressed Council. He advised that he was speaking as a citizen, business person and a G.P.A Board member. He advised that G.P.A. would not be holding Pulaski Fest this year. He explained that they decided that more emphasis needed to be placed on helping the small businesses in Town. Additionally, he advised that they would be monitoring the progress made in the Town and challenging Council when progress was not made. They offered their assistance to Council to further the progress in the Town. The next item on the agenda was the Consent Agenda Councilman Worrell moved to approve the Consent Agenda consisting of the Town Council minutes of August 1, 2006, seconded by Councilman Penn and carried on voice vote. Mayor Wade asked for and received updates on items from the July 11, 2006 Council meeting. Mayor Wade moved on to Project Updates. Mr. Hawley provided an update on the New River Trail regarding the right-of-way certification from VDOT. He advised that staff hoped to be able to get approval to bid from VDOT by December. Mayor Wade moved on to CDBG downtown. Mr. White advised that a draft letter had been included in the packet for Council’s review giving final notice to owners in the downtown area regarding blight. Eliminating blight is one of the conditions of the CDBG grant. He read a definition of blight. If owners do not correct the problem after receipt of the letter, the Town will take corrective action. Mr. Eley, the Town Attorney added that he recommended adding an additional phrase to the final notice letter. At the end of paragraph three, after the word zoning ordinance, add “and/or other applicable law”. Following discussion, Councilman Worrell moved to direct staff to prepare and send out the blight letters, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mr. White then provided a revised schedule for installation of the concrete and trees in the downtown area. Mayor Wade moved on to Old Business. Mr. Hawley advised that according to the staff research, the Town may adopt a parallel Ordinance to the state regarding vicious dogs. Following discussion, Councilman Penn moved to direct staff to prepare a vicious dog Ordinance, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Regarding two way traffic in the downtown area, Mr. Hawley advised that survey results from the downtown area indicated no need to change the traffic pattern. The survey did request more directional signage in that area. New signs will be installed by staff. Mayor Wade commented that the intersection at 5th and Washington was dangerous. He advised that he was in the car with some guests who were driving and almost had a wreck. He asked Engineering to look at that intersection again. Mr. Hawley advised that he would speak with the Salem VDOT representative about the intersection. Councilman Penn advised that the signs on Randolph Avenue directing to Interstate 81, actually direct traffic back to Randolph Avenue. Mr. Hawley advised that staff would look at the signs. Mayor Wade moved on to Loving Field. He called on C.R. and Robert Bopp to address Council. C.R. Bopp addressed Council explaining that the Loving Field property had previously belonged to his relatives. He requested that if the land was sold, that they be given first refusal on the property before offering it to the general public and at that same value that it sold for, but adjusted for inflation. They wished to return the land to farm use. Mayor Wade asked Mr. Hawley whether the land was acquired by eminent domain or by a regular sale? Mr. Hawley and Mr. Eley advised that there was a deed. Mayor Wade asked Mr. Bopp if he recalled the specifics? Mr. Bopp replied that the land was taken for the development of the airport. He thought that it was eminent domain. From the public, Robert Whitman addressed the Council. His land adjoined the property. He advised that there was some type of coercion involved in the transfer of the property. Following discussion, staff was requested to research the topic and return to Council. Mayor Wade moved on to rental inspections. Mr. Hawley advised that rental inspections had been discussed by Council on several occasions in the past and faced a considerable amount of opposition. Since then the state had approved designating rental inspection districts. He inquired whether Council wished staff to look into rental inspections again. Following discussion, staff was directed to draft a plan to present to the public and to provide a time frame for implementation at the September 19 meeting. The next item on the agenda was Leash Ordinance 2006-27. Mr. Hawley advised that following research, staff had proposed that the penalty associated with the leash ordinance would be a Class 4 misdemeanor with $100 fine for a first offense, $250 fine for second offense, and a third offense would result in a Class 3 misdemeanor with a $500 fine. Mayor Wade asked whether a citizen seeing the offense was sufficient for reporting to the authorities? Mr. Eley responded yes. He added that the citizen could call the police or they could go straight to the magistrate. Following discussion, Councilman Worrell moved to adopt Ordinance 2006-27, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was Resolution 2006-18, Authorizing a Short-Term Lease with Cavalier Supply. Mr. Hawley advised that per Council’s direction, Resolution 2006-18 had been prepared. Following discussion, Councilman Worrell moved to adopt Resolution 2006-18, Authorizing a Short-Term Lease with Cavalier Supply, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Resolution 2006-19, Transfer of G.O. Bond Funds to James Hardie Project. Mr. Hawley advised that this Resolution had been prepared according to Council’s direction. Councilman Penn moved to adopt Resolution 2006-19, Transfer of G. O. Bond Funds to James Hardie Project. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to New Business. The first item was Maury Avenue Request for Land Swap. Mr. Hawley advised that a letter had been received and included in the packet requesting a land swap between the Town and Mr. and Mrs. Dennis Beavers. He explained that water run off from the water treatment facility runs across the back of the Beavers lot. They wished to trade land at the back of their lot for land at the front of the Town’s lot, which would make their lot more useable. They added that if the swap was not acceptable, they wished for the Town to divert the runoff so that it won’t run across the top of their property; and that “no parking” on the vacant lot be enforced. Following discussion, Councilman Worrell asked that no action be taken until Council was given the opportunity for a site visit and staff did some additional research regarding the easement in the area. The next item on the agenda was TEA 21/Richardson grants. Mr. Hawley advised that staff would like to apply for a TEA 21 grant for the Railroad Museum, and for a Richardson Foundation grant for $5,000 for the Art Train for 2007 and also for $5,000 to assist the Railroad Museum. Councilman Worrell moved to direct staff to apply for a TEA 21 grant to be used for the Railroad Museum and for a $5,000 Richardson Foundation grant to be used for the Art Train for 2007 as well as a Richardson Foundation grant for $5,000 for the Railroad Museum. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to a Proclamation for Family Day. He advised that he was asked to proclaim the 4th Monday in September 2006 as Family Day – A Day to Eat Dinner With Your Children. He read the Proclamation aloud for Council. The next item on the agenda was a request for a donation from Pulaski County High School. Mr. Hawley advised that the Town had received a letter from Pulaski County High School. They requested a donation for the “Investments in Learning” assembly. He advised Council that no money had been included in the budget for this type of donation. Following discussion, Councilman Burchett moved to donate $100 to the High School for the assembly. The motion died for lack of a second. The next item on the agenda was potential zoning amendment concerning non-conforming structures on non-conforming lots. Mr. Hawley advised that staff was approached by an investor who wished to tear down a structure on a small lot and build a new structure back on the lot. The Town’s Zoning Ordinance will not allow this action. He advised that staff drafted a preliminary document to be sent to the Planning Commission for review. Following discussion, Councilman Talbert moved to refer the potential zoning amendment concerning non-conforming structures on non-conforming lots to the Planning Commission for review. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Ordinance 2006-26. Mr. Hawley advised that the Ordinance was prepared after the proper Public Hearings had been held and was ready for Council’s vote. Councilman Worrell moved to adopt Ordinance 2006-26, Rezoning Property at the Intersection of Memorial Drive and Route 11 from R-1 to B-1. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was Resolution 2006-20, Authorizing ARC Grant application for Nanotechnology Research Park. Mr. Hawley advised that a Resolution was required as part of the Planning Grant to the Appalachian Regional Commission for the Virginia’s Nano Park. Councilman Talbert moved to adopt Resolution 2006-20, Authorizing Grant Application to the Appalachian Regional Commission for Virginia’s Nano Park, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Round Table Discussion. Councilman Burchett inquired whether the Cool Springs football field might be enlarged to 100 yards so that possibly the Pulaski Middle School could use the field for their games. Staff advised that they would review the site and report back to Council. There being no further comments, at 8:38 p.m., Councilman Talbert moved to enter into Closed Session under Virginia Code 2.2-3711 (A-1), and two items under (A-7). The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye At 10:00 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 Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye There being no further business, Councilman Penn moved to adjourn, seconded by Councilman Worrell and carried on voice vote.