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HomeMy WebLinkAbout03-06-07Minutes of the Town Council meeting held March 6, 2007 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 Randolph D. Eley, Jr, Town Attorney David N. Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Bill Pedigo, Town Engineer Sherry Boyd, Finance Director Bill Webb, Fire Chief Barbara Tate, Community Relations Director Chip Hutchinson, Fire Marshal Tom Compton, Building Inspector Gary Roche, Police Chief Robin Kirby, Public Works Others: Harriet Anderson David Jencks Joel Burchett, Sr. Benny Keister James Radcliffe James Steele Robert Bopp Jeffrey Stout Kaye Stout Shawn Utt James Holliday Sherrie Kirby Jennifer Cocke Andrew C. Cocke Bill Webb Betty Quesenberry Carol Wade Tim Ward Dakota Ward Linda Crigger Polly Mitchell J. R. Schrader Paul Dellinger, Press Melinda Williams, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Penn led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Mayor Wade introduced the Employee of the Month for March 2007, Robin R. Kirby of the Public Works Department. He read a press release aloud and congratulated Mr. Kirby and presented him with an award. The Mayor noted that in addition to this honor, Mr. Kirby would receive an additional paid day off and be considered for the Employee of the Year Award in December. Next, Mayor Wade introduced Benny Keister who, along with Harriet Anderson and Linda Cregger, gave a presentation regarding the Wilderness Road Initiative. The next item on the agenda was the Public Comment Period. The first speaker was Polly Mitchell. She advised that she was speaking for the Clean Community Council regarding the dumping etc. in the area. She advised that the Council hoped that the Town would push efforts and force people clean their properties. Additionally, Ms. Mitchell advised that she was for the proposed rental inspection Ordinance. Next, James Radcliffe, Joel Burchett, Sr., David Jencks and James Steele addressed Council speaking in favor of the proposed rental inspection Ordinance. Additionally, Mr. Steele requested that Council make every effort not to raise the sewer rates. Mayor Wade moved on to the Consent Agenda Councilman Worrell moved to adopt the Consent Agenda consisting of the minutes of February 13, 2007, seconded by Councilman Talbert and carried on voice vote. The next item on the agenda was Project Updates. Mr. Hawley advised that a letter had been received that day regarding changes that had to be made to the New River Trail plans before V. D. O. T.’s approval. Staff would be making the changes. Mr. Hawley moved on to the Loving Field RFP. He advised that staff was working on a draft RFP and hoped to be able to distribute it to Council prior to the March 20 Council meeting for discussion at that meeting. The next item on the agenda was Old Business. The first item was folding machine financing. Mr. Hawley advised that per Council’s instruction, staff had reviewed the budget and ascertained that monies were available to purchase the folding machine using funds in the 2002 GOB proceeds in the Sewer Fund and also from the sale of salvaged property in the General Fund. The recommendation from staff was to pay 50% of the machine out of each line item. Following discussion, Councilman Penn moved to authorize staff to relocate 50% of the funds to pay for the folding machine from the 2002 GOB proceeds in the Sewer Fund and 50% from the sale of salvaged property in the General Fund. 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 Blue Ridge Travel lease. Mr. Hawley advised that Blue Ridge Travel had asked to be released from their lease. Council had directed staff to gather information regarding expenses the Town had invested in build out costs etc. He advised that Mr. White had included this information in the Council packet. He asked for direction from Council. Mayor Wade commented that the Town paid to have the lease developed by the Town lawyer and felt that there was no point in writing a lease if it wasn’t going to be enforced. He recommended that Council enforce the lease. Following discussion, Councilman Penn moved to enforce the lease for Blue Ridge Travel, seconded by Councilman Burchett 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 Ordinance 2007-03, Approving Wireless Contract. Mr. Hawley advised that staff and Wiredog had developed an agreement for the contract/franchise. Staff needed a motion from Council to adopt the Ordinance. Mayor Wade asked Mr. White to summarize the contents of the agreement. Mr. White provided the summary. Following discussion, Councilman Talbert moved to adopt Ordinance 2007-03, Franchise Agreement Between the Town of Pulaski and Wiredog, 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 New Business. The first item was potential sewer rate change. Mr. Hawley advised that Peppers Ferry Wastewater Treatment Authority had recommended rate increases for the new budget year. After reviewing their proposal and with increases in operating and capital purchase items, staff recommended increasing the sewer rates by $0.45/1000 gallons billed. He also suggested advertising that rate for a public hearing at the March 20th Work Session. Following discussion, staff was directed to wait until after the Authority’s meeting to advertise for the Town’s Public Hearing in case the figures changed. Mayor Wade encouraged the citizens to attend the Authority’s meeting on April 5. He commented that if enough people were interested and contacted Trish Cruise, the Clerk of Council that they wished to attend, that perhaps a bus could drive them over to the meeting. Councilman Worrell commented that the meeting room was small. If enough people expressed an interest in attending the meeting, that the meeting would have to be held in another location. The next item on the Agenda was Events and Activities. Mr. Hawley advised that staff had included an Events and Activities 2007 schedule for Council’s convenience. He noted that the Christmas Celebration was scheduled to be held at Jackson Park this year. Additionally, he advised that staff had discovered an old agreement with Lamar Outdoor Advertising that provides the Town some free billboard space that would be utilized. Mayor Wade moved on to the proposal for an adjustment in salaries for non-sworn positions in the Police Department. Mr. Hawley advised that Police Chief Roche had requested an adjustment in salaries for non-sworn positions in the Police Department. The memo had been included in the packet. He reviewed Chief Roche’s concerns and asked for Council’s direction. Following discussion, the consensus of Council was to review the request during the regular budget session due to begin within a month. Councilman Burchett added that he would support the dispatchers receiving overtime pay to participate in a recruitment program at the Community College and/or other locations. Mayor Wade suggested that staff compare like positions in the Town with the County regarding salaries. Mr. Hawley advised that the Town had recently participated in a statewide compensation survey and now had access to that database. Staff would review the database, narrowing the comparison to the New River Valley, and report back to Council. Mayor Wade expressed his concern with Town employees who have families and cannot afford family insurance. He stated that perhaps the Town should check whether the employees could opt for different levels of coverage so they could cover their families if they chose. Mr. Hawley responded that a poll had been sent to all the employees last year asking which benefits were most important to them. The number one priority on that poll had been health insurance. Mayor Wade moved on to nuisance abatement legal procedure. Mr. Hawley advised that Chip Hutchinson, the Fire Marshal, was prepared to address Council. Mr. Hutchinson advised that per a request from the Mayor, he had checked with the City of Radford to see what process they used for condemnation of buildings. He reviewed their process with Council. Mayor Wade moved on to Round Table Discussion. Councilman Talbert asked for an update on the possible lighting of the Trail. Mr. Hawley advised that he hadn’t pursued the topic recently, but would do so. He added that there is a revenue sharing program that might allow the Town to add the lights to the Trail and get assistance from the state. Mayor Wade advised that there was indeed a program for lighting and asked staff to research the program. Next, Councilman Burchett commented that the Town had a problem involving the demolished buildings and lots in Town. He advised that after the Town tears down a building, they are left with an empty lot with a lien against it and the owner no longer pays tax on it. He proposed negotiating a settlement with the owner whereby, the Town gets some money and the title to the property. Then the property could be sold at absolute auction and be put back into use. He asked the Town Attorney if that was legal? Mr. Eley responded that he would need to research whether the Town had the authority to compromise the tax portion of the lien. Discussion ensued regarding the possible options available to the Town including donating the property to Habitat for Humanity to build a home. Next, Mayor Wade advised that he had several items he wanted to discuss. He asked staff to bring to the March 20 Council meeting a priority list for the legal items and a time frame for completing the items. He then asked whether the survey of Peak Creek and owner determination of the owners had been completed? Mr. Hawley advised that the survey and the drawing had been completed. Staff had not completed the title search to determine ownership. He added that staff would work on that. Next, Mayor Wade asked for an update on the extra territorial arrest agreement that Chief Roche had been pursuing for approximately a year. The Mayor inquired whether staff should continue to pursue this and what were the advantages and disadvantages to the Town and the County. Chief Roche summarized what the agreement would accomplish. Mayor Wade asked Shawn Utt, the County representative present at the meeting, to inquire into the status of this request and update the Town by the March 20, 2007 meeting. Next, Mayor Wade advised that staff had been directed previously to develop a policy regarding adding a penalty for late payments and a time frame for that penalty. He asked for an update. Ms. Boyd recommended that following a one month grace period, a 10% penalty be added to the amount due, on the fifth day after the due date. Following discussion, Councilman Penn moved to direct staff to implement the changes to the UDAG loan, 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 Next Mayor Wade brought up vacant property registration. He advised that the state approved vacant property registration over a year ago and he would like the Town to implement it. Mr. Hawley advised that the work was begun by an intern. He hoped that if a new position was hired to assist the Fire Marshal, that they would be able to work on the vacant property registration as well. In the meantime, he would direct staff to try to add this to their work schedule. Next, Mayor Wade advised that the Finance Department had been compiling the information required by DMV before connection can be made to DMV for delinquent taxes. He felt that the Department did not have enough employees to complete the job in a timely manner. He suggested allowing Finance Department to hire a temporary part time person to exclusively pursue the delinquent taxes. He opined that this position could complete the job in three months working thirty hours a week at a total cost of $4,000. Councilman Penn moved to direct staff to hire a temporary part time person to work thirty hours per week at a total cost of $4,000 to pursue the delinquent taxes. 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 Councilman Burchett advised that the County had recently advertised the delinquent property owners in the newspaper. He noticed that the type size was large. Council had discussed recently whether to advertise the Town’s delinquent property list in the paper. A decision had been made not to advertise at that time. One of the reasons cited was the cost of the ad. He wondered if the quote had been for a large type size or small. He felt that if the type could be smaller, then the ad could be less expensive and wondered if Council would like to revisit the discussion. Mr. Hawley responded that when he spoke with the publisher, that the quote was for one page. Council suggested checking with the publisher to see if the size of type would affect the cost of the ad. Next, Mayor Wade advised that he would like Council to consider whether to ask the Planning Commission to consider changing the R4 district to restrict single family homes being changed to multi family rental units in the home. Mr. Hawley commented that it might be time to review the entire zoning ordinance. Following discussion, Councilman Burchett moved to send to Planning Commission a request to review the R-4 zoning to consider restricting single family homes being changed to multi family rental units in the home. There being no second, the motion died. At 8:47 p.m., Councilman Talbert moved to enter Closed Session under Virginia Code 2.2-3711 (A-3), Disposition of Public Property – one item and Consideration of Acquisition of Real Property for a Public Purpose – one item. 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 9:10 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Talbert, seconded by Councilman Burchett 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 9:12 p.m., Councilman Penn moved to adjourn, seconded by Councilman Talbert and carried on voice vote.