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HomeMy WebLinkAbout08-07-07Minutes of the Town Council meeting held August 7, 2007 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 G. Clevinger, II Staff: John J. Hawley, Town Manager David Quesenberry, Asst. to the Town Manager Randolph D. Eley, Jr., Town Attorney Patricia Cruise, Clerk of Council Dave Hart, Parks and Facilities Director John White, Economic Development Director Barbara Tate, Community Relations Director Bill Pedigo, Town Engineer Others: Pamela Austin Clark Payne Sandy Payne Buford Hagee Andrew C. Cocke Charles R. Bopp Robert Bopp Hunter Eley Stan Moran Steve Pollock Tim Thompson Steve Willis Don Beverly Freddie W. Sonner Brian Geist Gloria Mabe Leslie Turpin David L. Edney Tamara Farmer Jeff Jones Michael Hall Shawn Utt L. Hughes John Milstead Larry Blevins James Holliday James D. Bapp Jane Amburn Barry Collins Diane Collins Jennifer White Carol Wade Robert Strenz Robert Strenn Melinda Williams, Press Paul Dellinger, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Penn led the Pledge of Allegiance and Councilman Burchett gave the Invocation. Councilman Worrell moved to modify the agenda to add an additional item to 14b, Closed Session under Virginia Code 2.2-3711, (A-3), Discussion or consideration of acquisition of real property for a public purpose, or for the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Councilman Burchett seconded the motion and it 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 G. Clevinger, II - Aye Mayor Wade moved on to Public Hearings. The first hearing was on modification of real estate contract purchase of Hogans Dam Mr. Hawley advised that the title search for the watershed for Hogan’s Dam totaled 1773.35 acres. The original ad for the public hearing stated approximately 1740 acres more or less. The Town Attorney was concerned that the actual acreage exceeded what was advertised. He suggested amending the previous Contract of Purchase to fulfill a strict interpretation of the Code. Additionally, language was added including the Town in the restrictions regarding maintaining the water level as well as the purchaser. Mayor Wade asked what would happen if the Town needed water? Mr. Hawley advised that language covering that circumstance was included in the contract. Mayor Wade opened the Public Hearing at 7:06 p.m. Buford Hagee addressed Council opining that the Town should be compensated for the extra land. There being no further comments from the public, the Hearing was closed. Mr. Eley, the Town Attorney, advised that a super majority vote was required. Councilman Talbert made the motion to amend the previous Contract of Purchase to show the proper acreage, 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 G. Clevinger, II - Aye Councilman Talbert moved to amend the language in the contract regarding the purchaser maintaining the water level under normal conditions to also include that the Town do likewise. 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 G. Clevinger, II - Aye Mayor Wade moved on to the Rental Inspection Ordinance. Mr. Hawley advised that the Hearing was advertised twice as required by the Code of Virginia and the Ordinance fulfilled the direction of Council. Mayor Wade opened the Public Hearing at 7:12 p.m. Carol Wade addressed Council speaking in support of the proposed rental inspection Ordinance. She admonished Council not to forget existing nuisance Ordinances while pursuing the Rental Ordinance. She asked how staff would handle the existing Ordinances and the rental inspection Ordinance if approved. She suggested cross training within staff to supplement hiring of a new Inspection Enforcement officer. Diane Collins spoke in support of the rental Ordinance. She commented that the Town is in need of affordable rental property that is not subsidized to draw new citizens to the Town. Tim Thompson addressed Council on behalf of the Landlords and Tenants Association speaking against the proposed Ordinance. He felt it was too restrictive. He advised that tremendous strides had been made in the last six months in the quality of the rental property using the existing Ordinances in place in the Town. He opined that the Town needed safe, clean, low income rentals and if too many changes were required, the cost of rent would have to go up as well. He commented that older buildings cannot be brought up to current day codes. He felt that the Ordinance was too restrictive. He encouraged Council to postpone adopting the Ordinance and utilize the Ordinances already in place. Next, Jane Amburn addressed Council speaking in favor of the Ordinance. She commented that the tenant has rights, however, if they complain, they are often evicted. She asked Council to make sure that the Ordinance limited the number of people allowed to live in the apartment or residence. She urged Council to hire an additional Inspection Officer. Clark Payne addressed Council speaking in favor of the Ordinance. He advised that he had been a member of the Quadrant Committee appointed to review the Ordinances. He stated that one of the suggestions made by the Committee was to hire an Inspector just for rental properties and pay for the position with user fees and report to Council. Since that plan was not feasible, he suggested a monthly enforcement reporting system be set in place for Council to review. Additionally, he suggested the enforcement district be expanded to include the R1 zone. Next, Robert Strenz addressed Council speaking in favor of the proposed Ordinance. There being no further comments, the Hearing was closed at 7:29 p.m. Councilman Penn inquired into the process to expand the inspection district? Mr. Hawley advised that the rules are set by the Code of Virginia. Once these criteria are met, the area could be added to the inspection district. Mayor Wade commented that the Town was trying to resurrect the Housing Authority and wondered if determining the next area to be expanded might be decided by them? Mr. Hawley agreed that it would be appropriate to have the reappointed Housing Authority work with staff to review the complaints and determine the next area to be included in the inspection district. Councilman Penn commented that he did not want to see a watered down version of the State Uniform Building Code. Mr. Hawley advised that the Uniform Building Code cannot be amended. Mayor Wade commented that at one time the police department was going to cross train officers to identify code violations. He inquired whether this was still being planned? Mr. Hawley responded that he felt that all employees could be trained. Employees have already been directed that if they see a nuisance violation to write up a complaint form and turn it in to the appropriate department. Mayor Wade advised that he had a few comments regarding the Rental Inspection Ordinance: 1. He advised that the document reads that if a landlord notifies the Town that they have rental property, that a temporary occupancy permit would be distributed. He felt that it should read that once the landlord notifies the Town that they have rental property, the Town would inspect it within five working days or a set time limit, and if the Town is unable to meet that deadline, then a temporary occupancy permit would be given to the landlord. 2. The Mayor also felt a fee needed to be charged for the inspections. Councilman Burchett felt that it was unfair to charge a fee to landlords in only one area of Town. He felt that if a fee was charged, it should be charged to all landlords. He added that he was not in favor of passing the Ordinance unless it included all rental property in Town rather than just one area. He opined that the Town should pursue the Finding of Fact process and apply it to all areas possible in Town. Additionally, Councilman Burchett opined that it was unfair to keep a landlord from marketing their property for five days waiting for an inspection. Renters often are on a short time line. The time needed to be shortened. Councilman Talbert asked what process was used to determine the three districts? Mr. Hawley advised that the downtown grant area was a good place to start and it met all the required criteria. There being no further comments, Mayor Wade moved on to the Public Comment period. Clark Payne addressed Council regarding the proposed rental inspection policy, inquiring how properties with greater than ten units would be inspected? Mr. Hawley advised that a sample percentage would be used for the inspections. Tim Thompson addressed Council again encouraging Council to remember that landlords are trying to run a business and pay taxes and water bills. He asked them to work with the landlords rather than against them. Jennifer White addressed Council commenting that she should not have to endure her property value decreasing because people do not take care of their property. She added that if the landlords are keeping their property up, they have nothing to worry about. Jane Amburn advised that she was on the Ordinance Review Committee and that the Committee was not trying to beat up the landlords, they were just trying to help with the blight. Steve Willis commented that he could identify with the Town trying to look good, however, there were a lot of poor in Pulaski and if too many requirements were demanded of the landlords, the rent would have to be raised beyond the reach of the poor. Councilman Penn commented that he knows people that are paying exorbitant rent payments and living in little more than a shack. They should not have to live that way. He stated that he didn’t feel sorry at all for the landlords. Additionally, he stated that he was not intimidated by the threat of someone not voting for him. He would support what was right for the citizens and support the Ordinance. Sandy Payne commented that low income does not equate to junky houses. She felt that some of the landlords were taking advantage of those with illnesses and hard circumstances. She added that all citizens deserve clean, safe, affordable housing. Robert Strenz opined that there should be a temporary occupancy permit issued if the landlord notifies the town and the Town does inspect the property within a certain set time period. He felt that it was not fair to the landlords to lose income if the Town did not inspect in a timely manner. Dr. White asked for the address of Mr. Willis, for the record and inquired if he lived in Town? Mr. Willis advised that he did not live in Town. Jennifer White asked Mr. Thompson if he lived in Town? Mr. Thompson stated that he felt like he did. The Mayor moved on to the next item on the agenda. Councilman Penn moved to adopt the minutes as written, seconded by Councilman Talbert and carried on voice vote. Mayor Wade requested that a report be delivered at the Council Work session regarding the request that bathrooms be installed along the Trail, the complaint of glass along the Trail, and bicycle friendly traffic signals. Additionally, he advised that the modified lease for the ladies clothing store in Maple Shade Shopping Center needed to be completed. He also requested an update on surveillance cameras and on the Beans & Rice request for a meeting with the middle school students. Mr. Hawley advised that there would be a surveillance camera demonstrations and invited Council to attend. Mr. Hawley advised that another citizen wished to address Council. Mayor Wade invited Larry Blevins to address Council. Mr. Blevins spoke in favor of the proposed Rental Ordinance. He commented that he keeps his property up, but knows that others do not. Additionally, he advised that the cats and chickens that he had complained about previously were still running wild and were a nuisance. He advised that he used to be an animal control officer for the County. He inquired whether he could have a special permit to trap and remove them. Mayor Wade suggested that he speak with the County Administrator, since animal control was under the supervision of the County. Mayor Wade moved on to the New River Trail under Project Updates. Mr. Hawley advised that VDOT had received the revised plans submitted by the Town. Staff was told if no call was received by the afternoon of August 8, then the submission is approved and will be forwarded to the Highway Administration for approval to go to bid. Mayor Wade commented that staff had been directed to design a time line for the Trail. He asked for an update. Mr. White advised that the time line would be completed and ready for explanation at the next Council Work Session. He commented that it is very complex project and noted that the Trail not only has to be completed, but it also has to be maintained and marketed. Mayor Wade commented that at one point, the plan was to complete the Trail and then turn it over to the state. He asked whether this was included in the flow chart? Mr. White said that action was not included in the flow chart as a final decision had not been made regarding that point. However, he said the flow chart did reflect constant communication with the state park group, which would help if Council made the decision to turn over the Trail to the state park system. The next item for discussion was Cool Springs recreation field. Mr. Hawley advised that the County Schools had indicated a desire to play three home Middle School football games at Cool Springs this year and a total of six games in 2008. Dave Hart added that combination soccer and football goal posts had been ordered; temporary fencing will have to be installed, signage would be updated; the light poles would probably have to be padded; and that a request had been received to use one room for a changing area for the players. Mayor Wade added that the first game was against Blacksburg, and a suggestion had been made to invite the Blacksburg Mayor and Council to the game. Mayor Wade moved on to Cable franchise agreement. Mr. Hawley advised that the Town Attorney took the model VML cable franchise agreement Ordinance and the Comcast agreement and blended them into one agreement. Staff was reviewing the blended agreement with Comcast and hoped to have a final document soon. The next item on the agenda was Pulaskifest. Mr. Hawley advised that Pulaskifest was scheduled for September 8, 2007. He asked Barbara Tate to hilite the event. Mrs. Tate summarized the schedule and times of the shows. Mayor Wade moved on to Loving Field. Mr. Hawley advised that a meeting had been held between Town staff and County officials. As a result, staff recommended that the Director of Parks and Facilities, the Town Engineer and the Town Manager be allowed to meet with the appropriate County staff to determine their needs for the Loving Field Sports Complex, a level of maintenance for the fields and develop an agreement that is acceptable to Town Council and the Board of Supervisors for the use of the facility. Mayor Wade moved on to Old Business. Mr. Hawley advised that the first item was Ordinance 2007-21, McCrary Encroachment. Councilman Penn moved to adopt Ordinance 2007-21, Granting an Encroachment on Newbern Road. The motion was seconded by Councilman Talbert and carried on the following motion: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mr. Hawley advised that the next item was Ordinance 2007-22, Hogan’s Land Sale. This clarified the acreage of the lot and the water level. Councilman Worrell moved to adopt Ordinance 2007-22, Hogan’s Land Sale, 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 G. Clevinger, II - Aye Mayor Wade moved on to Finding of Fact for Rental Inspection District. Mr. Hawley advised that a report with the Finding of Fact indicating that the three downtown redevelopment districts met the requirements to qualify for rental inspection districts. The Council needed to adopt the Finding of Fact before a rental Ordinance could be adopted. Councilman Worrell moved to accept the Finding of Fact for the three downtown redevelopment districts. 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 G. Clevinger, II - Aye Next, Mr. Hawley advised that Ordinance 2007-23, Rental Inspection was ready for adoption. Councilman Penn moved to adopt Ordinance 2007-23, Amending Chapter 18 (Building and Building Regulations) of the Code of Ordinances. 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 G. Clevinger, II - Aye Mayor Wade moved on to appointments to the Pulaski Redevelopment and Housing Authority and proposed action for the Authority. Mr. Hawley advised that staff recommended that the following people be appointed to the Pulaski Redevelopment and Housing Authority (PRHA): Robert Bopp Clark Payne James Babb Mike Crabtree (re-appointed) Doug Burchett David Edney Bob Strenz The Authority members would have to take an oath of office and would report to Town Council. They would be charged with developing a housing strategy for the Town and reviewing the blight situation. Mr. Hawley added that he had asked Matt Hanratty, the Town of Blacksburg’s Housing and Neighborhood Services Manager, to meet with the Authority to discuss housing and also explain the New River Valley HOME Consortium. Councilman Clark moved to direct staff to prepare an Ordinance appointing Robert Bopp, Clark Payne, James Bapp, Doug Burchett, David Edney, Bob Strenz and reappointing Mike Crabtree to the Pulaski Redevelopment and Housing Authority. 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 G. Clevinger, II - Aye Mayor Wade moved on to appointments to the Town’s Industrial Development Authority. Mr. Hawley advised that staff recommended the following people be appointed to the Industrial Development Authority (IDA): Lane Burcham Ron Hall Clark Payne Robert Bopp Mike Crabtree James “Doc” Holliday The goal of the IDA would be to evaluate, along with the staff, future commercial and industrial needs of the Town and if property becomes available from nuisance abatement and how to determine how this property would be marketed. They would also need to review any by-laws and operating procedures and appointment of officers. Councilman Burchett moved to direct staff to prepare the proper paperwork appointing Lane Burcham, Ron Hall, Clark Payne, Robert Bopp, Mike Crabtree and James “Doc” Holliday to the Industrial Development Authority. This 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 G. Clevinger, II - Aye The next item on the agenda was New Business. The first item was Senior Center appeal of Architectural Review Board Case # 2007-03. Mr. Hawley advised that staff applied to the Architectural Review Board (ARB) for approval to make modifications to the exterior of the Senior Center. Among other things, Hardieplank was to be used to cover exterior wood and exposed brick at the rear of the Senior Center. The Board stipulated that Hardieplank could not be used to cover bricked areas. Mr. Quesenberry advised that the Town was appealing the ARB’s decision to not allow Hardieplank on the bricked areas of the building. Mayor Wade recommended to Council that the entire building be wrapped in Hardiboard, because the design in the drawing looked very nice. Mr.Worrell clarified that the Town of Pulaski requested approval from the ARB to cover the brick with Hardie siding. The Architectural Review Board denied the request. So now the Town was appealing to the Town to over rule the ARB? He was informed that was correct. Following discussion, Councilman Worrell moved to approve improving the Senior Center with Hardieboard. 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 G. Clevinger, II - Aye Mayor Wade moved on to ICMA 457 plan option. Mr. Hawley advised that the Town allows employees to participate in an optional ICMA 457 plan by payroll deduction. Some new options have been made available and staff was asking Council to allow employees the option of participating. There was no charge to the Town. Councilman Worrell moved to allow staff employees to participate in the new options available to the employees. Councilman Penn seconded the motion and it 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 G. Clevinger, II - Aye Next, Mr. Eley, Town Attorney advised that the Summers lawsuit had been dismissed by the Supreme Court of Virginia. The next item was Closed Sessions. At 8:40 p.m., Councilman Talbert moved to enter into Closed Session under Virginia Code 2.2-3711 (A1), discussion, consideration or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body. (2 items); and (A-3), Discussion or consideration of acquisition of real property for a public purpose, or for the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body (3 items). 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 G. Clevinger, II - Aye At 9:55 p.m., Council returned from Closed Session and adopted the Certification Resolution for the above items 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 G. Clevinger, II - Aye Councilman Worrell moved to adopt Ordinance 2007-24, Approval of Hardie Purchase and Sale Agreement for 29.93 Acres. The motion was seconded by Councilman Pennand 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 G. Clevinger, II - Aye There being no further business, the meeting adjourned on motion by Councilman Penn, seconded by Councilman Talbert and carried on voice vote.