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HomeMy WebLinkAbout09-19-06Minutes of the Town Council meeting held September 19, 2006 at 5:00 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 S. Burchett, Jr. David L. Clark, Larry Clevinger, II. Staff: John J. Hawley, Town Manager Dave Quesenberry, Asst. to the Town Manager Randolph D. Eley, Jr., Town Attorney Patricia Cruise, Clerk of Council John White, Economic Development Director Bill Webb, Fire Chief Gary Roche, Police Chief Dave Hart, Parks and Facilities Director Others: John Toothaker Wanda Toothaker Pat Matzie Sheldon Matzie Melissa Beavers Dennis Beavers Carol Wade Anastasia Anderson, Press Paul Dellinger, Press Mayor Wade called the meeting to order at 5:00 p.m. Councilman Penn moved to adopt the minutes of 8-15-06, seconded by Councilman Burchett and carried on voice vote. Next, Mayor Wade advised that David Clarke, the VDOT Resident Engineer was scheduled to address Council. He had been delayed. The Mayor advised that when Mr. Clarke arrived he would be put on the agenda. Additionally, the Mayor advised that the joint Public Hearing scheduled for the evening had been postponed at the request of the agent and the owner. He moved on to Public Operations. Regarding the Maury Avenue land swap, Mr. Hawley advised that staff had reviewed the records for the area owned by the Town. The tax records indicated that the town owns land that was for the discharge point of the sludge pond. The pipe discharges in a natural drainage channel and appears to be on the Beavers property. The Beavers have been maintaining some of the property, but have been experiencing difficulty with parking on the property. He reiterated that the Beavers are requesting a land swap with the Town. Following discussion, Councilman Burchett moved to schedule a Public Hearing regarding the land swap for the October 3, 2006 Council meeting, 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 the Loving Field deed research. Mr. Hawley advised that per Council’s request, staff reviewed the records to determine how Loving Field was acquired. From the documentation, it appeared that there was some dissension between the Town and the property owners, but in the end the court’s upheld the Town’s option. Next, Mr. Hawley moved on to the Cingular lease. He advised that the discussion with Cingular seemed to have come to a standstill. He asked Council’s direction. Following discussion, the consensus of Council was to wait and see what move Cingular makes next. The next item on the agenda was vehicle replacement. Mr. Hawley advised that some preliminary work had been done on criteria for vehicle replacement, and the information included in the packet. Staff would continue to work on the criteria. Mayor Wade moved on to Legislative/Ordinance. The first item was in regard to Peppers Ferry Regional Water Treatment Authority. Mr. Hawley advised that Council had reviewed the User Agreement with Peppers Ferry and the agreement needed to be signed so the Authority can receive its discharge permit. Staff recommended approving Appendix A, which had no sulfate limit in it. Following discussion, Councilman Worrell moved to adopt the PFRWTA User Agreement Rules and Regulations and direct the Mayor to sign. 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 Additionally, Mr. Hawley reviewed a memo which had been presented at the September 5, 06 Authority meeting and explained staff concerns with some proposed changes in the limits of sulfate. He advised that he intended to work with a consulting firm that the Town worked with in the past to try to work out a solution. Following extensive discussion, the consensus of Council was for staff to continue working on the project. Mayor Wade suggested replacing Bill Pedigo with Jeff Worrell as the primary board member on the Peppers Ferry Committee. Mr. Pedigo would then serve as the Alternate for Mr. Worrell on the Board. Following discussion, Councilman Penn moved to replace Bill Pedigo with Jeff Worrell, as primary board member for the Town on the Peppers Ferry Regional Water Treatment Authority, if allowed by Councilman Worrell’s employer. Bill Pedigo would be the back up for Councilman Worrell. 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 At this time, David Clarke, VDOT Resident Engineer arrived at the meeting and was added back to the agenda. Mr. Hawley introduced Mr. Clarke and asked him to give an update on Route 99 and also the Trail. Mr. Clarke advised that the Route 99 widening was in VDOT’s six year plan, however, with budget constraints, it was doubtful that the widening would take place. Construction costs were rising faster than the Town’s allocation from VDOT. Following discussion, staff was asked to contact the VDOT Regional Systems Operations office for the southwest corner of the state regarding the safety of the Interstate exit and ask for it to be replaced or updated. Regarding the New River Trail, Mr. Clarke summarized the status of the project and listed the paperwork still needed from the Town and the different agencies. Mayor Wade moved on to Rental Inspection Committee. Mr. Hawley advised that Mayor Wade wished to appoint two citizens to work with staff to develop a Rental Inspection Ordinance. Mayor Wade prefaced his announcement by advising that the Town is looking at property maintenance, which rental property inspection is part of. He advised that Dave Quesenberry would be the staff representative on the Committee, and Brett Whitesell and Jeff Jones would be the private citizens on the Committee. The next item on the agenda was a Graffiti Ordinance. Mr. Hawley advised that there had been some graffiti problems in the Town. Staff acquired a copy of the City of Roanoke’s graffiti ordinance and provided it to Council for their review in case they wished to enact something similar. Mayor Wade moved on to Ordinance 2006-29, Closing of an Undeveloped Alley Between South Washington and Lexington Avenue. Mr. Hawley advised that Council had directed staff to prepare this Ordinance and it was ready for Council’s vote. He added that the Town Attorney had discovered that the state code mandates that the charge for the public notice for closings shall be borne by the applicant. Therefore, the Goodwin’s would have to pay for the ad. Since this was new to Council, discussion ensued over whether the petitioner would have requested the closing had they known they would have to pay for the ad. Following discussion, Councilman Worrell moved to table Ordinance 2006-29, until contact could be made with the petitioner to determine whether they would like the Ordinance enacted considering that the cost of the ad would be borne by them. 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 Police Department Accreditation process. Chief Roche summarized the status of the accreditation process for the Police Department. He added that the evaluation for accreditation would be the following week and that he hoped to be able to announce the successful accreditation in November. Mayor Wade moved on to Round Table Discussion. Councilman Burchett asked for a summary of the steps that determine a building is in violation of the code? Mr. Hawley advised that a building had to be structurally unsound to be condemned. There are official guidelines that help make that determination. In general, a citizen makes a complaint about a building and a form is completed by staff. The Code Compliance Officer visits the building and determines whether it is structurally unsound and needs to be condemned. If it is not condemnable, but the building is in violation of blight conditions, then the Code Compliance Officer sends a certified letter to the owner of the property notifying of the violation and giving a time line for correction. If the work is not completed within the time line, then court action is taken. He added that all staff had been instructed to watch for violations when they are working and to notify the Code Compliance officer of those violations as well. Councilman Burchett then inquired how the public could report littering if they witness it? Police Chief Roche commented that the department very rarely receives calls regarding littering. Councilman Burchett inquired whether littering violations were separated out on the monthly report from the police department? Police Chief Roche responded no. Mr. Eley, the Town Attorney advised that a citizen could go to the magistrate and have a warrant issued if they could sufficiently identify the person and if they observed the violation. Councilman Burchett then asked whether that might hurt the Town’s leash law Ordinance? That citizens may not wish to go to court to pursue the problem. Mr. Eley responded that any law violation required a visit to the court. He opined that if it’s meaningful enough to the citizens to report it, they would be willing to see it through. At 6:30 p.m., there being no further comments from Council, Councilman Talbert moved to enter into Closed Session under Virginia Code 2.2-3711 (A-1, and 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 Council returned from the Closed Session at 8:10 and adopted the Certification Resolution on motion by Councilman Penn, 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 There being no further business, the meeting adjourned on motion by Councilman Talbert, seconded by Councilman Penn and so carried.