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HomeMy WebLinkAbout02-15-05Minutes of the Town Council Work Session held February 15, 2005 at 5:00 p.m. in the Council Chambers in the Municipal Building. There were present: Charles L. Wade, Mayor Council: Jeffrey S. Worrell, Dan Talbert, Jr., Bettye H. Steger, Lane R. Penn, John T. Bolen, Joel B. Burchett, Jr. Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Sherry Boyd, Finance Director Bill Pedigo, Town Engineer Gary Roche, Police Chief Dave Hart, Parks and Facilities Director John White, Economic Development Director Bill Webb, Fire Chief Randy Eley, Jr., Town Attorney Others: Bob Harman Cely Harman Perry King Mayor Wade called the meeting to order at 5:00 p.m. The Mayor expressed his appreciation to the Town employees involved in the bidding process to bring the James Hardie company to Pulaski and acknowledged all of the extra hours they had put into the project. The first item on the agenda was adoption of the 1-19-05 Council Work Session minutes. Councilman Bolen moved to adopt the 1-19-05 Council Work Session minutes, seconded by Councilman Penn and carried on voice vote. Mayor Wade moved on to the Consumer Utility Tax Ordinance. Mayor Wade inquired whether the Town had the authority to exempt anyone from paying utility taxes? Mr. Hawley responded that he did not know and would have to do some research. He added that AEP contacted him and said that in the Ordinance the Town adopted in 2000, there is a specific provision to exempt state, local and federal government. Additionally, AEP informed Mr. Hawley that they had not begun charging churches at this time, but were scheduled to begin. Councilman Worrell advised that AEP offers a special rate for sanctuary services. Following discussion, Council agreed to allow staff to do further research and return to Council. Mayor Wade moved on to Virginia Commission on Military Bases Grant. Mr. Hawley advised that the New River Valley Planning District Commission (NRVPDC) had requested a match for a Virginia Commission on Military Bases Grant. He stated that staff recommended approval of the payment of $850 to the NRVPDC for the match for the grant and advised that the funds could be taken from Council’s meeting and training line item. Following discussion, Councilwoman Steger moved to contribute $850 to the New River Valley Planning District Commission for the match for the grant, seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Abstain John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was the New River Valley Hazard Mitigation Plan. Mayor Wade commented that the Hazard Mitigation Plan had been distributed to Council to review and it would be discussed at the March 1, 2005 Council meeting. Mr. Hawley added that a Public Hearing had been scheduled for March 1 and a Resolution would have to be adopted at the same meeting. Mayor Wade moved on to the returned check fee increase. Ms. Boyd advised that the Virginia Code states that any locality may charge a fee, not to exceed $35.00 for the uttering, publishing or passing of any check or draft for payment of taxes or any other sums due, which is subsequently returned for insufficient funds or because there is no account or the account has been closed. The Town of Pulaski currently charges $20. Staff recommended increasing the bad check fees to $30.00. Following discussion, Councilman Penn moved to direct the Town Attorney to prepare an Ordinance to increase the bad check fee to $30, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - No John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - No Next, Mayor Wade moved on to the Purchasing procedure. Mr. Hawley advised that Council had directed the Town Attorney to prepare a document changing the purchasing procedure to raise the limits on what could be purchased without a purchase order. Subsequently, staff suggested a need to be able to negotiate with the low bidder in a bidding process. After reviewing the state code, it was felt that it was very important to include the following language in our purchasing procedure and all bid documents as regulated by State Code 2.2-4318: § 2-155(1) of the Pulaski Town Code shall read: Purchases of $ 5,000.00 or less. Whenever any contemplated purchase or contract for goods or services is estimated to be for a sum of $ 5,000.00 or less, the department head of the department making the purchase may order the goods or services as needed in accordance with the approved operating budget and established accounting procedures; and § 2-155(2)(a) of the Pulaski Town Code shall read: Whenever any contemplated purchase or contract for goods or services is estimated to be within the range of $ 5,001.00 - $ 15,000.00, inclusive, the department head of the department making the purchase shall submit a purchase requisition to the purchasing official and shall obtain an approved purchase order prior to obligating the purchase; and § 2-155(3)(a) of the Pulaski Town Code shall read: Whenever any contemplated purchase or contract for goods or services is estimated to be within the range of $ 15,001.00 - $ 30,000, the department head of the department making the purchase shall submit a purchase requisition to the purchasing official and shall obtain an approved purchase order prior to obligating the purchase; and § 2-158(c) of the Pulaski Town Code shall be added as follows: “In the event that the largest responsive bid exceeds available funds, the Town of Pulaski reserves the right to negotiate with the apparent low responsible bidder to obtain a reduced contract price.” Councilman Talbert moved to adopt the Purchasing Policy and Procedures handout, as well as the language from the Resolution passed specifically for Sandcastle, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye 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 Adelphia Cable Citizen Advisory Committee. Mr. Hawley advised that several citizens had agreed to serve on the Adelphia Cable Citizen Advisory Committee. He commented that a representative from the SE quadrant of the Town is needed and that he would like to have another from the SE or SW. Councilwoman Steger suggested that Cindy Craft be asked to serve on the Committee as well. Following discussion, Councilwoman Steger moved to appoint and add to the following citizens to the Adelphia Cable Citizen Advisory Committee: Nick Glenn, Tim Hagee, Billy Warden, Henry Cook, Betty Quesenberry, Doc Holliday and Cindy Craft. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye 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 Bob Harman and a UDAG loan request, asking Mr. Harman how he plans to use the money if it is loaned to him. Mr. Harman advised that he was not prepared to answer the question, however, he provided Council with a summary of his accomplishments to date. The Town Attorney commented that the question had been how did Mr. Harman intend to spend the money? Mr. Harman stated that he did not realize he would need to present that information at this time, but that he could prepare it and present the information as early as the next day. Mr. Hawley asked Council to enter into Closed Session. At 6:32 p.m., Councilman Talbert moved to enter into Closed Session under Va. Code 2.2-3711 (A-6), discussion or consideration of the investment of public funds where bargaining is involved, where if made public initially the financial interests of the Town would be adversely affected, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye At 7:05 p.m., Council returned from Closed Session and adopted the Certification Resolution for the Closed Session on motion by Councilwoman Steger, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Next, Perry King addressed Council regarding a proposal for housing for the elderly to be built on Smith Lane The area of approximately six acres would have to be rezoned. He advised that the plan is designed for independent living for seniors, not assisted living or full care. The design calls for a single floor design with handicap amenities as required, with approximately 818 to 840 square feet and 2 bedrooms and 1 bath per unit. He hoped to build 10 triplexes for a total of 30 units. Following discussion, Council decided that they should wait until the Planning Commission made a recommendation on the R2 zoning that Council referred to them. Depending upon that outcome, a zoning change might not have to be made. Next, Mayor Wade asked the Town Attorney to read the motion regarding the Harman UDAG request. Mr. Eley read the motion and conditions for extending a second $2,500 advance to Bob Harman and Old Virginia Textiles. Councilman Talbert moved that the Town Council extend a second $2,500 advance to Bob Harman and Old Virginia Textiles upon the following conditions: Mr. Harman & Old Virginia Textiles execute a promissory note in favor of the Town of Pulaski for $5,000 repayable at 6% interest by July 2, 2005, unless a UDAG grant/loan is awarded by Town Council to Mr. Harman and Old Virginia Textiles before July 2, 2005; and That before the $2,500 advance occurs, Mr. Harman and Old Virginia Textiles delivers to the Town of Pulaski Economic Development Director a business plan that identifies assets and their values, phases of development and incremental uses for the UDAG loan/grant applied for and other information requested by the Economic Development Director and/or Town Manager; and, Development of a lease to be considered for adoption by Town Council for space in the Pulaski Business Plaza. The motion was seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye There being no further business, Councilman Penn moved to adjourn, seconded by Councilwoman Steger and carried on voice vote.