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HomeMy WebLinkAbout06-01-10!07 Minutes of the Town Council Meeting held June 1, 2010 at 7:00 p.m. in the Council Chambers of.the Municipal Building at 42 First Street, NW. There were present: Mayor Jeffrey S. Worrell Council: David L. Clark, Larry G. Clevinger, II, H. M. Kidd, Joel B. 'Burchett, Jr., Robert A. Bopp, Morgan P. Welker Staff: John J. Hawley, -Town Manager Patricia Cruise, Clerk of Council Bill Pedigo,'Town Engineer Sherry, Boyd, Finance Director Gary Roche, Police Chief R. D. Warburton, Town Attorney Others: David Adkins - James A. Radcliffe Daymon Robertson Kendra Robertson Harold M. Huld Teddy Harrison Roy F. Buzzelli Linda Buzzelli Amy Lewis Randy Winn Marcie Worrell Suzanne Wantland W. Grant Back. Jeff T. Back Freddie W: Sonner Betty Quesenberry Joseph K. Goodman Bill Warden Maetta Crewe Charles Wade Mike Williams, Press Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00p.m. He advised that Maetta Crewe, Clerk of Circuit Court, was present to swear in the Council whose term begins July 1, 2010. Ms. Crewe swore in David L. Clark, H. M. Kidd and Joseph K. Goodman to Council terms running from July 1, 2010 through June 30, 2014 and Jeffrey S. Worrell, Mayor to a term running July 1, 2016 through June 30, 2012. Next,- Councilman Burchett led -the Pledge of Allegiance and Councilman Bopp gave the Invocation. Following roll call, Mayor Worrell advised that the first item on the agenda was Presentations. Resolution 2010-12, Honoring Pulaski County High School Art League Students had been included in the packet. He asked art teacher Mrs. Parks to come forward. He advised that.the students had created hand painted tiles and then created a mosaic on the planters in front of the Town Municipal Building. Mrs. Parks advised that her students were not able to attend the meeting as they had other commitments. However, she presented a video to Council that the students created that showed the process from beginning to end. The video was on You Tube under "Art League.Pulaski" for those who wished to view it. Mayor Worrell then read the Resolution aloud and presented it to Mrs. Parks. Councilman Clark moved to adopt Resolution 2010-12, Honoring Pulaski County High School Art League Students. The motion was seconded by Councilman Welker and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II - Aye Robert A. Bopp - Aye H. M. Kidd - -Aye Morgan P. Welker - Aye The next item on the agenda was Public Hearings. The.frst Hearing -was in regard to a cigarette tax increase. June 1, 2010/Page 1 of 7 . os Mr. Hawley advised that during budget discussions Council had opted to increase the cigarette tax to 25 cents per pack. The Hearing had been advertised as required by law. Mayor Worrell opened -the Public Hearing at 7:10 p.m. Mayor Worrell read aloud a letter from Freddie W. Sonner against raising any taxes at this time. He noted -the loss of jobs in the area and the -number of citizens living on fixed incomes in the Town. Next, .Linda Buzzelli spoke against raising the cigarette tax and BPOL. She cited the drop in sales in her store due to the closing of businesses and the number of citizens living on fixed incomes in the Town. She advised that citizens could purchase their cigarettes in the County cheaper than in Town because of the tax. James A. Radcliffe spoke against giving -the Town employees a 3% raise and then raising taxes. He asked that.they think_ of the elderly and those on fixed incomes and eliminate the raise. Bill Warden spoke against the cigarette tax increase. He advised that sales are already down in the area. If the tax was increased,. the sales would go down even.more and revenues in general would go down in Town. He added that anything that is done that.puts more of a burden on the citizens of the Town is not good. He emphasized that many are on fixed incomes. Next, Charles Wade addressed Council commending them for staying the course and doing what was approved'by a previous Council and giving staff a 3% raise. Additionally, he advised of three concerns -with the proposed budget. First,, since delinquent taxes are -not being collected fully, he opined that "it was- time to determine and implement the appropriate legal option to aggressively collect these taxes so that the majority of our citizens are not required to shoulder the burden". Second, considering the high unemployment numbers in our area, he felt it was difficult "to understand the rationale for reducing the economic development -budget by approximately 15% at a time when we should be aggressively seeking opportunities for jobs that -are compatible with our workforce". Third, he advised that he "did not support continued funding of the Pulaski Area Transit unless it reverts back to scheduled routes versus an on call system". He felt "we need to establish scheduled routes to get people to their jobs, shopping, etc". He opined that if done correctly, there would be energy savings and emission reduction realized. There being no further, speakers, Mayor Worrell closed the Hearing at 7:25 p.m. The next Hearing was in regard .to a BPOL (Business and Professional License) revision to remove the first $50;000 exemption. Mr. Hawley advised that at the budget discussions, Council decided to remove the first $50,000 exemption for BPOL. Additionally, Council decided to set.a minimum fee of $30 for every business. He added that the changes had been advertised as required by law. Councilman Welker confirmed that this action would set the rate and fee structure -to the way it was five or six years ago? Mr. Hawley agreed. Mayor Worrell opened the Public Hearing at 7:28 p.m. Charles Wade addressed:Council advising that he found it incredible when "we're trying to get businesses built up here, that we take away anything that might get entrepreneurs to start business". He felt it sent the wrong message to entrepreneurs and small businesses who are trying -to get started in this Town. He added "unless you -have another plan, I don't think you ought to eliminate the exemption". June 1,.2010/Page 2 of 7 09 Bill Warden advised that he was on the Economic Development Board and the BPOL exemption "is one of the tools that we had to try to recruit businesses". He added that he felt it was a bad idea to take this tool out of "our arsenal". There being no further comments from the public, the Hearing was closed at 7:29 p.m. The next Public Hearing was in regard to the Personal Property Tax increase. Mr. Hawley advised that during:budget discussions, Council had decided to consider an increase in the Personal Property tax. He noted -that no increases had been made in over twenty years. Mayor Worrell opened the Public Hearing at 7:30 p.m. There being no comments, the Hearing was closed. -Mayor Worrell moved on to the Public Comment period. Harold Kidd addressed Council advising that Heritage Park needs restroom facilities. Charles Wade commented that there was a balance of approximately $2,000 in the fund raising account for Heritage Park that could be used for restroom facilities at the Park. He added that there were people in the community that would help complete the project. Mayor Worrell commented that the Town was aware of the need for restroom facilities at Heritage Park and were wodcing on it. Next, Teddy Harrison addressed Council. He advised that in 2008, he purchased property on Newbern Road. Prior to purchasing the property, he checked with the Mr. Quesenberry, Zoning Administrator/Assistant to the Town Manager !to check the zoning and found it was zoned residential and business. He said he was also advised of the location of the water and sewer in that area. He stated that. he told Mr. Quesenberry that his land did not reach -the water and sewer and that he was told that the property was in the Town zone and the Town would get him water and sewer. Additionally, he advised that he was told that if it was necessary, the Town would go to court and get an -easement to bring sewer to the corner U the property. Based on .the information he received from Mr. Quesenberry,, Mr. Harrison purchased the property. Subsequently Mr. Harrison advised that he had spoken with a realtor and several. businesses that -were interested in the property. He had VDOT-come out and do a site line survey for future use of the property and it was approved by VDOT. This year he was told by Dave Cook, Water and Sewer Superintendent; that the Town had a lot line easement to bring the sewer to the property and provided -the details and cost to hook up. He asked Mr. Cook to provide this confirmation in writing to him. Subsequently he learned that the Town does not have a lot line easement.. Mr. Harrison advisedthat he has spoken with the Town Manager and' he needed the Town to honor what its representatives told him and pursue a Town easement through -the court system if necessary, to bring Town amenities to the property so that he could develop it. He added that not only would this.easement.allow him to develop his property,- but the property on the other side of -the easement would be developable as well. Mayor Worrell commented that Council just recently became aware ofthis situation and requested that Mr. Harrison allow Council time to.review the situation and possible options. Mr. Harrison agreed. There being no further comments from the public, Mayor Worrell moved on to the Consent Agenda consisting -of the -May 5, 2010 Town Council meeting. Councilman Bopp advised that the last vote on the last page of the May 5, 2010 minutes regarding the Certification Resolution was .incorrect. He stated that.he had voted Aye and the minutes reflected a Nay vote. June 1, 2010/Page 3 of 7 Cou cilman Welker moved to adopt the Consent Agenda consisting of the Minutes of the May 5, 2010 Town'Council meeting as corrected. Councilman Clevinger seconded the motion and so carried on a voice vote. The next item on the agenda was Project Updates. The first item was East Main Street improvements. Mr. Hawley advised of a meeting with VDOT regarding the accumulated funds -available for the Route 99 project. As had been previously discussed; the Town will never accumulate enough funds to complete the project of four laning the road from the corporate limits to the current location of Tractor Supply. He reviewed some options included in a memo -dated May 12, 2010 from VDOT for the accumulated funds. He added that VDOT was interested in some direction from Council before providing more.detailed-information. Councilman Burchett inquired into the previous suggestion to update the exit off of I-81 to make it less dangerous? Councilman Welker interjected that he had suggested to VDOT that if the Bob White and Main intersection was widened, that it be widened enough that if it -were upgraded to a four lane in the future, the intersection would not have to be destroyed and redone. Following discussion, .staff was to determine whether theaccumulated funds could be used to update the exit off I-81, get figures for updating the exit off 1-81, add it to the current list of options and ask VDOT to trim the trees by the cloverleaf to improve line of site. Additionally, Councilman Burchett suggested that staff inquire whether the County would share in the expense of updating the exit. Councilman Clark commented that he would like to have all the facts before deciding which project(s) to undertake. Mayor Worrell moved on to the Rental Inspection Program update. Mr. Hawley reviewed the status of the Rental Inspection Program. He summarized the number of units in each area that were compliant,, ready for inspection, ready to be scheduled for inspection or had been sent registration letters. In response to a question from Council, he advised that staff hoped to have all. of the rental -property in the district inspected within 60 days. Councilman Burchett inquired whether the inspections would be expanded to other areas of Town? Mr. Hawley responded -that Council originally discussedthat, but decided to, implement these areas first and then decide - whether to proceed with other areas. Councilman Burchett inquired whether rental inspections could be instituted for single family dwellings? Mr. Hawley advised that he could not remember the extent of the previous conversations. Councilman Welker noted that 223 North Washington had been omitted from the district. Mr. Hawley advised that there are several on Third Street that have not been included as well. Councilman Welker commented that it might be good to review and adjust the districts. Following discussion, staff was to review the records to see whether the omitted locations were deliberately left off or if it was a mistake and return to Council with the information. The next item on the agenda was Heartwood Community Video. June 1, 2010/Page 4 of 7 Mr. Hawley advised that inform ion been sent to the Town regarding a community video through the Southwest Virginia Cultural Heritage Commission. The video would be made of the Town and would be part of the Heartwood Center in Abingdon. It would also go on the Town's website. The total cost of the video was'$7,000 with -ARC paying one half and the Town paying the other half or $3,500. Following discussion, staff was directed -to find out when the filming of the -Town woul& begin and bring the information back to Council. Mayor Worrell moved on to Old Business. The first item -was. Ordinance 2010-05, Amending the Town Code to Increase the Cigarette Tax. Mayor Worrell advised that Council had directed staff to prepare the Ordinance increasing the Cigarette Tax to twenty five cents per pack. Councilman Welker moved to adopt Ordinance 2010-05, Amending Article III, Section 78402 of the Town of Pulaski Code of Ordinances Increasing the Cigarette Tax. Councilman Clevinger seconded the motion and it carried on -the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II _ Aye Robert A. Bopp - No H. M. Kidd - Aye Morgan P. Welker - Aye The next item on the agenda was Ordinance 2010-04, Amending. the Town Code regarding BPOL. Mr. Warburton, Town Attorney, pointed out a typographical error in paragraph a in the third full paragraph, the third line... the word not should be deleted. Councilman Welker commented that this -Ordinance was his least favorite, however he saw the need for it. He.moved.to adopt Ordinance 2010-04, Amending §22-39(a) of the Town of Pulaski, Virginia Code of Ordinances, deleting the word not in the third full paragraph, in the third line. Councilman Burchett seconded -the motion. Councilman Bopp commented that taking an economic incentive off of the table right now is not a step forward. He felt it was a step back. Councilman Welker responded -that it was not a huge sum of money for an. individual business, but it was a "big chunk of revenue". He added that he would rather do this than have to increase the citizen's real-estate tax or something along those lines. He reminded everyone that new businesses started in the Enterprise zones get two years exemption from BPOL. Mayor Worrell agreed with Councilman Bopp. He advised that this was begun as an Economic Development tool. and he did not agree with taking it away. The motion then carried on the following recorded- vote: -David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II - Aye Robert A. Bopp - No H. M. Kidd - No Morgan P. Welker - Aye The next item on the agenda was Ordinance 2010-06, Setting The 2010 Rate Of Taxation On Personal Property. Mayor Worrell advised that Council had directed staff to prepare the Ordinance to increase the personal property tax to eighty cents per one hundred dollars of assessed value. June 1, 2010/Page 5 .of 7 .12 Councilman Clark moved to adopt Ordinance 2010-06, getting the 2010 Rate of Taxation On Personal Property. Councilman Clevinger seconded the motion and it carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II - Aye Robert A. Bopp. - No H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell moved on to Budget Review. Mr. Hawley summarized the current proposed budget status. He noted that there was currently a shortage of $57,872. He advised that a list of capital -items had been included for Council's review. He referred to a memo that Council had received from the YMCA with -an updated list of services to be provided to the Town citizen's if Council assisted them -financially. He reminded Council that the budget had to be advertised for a Public Hearing on June 15, 2010, and be adopted seven days after that. Mayor Worrell summarized the YMCA's offer and their request for $5,000 from this year's budget and .another $5,000 from the next fiscal budget. Councilman Burchett commented that the offer from the YMCA had improved, however, he needed to consider it more. Councilman Welker commented that he had reservations about making a cash contribution to a faith based organization. He added that he did not mind in-kind contributions or assisting with water service. Mayor Worrell asked that more details be -provided to Council regarding the family swim -time, and open youth basketball time. Mr. Hawley noted that he still needed direction from Council regarding the budget, including which capital items to pursue. Following discussion, staff was to advertise $200,000 for capital items and let the staff determine- which items are most needed for Council to review. Councilman Burchett agreed with Mayor Worrell and emphasized that the leaky roofs and electrical items needed to be given priority. Councilman Kidd inquired why they wished to install a parking lot fence at the Fire Department? Mr. Hawley responded that he would have to ask the Chief. Councilman Kidd suggested that new rescue tools be removed from the list. He advised that he knew that the tools that the Fire Department had were old, but they were in excellent. shape. Additionally, he commented that as a fire department, they could qualify for grants to purchase items that they need. Councilman Welker suggested removing laptops for Council and new flooring for the Municipal Building from the list at this time. He agreed with Councilman Burchett to repair or replace the roofs, electrical and windows at the. Fire Station. Mayor Worrell reiterated his suggestion to advertise $200,000 for capital items and work from there. Councilman Welker agreed and suggested adding $50,000 to the Nuisance Abatement line item. Following discussion, the consensus of Council was to add $50,000 to the Nuisance Abatement line item for a total of $74,000 and to advertise $200,000 for capital items for a total of $307,000 and change from the Unrestricted Fund Balance as revenue. June 1, 2010/Page 6 of 7 Councilman Burchett advised that Councilman Clark and he met with the state- delegate regarding the fact that business 3 licenses are not required for folks who have rental property. He inquired where to check to see why the law did not include rental property owners? Mr. Hawley advised that.staff would consult with the Virginia Municipal League attorneys. Mayor Worrell -moved on to South Washington sidewalk. Mr: Hawley advised that pursuant to Council discussion, staff had determined a method and a cost estimate to install a sidewalk for the section of sidewalk between First and Second Street on the east side and avoid the driveway. He recommended that the work be scheduled after July 1 with the new budget if Council's decision is to go forward with -the project. Councilman Welker commented that the labor could be removed from the estimate as Town staff would do the work. Following discussion, Councilman Welker moved to direct staff to place a block of sidewalk between First and Second Street on the east side and avoid the driveway in the street improvements for the 2010-2011 budget cycle. Councilman Bopp seconded the motionand it carried on the following recorded vote: David -L. Clark - Aye Larry G. Clevinger, II - Aye H. M. Kidd - Aye Joel. B. Burchett, Jr. - Aye Robert A. Bopp - Aye Morgan P. Welker - Aye At 9:10 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711, (A-7) Consultation with legal counsel for specific legal advice and (A-1) discussion, consideration or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of speeific public officers, appointees or employees of any public body. Councilman Clevinger- seconded the motion and it carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, Il - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Council returned from Closed Session at 9:26 p.m. and adopted the Certification Resolution on motion by Councilman Clark, seconded -by Councilman Welker and carried- on the following recorded vote: David L. Clark - Aye Larry G. Clevinger, II - Aye H. M. Kidd - Aye Joel B. Burchett, Jr. - Aye Robert A. Bopp - Aye Morgan P. Welker - Aye Councilman Clark moved to renew the contract and retainer for. the Town Attorney for two years. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark - Aye Larry G. Clevinger, II - Aye H. M. Kidd - Aye Joel B. Burchett, Jr. - Aye Robert A. Bopp - Aye Morgan P. Welker - - Aye There being no further business, the meeting adjourned on motion by Councilman. Clark, seconded by Councilman Welker and so carried. Approved: ey S. Orrell, Mayor June 1, 2010/Page 7 of