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HomeMy WebLinkAbout12-07-04Minutes of the Town Council meeting held December 7, 2004 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., 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 Randolph D. Eley, Jr., Town Attorney Sherry Boyd, Finance Director E. T. Montgomery, Captain, Police Department John White, Economic Development Director Bill Pedigo, Town Engineer Bill Webb, Fire Chief Others: Nick Cole J. D. Roark Donald Campbell Bob Strasser Nancy Strasser Melody Hedge Angie Nipper Lynn Loftus Clarence Webb Stanley Frost Nichole Slaughter Jessi Zunic John Travis Jennifer White Carol Wade James Holliday J. B. Warner Nellie Warner Virginia Kirkland Ann M. Long Edna Loftus Sarah Duncan Megan Artrip Ferd Harvey Paula Dell Campbell Donna Branch Pamela Hanks Erin Waddell John Collins Cheryl D. Beverly James Beverly JoBeth Wampler, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Burchett led the Pledge of Allegiance and Pastor John Collins gave the Invocation. Councilman Worrell moved to amend the agenda, seconded by Councilwoman Steger as follows: 1. Under New Business: Employee of the Year proposal 2. Under Closed Session: Va. Code 2.2-3711 (A-5), Prospective industry interested in locating in the Town’s Industrial Park Under Old Business: C. E. Richardson grant Under New Business: A safety issue Under Public Hearing: Direct Town Attorney to prepare Ordinance Under Presentation: Adopt Flood Mitigation Plan if accepted by Council The motion carried on voice vote. Following roll call, Mayor Wade moved on to the Public Hearing for the right of way closure on 16th Street for the United Pentecostal Holy Church. Cheryl Beverly addressed Council opining that closing the right of way would impose hardship on her due to existing parking problems and access to the property for future building. A representative of the Pentecostal Church advised that the Church intends to purchase the property and has advised the Beverly’s that they will be allowed to continue to park their cars on the property. Mr. Pedigo advised that topography might limit access from Randolph, which would need to be considered. The Mayor asked Mr. Quesenberry to review the request. Mr. Quesenberry summarized the request advising that the United Pentecostal Holy Church was requesting that the southern half of the unnamed right-of-way adjacent to the 16th Street extension be closed to join their property. He reviewed the location of the lots and summarized that the Church was basically seeking to have a lot that stretches from Randolph back to the corporate limits and to consolidate their holdings into one lot. Next, Mr. James Beverly addressed Council speaking against closing part of the right of way. If the right of way was to be closed, he wished for the entire right of way to be closed. Mr. Hawley commented that he thought there was some confusion over the area. The right of way that parallels Randolph and is perpendicular to 16th Street is unimproved. Following extensive discussion, Councilman Worrell moved to table the decision on the right of way request and direct staff to look into Mr. Beverly’s concerns and return to Council with more information. 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 Next, Nick Glenn presented the Town of Pulaski Flood Mitigation Plan and summarized it for Council explaining that the intent of the Plan is to help reduce insurance rates. He pointed out that the plan tells what to do in case a flood does occur. Additionally, he pointed out that the Peak Creek channel needed to be cleaned out now, in case of a flood. He suggested that Council leave the Flood Mitigation Committee in place as a standing committee of Council in case they were needed and offered to serve on the Committee. Mayor Wade moved on to the Public Comment period. Lynn Loftus addressed Council speaking against the proposed widening of English Forest Road. (Comments included in official Council minutes). Melanie Hedge addressed Council speaking against the widening of English Forest Road due to ongoing flooding problems. She opined that widening the road would increase her flooding problems in her yard. Mayor Wade moved on to the Consent Agenda. Councilwoman Steger moved to adopt the Consent Agenda, consisting of the minutes of the November 2, 2004 Council meeting, seconded by Councilman Penn and carried on voice vote. Under Project Updates, Mr. Hawley advised: Regarding the Skate Park at MacGill Park. The ads for the bids have gone out for equipment and are due on December 15, 2004. Once the bids are reviewed for compliance with the specification package, the contract would be awarded and the work will begin. He added that the signage was due to be in place within the next few weeks. The Mayor inquired whether a site plan had been prepared for the park? Mr. Hawley replied in the negative and added that he would work with the Parks and Facilities Director and the Town Engineer to get a timetable prepared. Mr. Hawley moved on to the Gatewood update, advising that staff was in the process of upgrading the parking spaces, and preparing to lay out the camp sites, and begin grading. The electrical outlets and posts and the faucets for the camp sites were to be ordered within the next two weeks, with the planned completion date being by April 1, 2005 when the park is scheduled to reopen. Mayor Wade inquired whether a site plan had been prepared for Gatewood Park for the shelter and the boat dock upgrade? Mr. Hawley replied that he would work with the Parks and Facilities Director and the Town Engineer to get a timetable prepared. The Town Manager moved on to the report on Maple Shade advising that the video store had moved out of the facility. Additionally, he advised that the Building Inspector had met with a contractor regarding ways to improve the façade and that drawings and cost estimates were expected later in the week. John White, Economic Development Director gave an update on the downtown revitalization advising that as soon as the CDBG contract was received, it would be delivered to the Town Attorney to review. He anticipated having the document for review at the next Council Work Session. Mr. Eley, the Town Attorney, gave a projects update including work on the CDBG project and contracts; consulting with John Shaw for CDBG; work on zoning issues and the personnel manual. He advised that he was still waiting to hear from the judge on the Summers case. He added that he had drafted a lease and Ordinance for PSKnet.. He advised that Council would be asked to adopt the Ordinance containing the basic terms of the lease, but not the actual lease at this time. Mr. Hawley advised that the first check had been received on the Nextel tower lease and that the second draft of the Personnel manual had also been received and was being reviewed by staff. Mr. Talbert inquired about the completion of the Trail? Mr. Hawley advised that staff is working on redesigning the low water bridge. Once that work is done, it will have to be approved by the Virginia Marine Resources. After that approval is received, staff will have to complete the Environmental review and the construction documents submitted to VDOT for approval. Once these approvals are received, staff will be allowed to go out to bid with a hoped for completion date in the late spring or early summer. Mayor Wade moved on to Old Business. The first item was the Fine Arts Center’s “1964 The Tribute” request. Mr. Hawley advised that in the spring, the Fine Arts Center approached the Town about assisting with bringing “1964 The Tribute” to the Town. The intent was that it would be a continuation of the Series in the Park concert series, and be held at Calfee Park. The Town fronted $3,750 for the band. The attendance was not as expected at the function and the project lost money. Consequently, the Town staff agreed to absorb the $1,820 in security fees for off duty officers to cover the event. The Fine Arts Center sent a letter asking the Town to pick up the advertising costs of $2,932 and provided an expenditure report. He advised that if Council approved this request, the Town would have over $8,500 invested in the event. Following extensive discussion, Councilman Talbert moved for the Town to cover up to 50% of the loss from the event, seconded by Councilwoman Steger and failed on the following recorded vote: Jeffrey S. Worrell - No Lane R. Penn - No Dan Talbert, Jr. - Aye John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Charles Wade – No Mayor Wade moved on to approval of additional A/E costs for downtown revitalization. Mr. Hawley advised that the Town had been working with Anderson & Associates on the contract for the engineering and architectural services for the CDBG Revitalization. In order to be in compliance with the procurement for engineering and architectural services for the project, the architectural work with the Engineering portion of the contract must be included. He advised that this had resulted in $7500 in additional surveying for the landscape architect that was not included in the original grant for the walk areas along Peak Creek. He requested that this be taken from the un-appropriated funds. Additionally, he advised that there will be an additional cost of $10,000 for the administration and costs associated with the architectural services subcontract. He advised that this cost would be covered by using $10,000 of inspection fees and the Town’s Engineering department performing the inspections for the First Street NE storm drain and sidewalk repairs. He added that after the projects are bid, it may result in savings on actual construction estimates and therefore, it may not be necessary to use all of the funds appropriated. Following discussion, Councilman Worrell moved to approve the additional $7500 for A/E costs be approved and taken from the un-appropriated funds, seconded by Councilman Penn and carried on vice 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 Pulaski Network lease on the water tower. Councilwoman Steger moved to direct the Town Attorney to prepare the necessary papers adopting the basic terms that are needed in the lease with Pulaski Network, 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 Mayor Wade moved on to Ordinance 2004-35, Amending the Position Classification Plan for the Town of Pulaski. Councilman Penn moved to adopt Ordinance 2004-35, Amending the Position Classification Plan for the Town of Pulaski, 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 Mayor Wade announced that the Town had received two grants from the C. E. Richardson Benevolent Foundation. The first grant is to preserve the photographs that capture the history of the area that are at the Raymond F. Ratcliffe Memorial Museum in digital form. The second grant is to go toward establishing a cultural center to co-locate the Raymond F. Ratcliffe Memorial Museum and the Fine Arts Center for the New River Valley The next item on the agenda was New Business. The first item was Resolution 2004-33, Continued Participation in the New River Valley Regional Water Supply. Mr. Hawley advised that the Commonwealth of Virginia had mandated that all regions study the feasibility of connecting water systems together. This has been handled by the New River Valley Planning District Commission through a grant for the initial stage. This Resolution will allow further study with the majority funded with grant money. Following discussion, Councilwoman Steger moved to adopt Resolution 2004-33, Continued Participation in the New River Valley Regional Water Supply Study, 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 The Mayor moved on to Ordinance 2004-36, Amending Ordinance 99-05 to Transfer Deed of Trust for Southwest Times Building to the Pulaski Theatre, Ltd. Councilman Worrell requested that the Friends of the Theatre group update Council at a future meeting as to their progress with the Theatre. Councilwoman Steger moved to adopt Ordinance 2004-36, Amending Ordinance 99-05 to Transfer Deed of Trust for Southwest Times Building to the Pulaski Theatre, Ltd, 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 Mayor Wade read a letter requesting that a safety device be installed at the entrance of an unnamed right of way at Wilson Avenue. They advised that due to the overgrowth of shrubbery, the view was obstructed and they feared a wreck would occur. Following discussion, the Town Manager was directed to study the area and bring back a report to the next Council Work Session. Mayor Wade moved on to the Employee of the Year proposal. Mr. Hawley advised that the Town Employee Committee and the Mayor both suggested instituting an Employee of the Month/Year program. The proposal is to name two employees as Co-Employees of the Year this year, awarding them each a monetary award and an extra day off. Beginning in 2005, the Town would name one person Employee of the Month, who would receive an extra day off and ending with an Employee of the Year who would receive a monetary award and an extra day off. Councilman Worrell moved that the Employee of the Month/Year program be approved to go forward, 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 Mayor Wade moved on to English Forest Road Urban Maintenance Funding. Mr. Hawley advised that at a recent public hearing for a proposed subdivision near English Forest Road, the existing pavement width was discussed as being too narrow. Following the comments, staff studied the road and discovered that some of the road does not meet VDOT specs for Urban Maintenance funds. He advised that Town staff will design an upgrade for this road to meet VDOT standards. Following extensive discussion, the Town Manager was directed to do a safety study on the inappropriate roads in the Town, and prioritize them according to the need for repair. The list was to be presented at the next Council Work session. Additionally, staff was directed to review the drainage on English Forest and report to Council at the Work Session. At 8:52 p.m., Councilwoman Steger moved to enter into Closed Session under Virginia Code 2.2-3711: (A-1), Discussion and consideration of employee(s) of the Town of Pulaski – 1 item (A-7), Consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring the provision of legal advice by such Counsel. – 2 items. (A-3), Discussion of the disposition of public held real property where discussion in an open meeting would adversely affect bargaining position or negotiation strategy for the Town. 1 item. (A-5) Prospective industry interested in locating in the Town’s Industrial Park The motion was 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 At 9:44 p.m., Council returned from the Closed Session and adopted the Certification Resolution for the Closed Session, 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 At 9:45 p.m., Councilman Penn moved to adjourn, seconded by Councilman Bolen and carried.