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HomeMy WebLinkAbout07-11-06Minutes of the Town Council meeting held July 11, 2006 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Charles L. Wade Council: Jeffrey S. Worrell, Lane R. Penn, Joel B. Burchett, Jr., David L. Clark, Larry Clevinger, II Absent: Dan Talbert, Jr. Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney Patricia Cruise, Clerk of Council Bill Pedigo, Town Engineer Dave Hart, Parks and Facilities John White, Economic Development Director E. T. Montgomery, Police Department Maureen F. Dietrich, Police Department Others: Nick Glenn Mickey Seagle Roy Buzzelli Linda Buzzelli Freddie W. Sonner Betty Quesenberry Perry King Ron Penland Kathy King Mayor Wade called the meeting to order at 7:00 p.m. Councilman Penn led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Mayor Wade introduced and welcomed new Council members Larry Clevinger, II and David L. Clark. Mayor Wade asked for nominations for Vice-Mayor Councilman Burchett moved to reappoint Lane R. Penn as Vice Mayor, seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Abstain Larry Clevinger, II - Aye Following roll call, Councilman Penn moved to modify the agenda by adding two Closed Sessions under Virginia Code 2.2-3711 (A-7), Consult with legal counsel - one item and (A-1), two items – Personnel issues and assignment of duties. The motion was seconded Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade introduced Officer Maureen F. Dietrich, the Employee of the Month for June, 2006. He read aloud a press release and congratulated Officer Dietrich and presented her with an award. He noted that in addition to this honor, Officer Dietrich would receive an additional paid day off from the Town and be considered for the Employee of the Year award in December. Mayor Wade moved on to Public Hearings. The first Public Hearing was a request to rezone four parcels on the east side of Smith Lane from R-3, (conditional zoned with proffer) to R-1/R-2 Residential District. The rezoning had been requested to permit the construction of a detached single family residence that is handicapped accessible. Mr. Hawley advised that the lots were part of a conditional zoning, (rezoning with proffer) that was approved by Town Council by Ordinance 2006-12 on March 7, 2006. The proffer stated that Mr. King would only construct cluster housing on the properties he requested for rezoning to R-3. In the meantime, Mr. and Mrs. King had been contacted by family members to locate a detached single-family home on other property that they own, to provide a handicapped accessible dwelling for a disabled family-member. A potential location for the residence on another lot the King’s own was not satisfactory because setbacks could not be met by the structure. Mr. King then decided to forgo construction of cluster homes on the four lots east of Smith Lane and asked if the structure could be placed there. After research, staff determined that it would be necessary to go back through a rezoning since the proffer specified cluster homes only. Mr. Hawley continued by reviewing the staff analysis and Planning Commission recommendation for Council. Mayor Wade opened the Public Hearing at 7:10 p.m. There being no comments from the public, the Hearing was closed. Councilman Penn moved to approve the request to rezone the property to R-2 Residential district and to direct the Town Attorney to prepare the proper paperwork. The motion was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next Public Hearing was to consider the Five Year Capital Improvements Plan and Resolution 2006-17, Adopting 5 Year CIP. Mr. Hawley advised that, as required by law, the legal ads had run for the Public Hearing. He summarized the CIP plan for Council. Mayor Wade opened the Public Hearing at 7:15 p.m. There being no comments from the public, the Public Hearing was closed. Following discussion, Councilman Penn moved to adopt Resolution 2006-17, Approving the Five year Capital Improvements Program for the Town of Pulaski, seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade stated that with gas prices rising, staff should review miles per gallon listings when considering purchasing a vehicle for the Town. Additionally, he asked that staff come up with criteria to use before replacing a vehicle. The next item on the agenda was the Public Comment Period. There were no comments from the Public, however, Mayor Wade read a letter aloud complimenting staff who gathered at 4A Pump Station for an emergency alarm. The Mayor offered the thanks of Council to the employees. Mayor Wade moved on to Project Updates. Mr. Hawley advised that the VDOT had been contacted about the right of way certification for the New River Trail extension. The Salem District right of way office had forwarded a recommendation to Richmond that a right of way certification be issued. This has not been received. Once the certification is received at the Town, the contract document and bid package will be submitted. Regarding the Iron Bridge Walking Trail right of way from Norfolk Southern, Mr. Hawley advised that Congressman Boucher’s office had been contacted to help. An appraisal was submitted last year to Norfolk Southern, which met VDOT requirements. He also advised that staff has been working on requirements for the Department of Historic Resources. Mayor Wade asked that staff pursue state money to light the trail. The next item on the agenda was Hogan’s Dam spillway improvement report. Mr. Hawley advised that the Engineering department had met with the Dam Safety Division of Department of Conservation and the Town will be applying for a construction permit at the September meeting of the Board of Dam Safety. Additionally, staff had asked Congressman Boucher to schedule a meeting with the Army Corps of Engineers to determine if this can be a Corps project, which could provide 50% of the funding. Mayor Wade moved on to Old Business. The first item was Hogan’s RFP request. Mr. Hawley advised that staff had been moving forward with trying to prepare criteria for a Request For Proposals to be sent out for Hogan’s Dam. The Committee, appointed by Council, developed an RFP that had been reviewed by the entire committee. During the review by the Committee, two questions arose which Council needed to address. The first issue was whether the Town should maintain ownership of the dam. The second issue was whether the Town wished to acquire additional right of ways to access the property. Councilman Burchett stated that unless right of way is gained through Draper Golf Course, there is no access currently. Without access to the property, the plan could not come to fruition. He added that if developers found that they would have to deal with trying to obtain right of way access, their offer to the Town could be substantially less. He opined that the same principal applied to the dam. If the developer was not familiar with the permits and requirements for a dam, they might offer less. Mayor Wade suggested acquiring an option on the right of way, rather than an outright purchase. Considerable discussion ensued, with no action taken. Mayor Wade moved on to appointing a member to the HOME Consortium. Mr. Hawley reminded Council that the HOME Consortium is being formed in the New River Valley through the city of Radford, Giles County, Pulaski County and Montgomery County. Town’s can participate, but cannot serve on the Board. Council asked Pulaski County to appoint a Town representative and the County has agreed to this request. Mayor Wade suggested that Mr. Hawley be the Board representative for the Town. Councilman Worrell moved to appoint John Hawley to the HOME Consortium board, seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was Ordinance 2006-20, Approving a Site Plan and an Amended Proffer for Smith Lane Cluster Housing. Mr. Hawley advised that Council had previously directed staff to prepare an Ordinance for Council’s approval. Councilman Worrell moved to adopt Ordinance 2006-20, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Ordinance 2006-21. Mr. Hawley advised that Council directed staff to prepare an Ordinance for Council’s approval. Councilman Penn moved to adopt Ordinance 2006-21, Approving Zoning Amendments for Accessory Structures and Side Setbacks in the R-2 Residential District. The motion was seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item was Ordinance 2006-22. Mr. Hawley advised that Council directed staff to prepare an Ordinance for Council’s approval. There was some confusion as to the actual wording for the Ordinance. In light of that, staff prepared three versions of the Ordinance for Council’s review. Mr. Eley, the Town Attorney, explained the differences between each option. The difference in wording occurred in the third paragraph regarding the conditions for allowing the supporting posts in the right of way. He advised that the original motion stated the “preference” that said balcony not require supporting posts in the right of way. He felt that the word preference did not protect the Town as he would like. He suggested using a version called option 1, with the word “condition” substituted or option 2, which used the word “condition” but added the phrase “if in the opinion of the Town of Pulaski Engineering Department, said posts can be eliminated. Otherwise supporting posts will be permitted.” He advised that he really did not recommend using the word “preference” in that Ordinance. Councilman Worrell advised that he made the original motion and he intended to use the word “condition”. He intended the motion to say that Council would prefer the balcony without the supports, but if that wasn’t feasible, then, the supporting posts would be allowed. He was trying to avoid having to review the request again if the balcony could not be constructed without the supporting posts. He realized that his motion did not go along with the Attorney’s recommendation, but that was still his motion. Mr. Hawley commented that Option 2 fit the intent of Councilman Worrell’s motion, but the word condition made it a stronger document. Following discussion, Councilman Worrell moved to adopt Ordinance 2006-22, Option 3, Granting an Encroachment to Gem City Management, LLC. 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. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to New Business. The first item was radio read water meter test area. Mr. Hawley advised that the old hand held meter reading units had to be replaced. The company that supplies the hand held units, also works with wireless radio remote readers. When staff discussed replacing the old hand held units, the company offered to provide two new meters as well as 20 meters that could be ready by the remote, at no additional cost. These will be installed as a test area. To convert all meters at one time would be very expensive, but if it works as well as discussed, the Town could adopt an Ordinance mandating that all replacement or new meters be the remote type. Following discussion, staff was directed to call other areas that have the system to see how they like it. Additionally, they were directed to work out a break even point for the test area, taking into consideration, gas, salaries, etc. to determine how many remote readers could be purchased per year. The next item on the agenda was a surplus auction. Mr. Hawley advised that staff is gathering materials together to hold an auction of surplus items in the fall. Regarding a wireless proposal for the Town, Mr. Hawley advised that staff had been working with a supplier regarding supplying wireless options for high speed internet for the Town. It could allow a cost effective high speed internet to be available to the Downtown CDBG project area. Partnering with the private firm would allow the Town to provide the high speed service free at public locations. Mayor Wade commented that if the Town pursued this option, a Request for Proposals would have to go out. He suggested that a list of criteria be included in the RFP as all internet providers do not offer the same options. Following discussion, the consensus of Council was for staff to proceed with the RFP. The next item on the agenda was infield tarp for Calfee Park. Mr. Hawley advised that the tarp at Calfee Park has outlived its life expectancy and holes have developed, which allows water to leak to the infield. Staff has to apply absorbent to many areas of the infield, which costs both money and time. Staff wished to purchase a new tarp. The old tarp could be sold to the High School. Following discussion, Councilman Worrell moved to direct staff to purchase a new tarp, and donate the existing tarp to the High School. 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. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye At 8:10 p.m., Councilman Penn moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7) 2 items, (A-1), 2 items and (A-5). The motion was seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye At 9:13 p.m., Council returned from Closed Session and adopted the Certification Resolution for the Closed Session on motion by Councilman Penn, seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Absent David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The meeting adjourned on 9:15 p.m., on motion by Councilman Penn, seconded by Councilman Burchett and carried on voice vote.