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HomeMy WebLinkAbout10-07-08Minutes of the Called Town Council meeting held October 7, 2008 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 S. Burchett, Jr., Robert A. Bopp, Morgan P. Welker Staff: John J. Hawley, Town Manager Patricia Cruise, Clerk of Council David N. Quesenberry, Asst. to the Town Manager John White, Economic Development Director Sherry Boyd, Finance Director Dave Hart, Parks and Facilities Director Barbara Tate, Community Relations Director Gary Roche, Police Chief David Warburton, Town Attorney Others: Joseph Posillico Charles R. Bopp Shawn Utt Jamie Radcliffe Dean Cox Archie Booth, Jr. Amy Lewis P. Sean O’Neal Jane Lookabill Andrew C. Cocke Cassie Mills Ava Stilwell Rex Todd Mary Lou Todd Melinda Musick Betty Quesenberry David Edney Clark Payne James Holliday Janie Hurd Akers Melinda Williams, Press Mayor Worrell called the meeting order at 7:00 p.m. Councilman Clevinger led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following roll call, Council Clark moved to amend the agenda to add 7d, 2008 Spirit of Service Awards Finalist – Archie Booth; 7e, Proclamation Designating November, 2008 as National Caregivers Month; 12i, review of quotes for financing of RF water meters; 13d, Consideration of repurchase of lot 21, Section A of Oakwood Cemetery , 13e, UDAG loan for the Posillico’s and Closed Session under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel. 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 - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell introduced the Employee of the Month for October 2008, Mike Parmelee. He congratulated Mr. Parmelee, presented him with a plaque and read a Press Release aloud. He noted that Mike would receive and additional paid day off from the Town and be eligible for the Employee of the Year award. Mayor Worrell then presented Resolution 2008-26 to Clark Payne. The Resolution recognized Mr. Payne for his service as Chairman of the Pulaski Redevelopment and Housing Authority. Councilman Clark moved to adopt Resolution 2008-26, Recognizing Clark Payne for his service as Chairman of the Pulaski Redevelopment and Housing Authority. The motion was seconded by Councilman Kidd 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 Next, Mayor Worrell recognized Archie Boothe for being a 2008 Spirit of Service Awards finalist. He reviewed some of Mr. Boothe’s qualifications and thanked him for his service. Mayor Worrell then read a Proclamation Designating November, 2008 as National Family Caregivers Month. He presented the Proclamation to Cassie Mills, Program Director for Agency on Aging and Ava Stillwell, RSVP Director. The next item on the agenda was a presentation from Landmark Group regarding Community revitalization. Rex Todd gave a presentation about developing property in the Town of Pulaski. Mayor Worrell moved on to Public Hearings. The first hearing was a Special Exception request from Memorial Baptist Church for a day care center and after school program at the Church. Mr. Quesenberry reviewed the criteria for the request and advised that the Planning Commission had recommended approval with no additional conditions. Mayor Worrell opened the Public Hearing at 7:35 p.m. Jane Lookabill addressed Council representing Memorial Baptist Church and asked that the request be granted. There being no further comments, the Hearing was closed at 7:36 p.m. Councilman moved to direct staff to prepare the proper paperwork to approve the Special Exception request for a day care center and after school program from Memorial Baptist Church. The motion was seconded by Councilman Burchett 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 Public Hearing was a request to close an alley off of North Jefferson Avenue near the former Bower’s Funeral Home. Mr. Quesenberry advised that the request had been received by Spencer Rygas to close a portion of an alley extending from 9th Street, NW to the intersection with an alley running east-west between 810 and 816 North Jefferson Avenue. He advised that all adjacent property owners had been notified and no comments received. He added that if the closing is approved, the Town will retain all utility easements present in the former alley. Mayor Worrell opened the Public Hearing at 7:39 p.m. Mr. Rygas addressed Council explaining his reasoning for the request. He advised that he had a utility building adjoining the alley that was not visible from his house and he was concerned for its security. He added that the alley was not accessible by any vehicle and that he and his neighbor kept the area mowed and neat. Dean Cox was in agreement with the request, but requested that the remainder of the alley be maintained by the Town. He complained of a hedge that was taking over the alley. Councilman Burchett moved to close the alley as requested, seconded by Councilman Clark. Following discussion between the Town Attorney and Council regarding the wording of the motion, the motion was withdrawn. Councilman Burchett then moved to vacate the alley and relinquish the Town interest, seconded by Councilman Clark 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 Mayor Worrell moved on to the Public Comment Period. Melinda Musick addressed Council requesting that pigs be allowed in her R-1 zoned location. She was advised to submit a written request to Town Council and they could submit it to the Planning Commission for consideration. Additionally, Ms. Musick commented that she heard a rumor that Magic Mart was closing. She expressed concern for the Town and its citizens. Mayor Worrell responded that rumors abound about all types of topics, but, at this point Council had not heard of any plans for Magic Mart to close. Next, Councilman Burchett advised that he was impressed with the clean up of the out parcel that the Town retained at the Maple Shade parking lot. Additionally, he asked staff for an update on his previous request to trim the overgrown trees on the sidewalk on South Washington? Mr. Hawley advised that he would check the work orders and report back to Council. Councilman Welker commented that there was no sidewalk between 1st and 2nd Street on the east side. He asked that staff review the area to improve functionality and appearance. Additionally, Councilman Welker inquired whether staff could provide an update to Council and Department Heads similar to the County weekly update? Mayor Worrell commented that Council could consider it and discuss it more at the Work Session. The next item on the agenda was the Consent Agenda. Councilman Clevinger moved to adopt the Consent Agenda consisting of the September 2, 2008 Council meeting minutes. Councilman Clark seconded the motion and it carried on voice vote. Mayor Worrell moved on to Project Updates. Barbara Tate reported on the Community Garden. She advised that there were eleven participants utilizing fifty nine ten by ten plots. She felt that the garden had been a success and added that she had already received inquiries into next years garden. Councilman Burchett wondered if some of the schools in the area might wish to participate in the Community Garden. Mrs. Tate commented that she would love for the schools to participate. Mrs. Tate also reported on Pulaskifest, advising that the festival was a success. She summarized some of the events that were at the festival. Mrs. Tate also advised that the Autumn Leaf Special, where citizens rode the trolley to Gatewood to see the autumnal colors was also a great success. Following discussion, it was decided to offer this ride again Sunday, October 19th. Mayor Worrell moved on to Old Business. The first item was Ordinance 2008-16. Mr. Hawley advised that this Ordinance had been prepared at the direction of Council. Councilman Welker moved to adopt Ordinance 2008-16, Approving a Special Exception for Operation of a Theatre at 14 West Main Street. The motion was seconded by Councilman Burchett 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 was Ordinance 2008-18. Mayor Worrell advised that this Ordinance completed the direction of Council. Councilman Welker felt that some of the wording was unclear regarding the number of animals permitted. Following discussion it was suggested to strike horses and ponies permitted three (3) and sheep permitted five (5). Councilman Burchett moved to adopt Ordinance 2008-18, Ordinance Amending Provisions for Grazing Animals in the R-1 District, striking the wording horses and ponies permitted three (3) and sheep permitted five (5). 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 Mayor Worrell moved on to Resolution 2008-27. Councilman Clark moved to adopt Resolution 2008-27, Authorizing the Housing Authority to Prepare a Redevelopment Plan. The motion was seconded by Councilman Bopp and carried on the following recorded vote: David L. Clark - Aye Joel B. Burchett, Jr. - Abstain Larry G. Clevinger, II, - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye The next item on the agenda was the trolley route. Mr. Hawley advised that Sean O’Neal, from the New River Valley Youth Center, had requested the Town consider setting up a fixed transportation route (using the trolley) to allow for transportation of users of the youth center. He wanted to make sure that this would not be considered a donation, which would impact the operation of the Center. Following discussion, Councilman Kidd moved to approve the request to set a fixed route for the trolley at no charge to the riders on a trial basis. The motion was seconded by Councilman Burchett. Councilman Welker advised that his brother drove the trolley on a part time basis. He did not feel that this would affect his discussion of the topic. Following more discussion, Councilman Kidd moved to amend the motion to include that the trial basis was for six months. Councilman Burchett seconded the amendment and so 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 - Abstain Mayor Worrell moved on to Pulaski Baseball lease meeting review. He advised that he, the Town Manager and Dave Hart had met with a representative from Pulaski Baseball regarding the lease. Pulaski Baseball did not think they were going to increase ticket prices in the upcoming baseball season. They were going to try to increase revenues by increasing attendance. They talked about advertising sign locations, some physical improvements to the ball park such as lighting around the club house and the construction of a batting tunnel. He added that they would be meeting again soon and asked for any input from Council regarding the matter. Councilman Burchett asked the Town Attorney whether the Virginia Code allowed a Closed Session discussion of this lease under Section A-29? Mr. Warburton responded that the rule is that it must be discussed in public unless there is specific exception. He advised that Section A-29 of the Virginia Code referred to competitive bidding of a contract and did not apply to this situation. Councilman Burchett inquired how much the Town had spent to meet the criteria to keep the stadium to league standards. He asked was the dug out part of that criteria? Mayor Worrell responded that it was the Town’s decision to replace the dugout. It met the standards. Mr. Hawley advised that the dug out was not pointed out as being deficient during the yearly inspection of the ball park. That decision was made upon staff recommendation and Council’s decision. Councilman Burchett asked was that the case for the batting tunnel as well? Mr. Hawley advised that the batting tunnel was not a requirement of major league baseball, but it was the recommendation that a covered hitting area be provided for use in inclement weather. Dave Hart, Parks and Facilities Director, added that in the past, recommendations from major league baseball had become requirements. Discussion ensued regarding the potential cost of the batting tunnel. Mayor Worrell added that there was a possibility of finding a sponsor for part of the expense of the tunnel to help with the expense. Councilman Burchett inquired whether a section of the park could be opened up to outside concessionaires to sell a product that did not compete with Pulaski Baseball, Inc.? Mr. Hart felt that a portion of the lease would not allow other concessionaires to sell in the park. Councilman Burchett inquired whether they should be asked to allow other concessionaires in the park? He commented that the Town has made changes at the park and have not received a monetary pay back. He asked Mr. Hawley how much money the Town had lost to baseball? Mr. Hawley advised that he would have to look at the operating costs. He noted, however, that it would be difficult to come up with a number because there were operating costs for the property even when not in use, because upkeep was necessary whether it was in use or not. Councilman Burchett inquired what the Town’s biggest benefit was aside from quality of life? Mr. Hawley responded exposure in Baseball of America, exposure on television and in newspapers. Over one thousand people attended each game. Basically, it was quality of life. Mayor Worrell interjected that the main issues were drawing people into town and quality of life. Councilman Welker suggested asking Pulaski Baseball, Inc. to pay for the tunnel and then the Town could pay them back 10% or 20% every year as long as we have a baseball team? Mayor Worrell advised that funding for the batting tunnel was discussed with Pulaski Baseball, Inc. and they will continue to negotiate. Councilman Burchett advised that he was looking for an expanded experience at the park with more diverse foods and beverages and he asked that the topic be discussed further with Pulaski Baseball. He also expressed his disappointment at the method for the box seat rentals. He asked that a lottery system be discussed with Pulaski Baseball.