Loading...
HomeMy WebLinkAbout08-19-08Minutes of the Town Council Work Session held August 19, 2008 at 5:00 p.m. in the Council Chambers of the Municipal Building. 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 Welker Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager R. D. Warburton, Town Attorney Sherry Boyd, Finance Director Craig Quinn, Project Engineer Bill Pedigo, Town Engineer Barbara Tate, Community Relations Dave Hart, Parks and Facilities Director John White, Economic Development Director Others: P. Sean O’Neal Patricia Weeks Heather K. O’Dell Patrick O’Dell Charles Wade Carol Wade Jane Amburn Shawn Utt James Babb Larry Freeman Freddie W. Sonner Meredith McGrady Paul Akers Pam Austin Terri Fitzwater Palmore Betty Quesenberry Lane Penn Janie Hurd Akers Bill Warden Kevin Litten, Press Melinda Williams, Press Mayor Worrell called the meeting to order at 5:00 p.m. Following roll call, Councilman Clevinger moved to amend the agenda by adding item # 8h, Appointment to the Housing Authority. The motion was 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 advised that the first item on the agenda was the Consent Agenda, consisting of the minutes of the July 16 and 29th, 2008 Council meetings. Councilman Burchett inquired whether the July 29, 2008 minutes should include the actual questions and responses from each of the candidates interviewed for the open Council position? He inquired whether all of the remarks should be included in the minutes or was that a violation of some policy that he was not aware of? Mayor Worrell responded that the questions were included in the minutes. Mr. Hawley advised that it was his decision not to have the full two hour recording typed. If Council wished the entire recording typed, then staff would do so. Councilman Burchett responded that it seemed to him that “most of the time when folks make public comments, and those were public comments, they’re generally reflected in the minutes” when we have our public comment period. He added that he knew this was a little different than the usual public comments, but he thought he’d ask the other members of Council for their input. Mr. Hawley stated that it would generate a large document and there was no legislative action taken by Council. However, he added that it was Council’s decision what they wanted included in the minutes. Mr. Warburton, the Town Attorney, interjected that “filling a Town Council seat is not an employment based decision. Your decision to have full minutes or what you have in front of you is entirely administrative, but it’s not dictated by whether it’s an employment decision”. Councilman Kidd moved to adopt the minutes of the July 16 and July 29th Council meetings. The motion was seconded by Councilman Clevinger and carried on voice vote, with Councilman Burchett voting no. Mayor Worrell moved on to Public Operations. The first item was RF Read water meters. Bill Pedigo introduced Brad Bersch the Territory Sales Manager from Carolina Meter, who gave a presentation to Council. He explained how the system worked and some of the optional features that were available. He explained the improved efficiency and accuracy expected. He advised that the system should last fifteen to twenty years and the payback should occur in approximately three years. Mr. Hawley added that currently two employees were needed to read the meters. With the purchase of the RF meters, one person could read the meters in one or two days. The remainder of the time, he would be available to help in the Public Works Department. The other employee would be moved to the Water System maintenance Department full time . Discussion ensued regarding the fact that water bills would probably go up due to the increased accuracy of the readings. Following this discussion, the consensus of Council was for staff to proceed with the bidding process. The next item on the agenda was golf carts on streets. Mayor Worrell advised that a request had been received from a citizen to allow golf carts on streets. Mr. Hawley advised that Patricia Weeks was scheduled to make a presentation. Ms. Weeks advised that she had provided information to Council via email and had provided more information to staff to give to Council. She advised that she was aware that “VDOT had to review any desired speed limit changes and right now, we are only concerned with lowering our travel costs back and forth from home to work and being able to get down town for store business on roads 25 miles per hour or less”. She added that she had traveled many of the streets downtown to try to find alternative routes to places they frequent. She advised that they would need at least one golf cart crossing on Memorial Drive at either Peppers Ferry Road or Newbern Road and one on Bob White Boulevard behind Kentucky Fried Chicken on Monte Vista Drive. She advised that she had found that insurance for the golf carts is available. Mayor Worrell inquired whether Ms. Weeks was suggesting this option rather than lowering the speed limit to 25 miles per hour on all Town streets? Ms. Weeks responded in the affirmative. Captain Meredith addressed Council with safety concerns from staff. He noted that some of the areas in Virginia which allowed golf carts had a flatter terrain than Pulaski, and with our steeper roads it may cause the battery to lose power sooner. Additionally, the carts would not be able to maintain speed on the hills in Pulaski. Many of Pulaski’s streets are narrow and have no shoulder, which would make it difficult to avoid slow moving traffic. Virginia is very strict on child restraint seats and seat belt usage. These vehicles are not required to have seat belts. Additionally, he noted that an engineering study would have to be done prior to lowering any speed limit. Mayor Worrell commented that he could certainly get behind the concept of using less gasoline powered vehicles. However, he advised that personally, he could not get past the safety issue. He felt that to introduce golf carts onto the streets would be to introduce golf carts into an environment they weren’t designed for. Councilman Burchett commented that if the safety issues could be covered, then he was behind the idea. He felt this was an evolution of our society and the way business would be done in the future. He would not support lowering any speed limits, but saw no reason not to allow the use of golf carts on the streets if the safety issues could be resolved. Mayor Worrell advised that two citizens had signed up to address Council. He called on Patrick O’Dell. Mr. O’Dell advised that he thought the golf carts should be allowed on the streets. Next, Freddie Sonner commented that mopeds and scooters are already impeding traffic and they can accelerate easier and blend in with the traffic. He felt that with the speed that the golf carts can travel and the narrowness and steepness of some of the streets in Town that it would be a safety issue and he was opposed. Councilman Clark commented that we all need relief at this point, but the comments he was hearing from the public were the safety issues and the lack of power and speed with the standard golf cart. There are already electric vehicles that are approved for the road. Councilman Burchett inquired if Council could specify the type of golf cart used? Mr. Warburton advised that Council could regulate in any fashion, minimum requirements for the carts. Additionally, they could require separate licensing with the Town for their use in the Town if they chose. Councilman Welker felt that golf carts on streets could work if handled correctly. State requirements would have to be met, but he felt that Council should require a permit for golf carts in the Town and a decal. Additionally, when the permit was obtained, they would have to sign a document acknowledging all the state statutes that apply and certify that their cart could maintain a minimum speed of 20 miles per hour under all conditions, under all loads; that they have liability insurance; that no one under sixteen could ride; and that by driving this vehicle they are taking their lives in their own hands. If that criteria were met, then he thought it could be considered by Council. Under no circumstances did he think the speed limits should be lowered however. Councilman Bopp advised that most of the comments he heard from the public were related to lowering the speed limit and that was now not an issue. He commented that electric vehicles will not go up and down the hill once the battery level gets to a certain point. He expressed concern for the vehicle losing power and how the rider would move the vehicle out of the way and get it home. He felt there was no way to judge how long the battery would last on hills. He felt it would impede the flow of traffic and was concerned for the safety of the rider. He agreed that liability should be required if the issue passed. Councilman Kidd was supportive of the idea, however, he felt that limitations should be set including larger tires to help with stability and a restraint system. Councilman Clevinger was against the proposal citing safety issues, narrow roads, and the mountains. Following further discussion, Councilman Burchett moved for staff to research the cost of the engineering and traffic studies that would be required to go further with the proposal and revisit the issue when that information is gathered. Councilman Welker seconded the motion 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 advised that Sean O’Neal wished to address Council. Mr. O’Neal thanked the Town for the use of the trolley to take children home from the Youth Center. Additionally, he invited Council to attend one of the future youth activities. Mr. Pedigo, the Town Engineer, commented that he checked the trolley after the youth event and found it to be very clean. Mayor Worrell moved on to Water Treatment Plant Sludge Disposal. Mr. Pedigo, Town Engineer, summarized the process currently involved in the Town’s sludge disposal. He advised that Glenn Baublitz had approached the Town with a different process called a rotary press, which the Town had been investigating. He advised that this process appeared to be a viable solution. However, there were other considerations to look at as well. Bill advised that the next step, if Council agreed, would be for staff to analyze the rotary press and other presses on the market and decide what type to go with. Once staff had made a selection, it would have to go out to bid. Mr. Hawley interjected that staff would need to speak with the health department before going forward. Councilman Burchett moved to direct staff to proceed with the project by meeting with the health department. The motion was 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 Legislative portion of the meeting. The first item was curfew Ordinance review. Mr. Hawley advised that Council had asked staff to review the current curfew Ordinance with a view towards possibly abolishing or altering the current juvenile curfew ordinance. Information had been provided in the packet for Council’s review. Mayor Worrell commented that after reading Chief Roche’s report, he felt that the Ordinance was being used as it was intended when it was adopted. He added that he spoke with the Juvenile and Domestic Relations Court Judge, and the Judge felt that the Ordinance was an effective tool and should be left as is. Councilman Welker commented that a lot of fifteen and sixteen year olds have jobs and lack transportation but pay taxes and can contribute to the economy. He felt that the Ordinance might restrict businesses from opening that cater to young people. He listed several reasons that he felt the Ordinance violated constitutional laws. He suggested a compromise by changing the section of the Code from loitering in a street, sidewalk or public place to “it shall be unlawful for any person under the age of eighteen, without a parent or legal guardian present, to remain idle for a period of over fifteen minutes on any highway, street, alley, sidewalk or town right of way after ten p.m. Sunday through Thursday night or after midnight on Friday or Saturday night and before 5:30 a.m. on any day of the week. Nothing in this Ordinance shall restrict the free, otherwise lawful transportation of persons of any age and any time. Nothing in this Ordinance shall restrict the otherwise lawful use of private property by persons under the age of eighteen unless such restriction is placed by the owner of the property”. He felt this wording would take away many of the issues with the present Ordinance. Mayor Worrell called for Mrs. Fitzwater Palmore to address Council. She was not present however, and he asked for further comments? Councilman Burchett opined that a sixteen year old should be able to walk home from work. Mr. Warburton interjected that nothing in the current Ordinance criminalizes walking to or from anywhere. He added that if the Ordinance was applied correctly, a person walking could possibly be loitering. He advised that parents are responsible for their children under the current Ordinance. Additionally, that our current Ordinance is constitutional. Mayor Worrell added that he asked the Juvenile Judge how often these cases came before him and his exact words were “not very often – once in a while”. The Mayor then asked Captain Meredith whether Town police are charging people with violation of this Ordinance – that it was being used mostly as a tool to get the children off the streets in the middle of the night? Captain Meredith responded in the affirmative – and added that the officers have discretion with the Ordinance and can utilize it if needed. Mayor Worrell asked for action from Council? Councilman Welker moved to direct staff to prepare an Ordinance to repeal the curfew on minors. Councilman Burchett seconded the motion and it failed on the following recorded vote: David L. Clark - No Joel B. Burchett, Jr. - No Larry G. Clevinger, II - No Robert A. Bopp - No H. M. Kidd - Abstain Morgan P. Welker - Aye Councilman Welker moved to change the language section of the Town Code relating to the curfew of minors to a draft similar to what he read previously in the meeting. Councilman Burchett seconded the motion and failed on the following recorded vote: David L. Clark - No Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II - No Robert A. Bopp - No H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell – No Mayor Worrell moved on to a review of the current Ordinances for skateboards, skating and biking. Mr. Hawley suggested that since the meeting was running long, that this discussion be held at the next Council Work Session in September. The Mayor agreed. Councilman Welker opined that the bicycle Ordinance should ban riding on sidewalks in the entire Town. He felt there was no reason for people to ride bicycles on any sidewalk in Town. The next item on the agenda was consideration of new meeting time. The Mayor advised that Councilman Welker had suggested that Council consider holding both monthly Council meetings at six p.m. The Mayor commented that over the years, the times had changed back and forth and he was personally indifferent to the time. Councilman Burchett commented that with his current work schedule, that seven o’clock was better for him. Councilman Kidd commented that many shifts end at six. Councilman Clark was agreeable to any time. From the staff, Barbara Tate interjected that the seniors in Town prefer the earlier time. Councilman Kidd moved to direct staff to prepare the proper documentation to change both Council meetings each month to seven p.m. Following discussion, Councilman Kidd withdrew his motion. Councilman Burchett commented that he had noticed that the Council Work Sessions seemed to be the same as the Council meetings. Mr. Hawley advised that staff tries to limit the number of legislative actions, and public comments, Ordinance and Resolution adoptions and similar items to the Council meeting held the first Tuesday of each month. Mr. Hawley encouraged Council to read the Council Procedures and Rules. They are very specific on public comments and he felt that the format has veered from that in the last years. Work Sessions are Called Meetings of the Mayor on a set date. Mayor Worrell commented that he would discuss that issue after he completed the work on the meeting times. He asked if there were any further motions regarding the meeting times? There being none, the meeting times were left at 7:00 p.m. on the first Council meeting of the month and at 5:00 p.m. at the Council Work Session held the 3rd Tuesday of the month. Mayor Worrell moved on to the Council Procedures and Rules. He advised that Council adopted a Resolution in 2004 that has strict guidelines on conducting Council meeting. Council has strayed from those rules in the last several years. He requested that a review of the guidelines be added to the next Council Work Session. The next item on the agenda was VRS “Pick up” Resolution. Mr. Hawley advised that a Resolution is required by the IRS to insure that all pick up plans are compliant with the IRS Revenue Ruling 2006-43. VRS provided a draft Resolution and if it is acceptable to Council, it can be adopted at the September 2, 2008 meeting. The consensus of Council was to adopt the Resolution at the September 2, 2008 meeting. Mayor Worrell moved on to request to restrict number of pawn shops in Town. He advised that a request had been received to restrict the number of pawn shops in the Town to one. Councilman Clark advised that he would abstain from discussion and voting on this issue. Mr. Hawley advised that he had received a letter from Gardner’s Pawn Shop (included in official Council minutes) and since they were unable to attend the meeting, he read it to Council. Mayor Worrell commented that he felt it would be in the best interest of our citizens to encourage competition, rather than work to eliminate it. Councilman Burchett opined that it would look bad to adopt an Ordinance to only let one person practice business in Town. Following discussion, Councilman Welker moved to deny the request to limit the number of pawn shops in the Town, seconded by Councilman Burchett and carried on the following recorded vote: David L. Clark - Abstain Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Councilman Clevinger inquired whether Council could specify that certain type of businesses be restricted from certain areas? Mr. Warburton advised that yes, you could. However, he did not think that Council would want to do that because of the cost of litigation that would inevitably follow. The next item on the agenda was Economic Adjustment strategy. Mr. White advised that part of the planning grant process of the Nanotechnology Research Park included reviewing and developing an “Economic Adjustment Strategy”. He then gave a brief summary of the strategy. He advised that with the length of the meeting he would discuss the issue in more depth at a later meeting. Mayor Worrell moved on to a request for a zoning amendment referral to Planning Commission. Mr. Hawley advised that a member of the Economic Development Board submitted a request for a zoning amendment to lower the parking requirement for multi-family units in the B-3 Central Business District from 2 ½ spaces per dwelling unit to 1 space for a single bedroom unit and 1 ½ spaces for multi-bedroom units. Recent meeting with developers had indicated that the current requirements are a deterrent to development of residences in the B-3 (Downtown) area. Following discussion, Councilman Burchett moved to refer the zoning amendment request to lower the parking requirements for multi-family units in the B-3 Central Business District from 2½ spaces per dwelling unit to 1 space for a single bedroom unit and 1½ spaces for multi-bedroom units. Councilman Bopp 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 The next item was appointment to the Redevelopment and Housing Authority. Mr. Hawley advised that Mr. Babb and Mr. Burchett’s term on the Redevelopment and Housing Authority expire on August 21, 2008. Both individuals expressed interest in serving for another term. Councilman Clark moved to prepare the proper paperwork to re-appoint Mr. Babb and Mr. Doug Burchett to another four year term to expire August 21, 2012. Councilman Kidd 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 Councilman Burchett interjected that Glenn Baublitz had expressed interest in being appointed to the Industrial Development Authority. Mayor Worrell responded that the email had been received that day and that at least two other individuals were also interested in being appointed. Staff was waiting to see if more responses came in and then Council could decide. At 7:25 p.m., there being no further business, Councilman Burchett moved to enter into Closed Session to discuss two items under Virginia Code 2.2-3711 (A-5), Prospective business or industry. The motion was 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 At 7:54 p.m., Council returned from Closed Session and adopted the Certification Resolution for the two items on a motion by Councilman Burchett, seconded by Councilman Clevinger 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 There being no further business, the meeting adjourned on motion by Councilman Burchett, seconded by Councilman Clark and so carried.