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HomeMy WebLinkAbout10-24-06Minutes of the Town Council meeting held October 24, 2006 at 5:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council: Jeffrey S. Worrell, Dan Talbert, Jr., Lane R. Penn, Joel S. Burchett, Jr. David L. Clark, Larry Clevinger, II Staff: John J. Hawley, Town Manager Bill Webb, Fire Chief Dave Hart, Parks and Facilities Director Barbara Tate, Community Relations Director Sherry Boyd, Finance Director John White, Economic Development Director Gary W. Roche, Police Chief Dave Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Others: Shannon Collins Toni Ayers Pam Whitesell Brett Whitesell Marth Biggar Edna Love Edna Isbill Carol Wade Jeff Jones Troy Berkley Kisha Cook Joey Earles Jennifer White Mayor Wade called the meeting to order at 5:00 p.m. The first item on the agenda was adoption of September 19, 2006 Council minutes. Councilman Penn moved to adopt the September 19, 2006 Council minutes, seconded by Councilman Clark and carried on voice vote. The next item on the agenda was a Public Hearing for potential sale of the Maple Shade Center. Mr. Hawley advised that as required by law, since the Maple Shade Center was a publicly held property, it was the responsibility of the Town to hold a Public Hearing to gather citizens input. An offer had been made by Pulaski County to purchase the property from the Town. The intent of the County was to locate offices in the building. As a condition of the sale of the property, all existing leases had to be honored, and a ½ acre out parcel had been retained for the future construction of the Museum/Fine Arts Center complex. Additionally, language in the deed would include a joint and shared use of the parking lot. The Town was making every effort to protect the taxpayers’ interest and had at least covered the Town’s investment in the shopping center. Mayor Wade asked about the proceeds of the sale if it went forward? Mr. Hawley advised that the property had been bought to be used as a match for a Tea 21 grant for the Museum/Fine Arts Center complex. The Town was waiting for direction from VDOT as to what portion of the match might have to be returned to VDOT. The assumption was that a portion would have to be reserved for the future Museum/Fine Arts Center. The remainder of the funds would be set aside to be used for future Town needs. Mayor Wade opened the Public Hearing at 5:04 p.m. Jeff Jones spoke on behalf of GPA (Greater Pulaski Alliance). He advised that the Board of Directors met and were in support of the sale. There being no further comments, the Public Hearing was closed at 5:05 p.m. Councilman Worrell moved to direct staff to prepare the appropriate documents for the sale of the Maple Shade Center. The motion was seconded by Councilman Talbert. Mayor Wade asked whether this was to be a cash sale? Mr. Hawley advised that it was a cash sale. The motion then carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to the Christmas parade request from the Jaycees. Mr. Hawley advised of a request from the Jaycees for a donation to the Christmas parade. He added that the money could be funded from Special Events. Councilman Penn moved to donate $100 to the Jaycees for the Christmas parade. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Absent Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Councilman Burchett arrived at the meeting at 5:13 .m. Mayor Wade moved on to approval of auctioneer’s services. Mr. Hawley advised that after the first ad was placed for an auctioneer, a business advertised the auction. Unfortunately, this was before a selection had been made by the Town. After consultation with the Town Attorney, a second advertisement was placed for auctioneer’s services for the Town auction. Three proposals were received in response to that ad. A Review Committee studied the proposals and based on years of experience and client base, recommended Radford Auto Auction. Councilman Penn advised that because of the first misstep by Radford Auto Auction, he felt they should be stricken from this bid process. He wanted no appearance of impropriety. Mr. Hawley advised that the Committee discussed that topic, but felt that it was a genuine mistake on the part of Radford Auto Auction. They felt that the years of experience and client base outweighed the mistake on their part. Following discussion, Councilman Worrell moved to direct staff to enter into negotiations for auctioneer services with Radford Auto Auction, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - No Larry Clevinger, II - No The next item on the agenda was Public Operations. Mr. Hawley advised that staff met with representatives from Cingular regarding the lease proposal. Following this meeting, Cingular presented an offer to the Town that included a base rent of $1,300 per month. They agreed to an additional rent of $150 per carrier to collocate on the tower, not to exceed a total of $1,600 per month for all carriers on its tower and they proposed that the Town lease ground space to the new carriers at the current rate of $300 per month. Escalation was 7.5% per term as stated in the lease document submitted. Discussion ensued regarding the difference between their proposal and other existing tower leases with the Town. Councilman Talbert moved to direct staff to prepare a lease with Cingular. 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. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was a proposal for wireless service. Mr. White advised that the Town received a proposal from Wiredog to provide wireless internet service to parts of Town. He summarized the terms of the contract as follows: 1. That the Town assist with the purchase of wireless equipment, at a cost of $650 per node, with the Town funding a minimum of three nodes. Wiredog would match one to one the number of nodes that the Town purchases. 2. That the Town provide space on Town owned property for the equipment. 3. That the Town provide power for each unit, which was estimated to be five dollars per node per year. 4. That the Town provide access to the equipment 24/7 and 365 days a year as needed for maintenance. 5. That the Town provide a five year lease agreement for the equipment space at no charge. 6. That the Town provide all local permits for construction of the network. 7. That the Town allow Wiredog to advertise services in and on Town facilities and property, such as temporary yard signs, hanging fliers, and banners where permitted. In turn Wiredog would: 1. Match the number of nodes purchased. 2. Provide the installation. 3. Provide warranty and maintenance on all the equipment. 4. Provide internet band width to wireless equipment (broadband status). 5. Provide user end technical support needed. 6. Provide the Town Municipal Building with internet access at no charge for the life of the contract. (Not including hardware that might be necessary for installation). 7. Provide three full wireless internet access accounts per node that are purchased by the Town to be used at no charge for Town employees. (Employee would be responsible for the necessary hardware to be installed at their home.) 8. Establish a retail presence in the Town of Pulaski and would obtain the appropriate business license. Additionally, Mr. White explained the pricing: 1. For a twelve month contract, Wiredog would provide 750 kilobits of broadband access at $14.95 per month. For 2 megabytes, the cost would be $29.95 per month. 2. For a month to month contract, the 750 kilobits would be $19.95 and 2 megabytes would be $34.95 per month. 3. Another option was one day (24 hours) for $5.95. Trail-users or visitors to the community might like this feature. He asked that Council direct the Town Attorney to prepare and the Town Manager to execute a contract with Wiredog Communications and the Town of Pulaski. Mayor Wade asked whether the coverage would go past the hospital? Mr. White answered yes. It was possible to take the coverage to the new school. Mayor Wade asked about small business rates? Mr. White answered that if the business had three computers or less, the charge would be the residential rate. Councilman Burchett asked whether this would cover the entire Town? Mr. White advised that the plan was to cover as large a portion of Town as possible to start. They hoped to fund the downtown area with a grant. He felt that if enough people asked for the service that it would be expanded into other areas of Town. Councilman Penn moved to direct the Town Attorney to prepare and the Town Manager to execute a contract as described above with Wiredog Communications and the Town of Pulaski. Additionally, the wording should include “such other terms and conditions as may be negotiated and brought back to Council”. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was Camper Avenue research. Mr. Hawley advised that a request had been received to close a right of way at the end of Camper Avenue that leads to Walgreens. After research, staff found that this was a piece of property that was never approved as a subdivided right of way by the Town Planning Commission. One lot fronts on the right of way as well as part of the cul de sac. He asked the Town Attorney to explain the Town’s recourse. Mr. Eley advised that the land would have to be surveyed to find the ownership of property lines, because it may not be an approved right of way in the Town system. If that proved to be the case, it was possible that the property was actually owned by someone else and the Town could not close something it does not own. Further research would be done. Mayor Wade moved on to derelict structures update. Mr. Hawley advised that court dates were being obtained for two structures on Martin Avenue that will be removed. Mr. Eley advised that it appeared that the owner of the property had filed bankruptcy. If, after more research, that proved to be accurate, he would contact the trustee for the property to find out the status of the property. Mayor Wade inquired if the Property Maintenance Committee had scheduled another meeting? Mr. Quesenberry advised that a meeting had not been scheduled as he was trying to get some more information from Blacksburg before he scheduled the meeting. Mayor Wade asked that he notify the Committee of his progress on a weekly basis if possible. Councilman Burchett asked what it cost on average, per structure, from start to finish, including demolition, abatement and legal fees? Mr. Hawley advised that the demolition fees vary depending upon the structure. The Town has demolished some of the smaller buildings in an attempt to minimize the cost. He estimated, for an example, that the two buildings on Martin Avenue were probably in the $4,000 to $5,000 range to demolish and haul off the debris. Legal fees would be additional. He added that every attempt is made to recover the fees, including legal if possible, although it often is applied as a lien on the property. Councilman Burchett asked for an estimate on abating a large commercial building? Mr. Hawley advised that for example, for Cavalier Supply, it would cost approximately $75,000 for the disposal permit, including $25,000 for asbestos removal. He advised that another building on Main Street that partially collapsed was close to $32,000 for the disposal. Councilman Burchett asked what amount was normally budgeted for abatement? Mr. Hawley advised that 34,000 was budgeted for this year and he thought $24,000 for last year. Councilman Burchett commented that the budget needed to be increased in that area if they wished to get the abatement resolved in a shorter time span. Mr. Hawley advised that the $34,000 budgeted for this year included costs for weed and grass abatement and trash abatement. Those type of abatements probably totaled $4,000 or $5,000 dollars each year. Discussion ensued regarding increasing the amount budgeted for abatements. The consensus was to continue the discussion during the budget sessions. Mayor Wade moved on to letter of support for TEA 21 New River Valley Trails. Mr. Hawley advised that Pulaski County and the New River Valley Planning District Commission were applying for a TEA 21 grant to connect the New River Trail to the Huckleberry Trail. Following discussion, Councilman Burchett moved to direct staff to write a letter of support for the TEA 21 grant to connect the New River Trail to the Huckleberry Trail. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was Museum operations. Mayor Wade gave a brief history of the museum. He also commented on a letter written on behalf of the Raymond F. Ratcliffe Museum Committee that had been included in the packet. Mayor Wade asked for any comments from the public. Jeff Jones addressed Council as a taxpayer and as a representative of GPA. He felt that the Town needed the Fine Arts Center and the Museum, however, the Town should not fund it. He said any extra funds were needed to fight drugs, blight and to build up the infrastructure. Jennifer White asked whether the Town had actually been given Dr. Brockmeyer’s train set? As a taxpayer, she did not want to build a building for something that was not owned by the Town. Mr. Hawley responded that an agreement had been drawn up and had been sent to Dr. Brockmeyer’s attorney for review. Mayor Wade advised that the only thing that the Town had documentation for was items that had been donated and lent to the Town, and the first fire engine. Brett Whitesell asked whether there was a deadline to complete the project? He also inquired what would happen to the Train Station if the museum moved elsewhere? He stated that he would hate to see the money that had been invested in the Train Station wasted. Mayor Wade commented that he thought the original plan when the building was restored was to use it as a Welcome Center at the head of the Trail. A citizen from the public inquired whether the grant monies would have to be returned if the Town did not proceed with the Museum/Fine Arts Center combination project? Mr. Hawley advised that the TEA 21 grant funding was reimbursable money. The Town would be reimbursed once the project was completed. Part of the grant money was spent on the development of the construction plans (phase 1) and was reimbursed to the Town. The legal documentation stated that if the Town chose to discontinue a project, the Town will be responsible for the costs incurred to date. Councilman Worrell commented that he was not yet ready to give up on the idea of a Museum/Fine Arts Center combination. He suggested that Council meet with the Fine Arts Center and the Museum representatives and see if a feasible plan could be worked out. He added that he felt that it was absolutely critical that the Museum be maintained. Following more extensive discussion, the consensus of Council was to send a survey to the citizens of the Town with their water bills. Once the surveys had been turned in, Council would hold a public meeting to discuss the issue. Mayor Wade moved on to Curfew Ordinance and other Police Department recommended Ordinance changes. Mr. Hawley advised that the first item was an Ordinance to directing the police to enforce trespass violations. It would allow property owners to designate the police department by letter to act as an agent of the owner in trespassing situations. Following discussion, Councilman Talbert moved to direct staff to prepare an Ordinance allowing property owners to designate the police department by letter to act as an agent of the owner in trespassing situations. 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. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mr. Hawley advised that the next item was inoperable vehicles. This would require inoperable vehicles to be enclosed in a building or screened from public view; restrict the number of vehicles to zero covered by a tarp within public view that are allowed on an individual’s property; and amend the designation of zoning areas to match the language of the zoning ordinances. Following discussion, the Town Attorney was directed to review the issue to determine if the Town could legally adopt this Ordinance. The next suggested Ordinance would require children 14 years of age or younger to wear an approved bicycle helmet while riding or being carried on a bicycle, electric personal assistive mobility device, motorized skateboard or scooter or an electric power-assisted bicycle when riding on a highway, sidewalk, or a public bicycle path. Following discussion, the Town Attorney was directed to review the statute to determine if the Town could legally adopt this Ordinance. Councilman Burchett suggested that the Police Department try to acquire some helmets that could be provided to children who do not have them. The Mayor and several Council members approved of the idea. Mr. Hawley advised that staff was in the process of amending the Town Ordinance regarding sexually oriented business by removing the police department from approving a sexually oriented business. Additionally, staff was working on an Ordinance governing the removal of graffiti. The next item on the agenda was a curfew ordinance. Mr. Hawley advised that some of these suggested changes to the town ordinance resulted from a conversation with a judge in town. The Town Attorney was reviewing the suggestions to see if they could be enacted. Councilman Worrell asked if all of the suggestions had come from a judge? Chief Roche advised that only item four providing for community service had been suggested by the judge. Councilman Burchett asked whether he would be in violation of item three if he took his nephew for a late walk on a summer night? This suggested change would limit juveniles to be out after curfew only if they were with a parent or a guardian that has legal custody. He was not in favor of that wording. A suggestion was made that perhaps the wording could be family member or adult family member. Mr. Eley, the Town Attorney advised that he would review the wording. Mayor Wade moved on to screening ordinance. Mr. Hawley advised that as a result of the on-going efforts to eliminate blight, the Economic Development office had suggested additions to the Code to require screening certain areas that negatively impact the perception of the Town. Following discussion, Councilman Talbert moved to refer the screening suggestion to the Planning Commission for review. 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. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was Train Whistles. Mr. Hawley advised that he had received several phone calls recently complaining of the train whistles and that he had agreed to bring the issue to Council. He reminded Council that previously they had reviewed the topic. At that time, Council’s options were to allow the train Engineer to blow the whistle or amend the rule. If Council had voted to change that rule, every intersection that was protected with cross arms would have been required to be upgraded so that there would be no way to drive around them. This would have been a very expensive proposition. Since there were very few complaints at that time, Council opted to allow the Engineer to blow the whistle. Following discussion, Council decided to take no action. The next item on the agenda was the Cavalier lease. The Town Manager advised that draft Resolution 2006-24, regarding the second modification agreement of short term lease with Cavalier Supply had been submitted to Council. It was noted that two of the Council names on the Resolution were incorrect and needed to be changed. Councilman Worrell moved to adopt Resolution 2006-24, Authorizing Amendment to Resolution 2006-22 Adopting Second Modification Agreement of Short Term Lease Agreement, with the correct Council names. 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. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was the RAAP Mutual Aid Agreement. Mr. Hawley reminded Council that a request had been received several months ago for the Fire Department to participate in a Mutual Aid Agreement with the Arsenal. He advised that the Fire Chief and the Town Attorney met and reviewed the document. Fire Chief Webb advised that he and Mr. Eley had met and worked on the agreement and suggested some changes. He advised that he had a few questions regarding insurance, but that in principle it was an agreement he would not be opposed to. Following discussion, it was the consensus of Council for staff to proceed with the agreement. Mayor Wade moved on to Police Department USDA Vehicle Grant. Police Chief Roche summarized some options available with a USDA grant to purchase police cars. He requested permission to purchase two vehicles and the related equipment. Mayor Wade questioned whether the extra funds might be better utilized by allowing off duty police officers to earn overtime pay by participating in physical education classes at the Pulaski Middle School. Chief Roche responded that he was projecting a $32,000 surplus as of December 31 and felt that both options could be pursued. Following discussion, Councilman Talbert moved to direct staff to purchase two police cars and to allow off duty police officers to earn overtime pay by participating in physical education classes at Pulaski Middle School two days a week. 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. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item on the agenda was a proposal from Draper Aden. Mr. Hawley advised that Draper Aden had agreed to work at an hourly rate on an as needed basis, to assist the Town with issues related to Hydrogen Sulfide in the sewer system. Following discussion, Councilman Worrell moved to direct the Town Attorney to prepare the proper paperwork for a contract between the Town of Pulaski and Draper Aden Associates. 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. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Moving on, Mayor Wade asked whether Council wished to cancel the Council Work Session scheduled for November? Councilman Penn suggested that the meeting with the Museum and the Fine Arts Center could serve as the November Work Session. The consensus of Council was to hold the Work Session and meeting with the Museum and Fine Arts Center personnel on November 7, 2006. There being no further business, Council moved on to Closed Session. At 7:15 p.m., Councilman Penn moved to enter into Closed Session for two items under Virginia Code 2.2-3711 (A-1), Assignment of Personnel. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye At 8:10 p.m., Council returned from Closed Session and adopted the Certifications Resolution on motion by Councilman Talbert seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye At 8:11 p.m., there being no further business, the Council meeting adjourned on motion by Councilman Penn, seconded by Councilman Talbert and carried on voice vote.