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HomeMy WebLinkAbout12-09-08iZ-~~o~ Minutes of the Town Council meeting held December 9, 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 David Warburton, Town Attorney Patricia Cruise, Clerk of Council David Quesenberry, Asst. to the Town Manager John White, Economic Development Director Elizabeth Chitwood, Economic Development Dave Hart, Parks and Facilities Director Sherry Boyd, Finance Director Gary Roche, Police Chief Gary Martin, General Superintendent, Public Works Kim Caudill, Administrative Manager, Public Works Others: Charles R. Bopp P. Sean O'Neal Amy Lewis Mikel Carr Charles Wade Carol Wade Janie Hurd Akers Betty T. Quesenberry Betty Lou Kirkner James Holliday Bill Warden Boy Scout Troop 249: Cody Hartley Vincent Miller Josh Witherspoon Carey Carr Sam Norris John Myal Marquis Cox Ryan Umberger Adam Slate Archie Booth, Jr. 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. Mayor Worrell advised that a former Pulaski Town Manager, Tom Noland, passed away. He asked for a moment of silence is Mr. Noland's honor. Following roll call, Mayor Worrell welcomed Boy Scout Troop # 249 to the meeting as well as the other visitors. Next, Mayor Worrell introduced the December 2008 Employee of the Month, Gary Martin, Public Works General Superintendent. He read a press release aloud and presented a plaque. He noted that Mr. Martin would receive an extra paid day off and be eligible for the Employee of the Year award. Mayor Worrell moved on to Pulaski Area Transit (P.A.T.) appreciation of town support. He advised that during the P.A.T. awards banquet, Mr. Hawley and Council received an award in recognition of support of the transit and the people of Pulaski. He commented that it would make a very nice addition to the Town showcase. Additionally, Mayor Worrell advised that the Town also received an award from the New River Valley Economic Development Alliance, for thanks and recognition as an annual investor in Virginia's New River Valley Economic Development Alliance. The next item on the agenda was Public Hearings. The first Public Hearing was a request for a zoning amendment of Section 503.3-3 to change the number of required parking spaces in the B-3 Central Business District for multi-family units. «-~.~~ Mr. Quesenberry advised that the proposed amendment reduces the required parking for multi-family units in the B-3 District from the current requirements of 2.5 spaces per dwelling unit and 2.0 spaces for an efficiency apartment to 1.0 space for a single bedroom unit and 1.5 spaces for amulti-bedroom unit. Given the space constraints in the Downtown, a lower parking space requirement would appear to offer several advantages and a degree of flexibility that the current requirement does not offer. Mayor Worrell opened the Public Hearing at 7:10. Charles Wade inquired what would happen with the businesses already complaining that they do not have enough parking spaces in the downtown business area? Additionally, he commented that the two hour parking limit in the downtown area is not being enforced. He suggested that the current business owners be consulted before passing this zoning amendment. There being no further comments from the public, the Hearing was closed at 7:12 p.m. Councilman Welker suggested that the owners be required to supply one bike rack for each apartment in addition to the parking spaces. He felt this would facilitate alternate transportation. Councilman Burchett countered that the Town should provide several bicycle parking racks around Town. The Mayor commented that he felt Councilman Burchett's suggestion would better serve the Town. Following discussion, Councilman Burchett moved to direct staff to prepare the proper paperwork to amend the zoning amendment of Section 503.3-3 to change the number of required parking spaces in the B-3 Central Business District to 1.0 space for a single bedroom unit and 1.5 spaces for amulti-bedroom unit. 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 The next Public Hearing was for a zoning amendment updating the Flood Overlay District regulations as required by the National Flood Insurance program. Mr. Quesenberry advised that the Planning Commission reviewed the new flood regulations and voted to recommend that the updated Flood District Regulations be adopted, including the newer definitions and an amendment to the zoning map of the newer flood zone. He added that this updating is essentially a housekeeping measure to keep the Town in compliance with the National Flood Insurance Program. Mayor Worrell opened the Public Hearing at 7:20 p.m. There being no comments, the Hearing was closed. Councilman Clark moved to adopt the new text of the Flood Overlay District, adopt the changes in definitions for Section 1100, and amend the Zoning Map to show the Flood Overlay District. This motion was seconded by Councilman Burchett and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II, -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye Mayor Worrell moved on to a Public Hearing for a Zoning Amendment regarding the keeping of swine and goats in the R-1 District. Mr. Hawley advised that a citizen brought this request to Council. The Planning Commission reviewed the request. He added that Mr. Quesenberry would provide the results of the meeting. 2 ~a-~~- o~ Mr. Quesenberry advised that the Planning Commission met and recommended that no language be added to the zoning regulations that would allow swine and goats to be kept or maintained in the R-1 Residential District. Mayor Worrell opened the Public Hearing at 7:22 p.m. There being no comments, the Hearing was closed. Councilman Burchett commented that hogs smell and destroy a patch of dirt and it would take a huge buffer zone to ever allow it and that would be on a good day. He could not support the request. Councilman Welker inquired about goats? Mayor Worrell commented that he felt that if you allow goats, then you would be asked why you don't allow hogs. He added that he couldn't support the request. There being no motion, the issue was dead. The next Public Hearing was a request from P. Sean O'Neal for a Special Exception under Section 411.3-4 to have a public assembly/recreational area for receptions, dances and other public gatherings at 85 West Main St. Mr. Hawley advised that the Planning Commission reviewed the request and asked Mr. Quesenberry to provide a summary. Mr. Quesenberry advised that the Planning Commission met and their recommendation was that the special exception be approved for a convention center/public assembly recreational area, but not to include a billiard parlor, pool hall, or electronic arcade. Mayor Worrell opened the Public Hearing at 7:28 p.m. There being no comments, the Hearing was closed. Councilman Welker commented that he saw no problem with allowing a pool table, electronic games and arcade Councilman Clark inquired whether Mr. O'Neal had an interest in allowing a pool table, electronic games and arcade. L Mr. O'Neal responded that a pool table had been discussed, and then dismissed because it would take up too much room. They had discussed putting in vending machines and soda pops. He added that some of the uses suggested were craft classes, boy scout activities and self defense classes. He added that with it being a for profit enterprise, the revenue would be sufficient to eventually fund things like self defense classes to the public for free. Mayor Worrell inquired whether Mr. O'Neal planned to operate the facility or lease it out for someone to operate as a public assembly and recreational area? Mr. O'Neal advised that he had been approached by someone who wants to manage the building for him in return for a percentage of the revenue. Presently, he was acting chiefly as landlord, whereby the promoter would contact him and reserve the building and then promote their own event. Following discussion, Councilman Welker moved to direct staff to prepare the appropriate documentation to approve the special exception with no conditions. The motion was seconded by Councilman Kidd and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II, -Aye H. M. Kidd -Aye Mayor Worrell moved on to the Public Comment Period. Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye 3 1 ~- a4.~ Bill Warden addressed Council suggesting that they put a note in the water bills or ask the newspaper to run an article requesting that the citizens voluntarily conserve water. He noted that Council would take action in the event of a severe water shortage. However, he thought perhaps the citizens could conserve water voluntarily. Mayor Worrell inquired about the water level at Gatewood. Mr. Hawley responded that last week it was down about 27 '/z feet, which was the lowest on record. He added that the Water Filtration Plant has gone to a twenty four hour operation, to more closely monitor the levels. He noted that he had been in contact with the County about the possible use of County water. Mayor Worrell commented that staff could put out a press release asking for voluntary water conservation. Councilman Burchett commented that Council recently discussed a conservation plan and emergency procedures. He asked if staff had completed the plan? Mr. Hawley advised that staff had been waiting on wording in a model Ordinance that the Department of Environmental Quality had advised they were sending. He stated that he would check to see where that Ordinance stood. Councilman Burchett commented that low water would affect the summer traffic at Gatewood. He inquired whether that would have any bearings on Town revenue? Mr. Hawley responded that the level of the water would affect the traffic and therefore, revenue from Gatewood. Councilman Burchett inquired whether it was realistic to have a sample Ordinance before the January 2009 meeting? Mr. Hawley felt that the draft Ordinance already drawn up by staff was a good Ordinance. He felt it could be included in the next Council packet. Next, Charles R. Bopp, member of Pulaski County Board of Supervisors, addressed Council speaking on behalf of the citizens of the Robinson district. He said several residents in his district had contacted him regarding the model airplane club using Loving Field to fly their airplanes. They complained about the noise and the fire hazards and other dangers associated with the planes possibly landing on their property. He added that they were aware that this had been reviewed by Council and the decision made to allow the club to continue using Loving Field, however, they asked Council to revisit the situation. Additionally, Mr. Bopp inquired if the planes were to cause a fire, would the Town be liable for allowing the use of Loving Field? Following discussion, Mayor Worrell advised that staff would revisit the issue Next, Councilman Burchett commented that the deadline was fast approaching for work on the Frontier Village. He noted that he saw no significant improvement to the property. He asked that Council add this parcel to the list for Council to review during their driving field trip. Mr. Hawley advised that he would contact Mr. Jones and see if he could attend one of the January, 2009 Council meetings Additionally, Councilman Burchett commented about the garage where the roof fell in on West Main Street. He advised that at least a year ago, the owners said they were in the process of re-roofing the building. He has seen no evidence of work on that building. He asked for an update on the site. Councilman Burchett commented that sometimes he felt like a grouch about the blight, however, he felt that "we are never going to get anywhere as a community until we really get a stranglehold on this blight and deal with it". He added that e've got to demand results. Councilman Burchett also commented that he'd seen some correspondence recently regarding organic agriculture meetings that were to be occurring soon. He advised that he would forward those emails to staff. 4 l ~-~ ~ .o Next, Mayor Worrell advised of the receipt of a letter from the Cougar Touchdown club requesting donations to show appreciation to the 2008 Cougar football team. He advised that any persott qr organization who wished to make a donation could contact the club. Mr. Hawley added that he had received a letter from the Pulaski County Touchdown club requesting that donations be made by December 31, 2008. Next, Councilman Welker advised that he strongly agreed with Mr. Burchett's list of blight issues. Additionally, he suggested that in appreciation for the hard work and hours that Town staff put into working on the Train Station fire, that an extra holiday for Town staff be awarded around the holidays. He suggested January 2, 2009, the Friday after New Years Day. Following discussion, Councilman Welker moved to award an extra holiday for the Town staff on January 2, 2009. The motion was seconded by Councilman Burchett and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II, -Aye H. M. Kidd -Aye Jcel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye Next, Councilman Kidd advised that recently he had gone on ride-alongs with the Pulaski Police Department. He strongly encouraged other Council members to go on a ride along with the Department. He stated that they would gain a good perspective of what goes on in the Town and how situations are handled by the Police Department. The next item for review was the Consent Agenda. Councilman Clevinger moved to adopt the Consent Agenda consisting of the minutes of the November 4, 2008 meeting. Councilman Clark seconded the motion and so carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II, -Aye H. M. Kidd -Aye Joel B. Burchett, Jr: -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye Mayor Worrell moved on to Project Updates. The first item was Museum artifacts status. Mr. White commented that it was really remarkable the number of artifacts that have been recovered from the Museum since the fire. He thanked the very heroic efforts of the fire fighters and public works employees, who entered the building dragging artifacts out of harm. He particularly recognized Terry Nicholson from the Town of Blacksburg, who came over the morning of the fire; Lori Tolliver-Jones from Smithfield Plantation; Terry Fisher from the Andrew Johnson Museum in Pearisburg; and Llyn Sharpe from Virginia Tech. Caitlin O'Grady from the Department of Historic Resources in Richmond was on site with her tool bag the day after the fire, but she began her hard work with us on the day of the fire by phone and email. Mr. White added that Betty Lou Ratcliffe Kirkner was on site during the fire, and has been a tremendous source of information, inspiration, and hard work. Doc Holliday jumped in to assist with surviving model train objects. Other staff members have worked tirelessly moving and setting up temporary triage space, following directions of Caitlin, drying cleaning photographing, and sorting objects. The cold weather has served as an important preservation tool by slowing the deterioration process. Mr. White advised that currently items are being temporarily stored in five places, and they are secure. Eventually, all of the artifacts will be consolidated to a storage site. He added that there were more than 80 fabric items dried, many of ~, L ~a-o~.o ~ which have begun to be hand dry cleaned to remove soot. There are more than 450 three-dimensional items (signs, tools, items of furniture, glassware, etc.) in storage. There are more than 300 photographs and paper items, now dry, saved from mold contamination. Everything pulled from the fire was wet and smoky, with a number of them being charred. He invited volunteers to attend a meeting for training by the experts and then disperse for further, hands-on work. Mr. White added that insurance may allow the hiring of at least apart-time Museum Disaster Recovery Coordinator. A draft job description had been drawn up and was soon to be advertised. Mayor Worrell commented that this was an overwhelming job and he urged the hiring of someone to coordinate the project as expeditiously as possible. The next item on the agenda was the Train Station update. Mr. Hawley advised that the insurance policy covers one hundred percent replacement of the Train Station. The station must be built back to the condition prior to the fire with code upgrades allowable. He advised that through the emergency purchase procedure, Spectrum Design was hired to provide a stabilization and demolition plan. He added that staff had contacted VDOT about the possibility of delaying the Museum annex building and the possibility of locating it adjacent to the renovated Train Station. The problem with having the annex adjacent to the Train Station is the Town does not own the land where it would need to be built. The land is owned. by Norfolk Southern. Having to acquire the additional land may be too much of a delay, plus the same paper work and approval of the right of way by VDOT would be needed. Mayor Worrell opined that it was impressive that the fire was three weeks ago and a contractor was already on site working on demolition and stabilization of the building. He commented that several months ago Council decided to fast track the Museum annex building and get started with it as soon as possible. He inquired whether Council wanted to continue with that work and start the rebuilding process of the Train Station? Discussion ensued regarding whether to proceed with the rebuilding of the Museum and the building of the Museum nnex as two separate projects. The consensus of Council was to proceed with the Annex and rebuild the Museum. Mayor Worrell moved on to Old Business. Mr. White advised that Council had passed a Resolution granting a UDAG loan up to $30,000 based on the investment of the landlord to upgrade the building to Mr. Posillico. The negotiations between Mr. Posillico and the landlord have fallen through. Mr. Posillico has opened negotiations with another potential landlord. Until that negotiation is finalized, no action can be taken by Council. Councilman Burchett moved to table the discussion of the modification of Joe's Pizzeria's UDAG. The motion was seconded by Councilman Welker and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II, -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye Councilman Burchett requested that any updates on this negotiation be forwarded to Council via email. Staff agreed to the request. The next item was Resolution 2008-35, Adding a 2"d Personal Day for Employees. ayor Worrell advised that this completed previous action of Council. ouncilman Clark moved to adopt Resolution 2008-35, Adding 2"d Personal Day, seconded by Councilman Clevinger ~d arried on the following recorded vote: 6 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 2008-23, Changing Billing Increments for Water and Sewer. Councilman Welker moved to adopt Ordinance 2008-23, Changing Billing Increments for Water and Sewer. The motion was seconded by Councilman Clark and carried on the following recorded vote: David L. Clark -Aye Jcel 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 New Business. The first item was Peppers Ferry Regional Water Treatment Authority (PFRWTA) appointments. Mayor Worrell advised that the terms for Mr. Pedigo and the Mayor expire at the end of this year. He needed a motion to reappoint them to the PFRWTA. Councilman Clark moved to appoint Mayor Worrell and William D. Pedigo to PFRWTA. The motion was seconded by Councilman Bopp 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 commercial property rehab incentives. Mr. Hawley advised that it had been suggested that some incentives be established for developers who have made substantial investments in rehabbing commercial property in Town. Currently, they=must have a business license, but they don't pay a fee for it and are not charged if they make less than $50,000 per year. He added that the Town currently has an Enterprise zone in Town, with Ets incentives. He suggested that Council could discuss extending the local incentives that are used in the Enterprise zone in Town. Other incentives could be waiving water and sewer £ees or portions of building permit fees. Mayor Worrell inquired-what was the down side to Enterprise Zope incentives for developers? Mr. White responded that the Town's assistance is somewhat limited. He felt that the waiving of the business license fees for the first $50,000 has been very significant in terms of getting small businesses to settle in Town. He commented that the downside would be loss of revert~e, however, he felt the positives out weighed the negatives. Mayor Worrell inquired whether the Town needed a comprehensive plan as far as incentives for businesses, ratherthan handling them on an individual basis? Mr. White advised that one of the issues raised at a recant discussion of the Pulaski Area Economic Adjustment Strategy was a comprehensive package of incentives with the Towns and the County to be offered to potential developers. He felt that would be a good goal to be implemented County wide. Mayor Worrell inquired how the fees the Town charges to install a water line, compare to the actual cost of installing the water line? 7 ~ ~~ a ~.o ~ Mr. Hawley responded that the Town does not make much on connection fees. The Town makes a profit on availability fees. He added that in the past, he has administratively waived availability fees based on the type of project. Mr. Hawley reminded Council that the extra real estate taxes generated cannot go to the water system or sewer system. If the connection fees are waived, the revenue has to made up somewhere. He suggested that this could be discussed further at the Strategic Planning Session. Councilman Worrell requested that staff compile some information to report what it would entail if they did expand the Enterprise Zone incentives Town wide. Additionally, how much was collected in the last several years on connection fees. Mr. Hawley advised that staff would compile the information for review. Mayor Worrell moved on to Ordinance 2008-22, Prohibiting Bodily Functions In Public. Mr. Hawley commented that if you do not have a rule or law prohibiting an action, it is not against the law. He advised that this Ordinance needed to be implemented. Staff would have to schedule a Public Hearing for January 6, 2009. Discussion ensued regarding whether the infraction should be a Class 3 penalty or a Class 4 penalty, with the consensus being a Class 4 penalty. The consensus of Council was for staff to schedule a Public Hearing for January 6, 2009 making this a Class 4 penalty. Mayor Worrell moved on to Nanochemonics Discharge permit. Mr. Hawley advised that the notification included in the packet was required by DEQ. The Town could comment if there is an issue. At 9:05 p.m., there being no further business, the meeting adjourned on motion by Councilman Clark, seconded by Councilman Clevinger and carried on voice vote.