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HomeMy WebLinkAbout02-03-2009Minutes of the Town Council meeting held February 3, 2009 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 Sherry Boyd, Finance Director Elizabeth Chitwood, Economic Development Anthony Meredith, Captain Police Department Dave Hart, Parks and Facilities Director Others: Charles R. Bopp Sheila D. Nelson Elton Shelton Larry Vest Jimmy Worrell Randy Elliott Brian Geist Amy Lewis Alex Welker John Boling Doug Slate Clinton C. Ison, II Steve Albert Freddie Sonner Andrew C. Cocke Janie Hurd Akers James Holliday Betty T. Quesenberry Shawn Utt Ronald L. Boothe Kevin Lindamood Melinda Williams, Press Mayor Worrell called the meeting order at 7:00 p.m. Councilman Clevinger led the Pledge of Allegiance. Councilman Burchett asked for a moment of silence for past Councilman John T. Bolen, who had passed away and recalled his influence on him. Councilman Burchett gave the Invocation. Mayor Worrell offered the Town of Pulaski's condolences to the family of Mr. Bolen. Following roll call, Councilman Clark moved to add Item F under Old Business regarding the modification of the DHCD Planning Grant contract. Councilman Clevinger seconded the motion and carried on voice vote. Mayor Worrell advised that the Employee of the Month was not present due to the weather. Mr. Hawley advised that they would delay that presentation until the February 17, 2009 Council Work Session. Mayor Worrell moved on to the Public Comment period. Board of Supervisors member Charles R. Bopp addressed Council with concerns from some citizens in his district regarding model airplanes. He advised that he had received several complaints about the model airplane club flying their planes at Loving Field. The complaints were related to noise and fire hazard to homes. Mayor Worrell advised that this item was on the agenda, so Council would be discussing this issue later in the meetings` February 3, 2009/ Page 1 of 7 The next speaker was Freddie Sonner regarding the proposed ordinance regarding inoperable vehicles. He was against the proposed changes. He advised that car parts were expensive and he preferred to keep an old car on hand for parts usage a needed. He asked that Council not implement the changes. Mayor Worrell advised that this item was on the agenda and would be discussed later in the meeting. Mayor Worrell moved on to the Consent Agenda. Councilman Kidd moved to adopt the minutes of January 6 and January 10, 2009. The motion was seconded by Councilman Clevinger and carried on voice vote. Mayor Worrell moved on to Project Updates. Mr. Hawley advised that Ty Kirkner wished to address Council. Mr. Kirkner addressed Council on behalf of the Raymond F. Ratcliffe Museum Committee. He thanked Council, Town staff, emergency personnel and all the volunteers for their time in the salvage and restoration efforts undertaken on the train station and the museum. He encouraged Council to save the train station building and the Raymond F. Ratcliffe Museum. He added that work was continuing on building the new Raymond F. Ratcliffe Transportation Museum. Mayor Worrell commented that Council was excited and enthusiastic about moving forward with this project and hoped to expedite it as much as possible. Next, Mr. Hawley clarified that there were two separate projects that Mr. Kirkner had discussed. One was the restoration of the Train Station and the other was building the new free standing annex next to the shopping center. Staff was in the process of submitting the forms to the department of Historic Resources to begin the historical review for the Annex. Additionally, staff was going to begin the survey for the annex project. Storm drains, sanitary sewer and water lines will need to be relocated. Regarding the restoration of the Train Station, proposals have been reviewed and several proposers will be interviewed. He asked that a Council member be appointed to serve on the Selection Committee. He hoped to be able to make a recommendation to award the contract at the February 17, 2009 Council Work Session. The insurance company was working with the Town and would assist in the contract and the project. Every attempt was being made to retain the character of the building, while upgrading as required. Following discussion, Councilman Burchett moved to appoint Councilman Clevinger to serve on the architects Selection Committee for the restoration of the museum. Councilman Clark seconded the motion and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II -Abstain H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Abstain Morgan P. Welker -Aye Mayor Worrell stated that he understood the insurance company had given permission to hire a curator to care for the artifacts that were recovered. Mr. Hawley confirmed this information, adding of the receipt of confirmation that the insurance company will fund a temporary position to oversee cleaning of the artifacts, working with Mrs. Kirkner to inventory what was lost, work with the insurance company for the necessary appraisals. Mayor Worrell moved on to Peppers Ferry Road water line. Mr. Hawley advised that construction on the water line had started, with 280 feet laid to date. He provided an update on the project. Additionally, he advised that the crew had hit rock, which would slow down the excavation. February 3, 2009/ Page 2 of 7 Mayor Worrell moved on to DHCD Housing Planning grant. Mr. Hawley reminded Council that at the last meeting, Council directed the Town Manager to sign the DHCD Housing Planning grant contract. When the contract arrived, however, it required the Mayor's signature, not the Town Manager. He advised that the Mayor would be signing the DHCD contract for Planning Grant #09-PG-O1. Additionally, he reported on the community meeting held at the VFW Hall regarding the grant. Fourteen citizens attended and the majority indicated an interest in receiving the loan grant to work on their homes. He added that staff and members of the Housing Authority would be conducting a door to door survey in the area that week. He advised that several Public Hearings would be scheduled regarding the project in the near future. Mayor Worrell moved on to Old Business. The first item was Loving Field model airplanes. He advised that the model airplane club uses Town property at Loving Field to fly their airplanes. Earlier in the meeting, Mr. Bopp had passed on citizen complaints to Council. Mr. Hawley advised that this topic had been discussed by Council on several occasions. Council observed the area during their bus tour of the Town. Mr. Hawley advised that some of the club members were present to answer any questions that they could. Clint Ison, President of the New River Valley Aces addressed Council, advising that he had the club charter and proof of liability insurance on the planes. He compared the noise level of the planes to a lawnmower. Mayor Worrell asked if they flew at particular times or just when the weather is nice Mr. Ison advised that they fly when the weather agrees with them. They have a set time of Wednesday evenings and Sundays, but they actually fly when ever the weather permits. He brought an example of the gas engine plane that they fly. He advised that he checked on the County noise ordinance. It is in effect from 10 pm to 7 am and officers have observed the flyers. When he inquired at the County offices why an officer had observed them, he was told that there had been a complaint. However, they were not in violation of the noise ordinance. Mayor Worrell inquired into damage caused by the planes. Mr. Ison advised that the planes do wreck and as far as he knew, there had been no property damage. However, if there was damage, the insurance would cover it. Councilman Bopp commented that he has spent several hours out in the field, and the noise is not comparable to a lawn mower. It's a lot louder. He added that the example of the gas engine plane that Mr. Ison brought to show Council was no where near the size of the planes that fly at Loving Field. He added that he had seen the planes flying beyond the landing strip, where Mr. Ison had stated they flew. Mr. Ison commented that not all airplanes are the same and that he brought a typical plane as an example. Councilman Bopp rebutted that the plane brought it by Mr. Ison was not the typical size of the airplanes flown at Loving. They were larger than his example. Following extensive discussion, Councilman Burchett moved to direct staff to meet with the principals in this problem to develop mutual criteria and bring it back to Council. 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 Posillico UDAG revision. February 3, 2009/ Page 3 of 7 Mr. Hawley advised that Mr. Posillico and the owner of the building were still negotiating the terms of the contract. There was no new information on this topic. The next item on the agenda was scooter regulations. Mayor Worrell commented that Council had decided last month not to take any action in hopes that the legislature would act on it. Staff has determined that there is no pending legislation regarding this issue. Council had been provided with copies of neighboring jurisdictions Ordinances. They all require helmets and some type of eye protection. Councilman Kidd added that they all do not allow headphones while riding. Mr. Worrell commented that if Council decides to draft an Ordinance, he wished to copy it to the County and to the Town of Dublin in hopes that all could have the same legislation. Councilman Kidd commented that he thought staff should draft an Ordinance for review by Council, the County and the Town of Dublin. Councilman Welker commented that he would support a ban on wearing earphones while riding, but he was against any other controls. Following discussion, Councilman Clark moved to direct staff to prepare a draft Ordinance regarding scooters to be considered by Council, the County and the Town of Dublin. The motion was seconded by Councilman Kidd. Councilman Welker commented that he was not convinced that there was a large enough problem to warrant implementing the Ordinance. He advised that there were only two moped accidents last year. The motion for staff to prepare a draft Ordinance regarding scooters to be considered by Council, and to be sent to the County and the Town of Dublin for their consideration, then passed 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 - No Mayor Worrell moved on to inoperable vehicles. Mr. Hawley advised that one citizen had arrived at the meeting late and wished to address Council. In the meantime, he advised that the current version of the Town Code regarding inoperable vehicles had been provided to Council as well as copies of other jurisdictions Codes. From the public, Kevin Lindamood, owner of the Volkswagon van place located in the old Flower Shoppe and the used car lot, addressed Council advising that he did not think it was necessary for Council to legislate their cooperation. He advised that he had spoken with Councilman Welker about some of the issues regarding this issue. He reviewed the contributions he has made to the local economy. He offered to meet and discuss how they can better satisfy everyone's expectations. Mayor Worrell thanked Mr. Lindamood and assured him that Council was not targeting his business with this proposed legislation. Council wanted to encourage every small businessman. He added that inoperable vehicles have been a problem in the Town for a long time. Mr. Lindamood commented that he understands inoperable vehicles are a problem for any municipality. He thought perhaps some negotiation of time tables for the Town's expectation of his property and some more specific ideas about beautification and organization of the lot was in order. He suggested that if the Town did pass the Ordinance, that some February 3, 2009/ Page 4 of 7 language could be included about his business, or he could explore some options regarding applying for the specific zoning necessary to allow his business. Councilman Welker advised that he had spoken with Mr. Lindamood and discussed some of his concerns and what could be done to help. He had suggested that Mr. Lindamood acquire a DMV dealers license, make improvements to the property, provide a time table for plans and move the vehicles back some from the street and install some landscaping. He felt this would help Mr. Lindamood's business and improve the entrance into the Town. Next, Brian Geist addressed Council commenting that he thought Mr. Lindamood's business was a good one and felt that the lot looked better than it had before. Mayor Worrell commented that he did not feel any additional legislation was necessary. He felt it was an enforcement issue with the court system. Councilman Burchett commented that at one time he was in favor of a fee for inoperable vehicles, but had changed his mind. He would have a difficult time applying a fee to someone who has a "project" car. Mr. Warburton interjected that Council could write the Ordinance in such a way that it applied in some zoning districts and not others if they chose. But within the district, no exceptions could be made. Councilman Welker advised that he thought it would benefit the Town to modify the existing ordinance to clarify business versus commercial and to clarify that the exemption is for one vehicle per parcel and not per person. Councilman Welker moved to direct staff to make changes to the existing Ordinance to add the business district and exempt one vehicle per parcel and not per person and advertise a Public Hearing. Mr. Warburton suggested that if Council were going to change the Ordinance, that the wording in line three of section b "screened" be changed as well. Councilman Welker withdrew his motion. Councilman Welker moved to direct staff to prepare an Ordinance and advertise for a Public Hearing, changes to the Inoperable Vehicle code, such that a better definition of screening is applied, the business district is added to the list of districts and also that the ability to keep one vehicle per parcel and not per person. The motion was seconded by Councilman Clark 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 contract for boundary adjustment consultant. Mr. Hawley advised that a proposed contract with Tischlerbise to provide consulting services to the Town was included in the packet. The Town Attorney has suggested some language changes and if agreed to by Tischlerbise, the document could be signed by the Town Manager. Mr. Warburton advised that he had recommended that language be added that Tischlerbise had not represented the Town of Dublin or the County of Pulaski in the last twelve months preceding signing the contract and would not do so for twelve months of the expiration of the contract. Councilman Clark moved to authorize the Town Manager to execute the contract with Tischlerbise to provide consulting services to the Town with the additional language supplied by the Town Attorney. The motion was seconded by Councilman Bopp and carried on the following recorded vote: February 3, 2009/ Page 5 of 7 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 DHCD Planning Grant contract. Councilman Welker moved to authorize the Mayor to execute the contract with DHCD for contract #09-PG-01. The motion was 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 The next item on the agenda was New Business. Mr. Hawley advised that the first item was possible changes to weed/grass Ordinance. He advised that the Engineering department had suggested some changes to the weed/grass Ordinance. Part of the reason for the suggestion would be less cost involved with sending letter. He noted that this may not allow the Town to place liens since individual notices are not given. Mayor Worrell commented that he encouraged Town staff to streamline any process. However, he expressed concern for the possibility of the Town losing the ability to place a lien on the property if the Town has to mow it. Councilman Welker suggested advertising in the newspaper that on a certain day and month, the Town would be checking the status of the properties in Town. He felt that armed with that knowledge, the citizens might mow and clean their yards without making a Code change. He added that while staff was checking the status of yards, they could be noting other code violations as well. The consensus was for staff to try this suggestion. Councilman Burchett commented that discussion had been held regarding cross training in the departments. He suggested this topic could be discussed during the Council retreat. Mayor Worrell moved on to potential revenue losses for 09/10. Mr. Hawley advised that a summary of potential areas of revenue for the 09/10 budget that may need to be reduced. He pointed out several positive items as well as areas of concern and advised that as the state budget progresses, he would provide more information to Council. Ms. Boyd provided more information on areas of concern in the budget and commented that Council would be advised as changes occurred. The next item on the agenda was donation of South Washington lot with wall. Mr. Hawley advised that during the Council bus tour of the Town, it was suggested that the lot and wall on a South Washington lot be cleaned and a mural painted on the wall. The high school art teacher was contacted and agreed to the project. The owner of the lot is willing to donate the lot to the Town. Some work would be required on the lot by the Town. Councilman Burchett inquired whether there were tanks under the property? Mr. Hawley advised that he would have staff check the property. February 3, 2009/ Page 6 of 7 The consensus of Council was for staff to proceed with acquiring the lot and arranging for the mural on the wall if no environmental issues are found. There being no further business, Mayor Worrell noted the next Council Work Session would be held in the Conference Room, rather than the Chambers. The meeting adjourned on motion by Councilman Clevinger, seconded by Councilman Burchett and carried on voice vote. February 3, 2009/ Page 7 of 7