HomeMy WebLinkAbout01-20-09Minutes of the Town Council Work Session held January 20, 2009 at 5:00 p.m. in the Council Chambers of the
Municipal Building.
There were present: Jeffrey S. Worrell, Mayor
Council: David L. Clark, Larry G. Clevinger, II, H.M. Kidd, Robert A. Bopp, Morgan Welker, and
Joel B. Burchett, Jr., (arrived at 5:04 p.m.)
Staff: John J. Hawley, Town Manager
Patricia Cruise, Clerk of Council
David Warburton, Town Attorney
David Quesenberry, Asst. to the Town Manager
John White, Economic Development Director
Dave Hart, Parks and Facilities Director
Bill Webb, Fire Chief
Barbara Tate, Community Relations Director
Bill Pedigo, Town Engineer
Sherry Boyd, Finance Director
Gary W. Roche, Police Chief
Others: Chris Cullinan Tyler St. Clair Janie Hurd Akers
Amy Lewis Melinda Williams, Press
Mayor Worrell called the meeting to order at 5:00 p.m.
Following roll call, Councilman Clark moved to adopt the minutes of the November 18, 2008 Council
Work Session as written, seconded by Councilman Bopp and carried on voice vote.
The next item on the agenda was the Planning Commission Annual Report for 2008.
Mr. Quesenberry summarized the report, advising that the Commission heard 14 cases in 2008, with the
majority being zoning amendments, changes to the Ordinance and special exceptions.
Councilman Burchett moved to accept the Planning Commission Annual Report for 2008, seconded by
Councilman Welker and carried on the following recorded vote:
David L. Clark -Aye
Larry G. Clevinger -Aye
H. M. Kidd -Aye
Joel B. Burchett -Aye
Robert Bopp -Aye
Morgan P. Welker -Aye
Mayor Worrell moved on to scooter regulations.
Mr. Hawley advised that Council discussed scooter regulations several times in the last year with no
action taken. Councilman Clark had received several inquiries on what the Town intended to do about
scooters. Staff gathered information from Blacksburg, and included a section of their code in the
Council packet, which requires approved helmets and either face shield, goggles, safety glasses or
windshields for moped operators and passengers.
Mayor Worrell commented that he had hoped the state legislature would address this issue so that the
Town did not have to deal with it. He noted that the state currently requires operators of scooters to be
sixteen years of age, carry identification and travel less than 35 miles per hour. In his opinion it would
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be sufficient if the Town used the same criteria and the requirement of a Department of Transportation
helmet.
Councilman Welker commented that he did not think it was a good idea for each locality to have its own
adaptation to the motor vehicle code. He perceived a potential problem for someone traveling between
several towns and the rules being different in each area. He felt it was best to try to keep the motor
vehicle code as consistent as possible.
Councilman Burchett inquired where the state was on this item?
Mr. Hawley advised that he was not aware of any action on the state level. He added however, that staff
could research the proposed legislation if Council wished.
Following discussion, staff was directed to research the proposed legislation and return to Council
The next item on the agenda was screening/inoperable vehicle Ordinances.
Mr. Hawley advised that Councilman Welker had requested that Council look at the current inoperable
vehicle ordinance and also a portion of the state code that allows a locality to impose a license tax on
owners of vehicles with no current license plates and that are not exempted under another section of the
State or Town Code and the amended zoning ordinance for screening.
Mayor Worrell inquired into the degree of the problem in the Town?
Chief Roche commented that currently there were approximately 1,000 cars on the inoperable vehicles
list with multiple cars and various problems. He explained that currently, an owner can have one
inoperable vehicle as long as it is covered with at least a tarp. He continued that the covering
disintegrates in about 6 months and the process starts again. "It's a fifteen day process. You go back
and check it and if they haven't complied, then a summons is issued and you have to go to court".
He explained other problems related to inoperable vehicles.
Discussion ensued regarding the amount of the license fee that could be imposed, with Councilman
Welker and Burchett expressing views for a substantial amount.
Mr. Warburton suggested to Council that if they did amend the Ordinance, to make it site specific, rather
than person specific.
Following extensive discussion, Councilman Welker moved that staff be directed to prepare a draft
Ordinance requiring a $100 fee for inoperable vehicles not fully enclosed in a structure in the residential
or business district and to advertise for a Public hearing on the matter.
Following discussion, Councilman Welker withdrew his motion.
Councilman Welker then moved that staff be directed to prepare a draft Ordinance regarding inoperable
vehicles, removing the quantity and screening requirement for inoperable vehicles, and imposing a fee
of up to $100 per year in residential, agricultural and business areas. Additionally, that staff advertise
for a Public Hearing on the matter.
Following discussion, Councilman Welker withdrew his motion.
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Resolution 2009-01
Resolution Authorizing the Application for State Aid to Public Transportation
In The Amount Of $101,958
BE IT RESOLVED by the Town of Pulaski that the Town Manager is authorized,
for and on behalf of the Town of Pulaski, hereafter referred to as the PUBLIC BODY, to
execute and file an application to the Department of Rail and Public Transportation,
Commonwealth of Virginia, hereafter referred to as the, DEPARTMENT, for a grant of
financial assistance in the amount of $ 328,309 to defray the costs borne by PUBLIC
BODY for public transportation purposes and to accept from the DEPARTMENT grants
in such amounts as may be awazded, and to authorize Town Manager to furnish to the
DEPARTMENT such documents and other information as may be required for
processing the grant request.
The Town of Pulaski certifies that the funds shall be used in accordance with the
requirement of section 58.1-638.A.4 of the Code of Virginia, that the PUBLIC BODY
will provide funds in the amount of $ 101,958, which will be used to match the state
funds in the ratio as required in such Act, that the records of receipts of expenditures of
funds granted the PUBLIC BODY may be subject to audit by the DEPARMENT and by
the State Auditor of Public Accounts, and that funds granted to the PUBLIC BODY for
defraying the expenses of the PUBLIC BODY shall be used only for such purposes as
authorized in the Code of Virginia. The undersigned duly qualified and acting Clerk of
Council of the PUBLIC BODY certifies that the foregoing is a true and correct copy of a
Resolution, adopted at a legally convened meeting of the Town of Pulaski held on the
20~' day of January. 2009.
If applicant has an official seal
(Official Seal goes here)
11,E ~ ~ U,' _~.J
(Signature of Recording Officer)
- (L t• ~~
(Title of Reco ing Officer)
('~C~ -G~
(Date)
65028 Federal Register /Vol. 73, No. 212 /Friday, October 31, 2008 /Notices
APPENDIX A
FEDERAL FISCAL YEAR 2009 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE
(Required of all Applicants for Fl'A assistance and all FTA Grantees with art active capital or formula project)
AI'FIRMATTON OF APPLICANT
Name of Applicant: Pulaski Area Transit
Name and Relationship of Authorized Representative: Gary Heinline, Transit Manager 1
BY SIGNIIVG BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make
these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with
all Federal statutes and regulations, and follow applicable Federal directives, and comply with the certifications and
assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit
Administration (FTA) in Federal Fiscal Year 2009.
FTA intends that t}le certifications and asswances the Applicant selects on the other side of this document, as
representative of the certifications and asswances in this document, should apply, as provided, to each project for
which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2009.
The Applicant affums the truthfulness and acewacy of the certifications and asswances it has made in the
statements submitted herein with this document and any other submission made to FTA, and acknowledges that the
Program Fraud Civil Remedies Act of 1986, 3l U.S.C. 3801 et seq., and implementing U.S. DOT regulations,
"Program Fraud Civil Remedies ° 49 CFR part 31 apply to any certification, asstuance or submission made to FTA.
The criminal provisions of 18 U.S.C. 1001 apply to any certification, assttrance, or submission made in connection
with a Federal public transportation program authorized in 49 U.S.C. chapter 53 or any other statute
In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and
_ any other statemen s made bye behalf the A p ' ant are true and correct.
( ~-y -ay
c.,„~~„~A 1 Gw~/ _ - Date:
Authorized Representative of Applicant
AFFIRMATION OF APPLICANT'S ATTORNEY
For (Name of Applicant): Pulaski Area Transit/NRV Senior Services, Inc.
As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority
under State. local, or tribal government law, as applicable, to make and comply with the certifications and
assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances
have been legally made and constitute legal and binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or
imminent that might adversely affect a validity of these certifications and assttt'ances, or of the performance of the
project. G~
eiunar„~P Date: O~" 2~ - Z.L>0
Attorney for Applicant
Each Applicant fa FCA fittanciat assistattce and each FTA Grantee with ao active capital a formula project must provide an Affirmation of
Applicmt's Attorney petiamurg ro the Applicant's legal capaciry.'nte Applicant may eater its signatwe in -iw of We Attorney's signature,
provided the Applicant haz on file this Affimtatian, sigtted by the attorney and dated this Foderal fiscal year.
Resolution 2009-02
Resolution Authorizing the Application for State Aid to Public Transportation
In The Amount of $3,271
BE IT RESOLVED by the Town of Pulaski that the Town Manager is authorized,
for and on behalf of the Town of Pulaski, hereafter referred to as the PUBLIC BODY, to
execute and file an application to the Department of Rail and Public Transportation,
Commonwealth of Virginia, hereafter referred to as the, DEPARTMENT, for a grant of
financial assistance in the amount of $ 62,145 to defray the costs borne by PUBLIC
BODY for public transportation purposes and to accept from the DEPARTMENT grants
in such amounts as may be awarded, and to authorize Town Manager to furnish to the
DEPARTMENT such documents and other information as may be required for
processing the grant request.
The Town of Pulaski certifies that the funds shall be used in accordance with the
requirement of section 58.1-638.A.4 of the Code of Virginia, that the PUBLIC BODY
will provide funds in the amount of $ 3,271, which will be used to match the state funds
in the ratio as required in such Act, that the records of receipts of expenditures of funds
granted the PUBLIC BODY may be subject to audit by the DEPARMENT and by the
State Auditor of Public Accounts, and that funds granted to the PUBLIC BODY for
defraying the expenses of the PUBLIC BODY shall be used only for such purposes as
authorized in the Code of Virginia. The undersigned duly qualified and acting Clerk of
Council of the PUBLIC BODY certifies that the foregoing is a true and correct copy of a
Resolution, adopted at a legally convened meeting of the Town of Pulaski held on the
20`h day of January. 2009.
If applicant has an official seal
(Official Seal goes here)
;--~ _ .
(Signature of Recording Officer)
2t
(Title of Rec •ding Officer)
(Date)
01,'23/2009 09:46 5489807871 NRVSENIORSERVICE
PAGE 02/0
65028 IFPdcral Register /Vol. 73, No. 2A2 /.Friday, Octobor 37., 2008 /Notices
APPENDIX A
FJt$AFRAL FISCAL. YEARaAM F'fA ClgRTIi•'ICAT ONS AND A RS ANCF•1 ctrtvsT tR$ PAGE
(Required ojal! Appiicante~ jF~r FTA nssi.tatrtre and all /'TA Grantees whit an. acfeve capital or forntrda project)
At+I~fItMATION Or AP'P'LICANT
Name of Applicant: %~ t.~ (143 t'S I h' ~ % ~ ,4r,lS s ~
Name and Relatiot-ship of Authorized Representative: ~~_,~ ~~iL~ % R~rds a ~ M~So!•
BY SIGNING BELOW, on behalf of the Applicant; l declare that the Applicant has duly authorized me to make
these certifieation~ and assurances atxl bind Lila Applicant's compliance. Thus, the Applicant agrees to comply with
all Federal statutes and regulations. and follow applicable Federal ditectiva~, at-A comply with the ctsrtiticatlons and
aSSUrances ns indicated on the foregoing page applicable to eacfi application it makes to the T-etleral Transit
Administration (PTA) in Federal Rtcal Xear 2009.
FTA intends that rho certifications and assurances the Applicant selects on the other aide of this document, ns
representative of the cenifications and assurances in this document, should apply, as provided, to ench project. for
which the Applicant seeks now, or may Ister, soak PTA assistance daring Fedetnl Fiscal Peet 20(19.
The Applicant affirms the truthfulness and accuracy of the certifications and assnrantxs it itas made in the
statcmc»te -tubmitted herein with this document and any other submission made to FTA, and acknowledge) that the
Ptogrnm Proud Ctvil Ltemedios Act of 1986, 31 U.S.C. 3801 er seg., and implementing U.S. DOT regulations,
"Program Praad Civil Remedies;' 49 CRIt part 31 tpply to any cctti6cation, a99ut'ance or submission made to FfA.
The criminal provisions of I8 U.S.C. 1001 apply to nay certification, assurance, or submission made in connection
with a Ftxteral public transportation program authorized in 49 U.S.C. chnprer 53 or any other statute
In signing this document, I declarer allies of p rjtuy that the foregoing calif cations and a96uranccs, and
any other statements tq--(!e by ttre f of the A icsnt are true and correct.
Nattx,~/~V,~~I K Li ~t v
Authorized IteptraeMative of Applicant
AFFIRMATION OF APPLICANTS A7TORN1rX
F'or(NnmeofAppliicant):_ ~~ ~AS~/~'( /~}/C~~4 ~j /~ANS.~
As the untkroiyned Attorney for the above named Applicant, i hereby affirm to the Applicant. that it has authority
under Stan, local, or tribal government law, as applicable. to make and Comply with the certifications And
asautancas as indicnted nn the foregoing pages. I ftuther affirm that, in roy opinion. tht: certifications and assurances
have been legally made and constitute local and binding obligations on the Applicant.
I further affirm to rite Applicant that, ro .he bast of my kr.-owiedgt, there is no legislation or litigation pending or
imminent that might adversely affect t e validity of these cenificalions and asevrnoct~c, or of Lila performance of the
Project. c~2~~~
Sigrtaturo Date: ~ ~ '~ ~ ~ ~~
Ntme ~ • ~ • (/sr a tV ~~
Attorney for Applicant
F,nch Applicmtt fix PI'A finnnetnl maietanco and ae6 PTA C•rantoe with an active capital qr formula nrr+jeet meat priwide ^. Aa"mm^ti0a r+f
AppNcant'a Adomry pertninirtg to ntc Applir~nt's leg^I capacity. 'IUc Apptiarx may rnta is eigiatnte to liar d the nnortay'^ elgn^ture.
provided dre Applk.~t+t hat tM file this At6rmatlt+n, elaned by the attnrncy loft) da-ed [hie Fedaai fiscal year.
Following more discussion, staff was directed to draw up a draft Ordinance for Council review
regarding screening, making it site specific, not person specific; removing the quantity and screening
requirements for inoperable vehicles; and imposing up to a $100 fee in all areas except industrial.
Additionally, staff was directed to provide Council with the number of documented inoperable vehicles
in Town.
Mayor Worrell moved on to Finance.
The first item was revenue sharing with the County.
Mayor Worrell advised that a draft agreement with the County had been drawn up as Council requested.
He asked Mr. Hawley for an update.
Mr. Hawley advised that the draft agreement for the County sharing 30% of the collected real estate tax
for the Hogan's property was faxed to the County for review. He added that he requested the 30% share.
for 2008 be sent to the Town.
Mayor Worrell interjected that he had been unable to contact the Chairman of the Board of Supervisors
to schedule a joint meeting between the Town, the County and the Town of Dublin. When Mr. Sheffey ;
returned to Town, the Mayor would speak with him.
The next item on the agenda was Pulaski Area Transit (P.A.T.) Resolutions.
Mr. Hawley advised that there were two Resolutions for 2009/10 grants for P.A.T. One Resolution was
for the Saturday and extended service hours. The standard Resolution indicates the local share that has
been covered by the Town, County, New River Community College and donations. Because of
budgetary concerns, some of the participants may not be able to fund their share. If this occurs, the
Town could opt out of the program or PAT may have to reduce operations in 2010.
Councilman Clark moved to adopt Resolution 2009-01, Authorizing The Application For State Aid To
Public Transportation In The Amount Of $101,958. The motion was seconded by Councilman Welker
and carried on the following recorded vote:
David L. Clark -Aye
Larry G. Clevinger -Aye
H. M. Kidd -Aye
Joel B. Burchett -Aye
Robert Bopp -Aye
Morgan P. Welker -Aye
Next, Councilman Clark moved to adopt Resolution 2009-02, Authorizing The Application For State
Aid To Public Transportation In The Amount Of $3,271. The motion was seconded by Councilman
Kidd and carried on the following recorded vote:
David L. Clark -Aye
Larry G. Clevinger -Aye
H. M. Kidd -Aye
Joel B. Burchett -Aye
Robert Bopp -Aye
Morgan P. Welker -Aye
Mayor Worrell moved on to Public Operations.
The first item was sewer repair reimbursement request.
Mr. Hawley advised of two incidents that occurred during the holidays where two citizens had a
plumbing problem and did not know how to contact the after hours employee. They each called a
plumber who cleaned a privately owned line that was not blocked on the customers side for one and
replaced a cleanout that was on the Town right-of--way, but had been broken and prevented flow for the
other. He explained the circumstances with each incident. He added that the normal procedure was for
the plumber to contact Public Works before working on a private line. The plumber did not do so in
these instances and the citizens were charged even though the problems were on the Town property.
Each citizen had requested that Council review the circumstances and refund their expenses.
Mr. Hawley added that staff planned to print a message on each water bill advising of the after hours
number to call for water problems. Additionally, the Public Works answering machine would be
programmed to provide the after hours number and when the new phone books are printed, the after
hours number would be included.
Following extensive discussion, Council declined to refund the expenses.
The next item on the agenda was vending services.
Mr. Hawley advised that the current vending machine vendor for the Town had sold his business. The
new owner would not provide service for the Town. The old machine could be purchased by the Town
at a cost of $750 and then service the machine in house or another vendor would purchase the machine
from the Town and service it for us.
Following discussion, Councilman Kidd moved to authorize the Town Manager to purchase the vending
machine at a cost up to $750. The motion was seconded by Councilman Bopp and carried on the
following recorded vote:
David L. Clark -Aye
Larry G. Clevinger -Aye
H. M. Kidd -Aye
Joel B. Burchett -Aye
Robert Bopp -Aye
Morgan P. Welker -Aye
Mayor Worrell moved on to RFP/SQ for architect/engineer for Train Station.
Mr. Hawley advised that the Town had advertised an RFP/SQ for Architect/Engineering services for the
rebuild of the Train Station. He added that the response had been good. Additionally, he advised that
staff met with the insurance carrier who would work with the Town on developing the specific contract
and scope of work to be included in the contract with the architect/engineer.
Mayor Worrell added that Council would need to make a decision in the near future as to how the Train
Station would be used when it is rebuilt. He asked Council to consider this and be prepared for
discussion at a future meeting.
Councilman Burchett requested a footprint drawing of the Train Station.
Staff advised that they would make one for all members of Town Council.
The next item on the agenda was Council discussion.
Councilman Welker commended the Public Works snow removal employees for a job well done
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Councilman Clark agreed. He advised that he travels often and he leaves Town on good roads and
doesn't see good roads again until he gets back to Town or the sun melts it in other areas.
At 6:15 p.m., there being no further business, the meeting adjourned on motion by Councilman Burchett,
seconded by Councilman Kidd and carried on voice vote.
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