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HomeMy WebLinkAbout04-07-09Minutes of the Town Council meeting held April 7, 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 Gary Roche, Police Chief Sherry Boyd, Finance Director John White, Economic Development Director Dave Hart, Parks and Facilities Director Others: David Stowers John Whitman Charles R. Bopp Robert Whitman Wayne Akers Edgar Akers Patsy Akers Amy Lewis Donald Martin Katherine Martin Ann King Doug Slate Joseph Goodman Greg East Shawn Utt James Holliday Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Welker led the Pledge of Allegiance and Councilman Bopp gave the Invocation. Following roll call, Councilman Clark moved to add item 13c, consideration of decals and under item 14a, a Closed Session under Virginia Code 2.2-3711 (A-3) Acquisition of Real Property to the agenda. The motion was seconded by 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 Next, Mayor Worrell introduced Angie Trail of the Finance Department as Employee of the Month for Apri12009. He read a press release aloud and presented her with a plaque. He noted that Mrs. Trail would receive an extra paid day off and be eligible for the Employee of the Year award at the end of the year. Mayor Worrell moved on to Public Hearings. The first item was Justice Assistance Grant Use of Funds for Video Cameras. Mr. Hawley advised that this was a grant application for equipment, funded by the American Recovery and Reinvestment Act, through a stimulus program. One of the requirements was a public hearing. Chief Roche added that the Town was one of the localities identified to receive funding direct from the Bureau of Justice Assistance and had been awarded enough money to purchase six in-car cameras. Mayor Worrell inquired whether there were any camera units already in the police fleet? Chief Roche responded in the affirmative and added that with this addition, only one or two vehicles would be without the cameras. April 7, 2009/ Page 1 of 8 Councilman Welker inquired whether a local contribution or match was required? Chief Roche responded no. ayor Worrell opened the Public Hearing at 7:05 p.m. There being no comments, the Hearing was closed. ouncilman Clark moved to direct the staff to apply for the justice assistance grant for in car video cameras. 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 The next item on the agenda was Public Comment Period. Board of Supervisor Charles Bopp addressed Council speaking on behalf of the Robinson District. He requested that the model airplanes not be allowed to fly at Loving Field and asked that the ultra lights not be allowed to start using the field. He expressed concern for the safety of the children playing at the field, the noise, the possibility for crashes, frightening the cattle and the potential entanglement with the power lines. He reminded Council of the petition with over 100 signatures that had been turned in to Council previously, requesting that Council stop the model airplanes and not allow the ultra lights to start using the field. He opined that the flyers had just run out of room at the field and it was time far- them to move on to another place. Next, David Stowers address Council regarding the ultra light planes. He advised that he had been flying the ultra light planes from the field since 1997. He did not think that his takeoff and landings from the field would interfere with anyone. He expressed a desire to continue flying from the field. Wayne and Patsy Akers addressed Council speaking against any of the planes being allowed to fly in the area. They described fence tops that had been bent over with staples pulled out of the posts. They advised that parts of planes wdi-e found on their land one day and gone the next even though the land is posted. They showed parts of planes that had beeen found on their property, held together with medical masking tape, and opined that they were flimsy and dangerous. They complained of the planes being flown down the road following them in their vehicle and of the noise and harassment. They advised that they may lose two renters on their property who complain of not being able to rest or sleep because of the noise. Next, Robert Whitman addressed Council speaking against the planes being allowed to fly in the area. He owns a dairy farm in the area. He complained about the ultra light planes. He stated that they fly right over the house and the barns. He complained about an ultra light plane following the terrain and popping up over the hill and startling the heifers grazing in the field. The heifers ran to the far side of the property and through the fencing. None were lost, but they had about ten head that needed treatment and the labor and expense involved in treating them. He felt that this was not intentional, however, it affected him economically. Clint Ison addressed Council on behalf the Flying Aces. He commented that he was not personally at the location every time they flew, but he had never witnessed anyone in their club purposely chasing down a car or purposely flying towfards someone's house. He acknowledged that there were pilot errors and plane malfunctions, but added that they have insurance to cover it in case it is needed. He advised that as far as he knew, they had never caused any property damage. He added that Mr. Hart, Parks and Facilities Director, came to the site and watched them fly to ensure that they could confine their planes into the specified area. Mayor Worrell advised that the issue would be revisited by Council as scheduled, later in the meeting. Councilman Burchett moved to adopt the minutes of March 3, 2009, seconded by Councilman Clark and carried on vpice vote. April 7, 2009/ Page 2 of 8 Mayor Worrell moved on to Project Updates. The first item was Train Station. Mr. Hawley advised that staff had met with the insurance company and discussed the second revision of the contract. The insulation costs will be covered by insurance. Two more points were being negotiated by the insurance company and the architect. As soon as these points were agreed upon, the contract could be signed. Discussion ensued regarding Council meeting with ,the architect to discuss items that might be upgraded. Mayor Worrell moved on to Sewer Loan -DEQ. Mr. Hawley advised that staff met with DEQ to ensure the readiness of the project. The plans and specs are complete and the contract is ready to send to Draper Aden. He reminded Council that they are not going to cover the engineering costs of approximately $29,500. He added that they could not tell staff what the requirements on the loan will be. The indication is that 50% will be forgivable, although it could all be forgivable. As soon as staff learns the terms, they will inform Council. Mayor Worrell moved on to sewer odor. Mr. Hawley advised that staff had been trying to ascertain the cause of the sewer odor in different areas of Town. Staff asked Anderson and Associates to submit a proposal to find the problem. Additionally, staff has contacted Draper Aden to meet with staff, James Hardie representatives and some Peppers Ferry staff to review the system. Staff will then determine whether to enter into a contract with Draper Aden or Anderson to study the problem. Mayor Worrell added that he attended a Peppers Ferry board meeting and the topic was discussed. The next item on the agenda was law enforcement Mutual Aid agreements. Mayor Worrell advised that there were two law enforcement Mutual Aid agreements to discuss. One was for the City of Radford and the other with Wythe County. Police Chief Roche advised that the Mutual Aid agreement with Radford was a renewal and the Wythe County agreement was a new agreement. He added that the agreements allow mutual assistance between jurisdictions at all times. He added that there is no up front cost to the Town. Mr. Warburton advised that the proposed agreement with the City of Radford was dated incorrectly. He added that the first line of the Wythe County agreement read and/or. It should read and. He added that while there was no cost, however there was potential liability. Councilman Clark moved to adopt the Mutual Aid agreement with the modification of the date with the Town of Radford. 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 Councilman Clark moved to adopt the Mutual Aid agreement with Wythe County with the modification of the date and the elimination of the word or in the first sentence. 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 April Z, 2009/ Page 3 of 8 Mayor Worrell moved on to 07-08 audit. He advised that this audit was presented to Council at the last Council Work Session. Council had time to review it and it was ready for adoption. Mr. Hawley added that there were a few corrections made including some schedules that listed Pulaski Redevelopment And Housing Authority as the heading and the total showed CDBG grant fund. That had been corrected. Councilman Burchett advised that he had some comments and concerns with the audit and some of the language in it. He referred to page 61 under paragraph conditions and the language where it says the "auditees financial statements, balances were required to be restated to correct prior errors related to unrecorded cash accounts and receivables and in addition significant adjustments were required to be made to the 2008 trial balance". "And you go on down to where effect is.,. you see the language there is more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entities internal controls over financial reporting. That very same language is in last year's audit". He advised that he talked to Ms. Cox and she explained it as an error with a third party and relating to some capital assets that weren't either reported or misreported or misstated. Mr. Hawley explained that this referred to a previous auditor who worked for the company Elliott Davis. Councilman Burchett responded that "it seems like there was a different name or relating to some capital assets that weren't either reported or misreported or misstated. Mr. Hawley advised that was the company he worked for, not the individual. The company was actually Elliott Davis. He reminded Council that Ms. Cox had explained that the new government auditing regulations that went into effect about two years ago, required those duties to be split up and that the two auditors were fine tuning. She also had stated "that was something the Town needed to work with them on". He added that Ms. Cox had advised that the Finance Director had completed her portion of the work required for the change and that the previous auditor did not get it moved in time. Staff was aware of that and he assured Council that those issues would not be in the next audit. Councilman Burchett inquired specifically what capital items were being referred to that weren't reported timely enough or not timely enough? Mr. Hawley responded that staff would have to go back and review the records. He added "I don't think we can pull that off the top of our heads right now. We'd have to go back and check that with Ms. Cox and also with Elliott Davis. Councilman Burchett stated that if this was his money, he would not like those comments on the audit. He added that he would like to know specifically what the errors are and what steps are being taken to correct them so they won't be irr the next audit. He stated that he "can't in good conscience accept an audit that says that without at least some sort of condition saying, hey man, we're going to correct this". Mr. Hawley responded that Ms. Cox had stated that this was not the Town's error. This was a failure on the other auditing company. She was not concerned that it would occur again. He advised that staff could go back and pull whatever request that was made to the company Elliott Davis and we can itemize and list whatever request was made if Council wished. Councilman Burchett commented that he would like for this language to not be included in the next audit. He went oh to express his concern for comments on page 60 referring to management sending a separate letter to the Town dated January 22, 2009. It referred to some issues with improper approval of voided transactions with cashiers and the need for more oversight or not letting folks have the ability to issue voids and the handling of the finances within that particulSr office. He assumed that was referring to the water accounts. Mr. Hawley responded that the audit was talking about all the accounts. He reminded Council that this issue was cokered at the last Council Work Session. During that session, Ms. Cox indicated that she had already met with the Finance Director and the Town Manager and discussed internal controls that were to be put in place and a correction was being implemented. The situation was that there were five employees who all cross trained. It had to be changed so that if,a change or void was made by one employee, a different employee had to approve it. It was a tweaking of internal controls. April 7, 2009/ Page 4 of 8 Councilman Burchett commented that if those controls are in place, then he was fine with the audit. He would be "willing to approve it conditional to these issues being addressed. But he didn't feel comfortable adopting it or accepting it". Mr. Hawley interjected that it's not adopted, it's accepted. Councilman Burchett responded "at face value as it is right now. Accepted. I would rather see these concerns dealt with. I mean it's not to say that we have some hole down there with, you know, $50,000 a month leaking out of it, but I mean the things I'm reading here... I mean.." Mr. Hawley interjected "there are no funds leaking out of the Finance Department, I can guarantee that". Councilman Burchett countered "that we're aware ofl'. Mr. Hawley responded "there are no funds coming aut of the Department". Councilman Burchett responded "according to this, I mean, there may or may not be. Could be". Mayor Worrell commented that Council had heard Councilman Burchett's comments. He advised that staff could get additional information and revisit the topic in the future or if they were satisfied with Ms. Cox's explanation at the last Work Session, the audit could be accepted. Councilman Welker commented that it's really important to address these issues so the language does not appear in the next audit. However, it is an audit for a year that has already happened. He felt that the audit should be accepted, but made it clear that Council does not want to see this language in next year's audit. Councilman Clark moved to accept the 07-08 audit as it has been corrected with the change in the headings. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark -Aye Joel B. Burchett, Jr. - No Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell moved on to Loving Field usage. Mayor Worrell commented that "this was one of these unfortunate issues that crop up from time to time in front of local governments. In this case, we have three entities: the ultra lites, the Flying Aces and the citizens in the community. None of the groups have done anything wrong. And none of these groups want anything other than to be left alone". He "wished there was a magic wand we could wave here and make everybody happy, but there's not. Someone's going to leave here disappointed. The Flying Aces and the ultralites have been using Loving Field with the blessing of the Town for a number of years, and they want to continue their hobby. I think it's an excellent hobby. One they take great pride and pleasure in. Likewise, the citizens of Robinson Tract community want only to be able to enjoy the peace and quiet that comes with living in a rural community. These two activities obviously clash with each other, so I don't think we're going to resolve that". He asked Mr. Hawley for any additions to his comments. Mr. Hawley advised that staff did look at the landfill and operational issues prevent the use of the land fill. Councilman Welker commented that Town staff tried to work out a compromise and no acceptable agreement could be found. He felt that the flyers should be allowed to fly there two days a week. Regarding the ultralites, he suggested that they be required to have some type of identification painted on the aircraft to be visible from the ground. Councilman Clark advised that he "understood the direction the citizens are coming from". However, he felt a compromise was in order at this time while continuing to search for another area to fly. He suggested a six month trial period. April 7, 2009/ Page 5 of S Councilman Kidd inquired whether there was a way to minimize the noise? Clint Ison advised that they had mufflers on them and were as quiet as they could be made. He compared the noise to a eed eater or chain saw. rs. Akers commented that schedules had been tried before and it fell apart within a few months. Councilman Burchett commented that since we knew the concerns, perhaps staff could post dates, times, and hours that flying was allowed. He suggested that a registry could be provided and if violations ensued, those in violation could be stopped from flying. He also suggested approaching the County and making a good faith effort to find another locatiou~ for the groups to fly. Mayor Worrell commented that the amount of available land has diminished as well. Councilman Bopp commented that these are legitimate complaints and they need to be addressed and resolved. He referred to the petition that been turned in to Council with one hundred signatures against the flyers. Mr. Burchett suggested that the flyers self police those who violated the rules. Mr. Akers advised that an option for the flyers would be to use the new remote control field near the fire department in Elliston. Councilman Welker moved to direct staff to post a sign limiting the hours of operation and other conditions as agreed upon and a reminder to be mindful of your neighbors. Mayor Worrell inquired what those conditions would be? Councilman Welker responded that we'd have to figure that out. Mr. Warburton interjected that for the purposes of a motion, he would have to be a lot more specific. Councilman Burchett made a substitute motion that this be added as a specific item on a Work Session agenda to create very specific limitations and to request that a representative of both sides of this issue attend to assist in drafting the rules. Councilman Welker withdrew his motion. Councilman Burchett withdrew his motion. Discussion ensued regarding options that could be included in the rules. Mr. Hawley advised that what he was hearing Council say was that they would like to allow the flyers some use of the field. He suggested that staff bring back some proposed criteria and times that they can fly and bring it back to Council. Councilman Clark advised that he would also like for staff to contact the County to help find another location for the flyers to use. He added that Council had the petition from the citizens asking for the flying to stop, however, he did pot feel Council should just cut they flyers off without making an attempt to help the flyers find another location. Doug Slate addressed Council speaking in favor of allowing the flyers to continue at Loving Field. He felt that the hobby promoted aviation and noted that the planes are not as loud as the motorcycles on the road. Mayor Worrell moved on to New Business. The first item was incentives for rehab. April 7, 2009/ Page 6 of 8 Mr. Hawley advised that Council previously requested staff to develop a list of incentives that could be available to developers. A draft list of incentives was included in the Council packet. Additionally, he advised that a request had been received from Greg East, owner of the apartment house to the west of the library, to consider his investment in the building renovation for any Town incentive or match to his investment. Councilman Burchett liked the idea of having a list of incentives so that staff did not have to address Council on each issue. Mayor Worrell agreed. Councilman Burchett inquired why the incentives were limited to the Enterprise zones of the Town regarding multi- family and units? Mr. Hawley advised that the Enterprise zones were created by the state to spur growth or redevelopment in those areas. Council could choose to allow it in any area they chose. Councilman Burchett commented that he would almost like to see it town wide. Mr. White suggested that Council could pass the implement the incentives in the Enterprise zone and then if there were any requests from other areas, Council could consider them on a case by case basis. He opined that would facilitate budgeting. Mr. White also explained the areas included in the Enterprise Zone. He added that Mr. East's request was for property just outside the Enterprise zone. Councilman Clark moved to extend the list of incentives to Mr. East for the 72 Third Street, SW location. 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. -Abstain Robert A. Bopp -Abstain Morgan P. Welker -Aye 1 Mayor Worrell moved on to Complete Count Committee. He advised that he and the Town Manager met with the representatives of the U.S. Census Bureau regarding the upcoming census count in 2010. The Bureau asked that the Town establish a Complete Count Committee. This Committee would be a volunteer committee established to increase awareness about the census and motivate residents in the community to respond. Mr. Hawley added that this committee is to ensure the most accurate count possible in our corporate limits. The accuracy of the census count affects funding on many levels. Mayor Worrell advised that a suggested list of people for the Committee had been provided. The following were on the list: Jeff Worrell, Dave Quesenberry, and Barbara Tate from the Town; Peggy White and Scott Arnett from the Pulaski County Chamber of Commerce; Susan Rupe Dalrymple from the Pulaski County United Way and Janet Johnson from New River Community Action. Councilman Burchett moved to appoint the above listed people to the Complete Count Committee. 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 The next item on the agenda was vehicle decal/fees. April 7, 2009/ Page 7 of 8 Mr. Hawley advised that the Police Chief and Fire Chief advised that the Code of Virginia allows career firefighters and police officers residing in the Town to be given one decal for their personal vehicle free of charge. Additionally, staflr felt that the decal should be offered to Deputy Sheriff's residing within the Town limits. He added that currently, the Town provides one free decal to each volunteer fighter residing in the Town limits. Councilman Welker moved to direct staff to prepare an Ordinance waiving one decal fee for Town of Pulaski paid firefighters and police officers residing in the Town and for Pulaski County Sheriff Deputy residing in the Town. 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 Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye At 8:28 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711 (A-3) Acquisition of Real Property. The motion was seconded by Councilman Bopp 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 At 8:53 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Clark, seconded by Councilman Clevinger 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 There being no further business, the meeting adjourned on motion by Councilman Clark, seconded by Councilman Clevinger and so carried. U April 7, 2009/ Page 8 of 8