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HomeMy WebLinkAbout06-02-09Minutes of the Town Council meeting held June 2, 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: Larry G. Clevinger, II, H. M. Kidd, Robert A. Bopp, Morgan P. Welker Absent: David L. Clark, Joel B. Burchett, Jr. 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 John White, Economic Development Director Dave Hart, Parks and Facilities Director Bill Pedigo, Town Engineer Brenda Shelton, Administrative Secretary Angela Viers, Administrative Secretary Gary Roche, Police Chief Others: Joseph Goodman David Allen Kevin Meyer Nick Glenn Kathleen Kirk Amy Lewis Alex Welker John Whitman Patricia Cloonan Becky Hass Jerry Collins Mike Williams, Press Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Kidd led the Pledge of Allegiance. Following Council roll call, Mrs. Shelton called roll for the Planning Commission. Councilman Bopp moved to add item 13b, Resolution 2009-08 to the agenda. The motion was seconded by Councilmlan Clevinger and carried on the following recorded vote: David L. Clark -Absent Larry G. Clevinger, II -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Absent Robert A. Bopp -Aye Morgan P. Welker -Aye Mayor Worrell advised that this was a joint meeting of the Town Council and the Planning Commission Mayor Worrell introduced the Employee of the Month for June 2009, Angela Viers. Mrs. Viers is the Administrative Secretary for the Police Chief. He read a press release aloud and presented her with a plaque. He noted that Mrs. Viers 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 Hearing was a request for a special exception for light manufacturing in the B-2 Business District. Mayor Worrell explained that since this was a joint hearing between the Planning Commission and Town Council, the hearing would be held and then the Planning Commission would retire to the meeting room to discuss the request. Council would continue with the meeting. When the Planning Commission came to a decision, they would return to the Council meeting and make their recommendation to Council. June 2, 2009/Page 1 of 6 Mr. Hawley advised that the request was from RAS Properties, LLC and Robert Strenz to allow light manufacturing in a portion of the Pulaski Mall at 1040 East Main Street. The area had previously been used for light manufacturing by two other industries that were granted conditional uses under the previous zoning ordinances. Mr. Quesenberry provided a history of the use of the building including previous conditions for its use. He provided information that he had received that day regarding the details for this proposed use of the building. He reviewed the staff comments regarding the request. Mayor Worrell opened the Public Hearing at 7:13 p.m. Rodney Lambert, of Technical Services Group addressed Council explaining that the company would refurbish, check, warehouse and relocate machinery used to make brake pads. There being no further comments from the public, the Hearing was closed at 7:15 p.m. At this point, the Planning Commission adjourned to the meeting room and Council continued their meeting. Mayor Worrell moved on to the Public Hearing on the impact of Dora Highway Neighborhood Revitalization Project on the flood plain. Mr. Hawley advised that a very small portion of the project area for the Dora Highway Revitalization project is in the 100 year flood plain. As required, the hearing was being held to allow the public to discuss alternatives to the project, and any perception of possible adverse impacts from the project and possible minimization measures. Mayor Worrell opened the Public Hearing at 7:17 p.m. There being no comments, the Hearing was closed. The final Hearing for the night was in regard to the 09/10 Budget and Five Year Capital Improvement Plan (CIP). Mr. Hawley advised that this Public Hearing would allow public comment on the proposed 2009/10 budget and Five Year CIP. The ad for the Five Year CIP did not appear correctly in the newspaper, so another ad would be placed and another public hearing would be held on the CIP on June 16~'. In the meantime, Council could hear any comments on both issues and both would be scheduled for adoption at the June 16, 2009 Council meeting. Mayor Worrell opened the Public Hearing on the 09/10 Budget and the Five Year Capital Improvement Plan at 7:23 p.m. There being no comments, the Hearing was closed. Mayor Worrell moved on to Public Comment Period. Pastor Collins addressed Council regarding a sewer odor problem in the area of his church at 1621 Bob White Boulevard. He advised that the church had been dealing with a sewer odor problem in the area for approximately two years. They had installed venting and fan systems in an attempt to alleviate the problem. He added that lately, some people had been getting ill because of the odor and others were threatening to leave the church. He felt that the church had done all that they could do. He acknowledged that the Town had been working to alleviate the problem and asked what was currently being done by the Town. Mayor Worrell apologized to Pastor Collins for the inconvenience to the church and the other businesses in the area. He advised that this topic was scheduled for later in the meeting and requested that Pastor Collins wait for that update. Next, Joseph Goodman addressed Council regarding Ordinance 2009-08, scheduled for adoption during the meeting. The proposed Ordinance waived a license fee for one personal vehicle for public safety personnel residing with the Town limits. He opined that waiving the fee for paid public safety personnel would be rewarding a select group of employees, and essentially giving them a raise that no other employee received. He felt the waiver should be limited to volunteer public safety personnel only, not paid safety personnel. June 2, 2009/Page 2 of 6 There being no further speakers for the Public Comment period, Mayor Worrell moved on to the Consent Agenda. Councilman Welker moved to adopt the Consent Agenda consisting of the Council minutes of May 5, 2009. The motion was seconded by Councilman Clevinger and carried on voice vote. The next item on the agenda was Project Updates. The first item was Sewer Odor Study. Mr. Hawley advised that staff was working with Peppers Ferry and Draper Aden to develop an action plan that would probably include some air quality samples. He advised that part of the problem was that the odor was not constant, which made tracking difficult. He summarized the action plan. He emphasized that this could take a long time to solve, but staff was working on the problem along with Peppers Ferry, Draper Aden and James Hardie. Pastor Collins interjected that one thing they had noticed is that the odor gets worse when it rains. He offered for his church staff to keep a record of times that they notice the odor. Mayor Worrell thanked Pastor Collins for the information and commented that any additional information they could provide would be welcome. The next item for discussion was meter replacement update. Mr. Hawley advised that staff was in the third or fourth month of installation of water meters, meter readings and bill generation. He added that the Town is still experiencing some issues. Mr. Pedigo advised that approximately fifty water meters were left to be replaced or installed. There had been some difficulty with some of the meters, but staff was working on the problems. Ms. Boyd advised of some billing problems and commented that staff was working on those issues. In response to a question from Councilman Welker, she added that staff planned to convert some of the water account billing to 100 gallon increments on June 12. If that test worked well, then she planned to convert the rest of the accounts. Mayor Worrell advised that Planning Commission Chairman Nick Glenn had returned from the meeting regarding the request for a special exception for light manufacturing. He asked Mr. Glenn for a report. Mr. Glenn advised that the Planning Commission recommended approval of the request with conditions. He asked Mr. Quesenberry to read the conditions to Council. Mr. Quesenberry read the conditions recommended by the Planning Commission aloud: 1. Restriction of heavy trucks with loading and unloading to take place at the rear of the structure 2. No outside storage of parts or materials. Trash placed in dumpster. 3. Special exception voided should the premises be vacated or the use discontinued for thirty days. 4. In the event of a dispute over uses or interpretation of the Ordinance if passed, Town Council's decision is final. 5. Applicants allowed to refurbish industrial machinery of similar scope. Following discussion, Councilman Welker moved to accept the Planning Commission recommendation and conditions for the request for a special exception for light manufacturing at 1040 East Main Street and direct staff to prepare the necessary paperwork. Councilman Kidd seconded the motion and it carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye June 2, 2009/Page 3 of 6 Mayor Worrell moved on to Old Business. Mayor Worrell advised that several items needed to be adopted by Council in regard to the Planning Grant for the Dora Highway Neighborhood Revitalization Project from the Department of Housing and Community Development. He advised that the items needed to be adopted individually. Mr. Hawley advised that the first document was a Local Business and Employment Plan for Dora Highway Neighborhood Revitalization Project. Councilman Bopp moved to adopt the Local Business and Employment Plan for Dora Highway Neighborhood Revitalization Project. The motion was seconded by Councilman Kidd and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Next, Councilman Kidd moved to adopt the Non-Discrimination Policy for the Dora Highway Neighborhood Revitalization Project. Councilman Clevinger seconded the motion and it carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Councilman Clevinger moved to adopt the Residential Anti-Displacement and Relocation Assistance Plan for the Dora Highway Neighborhood Revitalization Project. Councilman Bopp seconded the motion and it carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Councilman Clevinger moved to adopt the Fair Housing Certification for the Dora Highway Neighborhood Revitalization Project. The motion was seconded by Councilman Kidd and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell moved on to Additional Grade Changes. Mr. Hawley advised that this would conclude the proposed grade changes for employees. Councilman Welker moved to adopt the proposed grade adjustments for the Police Lieutenant, Assistant Fire Chief, Police Captain, Economic Development Director, Director of Parks and Facilities, Town Engineer, Director of Finance, Fire Chief and Police Chief. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell moved on to Silcox property. June 2, 2009/Page 4 of 6 ORDINANCE 2009-08 ORDINANCE WAIVING TOWN LICENSE FEE FOR ONE PERSONAL VEHICLE FOR PUBLIC SAFETY PERSONNEL RESIDING WITHIN THE TOWN LIMITS WHEREAS, the Town Council of the Town of Pulaski, Virginia desires to recognize and assist public safety personnel residing within the Town limits; and, WHEREAS, the Town of Pulaski is authorized by Section 46.2-752 of the Code of Virginia 1950, as amended, to waive license fees for a vehicle garaged, stored or parked within the corporate limits of the Town, NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 2nd day of June 2009, that the Town does hereby waive the license fee for one (1) personal vehicle owned or leased by active members or active auxiliary members of volunteer rescue squads and volunteer fire departments residing within the Town's corporate limits, FURTHER, that the Town does hereby waive the license fee for one (1) personal vehicle owned or leased by police officers, deputy sheriffs, officers of the State Police, salaried firefighters, salaried emergency medical technicians, auxiliary police officers; volunteer police chaplains, and auxiliary deputy sheriffs or volunteer deputy sheriffs residing within the Town's corporate limits, FURTHER ORDAINED, that the Finance Director of the Town of Pulaski is authorized to waive the license fee contingent upon their determination that: 1) the applicant for said waiver is a bona fide resident of and has an established domicile within the corporate limits of the Town of Pulaski; and 2) that the applicant has demonstrated proof of affiliation with or employment by a public safety organization or department by presentation of a written certification from the commanding officer, chief, sheriff or head executive/administrative officer to the Finance Director verifying the applicant's affiliation with or employment by their public safety organization or department. This ordinance is effective upon adoption and is hereby adopted this 2nd day of June 2009 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: David L. Clark -Absent Larry G. Clevinger, II -Aye H.M. Kidd -Abstain ATTEST: Patricia Cruise, Clerk of Council Joel B. Burchett, Jr. -Absent Robert A. Bopp -Aye Morgan P. Welker -Aye THE TOWN OF PULASKI, VIRGINIA BY: ey S. Worrell, Mayor Mr. Hawley advised that the Silcox family wished to donate a tract of land to the Town. Council had directed that the!. tract of land be acquired from the Silcox family by the Pulaski Redevelopment and Housing Authority. He added that; he sent an email to Clark Payne, the Acting Chairman of the Pulaski Redevelopment and Housing Authority advising hittl of Council's intent. He received an acknowledgement from Mr. Payne, but no further comment. In the meantime, Councilman Burchett contacted the Town Manager suggesting that if the Housing Authority does not with to acquire the tract of land, the Town might consider accepting the land and using it as a green space in the Town. Councilman Welker advised that the Housing Authority attempted to meet the previous evening, but did not have a quorum, and were not able to discuss the offer. He added that Mr. Payne, the Acting Chairman, expressed interest in the property. Councilman Welker suggested saving a right of way that comes from approximately the ninety degree bend. in Loftier Street and around the creek and to the side that's down in the flood plain for green space type use. Mr. Hawley advised that he and Councilman Burchett had discussed the same thing. Mayor Worrell moved on to the Brockmeyer train agreement. Mr. Warburton advised that a draft train agreement had been drawn up for the Brockmeyer family, taking into consideration protecting the Town's interest. The draft agreement was sent to the Brockmeyer attorney two weeks prior and he had received no communication since that time. Mayor Worrell moved on to Ordinance 2009-08, Waiving License Fee For One Personal Vehicle For Public Safety Personnel Residing Within the Town Limits. He advised that staff had brought back a draft Ordinance for Council's review. He added that Council had heard Mr. Goodman's comments earlier in the evening. Councilman Welker pointed out to Mr. Goodman that under the Code of Virginia, this exemption could not be given bo all Town employees. Mr. Goodman responded that his hope was that Council could work with the state government to change the Code of Virginia so that the waiver could be offered to all Town employees. Councilman Welker moved to adopt Ordinance 2009-08, seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark -Absent Larry G. Clevinger, II -Aye H. M. Kidd -Abstain Joel B. Burchett, Jr. -Absent Robert A. Bopp -Aye Morgan P. Welker -Aye Mayor Worrell moved on to New Business. The first item was revised Loving Field lease. Mr. Hawley advised that the County had expressed some concern over the Whitman Farm lease. Staff drew up a new lease and a map showing which land was included in the lease. This new lease could carry until the end of this year olr to the end of 2010 if Council desired. Councilman Bopp moved to direct the Town Manager to execute the lease agreement with Mr. Whitman, seconded by Councilman Kidd. Following discussion, the motion and second were withdrawn. Discussion ensued, with a motion being made to authorize the Town Manager to execute the lease agreement with Mi. Whitman after it is corrected to reflect the Town Manager's signature. The motion was seconded by Councilman Kidd and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent June 2, 2009/Page 5 of 6 Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell moved on to Resolution 2009-08, Affirming Support and Partnership with the 2010 Census. Mr. Hawley advised of a meeting with a Census Bureau representative, where it was indicated that grant money would be available to help with the Pulaski Census program. This Resolution fulfilled a requirement for that grant. Councilman Kidd moved to adopt Resolution 2009-08, Affirming Support and Partnership with the 2010 Census. The motion was seconded by Councilman Bopp and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye At 8:22 p.m., there being no further business, Councilman Welker moved to enter into Closed Session under Virginia Code 2.2-3711 (A-5), Expansion of business and (A-1), Assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees. Councilman Bopp seconded the motion and it carried on the following recorded vote: David L. Clark -Absent Larry G. Clevinger, II -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Absent Robert A. Bopp -Aye Morgan P. Welker -Aye At 8:39 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Welker, seconded by Councilman Bopp and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye There being no further business, the meeting adjourned on motion by Councilman Welker, seconded by Councilman Kidd and so carried. _~ June 2, 2009/Page 6 of 6 RESOLUTION 2009-08 A RESOLUTION AFFIRMING SUPPORT AND PARTNERSHIP WITH THE 2010 CENSUS WHEREAS, the U.S. Census Bureau is required under Article 1, Section 2 of the Constitution of the United States of America to conduct a count of the population every ten (10) years; and, WHEREAS, an accurate census count of the nation's population is vital and necessary because of the many aspects of the national life that involve the use and interpretation of accurate census data; and, WHEREAS, more than $300 billion per year in federal and state funding is allocated to communities, and decisions are made on matters of national, state and local importance based on census data, involving healthcare, community development, housing, education, transportation, social services, employment among others; and, WHEREAS, census data determines how many seats each state will have in the U.S. House of Representatives and figures prominently in the redistricting of federal and state legislative districts, county magisterial districts and other voting districts; and, WHEREAS, the Town Council of the Town of Pulaski, Virginia has determined that it is in the vital interest of the Town and its citizens to secure the participation of all Town citizens in the 2010 Census; NOW, THEREFORE be it RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 2"d day of June 2009, as follows: 1. That this Town Council does hereby support the goals and ideal for the 2010 Census and will assist in the dissemination of information on the 2010 Census to encourage the participation of the Town's citizens. 2. That this Town Council encourages people in the Town of Pulaski to participate in events and initiatives that will raise overall awareness of the 2010 Census and increase participation among all the population; and, 3. That this Town Council asks local organizations to partner with the Town to achieve a complete and accurate count of the town's population. This resolution is effective upon adoption and is hereby adopted this 2"d day of June 2009 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: David L. Clark -Absent Joel B. Burchett, Jr. -Absent Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H.M. Kidd -Aye Morgan P. Welker -Aye THE TOWN OF PULASKI, VIRGINIA ATTEST: Patricia Cruise, Clerk of Council BY: y S. Worrell, Mayor