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HomeMy WebLinkAbout10-06-09 Minutes of the Town Council meeting held October 6, 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 B. Burchett, Jr., Robert A. Bopp, Morgan P. Welker Staff: John J. Hawley, Town Manager R. D. Warburton, Town Attorney Patricia Cruise, Clerk of Council David N. Quesenberry, Asst. to the Town Manager John White, Economic Development Director Gary Roche, Police Chief Dave Hart, Parks and Facilities Director Others: Amy Lewis Charles R. Bopp Ron Hall Janie Hurd Akers Shawn Utt Betty Quesenberry Janet Jonas Joseph K. Goodman Clark Payne Robert A. Strenz Mike Williams, Press Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Clevinger led the Pledge of Allegiance and Councilman Bopp gave the Invocation. Following roll. call, Councilman Clark moved to adopt the Consent Agenda consisting of the Minutes of the Town Co~cil meeting held September 1, 2009 as written. Councilman Clevinger seconded the motion and carried on voice vote. Mayor Worrell moved on to Project Updates. The first item was Train Station. Mr. Hawley advised of the receipt of a letter from VACo Risk and reviewed concerns that staff had with the letter. He advised that a letter requesting clarification of these items had been sent to VACo. A copy of their response as well as a hand written comparison of the insurance companies view versus the bid had been included in the packet. He summarized those items. He advised that in the worst case scenario, the most liability the Town would have was $123,213.00. Realistically, he felt the cost would be closer to $50,000 to $60,000 to finish the Train Station on the 1.2 million dollar project. He commented that it was Council's decision whether to execute the contract with South End Construction at this time and continue to pursue the cost of the sprinkler system with the insurance company. Mayor Worrell inquired how realistic it was to think the contingency funds would not be used? Mr. Hawley advised that he felt part of it would have to be used. Mayor Worrell commented that he would hope that all of it would not have to be used. Mr. Hawley advised he would "guess" at $10,000 to $15,000. Mayor Worrell confirmed that probably in the worst case scenario, the Town would end up paying for the sprinkler system and the amount of any contingencies that arose. Mr. Hawley responded that the Town could be out the $8,946 difference that the Insurance company advises they will not pay; $2,074 for added serving areas, kitchen areas and bathroom upgrades; and then potentially the sprinkler system. Ike felt the cost could be anywhere from $11,000 to $123,000. October 6, 2009/Page 1 of 6 Mayor Worrell inquired who would decide whether to use the contingency funds? Mr. Hawley advised that he felt it would be more efficient for staff to decide on small changes rather than returning to Council for each change, however, staff would do whatever Council wished. Following discussion, Councilman Welker moved to direct staff to execute the contract with South End Construction for the Train Station reconstruction. 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 was Museum. Mr. Hawley advised that progress was being made on the new Museum. Once the easement was approved and recorded, staff would be ready to relocate the sewer line. Mr. Kirkner would meet with staff for a final review of his plans and then he wished to meet with Council for their approval. Councilman Welker inquired whether a response had been received from the Insurance Company regarding the contents of the Museum? Mr. Hawley replied that no response had been received. Mayor Worrell added that he had received many responses to his request for volunteers to serve on the Museum Artifacts Acquisition Committee. He planned to present the nominations to Council at the next meeting. Mayor Worrell moved on to Brownsfield grant. Mr. White advised that eight submissions had been received for an environmental consultant for the EPA Stimulus Brownsfield grant. Following interviews, the Committee was recommending an award of contract to Draper Aden of Blacksburg, Virginia. Following discussion, Councilman Clark moved to direct Town staff to develop a contract and allow the Town Manager to execute that contract for consulting services with Draper Aden. 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 sewer odor. Mr. Hawley advised that the chemical feeds appear to be reducing the sulfides. They have not been able to identify the cause of the random spikes. The evaluation is continuing. Mayor Worrell moved on to Old Business. The first item was Ordinance 2009-17, Repeal of Section 38-35 of Town Code. Mayor Worrell advised that this would complete the action of Council in regard to the Noise Ordinance. Mr. Hawley advised that section 38-35 needed to be repealed. October 6, 2009/Page 2 of 6 Councilman Burchett moved to repeal the entire Noise Ordinance in effect in the Town Code. He commented that he did not like the Ordinance when it was passed. He felt that the problem that needed to be addressed was "Boom Cars" and not noise in general. He felt the current Ordinance was overkill of a problem. Councilman Welker seconded the motion. Mr. Warburton advised that the sections of the Town Code referenced were 38.31 through 38.70. He felt that the motion needed to be clarified. Councilman Burchett amended his motion to repeal sections 38-31 through 38-70 of the Town Code, seconded by Councilman Welker. Mayor Worrell commented that the Noise Ordinance had been discussed "long and hard" and finally adopted. He opined that it would be a mistake and a step backwards to repeal the Ordinance at this point. Councilman Welker interjected that if Councilman Burchett did not object, he would like to ask the Clerk of Council to reverse the voting order for this motion. Mayor Worrell commented that it was not the Clerks decision, but the Mayor's and he did not see a point in it. Councilman Clark commented that he had no problem with the fact that there were some issues that might need to be addressed in the Noise Ordinance. He felt that going to no Noise Ordinance at all was not going to fix the problem. He opined that Council could amend the current Noise Ordinance at this time and then, if Council wished to discuss it in greater detail at the next meeting, they could.. He could not support eliminating the Noise Ordinance altogether over one point that could be addressed separately. Councilman Burchett advised that he had a lot of citizens comment negatively about the Ordinance. He said they asked whether Council had really adopted an Ordinance that would make running a leaf blower or lawn mower illegal, which Council in fact did. He realized that the intent was that the Ordinance was not going to be enforced for those type situations, however, he did not wish to rely on "intent" or good judgment of Town staff. He felt that if the Ordinance was to control "boom cars" or loud vehicles, then it should be worded that way. Councilman Welker interjected that even with the "best judgment", it was not fair to put Town staff in the position of making that judgment call. Councilman Kidd felt that the Ordinance should be put in place and then revisited as needed. Mayor Worrell called for the vote and it failed on the following recorded vote: David L. Clark - No Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II - No Robert A. Bopp - No H. M. Kidd - No Morgan P. Welker -Aye Councilman Welker moved to adopt Ordinance 2009-17, with the addition of language that section 38-31 expires 90 days from today's date. The motion was seconded by Councilman Burchett. Mayor Worrell commented that he understood the intent of Councilman Welker's motion, however he did not feel it was necessary. The issue could be revisited at any time. Mr. Warburton recommended that if the motion was approved, that the Chief not enforce the Ordinance for the next 90 days. He commented "that no judge in the world is going to say, well, I'm not going to convict you under the old Ordinance if they repealed it". On the other hand, if it continued past the 90 day period, he could see a judge saying "well you know, you gave it an extra 90 days, and you didn't do anything during that 90 days and now you are apparently October 6, 2009/Page 3 of 6 serious about it and I will." He continued, "but you're not going to have a Noise Ordinance for the next 90 days if the current motion passed". Councilman Clark felt that a time limit in the Ordinance was not necessary to force Council to do their job. They should be able to do their job. He added that if that meant that a Called meeting was required to discuss exactly how to address the issue, then that could be done. He did not feel that legislation was required to force them to do their business. There being no further comments, Mayor Worrell called for the vote and it failed on the following recorded vote: David L. Clark - No Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II - No Robert A. Bopp - No H. M. Kidd - No Morgan P. Welker -Aye Councilman Clark moved to adopt Ordinance 2009-17 as written, 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 for consideration was IDA request for 501(c) assistance. Mayor Worrell advised that the IDA was seeking to obtain 501 (c) status and were asking Council for assistance with the funding. Mr. Hawley added that they also needed the Town Attorney to assist them in determining the best route for them to take that would be most beneficial to the IDA. Councilman Clark moved to direct staff to work with the IDA to prepare the proper documents to acquire 501 (c) non- profit status, seconded by Councilman Welker 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 Resolution 2009-21, UDAG to Fine Arts Center of the New River Valley. Mayor Worrell advised that this completed action requested by Council. Councilman Burchett moved to adopt the amended version of Resolution 2009-21, Authorizing a Loan in Urban Development Action Grant Repayment Funs to Assist the Fine Arts Center For the New River Valley in Remodeling The Former Rutherford Building. 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 -Abstain H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell moved on to New Business. The first item was a Powerpoint presentation on 2 Way Traffic on Main Street. Councilman Welker gave the presentation, providing his reasoning for reviewing the subject, reviewing pros and cons and providing a concept sketch of a roundabout as one solution to the intersection at 3`d and Main Street. October 6, 2009/Page 4 of 6 Discussion ensued with the consensus being for staff to gather preliminary information for Council's review, including an option removing the apartment building at the intersection of 3`d and Main Street, and another option that did not include removal of the apartment building; and whether Route 99 project funds could be transferred to this project. The next item for consideration was urgent capital needs. Mr. Hawley advised that the first item was telephone system upgrade. He advised that the phone system was approximately fifteen years old. The basic hardware is okay, however the phones need to be upgraded. He provided a cost estimate to replace the telephones with new digital phones and advised that staff was requesting up to $80,000 from the un-appropriated fund balance to make this upgrade. Following discussion, staff was directed to gather information including the repair expenses related to the phones and cut back on the some of the options and return to Council. The next item was a new bucket truck. Mr. Hawley advised that the current bucket truck was 23 years old and was purchased used. It had reached the end of its useful life and needed to be replaced. Staff requested up to $90,000 from the un-appropriated fund balance to make this purchase. Following discussion, Councilman Clark moved to approve up to $90,000 from the un-appropriated fund balance to purchase a bucket truck. 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 Mayor Worrell moved on to FMLA. Mr. Hawley advised that the Town Attorney and the HR Manager had developed a draft FMLA policy to be included in the Town Employee Manual. Councilman Welker moved to adopt the FMLA policy as part of the Town Personnel Manual. 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 Pros and Cons of ARB. Mr. Hawley advised that the review of the use of the ARB and Historic District that Council requested had been included in the Council packet. He added that subsequent to the completion of the report, staff learned that being a Certified Local Government may open a grant source to cover costs at the Train Station that the insurance may deny. Councilman Kidd commented that he asked for the review because he didn't know much about the ARB and the Historic District and wanted to make sure it was not hindering development in the downtown area. He wanted to see the downtown grow. Following discussion, Councilman Kidd moved to refer the Historic District and the ARB to the Planning Commission for study and recommendation. Councilman Bopp seconded the motion and it carried on the following recorded vote: October 6, 2009/Page 5 of 6 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 - No Mayor Worrell moved on to designation of revenue for false alarm calls to Police. He advised that included in the Council packet was a memo explaining that by Ordinance, the owner of any premises from which a false alarm originates may be billed for that alarm. He added that staff suggested setting up a special revenue fund with those funds that are collected from the false alarms to be reserved for updating police communications equipment. Following discussion, Councilman Clark moved to adopt the staff recommendation to set up a special revenue fund with those funds that are collected from the false alarms to be reserved for updating police communications equipment. The motion was seconded by Councilman Welker 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 advised that the next Council meeting was scheduled on the same day as the annual Virginia Municipal League meeting. He asked whether Council wished to move the meeting to another date or cancel it? Councilman Burchett moved to cancel the October 20, 2009 Town Council Work Session. 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 At 9:00 p.m., there being no further business, Councilman Clark moved to adjourn, seconded by Councilman Burchett and so carried. Approved: effrey S. Worrell, Mayor October 6, 2009/Page 6 of 6