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HomeMy WebLinkAbout07-21-09 Minutes of the Council Work Session held July 21, 2009 at 5:00 p.m. at the Senior Center. There were present: Jeffrey S. Worrell, Mayor Council: Larry G. Clevinger II, H. M. Kidd (arrived at 6:20), Robert A. Bopp, Morgan Welker Absent: David L Clark Staff: John J. Hawley, Town Manager Patricia Cruise, Clerk of Council David Quesenberry, Asst. to the Town Manager David Warburton, Town Attorney Sherry Boyd, Finance Director Gary Roche, Police Chief Bill Webb, Fire Chief Bill Pedigo, Town Engineer John White, Economic Development Director Others: Betty Quesenberry Alex Welker Clark Payne Joseph Goodman David Spangler Melinda Williams, Press Mayor Worrell called the meeting to order at 5:00 p.m. Councilman Burchett moved to add Resolution 2009-16, Appointing Janet L. Hanks to the Architectural Review Board. The motion was seconded by Councilman Clevinger and carried on voice vote. Next, Councilman Welker moved to adopt the minutes of June 16, 2009 Council meeting as written, seconded by Councilman Bopp and carried on voice vote. The next item on the agenda was Employee of the Month for July 2009. Mayor Worrell introduced the Employee of the Month for July 2009, Jerry W. Crowder. Mr. Crowder is the Superintendent of the General Properties department in Public Works. He read a press release aloud and presented Jerry with a plaque. He noted that Mr. Crowder 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 Operations. The first item was Noise Ordinance. Mr. Warburton advised that the Virginia Supreme Court recently ruled on an issue regarding a noise ordinance from Virginia Beach advising that it was standardless and therefore, not enforceable. The Town Noise Ordinance would need to be replaced. Additionally, he recommended that the ordinance be called a sound ordinance rather than a noise ordinance. Police Chief Roche added that he had spoken with the Commonwealth Attorney and the judge about the decibel levels included in the ordinance, and been informed that there is no standard for measuring decibel levels. He stated that he did not know how to proceed with enforcing the ordinance under the circumstances. July 21, 2009/ Page 1 of 5 Following extensive discussion, the Town Attorney was directed to review the Town of Blacksburg's noise ordinance dnd others he thought applicable and provide a draft for Council's review at the September 1 Council meeting. Mayor Worrell moved onto inoperable vehicles. Mayor Worrell advised that a draft Ordinance regarding inoperable vehicles had been included in the packet for review and that a draft version from Mr. Welker was before Council as well. Councilman Welker summarized the version that he had drawn up for review. Following extensive discussion, Councilman Welker moved to adopt Mr. Welker's version of the draft inoperable vehicle Ordinance with the words "provided it has been in such condition more than thirty days" removed from paragraph A. The motion died for lack of a second. Councilman Burchett moved to adopt the Town draft of Ordinance 2009-14. The motion died for a lack of a second. Mayor Worrell inquired whether Council had any direction for staff? Councilman Clevinger advised that he would like to amend part C of the Town draft of the Ordinance to read the following: This section shall not apply to any licensed business which is regularly engaged in any of the following activities: any automobile dealer licensed by the Virginia Department of Motor Vehicles or salvage dealer licensed by the Virginia Department of Motor Vehicles. More discussion ensued with no action taken. The next item on the agenda was a weeds and grass ordinance. Mr. Hawley advised that some revisions of the Town current weed and grass ordinance had been included in the packet for Council's review. Staff suggestions included adding wording to require grass/weeds to be physically cut, reducing the height of grass/weeds in violation from 18 inches to 12 inches and exempting farm land from all or most of the requirements of the section. Following discussion, Councilman Welker moved to direct staff to prepare the necessary paperwork to make the changes suggested by staff to the Ordinance. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark -Absent 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 onto Blight Program. Mr. Hawley provided an update on the progress in blight issues in Town. Additionally, he advised that a summary of new blight elimination legislation approved by the General Assembly had been included in the packet. He added that staff would work on a document to amend the current Ordinance. The next item on the agenda was boundary adjustment. July 21, 2009/ Page 2 of 5 Mr. Hawley advised that staff was continuing to collect data on the current land use and determining the number of residential units. Mayor Worrell moved onto Southeast Renewal Grant. Mr. Hawley advised that staff had set up files and started the prep work for the facilitated management meeting that DHCD required and continued to work on the pre-contract items such as the Flood Plain notice and notice for potential businesses. The next item on the agenda was NEEMO. Mr. White advised that staff was preparing a letter to be sent to our legislators requesting an appropriation for NEEMO. Additionally, he provided a status report of the NEEMO project. Mayor Worrell moved on to Train Depot. Mr. Hawley provided an update on the negotiation with the insurance company regarding the installation of a sprinkler system at the Museum. He added that the architect wished to go to bid soon and it was possible that the sprinkler system would have to be bid separately while waiting for the insurance company response. The next item on the agenda was Museum Building. Mr. Hawley advised that a preliminary site plan and preliminary draft sewer line easement had been prepared. The Brockmeyer agreement with the Town had been signed. A formal transfer of the Brockmeyer train set and groundbreaking would be scheduled in the near future. The next item for review was campaign for Town vision. Mr. Hawley advised that the draft vision had been included in the packet. Powerpoint presentations will be presented to the staff and public. Mayor Worrell moved on to Legislative. The first item was SPARC. Mr. Hawley advised that he had not heard from the Pulaski Redevelopment and Housing Authority regarding applying for SPARC funds. From the public, Clark Payne, Chairman of the Pulaski Redevelopment and Housing Authority, advised that the Authority felt the Town would be best able to handle the SPARC funds. Mr. Hawley asked Council to authorize Town staff to apply for Round 8 SPARC funds in the amount of $1,000,000. Councilman Kidd moved to authorize staff to apply for Round 8 SPARC funds. The motion was seconded by Councilman Welker and carried on the following recorded vote: David L. Clark -Absent 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 appointments to the New River Valley Agency on Aging. July 21, 2009/ Page 3 of 5 Mr. Hawley advised that Mrs. Betty Quesenberry had agreed to serve again. Mrs. Pauline Mitchell had been serving as Alternate. He added that the Board was asking that the Alternate or the Member of the Agency on Aging Board, be a member of Town Council. Following discussion, Councilman Welker moved to direct staff to prepare paperwork to reappoint Betty Quesenberry to the New River Valley Agency on Aging for a one year term beginning October 1, 2009. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell asked the Town Manager to see if Mrs. Mitchell would be willing to serve as Alternate on the New River Valley Agency on Aging. The next item on the agenda was an update on Virginia's First Regional Industrial Development Authority. Mr. Hawley provided a brief history of the Authority and advised that information had been included in the packet. Councilman Welker advised that approximately $40,000 in surplus funds per locality was available. Each locality is considering what to do with those funds. There are three options: Get a refund; Dedicate the funds to Commerce Park to help pay down the debt for water and sewer capacity upgrades and other infrastructural improvements; or put the funds toward the NEEMO project. He added that a legislative bill was being considered which would allow a member to withdraw from the Authority and the criteria for that action. Council could review that draft bill when it was complete. Mayor Worrell asked Councilman Welker the status of the possibility of selling some of the property at Commerce Park to raise money for the infrastructure? Councilman Welker advised that part of the property had been listed with a realtor. A public hearing had been held regarding another piece of the property. Mayor Worrell moved onto Safety. Fire Chief Webb advised that personnel at the Fire Department currently receive a medical evaluation as required by OSHA to wear breathing apparatus. He wished to implement annual physical and drug tests for all Fire Department personnel each year. The next item on the agenda was Resolution 2009-15, Adoption of a Mutual Aid Agreement Between The Town Of Pulaski, The Town Of Dublin and Pulaski County. Mayor Worrell advised that this completed the action of Council. Police Chief Roche advised that the Agreement gives all three jurisdictions law enforcement powers within their territory. Councilman Kidd moved to adopt Resolution 2009-15, seconded by Councilman Clevinger and carried on the following recorded vote: July 21, 2009/ Page 4 of 5 David L. Clark -Absent 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 Resolution 2009-16- Appointing Janet L. Hanks to the Architectural Review Board. Councilman Welker moved to adopt Resolution 2009-16, Appointing Janet L. Hanks to the Architectural Review Board. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Councilman Kidd requested a report be prepared by staff regarding the pros and cons of the Architectural Review Board in the Town and presented at a Council Work Session. ' At 6:45 p.m., Councilman Clevinger moved to enter into Closed Session under Virginia Code 2.2-3711 (A-3), Acquisition of property. The motion was seconded by Councilman Welker and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye At 7:25 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Clevinger, seconded by Councilman Welker and carried on the following recorded vote: David L. Clark -Absent Joel B. Burchett, Jr. -Aye 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 Clevinger and carried on voice vote. 1 Approved: P:' ~ Jeffrey S. Worrell, Mayor i July 21, 2009/ Page 5 of 5