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HomeMy WebLinkAbout09-01-09 Minutes of the Town Council meeting held September 1, 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 Freddie W. Sonner Shawn Utt Charles Hall Mrs. Charles Hall Betty T. Quesenberry ~ Joseph K. Goodman Robbie Cecil Debbie Cecil 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 and Councilman Burchett gave the Invocation. Following roll call, Mayor Worrell advised that the first item on the agenda was Public Comment period. Kevin Lindamood addressed Council regarding inoperable vehicles which was listed on the agenda for discussion later in the meeting. He wished to update Council on his volkswagon van business. He advised that he had purchased the property adjacent to his lot and planned to install screening. He inquired whether Council had received any other complaints about his business? He added that he had advertised locally, a public comment period regarding his business and received no complaints. Mayor Worrell thanked him for the update. Next, Councilman Clark moved to adopt the Consent Agenda consisting of the minutes of the August 4, 2009 Council meeting. The motion was seconded by Councilman Clevinger and carried on voice vote. Mayor Worrell moved on to Project Updates. The first item was Townwide plan for adaptive reuse -Brownsfield grant. Mr. Hawley advised that the Request For Proposals for the Brownsfield grant had been advertised and approximately twenty five sent out. The proposals were due September 4 and would then be evaluated and ranked. Councilman Burchett inquired approximately how long it would be before the lots could be made marketable again? Mr. Hawley responded probably three to five years. Mayor Worrell moved on to train station rebuild. He commented that a contractor should be chosen soon. Mr. Hawley agreed. He advised that bids were due on September 4 for the rebuilding. He added that he discussed the occupancy load with the insurance company's consultant and reviewed the comments from the state Fire Marshal's office. VACo again denied the Town's request for insurance to pay for a sprinkler system. They felt that the prior use and September 1, 2009/Page 1 of 4 occupancy load of the Train Station did not require a sprinkler and that the future use of the Train Station is the Town's choice, therefore, the sprinkler system will not be paid by insurance. He added that a reimbursement request for the lost and damaged. artifacts of the Museum had been submitted. The next item on the agenda was Boundary Adjustment. Mr. Hawley advised that staff continued to work with the consultant to gather information to determine the anticipated revenues to see if they will cover the costs of providing services to the area. It was hoped to have the information available to review at the September Work Session. The next item on the agenda was Sewer Odor. Mr. Hawley advised that various odor control chemicals had been tried with mixed success. Initial data indicates a significant reduction in sulfides. Staff would continue to work on the problem. Mayor Worrell moved on to Old Business. The first item was Cecil Rezoning request. Mayor Worrell reminded Council that the request was to rezone 1009 Hill Street, Pulaski from R-1 to R-4. He added that Council tabled the request in order to visit the site. Councilman Burchett moved to remove the rezoning request from the table. 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 reminded Council that the Planning Commission had recommended approval of the request. He commented that he was in favor of approval of the request and asked for Council's comments. Councilmen Burchett and Welker spoke in favor of the request. Councilman Welker moved to accept the Planning Commission recommendation and approve the rezoning request. The motion was seconded by Councilman Burchett and carried on the following recorded vote: David L. Clark -Aye Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II - No Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell moved on to inoperable vehicles. He advised that the Town Attorney needed some decisions from Council in order to prepare an Ordinance. Following extensive discussion, Council directed the Town Attorney to include the following in the Ordinance: 1. To restrict inoperable vehicles in all zones. 2. Not to allow an exemption for property or person 3. Enforcement by citation, not removal 4. Allow a "I'm really working on this inoperable, but salvageable vehicle" with the police department making that determination 5. Have 14 day grace period for the owner to correct a violation 6. All inoperable vehicles required to be in an enclosed structure unless working on it and then shielded. September 1, 2009/Page 2 of 4 7. Definition of inoperable vehicles: partially disassembled for more than 60 days, using the definition in the code, or not licensed by the state or decaled by current inspection sticker or any combination of these, using state code language. The next item on the agenda was noise Ordinance revisions. Mayor Worrell advised that Council had a draft noise ordinance in their packet. Councilman Welker advised that he had forwarded an email detailing some changes that he felt should be considered in the noise ordinance. He explained the changes that he had in mind. Following extensive discussion, Councilman Welker moved to adopt Ordinance 2009-15, with the changes of repealing section 38-31 through 38-35, with the addition of before 9 am or after 10 pm added to the first paragraph under section 38-31 and adding an 8`" exception that reads "live music, recorded music where the audio portion of a television broadcast, theatrical performance, or motion picture, produced by a stationary source in the B-3 Central Business district between 9 o'clock am on Friday and lo'clock am on Saturday or between 9 o'clock am on Saturday and lo'clock am on Sunday. The motion failed for a lack of second. Councilman Clark moved to adopt Ordinance 2009-15 as written. Councilman Welker reminded his colleagues "that I feel that if there is something that we know we don't want to prohibit, we shouldn't prohibit it with the intention of unprohibiting it later". 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 - No Mayor Worrell moved on to Loving Field. Mr. Hawley advised that the closing on the Loving Field property had not occurred as yet because the County wished for the trailer on the property to be removed before the closing. It was hoped to close on the property by the middle of September. The next item on the agenda was New Business. The first item was U.S. Census new construction program. Mr. Hawley advised of a letter setting a procedure for the Town to notify the U.S. Census of building permits that have been issued in the last twelve months since they made their initial canvas of the area. Staff felt that the Town should participate in the program. Following discussion, Councilman Clark moved to authorize staff to review the information about the program, designate a new construction program liaison and complete, sign and return the registration forms to the Census Bureau.. 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 Iron Bridge Trail. September 1, 2009/Page 3 of 4 Mr. Hawley advised of the receipt of a letter from the Department of Transportation regarding the Iron Bridge Bike agd Walking Trail, advising that since the project had not progressed to construction, a response was needed within 45 days if the Town wished to continue the project. The hold up in the project had been no response from Norfolk Southern regarding a right of way request. Additionally, included in the packet was a copy of a letter to Norfolk Southern concerning the right of way. Norfolk Southern had then responded that they would move as quickly as possible on the request. The next item on the agenda was Drop Site. Mr. Hawley advised of concerns expressed by the County on recycling and a desire to relocate the drop site to the old sewer treatment plant. They felt that the existing site was not conducive to recycling and a suggestion was made to move it to the old sewage treatment plant. They felt the location and lay of the land was more suited to the suggested use. Staff planned to meet with the County and the Operations Manager for the Pulaski Service Authority to discuss the issue, while continuing to search for other possible sites. The consensus of Council was for staff to meet with the proper contacts and report back to Council. Mayor Worrell moved on to Resolution 2009-19, UDAG Loan To Dreama Crawford dba/Flowers By Dreama Dawn. Councilman Bopp moved to adopt Resolution 2009-19, 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 2009-20, Loan to MicroSolutions Project. Mr. White advised that MicroSolutions is a cooperative effort between the County, Town of Pulaski and several private entities to provide loan funds to small developing businesses throughout the County. The Resolution approves a loan not to exceed $75,000 from UDAG repayment funds to be used as seed money for the project. Councilman Clark moved to adopt Resolution 2009-20, seconded by Councilman Burchett 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 From the Public, Andy McCready asked if he could speak to Council. He had missed the Public Comment Period. He advised that he and the neighbors on Wurno Road, wished to be excluded from the proposed boundary adjustment being discussed by the Town. Additionally, Mr. McCready spoke about the odor problem in the area. He advised that the cabbage odor being discussed in the meetings was probably due to repulping of the wood pulp that James Hardie does during their process. He added that the intensity of the odors have diminished greatly. At 8:25 p.m., there being no further business, Councilman Clark moved to adjourn, seconded by Councilman Clevinger and so carried. Approved: Jeffrey S. Worrell, Mayor September 1, 2009/Page 4 of 4