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HomeMy WebLinkAbout11-15-11Minutes of the Town Council meeting held November 15, 2011 at 5:00 p.m. at the Train Station, 20 South Washington, Pulaski. Present were: Mayor Jeffrey S. Worrell Council: Morgan P. Welker; H. M. Kidd, David L. Clark; Robert A. Bopp; Joseph K. Goodman, Gregory C. East 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 B. White, Economic Development Director Gary Roche, Police Chief Bill Pedigo, Town Engineer Dave Hart, Parks and Facilities Director Others: Clark Payne Melinda Williams, Press Mike Williams, Press Mayor Worrell called the meeting to order at 5:00 p.m. Following roll call, Councilman Welker moved to adopt the minutes of the October 18, 2011 Council meeting. The motion was seconded by Councilman Clark and carried on voice vote. Mayor Worrell announced that the November 2011 Employee of the Month was unable to attend the meeting and would be introduced at a future meeting instead. The next item on the agenda was Public Operations and property maintenance schedule of fines. Mr. Hawley advised that an extensive report had been included in the packet for Council's consideration. He noted that Mr. Quesenberry had reviewed eighty different jurisdictions codes regarding property maintenance schedule of fines while gathering the information. He added that staff was proceeding with court action on 615 Randolph Avenue. Mr. Quesenberry reviewed the report included in the packet. He advised that the process for property maintenance violations was slow due to Virginia being a strong proponent of property rights and the legal process requirements for notice, hearing and compliance. He noted that several jurisdictions mentioned that once a property maintenance issue goes before the court, essentially, the locality's influence ends and the matter is in the hands of the judge and that even if a conviction is obtained, the state code mandates the "violator shall abate or remedy the violation within six months of the date of conviction". Mr. Quesenberry noted that frustration was expressed over the considerable staff time required, the involved legal process and the cost. In fact, some localities had not adopted the Property Maintenance Code because personnel would have to be hired to enforce it. Overall officials contacted expressed frustration with the entire property maintenance enforcement process. Mr. Warburton added that any language would have to be very specific to meet the civil or criminal criteria. Mayor Worrell advised that staff was looking for guidance on how they want to proceed. Councilman Welker inquired what process staff was currently using for property maintenance? Mr. Warburton advised that staff was using Code of Virginia §36-106. Councilman Welker then inquired if staff was using the proper code, what was Council considering adopting? November 15, 2011/Page 1 of 5 Mr. Warburton advised that Council had directed staff at the previous meeting to find examples from other jurisdictions of fines related to property maintenance code violations and Mr. Quesenberry's summary provided that information. Councilman East inquired whether it was accurate to say that the Town currently had no set process for issuing fines for property maintenance issues other than the state and property maintenance codes. Mr. Warburton advised that Councilman East was correct. Councilman Goodman commented that if the Town goes the criminal route, then after due process, the issue goes to court. He inquired if the Town follows scheduled fines, would the issue still go to court? Mr. Warburton replied that it would not. Councilman Goodman commented that if the Town followed scheduled fines, then the time involved for court delays would not occur. Mr. Warburton responded that you have the ability to keep that in house. Following discussion, Councilman Welker confirmed that staff can pursue these issues as a misdemeanor currently, or Council could opt to pursue these issues civilly. Mr. Warburton agreed. Following more extensive discussion, Councilman Welker opined that staff should continue with the misdemeanor approach. Mayor Worrell commented that he would want to know how much staff time was involved and the cost before going the misdemeanor route. He suggested seeing how the current court case went and then reviewing the issue with those facts at hand. Councilman Welker inquired whether staff attempted to broker a donation to the Housing and Redevelopment Authority or Habitat for Humanity or similar groups? Mr. Warburton responded yes, in some instances. Councilman East advised that he would like to know the actual dollar amount collected in civil penalties from Lawrenceville and Alexandria. Mr. Hawley advised that staff would request that information. Councilman Goodman advised that he would like to know the percentage of compliance when a fee is assessed. Councilman East agreed. Ms. Boyd commented that while she did not know the percentage of collections, her staff received several requests each week regarding pay offs on liens. Mayor Worrell suggested that this topic be discussed further in a month or so. He then moved on to the next agenda item which was Finance and the Five Year Capital Improvement Plan (CIP). November 15, 2011/Page 2 of 5 Mr. Hawley advised that the Five Year CIP needed to be updated. He felt working on it prior to budget preparation might help with that preparation. He advised that information had been included in the packet for Council to review prior to the meeting. He reviewed some particular items that needed to be discussed. Mayor Worrell advised that staff would need to gather information as to debt service and when it would come off and provide that information to council at a future meeting. Ms. Boyd advised that debt service was ending in November of 2013 for the Water and Sewer fund. She added that the General Fund had debt service ending in 2014. Following discussion, Councilman East inquired if staff could provide a list what other funds were available that could be used for some of the projects? Mr. Hawley advised that staff could approach the New River Valley Planning District Commission to help gather other potential grant fund sources. Discussion ensued regarding the need for a Safety Building for the Police Department and the Fire Department. Councilman Welker suggested that staff should look at the current vacant buildings that could be revamped for the Police Department and the Fire Department and concentrate on maintenance of the buildings that we do have. Police Chief Roche interjected that the Police Department had to evacuate twice in the last two years due to flooding issues. He opined that one of these times, the department would be forced to move to a warehouse. He added that he had staff working in the basement with no HVAC, which was probably an OSHA violation. He noted that they had no interview room, nor process room for arrestees, nor a place to process vehicles or evidence. He noted that it was beside a creek and beside a railroad and that the only way it could be worse was if it was at the end of a runway. He added that if there was ever a train derailment with a chemical car, all emergency services would be out. He warned that it was going to cost the Town one day. He added that the Town was competing with localities that had much better conditions, facilities and pay when dealing with the labor pool. Mr. Hawley interjected that the Town had addressed some maintenance issues in the last year. Councilman Goodman suggested that some vacant buildings in Town might be adapted for the Police Department or Fire Department. He requested that staff review these buildings. Councilman East commented that infrastructure was important however, Council was trying to get the best bang for the buck and needed to look at return for investment and growing the Town. He opined that it didn't make sense with the shrinking tax base to invest large amounts of money in infrastructure at this time. Following more discussion, Mayor Worrell encouraged Council to review the current CIP and that staff provide the debt service to Council. Mayor Worrell then moved on to Legislative issues. The first item was tornado CDBG Housing Rehabilitation Program Design plan. Mr. Hawley advised that DHCD required that certain paperwork regarding housing rehab programs be adopted by Council. Each item had to be adopted individually. The paperwork for the Tornado Recovery Project had been included in the packet. November 15, 2011/Page 3 of 5 Councilman Kidd moved to adopt the CDBG Housing Rehabilitation Program Design plan. Councilman Clark seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye The next item to be adopted was the CDBG Housing Oversight Board By-Laws. Councilman Clark moved to adopt the CDBG Housing Oversight Board By-Laws with Councilman East as representative and Councilmen Bopp and Welker as alternates. Councilman Kidd seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye H. M. Kidd -Aye David L. Clark -Aye Councilman Clark moved to adopt the CDBG Project Management Plan. Councilman Kidd seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye H. M. Kidd -Aye David L. Clark -Aye Robert A. Bopp -Aye Joseph K. Goodman -Aye Gregory C. East -Aye Robert A. Bopp -Aye Joseph K. Goodman -Aye Gregory C. East -Aye L Next, Councilman Welker moved to adopt the CDBG Program Income Plan for the tornado recovery project. Councilman Goodman seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye H. M. Kidd -Aye David L. Clark -Aye Robert A. Bopp -Aye Joseph K. Goodman -Aye Gregory C. East -Aye II Councilman Clark moved to adopt the Tornado CDBG budget. Councilman Goodman seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye H. M. Kidd -Aye David L. Clark -Aye Robert A. Bopp -Aye Joseph K. Goodman -Aye Gregory C. East -Aye Mayor Worrell moved on to National Guard Training Agreement. He advised that this completed action completed by Council and was ready for adoption. Councilman Kidd moved to adopt the National Guard Training Agreement. Councilman Clark seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye H. M. Kidd -Aye David L. Clark -Aye Robert A. Bopp -Aye Joseph K. Goodman -Aye Gregory C. East -Aye The next item on the agenda was the adoption of Ordinance 2011-12. Mayor Worrell advised that this completed action of Council. Councilman Clark moved to adopt Ordinance 2011-12, Approving A Special Exception For The Ruritan Club at 403 North Jefferson Avenue. Councilman Welker seconded the motion and carried on the following recorded vote: November 15, 2011/Page 4 of 5 Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye The next item for adoption was discussion of amendment to Employee Award Program. Mr. Hawley advised that after review, staff suggested that a new set of awards be adopted because the prices for awards had changed dramatically. The suggested changes were as follows: 5 years of service -framed certificate 10 years of service -engraved plaque 15 years of service -engraved plaque plus a $50 Master Card/Visa gift card 20 years of service -engraved plaque plus a $100 Master Card/Visa gift card 25 years of service -engraved crystal award and $150 Master Card/Visa gift card 30 years of service -engraved crystal award and $175 Master Card/Visa gift card 35 years of service -engraved crystal award and $200 Master Card/Visa gift card 40 years of service -engraved crystal award and $250 Master Card/Visa gift card Mayor Worrell commented that if the employees were behind these changes, then he saw no problem with the amendment. He noted that because these were included in the Employee Manual, the changes would have to be adopted by Council. Councilman Kidd moved to adopt the amendment to the Employee Award program as written, seconded by Councilman Clark and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye Mayor Worrell reviewed the next scheduled meetings and advised that Council needed to make a decision regarding the December 20, 2011 Council meeting. Councilman Goodman moved to cancel the December 20, 2011 Council meeting, seconded by Councilman Clark and carried on voice vote. At 6:30 p.m., there being no further business, the meeting adjourned on motion by Councilman Goodman, seconded by Councilman Clark and carried on voice vote. Approved: r .Worrell, Mayor November 15, 2011/Page 5 of 5