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HomeMy WebLinkAbout12-06-11Minutes of the Town Council Meeting held December 6, 2011 at 7:00 p.m. in the Council Chambers of the Municipal Building at 42 First Street, NW, Pulaski, Virginia. There were present: Mayor Jeffrey S. Worrell Council: Morgan P. Welker, H. M. Kidd, David L. Clark, Robert A. Bopp, Joseph K. Goodman, Greg C. East Staff: John J. Hawley, Town Manager Patricia Cruise, Clerk of Council R. D. Warburton, Town Attorney David N. Quesenberry, Assistant to the Town Manager Gary Roche, Police Chief Sherry Boyd, Finance Director John White, Economic Development Director Bill Webb, Fire Chief Others: Geoffrey A. Cooper Amy Lewis Vernon Landreth Christy Straight Shawn Utt Mike Williams, Press Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman East led the Pledge of Allegiance and Councilman Bopp gave the Invocation. Following roll call, Mayor Worrell introduced Seth Greer as the November 2011 Employee of the Month. He read a Press Release aloud and presented Officer Greer with the award. He then introduced David N. Quesenberry as the December 2011 Employee of the Month. He read a Press Release aloud and presented Mr. Quesenberry with the award. He advised that in addition to receiving this award, both Officer Greer and Mr. Quesenberry would receive an extra paid day off from work and be eligible for the Employee of the Year award at the end of the year. The next item on the agenda was New River Valley Hazard Mitigation Plan update. Christy Straight, Regional Planner at New River Valley Planning District Commission addressed Council and provided an overview of the New River Valley All Hazards Mitigation Plan. Information had been included in the Council packet for review. She requested that Council adopt the plan by Resolution. Mayor Worrell commented that a Resolution would be considered later in the meeting. Mayor Worrell moved on to Public Hearings. David Quesenberry advised that the Hearing was in regard to a request for a zoning amendment to permit the keeping of chickens in a residential area. He reviewed the pertinent information and advised that the Planning Commission recommended that the zoning regulations not be amended for permitting chickens in additional residential areas and that the current status remain. This meant that chickens would remain a permitted use in the Rural Residential District, but would not be allowed in other residential districts. Mayor Worrell opened the Public Hearing at 7:24 p.m. There being no comments from the public, the Hearing was closed. Councilman Clark opined that Council should follow the Planning Commission recommendation. December 6, 2011/Page 1 of 6 Councilman Welker commented that he respected the work of the Planning Commission, but expressed disappointment that there was no recommendation that would allow keeping chickens in residential areas in limited circumstances. No action was taken by Council. The next item on the agenda was the Public Comment period. Geoffrey Cooper, an Americorp Vista member with Beans and Rice, a local nonprofit entity in the Town of Pulaski addressed Council. He requested that the Town be a partner organization for Martin Luther King Day of Service. Following a presentation by Mr. Cooper, Councilman Clark moved to partner with Beans and Rice for the 2012 Martin Luther King Day of Service. 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 Greg C. East -Aye The next item on the agenda was the Consent Agenda. Councilman Clark moved to adopt the Consent Agenda consisting of the minutes of the November 1, 2011 Council meeting as written. The motion was seconded by Councilman Kidd and carried on voice vote. Mayor Worrell moved on to Project Updates. Mr. Hawley advised that a budget revision for Phase I of the Dora Highway project, which reflects the increase in the Substantial Rehab work in this phase had been submitted. He added that Public Works was scheduling the installation of water and sewer services to the three new houses on Miller Street and upgrades to the street lighting were being scheduled. He advised that contractors were almost finished with the four houses currently being rehabbed. This would bring the total rehabs to 14. He noted that six Community Housing Partners houses were almost complete. He added that the next Management Team meeting and tour of the area was scheduled for December 8, 2011 at the Train Station. Regarding tornado recovery, Mr. Hawley advised that the Department of Housing and Community Development had informed staff that the second required public meeting had been held one day too soon. Therefore, a public meeting had been scheduled for December 8, 2011 to take public input on the use of the grant funds. Mayor Worrell moved on to Old Business. The first item was Resolution 2011-22, New River Valley Hazard Mitigation Plan. Mr. Hawley advised that if Council was satisfied with the process for the updates to the New River Valley Hazard Mitigation plan as presented earlier in the meeting, they could adopt Resolution 2011-22. Councilman Clark moved to adopt Resolution 2011-22, Resolution Of Adoption Of The New River Valley Hazard Mitigation Plan, 2011 Update. Councilman Kidd 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 Greg C. East -Aye December 6, 2011/Page 2 of 6 The next item on the agenda was post issuance tax compliance procedure regarding the bond issue Sherry Boyd advised that the IRS required this document be adopted by Council due to our tax exempt status. It had to be adopted within 45 days of the closing which was held on November 15, 2011. Councilman Kidd moved to adopt the Post-Issuance Tax Compliance Procedures for Tax-Exempt Bonds. Councilman Welker 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 Greg C. East -Aye Mayor Worrell moved on to tornado recovery revised budget Mr. Hawley advised that it had been determined by the Department of Housing and Community Development that the closing costs and title searches for the houses in the tornado zone were administrative costs. Staff had counted them as construction costs in the budget adopted by Council on November 15, 2011. It was decided that these costs in the amount of $2,600 would become a local cost from the Tornado Recovery fund. He requested that Council adopt the revised budget. Councilman Welker moved to adopt the revised budget for the tornado recovery project included in the packet as submitted. Councilman Kidd 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 Greg C. East -Aye The next item on the agenda was VDOT Urban Priorities. Mr. Hawley advised that VDOT would soon begin the process of developing the draft FY 2013-18 Six Year Improvement Program. VDOT requested that the Town confirm its urban priority for FY 13-18. He noted that the current urban priority number 1 was East Main Street. Councilman Welker moved to direct staff to submit priority number one as East Main Street and priority number two as Peppers Ferry Road to VDOT for the urban priority list for the six year 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 Greg C. East -Aye Mayor Worrell moved on to the update on the Town Manager review process. He advised that Council had discussed this at a previous meeting and asked Councilman Goodman and Vice-Mayor Clark to review the processes gathered from various communities and towns across the state. Vice-Mayor Clark advised that Councilman Goodman compiled the information gathered from various communities and towns across the state. After review, he and Councilman Goodman suggested the processes included in the packet to Council. Councilman Goodman reviewed the evaluation process and performance evaluation forms and schedule included in the packet. Discussion ensued regarding some of the specifics of the suggested schedule. December 6, 2011/Page 3 of 6 Mr. Warburton advised that due to the contract in place, Council could not implement this system before June 10, 2012 when the current contract expires. He pointed out that Council oversaw three employees, the Town Manager, the Town Attorney and the Clerk of Council. He asked that if Council implemented an evaluation process for one employee that all three employees of Council be evaluated. Mayor Worrell inquired whether Council could adopt the evaluation process and make it effective after the current contract expires? Mr. Warburton responded in the affirmative Councilman Goodman advised that if Council adopted this evaluation process, his recommendation was to complete the 2012 February process as anon-binding advisory document. Mr. Warburton pointed out that elections were scheduled for May 2012, which could possibly affect the composition of the Council. This could mean that some of the members of Council would not be familiar with the process, perhaps skewing the evaluation. Councilman Welker inquired what in the Town Manager's contract would preclude Council from implementing an evaluation process? Mr. Warburton responded that it was the terms in the draft document regarding salary concerns and some other terminology that could conflict with the Town Manager's contract. Mr. Hawley interjected that he believed his contract included provisions for review and also salary considerations. He added that Council has either formally or informally, been reviewing his work. He agreed with the suggestion to use the proposed evaluation process as a trial process. Councilman Goodman proposed that Council formally adopt the process and evaluation to be effective July 1, 2012 and that the February 2012 evaluation process be used as anon-binding resource. This could assist Council and the Town Manager with topics for discussion. Next Councilman Goodman inquired whether the Town Clerk was governed by the Town's employee review process? Mr. Hawley advised that he did not know whether the Clerk was governed by the Town's employee review process, but historically, she was evaluated by the Town Manager through the Town's standard employee process. Mr. Warburton interjected that the Clerk had duties that far exceed her duties to Council and for that purpose, she was an employee and was treated as all other employees. He noted that his earlier comments referred to her services as Clerk of Council as opposed to her other duties that she performs for the Town. He added that he was limiting himself to suggesting that Council have both a contract and some sort of evaluation of the Clerk's duties as Clerk of Council. Councilman Goodman responded that if Council were to follow the Town Attorney's advice and implement something for the Clerk of Council and the Town Attorney, specifically for the Clerk of Council, since the Clerk's position is a dual position, would Council's process interfere with the Town's evaluation process? Mr. Warburton commented that was a good mixed question. He felt that Council's inquiry and evaluation should be limited to those items that are the Clerk's direct responsibility to Council. However, he did not know whether Council could evaluate the Clerk's ability to handle the varied duties of the Town Clerk. Council could evaluate on reliability, responsiveness, congeniality etc. His point was that if there was an evaluation of one employee, then all three employees should be evaluated. December 6, 2011 /Page 4 of 6 Mayor Worrell returned the discussion back to the Town Manager evaluation process and the draft documents included in the packet. He asked whether Council had a motion regarding the Town Manager evaluation process? Mr. Hawley interjected that the wording in the document referring to a quarterly time period should be changed to a four month period. Councilman Goodman agreed. Councilman Welker suggested that Council consider adopting the formal process closer to July 2012 and informally use the evaluation form prior to July 2012 and then revisit the issue. Councilman Clark inquired if Council planned to follow the Town Attorney's advice and implement an evaluation process for all three employees? If so, did Council wish to prepare the documentation for all three employees and adopt all three at the same time? He added that he felt the current proposed document was very good and felt that it could be used in February as an opportunity to find out if it works as well as hoped. Mr. Hawley advised that staff had previously provided Council with the Supervisory evaluation process which he also used for the Clerk of Council. It might be helpful for Council to review. He noted that when he performed the evaluation of the Clerk, he looked at the overall job performance. He did not separate out the work performed by the Clerk for the Town as a whole and the work done for Council. Councilman Goodman suggested that Council agree to utilize the draft evaluation for February as a test case and then revisit in March or April to formally make changes to it and adopt it. He added that it would serve as an opportunity to perhaps use that evaluation as model forms for the Town Attorney and the Clerk of Council. However, he requested that in the meantime staff try to find a template for the positions. Mayor Worrell agreed with Councilman Goodman. Mr. Warburton opined that it may be difficult to find an evaluation form for a part time Town Attorney. Councilman Clark commented that he would be willing to work on the remaining evaluation forms if Council decided to implement them. The consensus of Council was to revisit this topic late in the first quarter of 2012. The next item on the agenda was New Business. The first item was Resolution 2011-24, Authorizing the Appropriation of Community Development Block Grant Funds for the Tornado Recovery Project. Councilman Clark moved to adopt Resolution 2011-24, Authorizing the Appropriation of Community Development Block Grant Funds as written. Councilman Kidd 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 Greg C. East -Aye The next item for consideration was Emergency Management contact. 1 1 1 December 6, 2011lPage 5 of 6 1 Councilman Kidd seconded the motion. Following discussion, Councilman Welker offered an amendment to the motion to appoint Fire Chief Webb or his designee as Coordinator of Emergency Management. Councilman Clark amended his motion to appoint Fire Chief Webb or his designee as Coordinator of Emergency Management. Councilman Kidd 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 Greg C. East -Aye Mr. Hawley advised that the "Elected Official Guide to Emergency Management" indicates that Towns are to "appoint a coordinator of emergency management to ensure integration into their county's emergency management organization". He suggested that Fire Chief Webb be appointed to that position. Councilman Clark moved to appoint Fire Chief Webb as Coordinator of Emergency Management. Councilman Goodman inquired who would be the backup for Chief Webb? Mr. Hawley advised that there was an Assistant Fire Chief. He assumed that line of command would be followed. At 8:30 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711 (A-5), Prospective Business or Industry. Councilman Goodman seconded the motion and carried on the following recorded vote: 1 Morgan P. Welker -Aye H. M. Kidd -Aye David L. Clark -Aye Robert A. Bopp -Aye Joseph K. Goodman -Aye Greg C. East -Aye At 8:40 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Goodman, seconded by Councilman Clark 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 Greg C. East -Aye Councilman Clark moved to request approval from Rural Development for funds of $79,000 from ARRA Funds awarded for support of small businesses in Town. Councilman Welker 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 Greg C. East -Aye Following discussion, it was announced that by consensus, the Council meetings in January of 2012 would be held on the 2"d and 4th Tuesdays of the month. At 8:43 p.m., there being no further business, Councilman Clark moved to adjourn, seconded by Councilman Goodman and carried on voice vote. Approved: r' y S. Worrel ,Mayor December 6, 2011 /Page 6 of 6