Loading...
HomeMy WebLinkAbout08-07-12Minutes of the Town Council meeting held Tuesday, August 7, 2012 at 7:OOp.m. in the Council Chambers of the Municipal Building: There were present: Mayor: Jeffrey S. Worrell ' Council: Heather L. Steele, David L. Clark, H. M. Kidd, Joseph K. Goodman, James A. Radcliffe Absent: Gregory C. East Staff: John J. Hawley, Town Manager David Warburton, Town Attorney Dave Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council E. R. Barr, Police Department Others: Chad Fox Jeff Ballard James Steele William B. Sanders Patricia J. Sanders Garda T. Cox Dean C. Cox Douglas Woodie Sharon Gray John Goad Betty Quesenberry Shawn Utt Clark Payne Robert Glenn Morgan Morris Spencer Rygas Melinda Williams, Press Mike Williams, Press Mayor Worrell called the meeting to order at 7:00 p. m. Councilman Kidd led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following roll call, Councilman Goodman moved to modify the agenda with the addition of 13d, Referral to ' Planning Commission for a zoning amendment request regarding cluster housing and a Closed Session item under Virginia Code 2.2-3711 (A-5), Prospective Business or Industry. The motion was seconded by Councilman Kidd and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Absent Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye Mayor Worrell advised that a Public Hearing was scheduled on an alley closing request for 8~~~ Street, NE and Jefferson. He reminded Council that this issue had been discussed by Council earlier in the year and that no action was taken at that time. Councilman Goodman advised that he was involved in the request as an adjacent property owner and he stepped down from the dais at 7:02 p.m. David Quesenberry advised that since there were new Council members he would review the case. He advised that at the May 2, 2012 Council meeting, Mr. Spencer Rygas applied to have all or a portion of an alley running from the 800 block of North Jefferson Avenue to Eighth Street, NW closed. He noted that he had included in the packet a copy of the original report presented to Council on May 2ntl , a copy of Mr. Rygas' presentation to Council on July 10°1, and letters from W. B. Sanders, III and Dean & Garda Cox expressing their opposition to closing the alley. He added at the May 2, 2012 Council meeting, Council took no action. He explained the options available to Council after the Public Hearing. Councilman Radcliffe asked what would happen in the event of a water break if the alley was closed? ' Page lof7/August 7, 2012 Mr. Quesenberry explained that the Town policy for closing alleys or right of ways is to reserve the easemellts for the utilities so access is available. Mayor Worrell opened the Public Hearing at 7:05p.m. William Sanders addressed Council, speaking on behalf of his mother who lived at 829 Prospect Avenue. He wished to clarify her status to the request. He noted that at the first meeting, she was not opposed to the request as long as there was a guaranteed right of way to the alley. He added that since that time, she had changed her mind and was against the closing of the alley. Dean Cox spoke against the closing of the alley noting that it was his only access to the rear of his property and that his deed specifies his property borders on the right of way. Garda Cox addressed Council speaking against the closing of the alley, citing health issues that required access to their property through the alley. Spencer Rygas addressed Council speaking in favor of the closure. He advised that he had divided his request into two Phases, but his focus was on Phase I of the alley being closed. He noted that this section runs from North Jefferson Avenue between 810 and 816 North Jefferson Avenue (both his properties) to a point behind 821 and 829 Prospect Avenue. He reviewed his justification for the request and noted that all of the adjoining property owners to Phase 1 of the request were in favor of the closing of the alley. He noted that he was willing to pay for a sign advising that the alley was a dead end with no turn around. There being no further comments from the public, Mayor Worrell closed the hearing at 7:18 p.m. Councilman Radcliffe asked who would get the property if the alley was closed? Mr. Warburton advised Council that in Phase 1 of this case, since Mr. Rygas owned both properties adjoining Phase 1 of the alley, the property would go to him. ' Councilman Kidd asked Mr. Saunders whether closing Phase 1 of the alley would affect his mother's property? Mr. Saunders responded that he would be unable to easily back a trailer into his mothers' property. Councilman Kidd commented that he understood both sides of the question, but after reviewing the facts, felC that he would be in favor of closing Phase1 of the alley, but not in favor of closing the entire alley. Councilman Kidd moved to direct staff to prepare the proper paperwork to close Phase 1 of the alley. The motion was seconded by Councilman Clark and carried on the following rewrded vote: Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Absent James A. Radcliffe - No David L. Clark -Aye Councilman Kidd moved to leave Phase II of the alley closing request open. The motion was seconded by . Councilman Clark and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Absent David L. Clark -Aye H. M. Kidd -Aye James A. Radcliffe -Aye Councilman Goodman returned to the dais at 7:26p.m. Page 2of 7/August 7, 2012 James Steele of 1027 Melbourne Street addressed Council advising of problems with buzzards in his The next item on the agenda was the Public Comment period. James Steele of 1027 Melbourne Street addressed Council advising of problems with buzzards in his neighborhood. He noted that the buzzards were roosting in the pine trees behind the Magnox building, but in the morning, flew to his area of Town. He listed some of the destruction to property from the buzzards and ' presented a petition requesting the Town's aid in helping to eliminate the problem. He noted that he had spoken with Mr. Fox of the USDA Wildlife Services in Christiansburg and tried the tactics given to him during that conversation to no avail. He added that Mr. Fox suggested that he bring the problem to the Town as it would take a concerted effort of the Town and the Wildlife Services to move the buzzards. Mayor Worrell advised that staff would look into the problem and contact the citizens Mr. Chad Fox, the USDA representative addressed Council advising that it would take a coordinated effort of at least several weeks of shooting and setting off fireworks to disperse the birds. He offered to help the Town with the problem. The next item was the Consent Agenda. Councilman Clark moved to adopt the Consent Agenda consisting of the July 10, 2012 Council minutes. Councilman Kidd seconded the motion and carried on voice vote. Mayor Worrell moved on to the Project Updates Regarding the Dora Highway CDBG project, Mr. Hawley advised that there were four houses for sale in the area and staff wished to advise the citizens. Additionally, he advised that the Department of Housing and Community Development had invited the Town to showcase the project at the state conference. He advised that Craig Quinn, the Project Engineer and Craig Wilson, the consultant with Community Planning Partners would make the presentation and Tyler Breeding of the Engineering Department was preparing the Power Point. ' The next item on the agenda was the tornado CDBG update. Mr. Hawley advised that staff was working through the steps needed for the Department of Historic Resources (DHCD) Programmatic Agreement. He added that a Public Hearing was scheduled for August 14, 2012. He noted that Council was not required to attend the meeting, however, the sign in sheet must be turned in as part of the required files and it is always good to have elected officials at the meeting. The last update was in regard to the Museum. Mr. Hawley advised that the Southbound Model Railroad Association would be working on the Brockmeyer layout the weekend of August 17n and Labor Day weekend. He summarized the progress on the building and the storyboards to date. Following discussion, Mayor Worrell advised that he would like a definite opening date. Mr. Hawley responded that he hoped the opening date would be by November 1, 2012. Mayor Worrell moved on to Old Business. The first item was Resolution 2012-17, Appointment to the New River Valley Planning District Commission. Mayor Worrell reminded Council that this item had been discussed previously and that a Council member needed to be appointed to the Commission. He added that it was his understanding that Councilman East had' agreed to serve on the Commission if the meetings fit his schedule. Page 3 of 7/August 7, 2012 adopt Resolution 2012-17. Councilman Kidd seconded the motion and carried on the following recorded vote: Following discussion, Councilman Clark moved to appoint Councilman Greg East to the Commission and adopt Resolution 2012-17. Councilman Kidd seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Absent David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James ARadcliffe -Aye The next item on the agenda was Resolution 2012-18, Appointment to the Cemetery Trustee Board. Councilman Clark moved to adopt Resolution 2012-18, Appointing Charles Wade to the Cemetery Trustee Board. The motion was seconded by Councilman Kidd and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Absent David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James ARadcliffe -Aye Mayor Worrell advised that a Council member needed to be appointed to the Greater Pulaski Alliance (GPA). He added since no one was ready to volunteer for this appointment until they checked their calendars, a representative could be appointed at a later date. The next item on the agenda was the Tornado Housing Oversight Board. Mr. Hawley advised that alternates needed to be appointed to the Tornado Housing Oversight Board. Following discussion, Councilman Kidd moved to appoint Councilmen Clark and Goodman to the Tornado Housing Oversight Board as alternates. Councilwoman Steele seconded the motion and carried on the following recorded vote: I~ Heather L. Steele -Aye Gregory C. East -Absent David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James ARadcliffe -Aye Mayor Worrell moved on to discussion of amendment to the Tornado CDBG Rehab Program Design. Mr. Hawley advised that the Management Te;;m had been working on the issue of doing work on properties where taxes are owed. A revision to the Program Design had been drawn up and included in the Council packet for Council's review that allowed some options for tax payment. Following discussion, Councilman Clark moved to approve the amendment to the Tornado CDBG Rehab Program Design. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Absent David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James ARadcliffe -Aye The next item on the agenda was proposed changes to the Town Code for fees. Mr. Hawley advised that staff had worked on proposed changes to feesffines in the Town Code. Mr. Warburton advised that Council had directed staff to update the Town Code including fees and vague antl unenforceable language and violations. The draft result of that work had been included in the packet. ' He advised that the draft amended Code needed to be reviewed by Council. Page 4 ot7/August 7, 2012 Following discussion, Council asked that staff highlight the actual wording changes on the report for Council's review at the September meeting. The next item on the agenda was modification to Museum property deed. Mr. Hawley advised that due to the size of the building and orientation of the doors on the Museum building and the addition of a doorway on the County's building it was necessary to acquire additional property around the Museum. He noted that the deed would be a property line adjustment, which would require the Town to agree to the line change and recording of same. Councilman Clark moved to authorize the Town Manager to sign the property deed modification for the Museum. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Absent David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye Mayor Worrell advised that the next item on the agenda was Resolution 2012-19, Authorizing the Town Manager to Execute the Urban Project Construction Agreement for the East Main Street Widening. Mr. Hawley advised that since the East Main Street widening project was being re-scoped, the Virginia Department of Transportation was requesting the execution of the Urban Project Construction Agreement. Councilman Goodman moved to adopt Resolution 2012-19, Authorizing the Town Manager to Execute the Urban Project Construction Agreement for the East Main Street Widening. Councilman Clark seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Absent Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye The next item on the agenda was New Business. Regarding the Iron Bridge Trail, Mr. Hawley advised that at the last Work Session, Council briefly discussed the possibility of restoring the railroad siding to the Pulaski Furniture property. He advised that there was a TEA21 grant of $31,000 with a Town match to design and construct awalking/biking trail. This would go from First Street across the Iron Bridge, and over to Third Street. Reinstalling the railroad siding would require gating three crossings, one at Main Street, one at First Street and one at Third Street and putting the turn out back in. The Town would not go onto the Pulaski Furniture property with the Trail. He asked if Council still wished for staff to pursue the TEA 21 option? If not, Council would have to adopt a Resolution releasing those funds back to the state. Mayor Worrell was in favor of continuing the bridge project. He added that with the success of the biking trail and the New River Trail extension into Town, he felt it would further enhance that. Councilman Clark advised that he would love to continue the trail project. However, he did not think the budget would allow the turnout. Regarding the siding, Councilman Goodman asked what the cost would be for the entire project. Mr. Hawley responded that he would guess the total cost would be somewhere between one-half million to one million dollars. Page 5 of7/August 7, 2012 the Magnox property is not removed by Nortolk Southern. He noted the spur could be a huge asset in the ~,,.,,.e Councilman Goodman commented that the numbers show that it was cost prohibitive, but he wanted tom e sure Council had all the information. He added that the Town needed to ensure that the spur that goes over the Magnox property is not removed by Nortolk Southern. He noted the spur could be a huge asset in the future. ' Mr. Hawley advised that staff would move forward on the trail project only. Mayor Worrell moved on to Skyfest Business Expo. He advised that the Town had reserved a display at the reduced rate of $300.00 pending Council's authorization of funds. He felt it would be good for the Town to be represented at the event. Following discussion, Councilman Clark moved to authorize funding of $300.00 for the Skyfest Business Expo. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Absent David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye The next item on the agenda was discussion of establishing a standing Joint Government Board with the County. Mayor Worrell noted that this was placed on the agenda at the request of a member of Council. Mr. Hawley advised that in the past, two Council members and two Board of Supervisors would meet on a scheduled time frame to discuss projects relevant to both the County and Town. Mayor Worrell commented that he guessed that if Council were interested, the next step would be to contact the County and see if they were interested in this idea. Mr. Hawley advised that staff forvvarded the request from the Council member to the County Administrative offices for response. Councilman Goodman interjected that the reason he had requested the item be placed on the agenda was that the Town needed to establish an open line of communication between the Board of Supervisors and the Town of Dublin. The intent was to meet every month or so and that no action be taken; just an exchange of information. Following discussion, the Mayor advised that he would contact the County and the Town of Dublin to see if they would agree to meet once a month or so to exchange information. Mr. Warburton suggested that the group not be called a name that implies authority, as the group would have no authority. The intent was to exchange information only. Mayor Worrell moved on to referral to the Planning Commission. He advised of a request from Perry King fer three zoning amendments to Section 612 dealing with cluster housing. Council needed to refer this requeseo the Planning Commission for consideration. Councilman Clark moved to refer the request from Perry King for three zoning amendments to Section 612 dealing with cluster housing. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Absent David L. Clark -Aye 1 H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye Page 6 of7/August 7, 2012 l'VnSwlauvn mui ~oyw ~.vunac~ a .. fir.--..~ , ...,~...,.,.. .. -,...,... rn~ ~nci~man r;nndman and carried on the following recorded vote At 8:19p.m., Councilman moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel and (A-5) Prospective Business or Industry. The motion was seconded by Councilman Goodman and carried on the following recorded vote Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Absent Joseph K. Goodman -Aye David L. Clark -Aye James A Radcliffe -Aye At 8:38p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Clark, seconded by Councilman Goodman and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Absent Joseph K. Goodman -Aye David L. Clark -Aye James ARadcliffe -Aye There being no further business, Councilman Clark moved to adjourn, seconded by Councilman Goodman and carried on voice vote. Approved: e rey orre , ayor Page 7 of7/August 7, 2012