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HomeMy WebLinkAbout09-04-12v ~ ,c v~u ~ c~Na~ ~.+w u ~y. Minutes of the Town Council meeting held Tuesday, September 4, 2012 at 7:00 p.m. in the Council Chambers of the Municipal Building: There were present: ' Mayor: Jeffrey S. Worrell Council: Heather L. Steele, Gregory C. East, David L. Clark, H. M. Kidd, Joseph K. Goodman, James A. Radcliffe Staff: John J. Hawley, Town Manager David Warburton, Town Attorney Dave Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council John White, Economic Development Director Gary Roche, Police Chief Bill Pedigo, Town Engineer Tyler Breeding, Engineering Tech Others: Lori Kroll Randall Hancock Gary McCollum Judith Pule Robert Hiss Peggy White Rhonda Hudson Nick Glenn Sharon Gray Betty Quesenberry Shawn Utt Melinda Williams, Press Mike Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilwoman Steele led the Pledge of Allegiance and Councilman Goodman gave the invocation. Mayor Worrell welcomed the visitors to the meeting. He introduced Tyler Breeding as the Employee of the Month for August 2012. He read a press release aloud and presented Mr. Breeding with the award. He advised that in addition to receiving this award, Tyler 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 Public Hearings. Mr. Quesenberry advised of a request for a special exception at 69 West Main Street to allow apartments as a part of a building containing offices, commercial or retail uses in the B-3 Central Business District. He noted that the second floor of the property had not been used as an apartment while the current zoning ordinance has been in effect. Therefore, an apartment could not be grandfathered in under the current zoning regulations. He added that the Planning Commission had recommended approval of the request as submitted with no additional conditions to be applied. Mayor Worrell opened the Public Hearing at 7:05 p.m. There being no comments from the Public, the Hearing was closed. Following discussion, Councilman Clark moved to grant the special exception and directed staff to prepare the proper paperwork for no more than three apartments at 69 West Main Street. Councilman Goodman seconded the motion and carried on the following recorded vote: Page i of 8/September 4, 2012 ~ieyviy ~,. ~aoi nyv flavirl 1 (nark - Ava Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye wacNn n. vuuw nail r~yc lamas A Ratirliffa - Ava H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye Mayor Worrell moved on to the Public Comment Period. Sharon Gray addressed Council complaining of vultures in the Kersey Bottom area. She advised that the vultures had been progressively getting worse in the last three years. She described the destruction the vultures were causing to her property and others in the area including damage to vehicles, roofs, siding etc. She reminded Council that because of the code prohibiting firearms in the Town, they could not even shoot at the birds to scare them off. She advised that she had recently been told by the Montgomery County Health Department that she had contracted salmonella. She noted that salmonella was one of the diseases carried by vultures. She also stated that the Health Department instructed her not to allow her child to play outside in the yard as they could be infected as well. She added that the Health Department had advised that they would be sending a letter to Town Council alerting them to the problem. Mayor Worrell thanked Ms. Gray for her comments and advised that an update had been scheduled for later in the meeting. The next item on the agenda was the Consent Agenda. Councilman Clark moved to adopt the consent agenda consisting of the minutes of the Town Council meeting held August 7, 2012 as written. The motion was seconded by Councilman Goodman and carried on voice vote. Mayor Worrell moved on to Project Updates Mr. Hawley advised that the presentation of the "Dora Highway Rehabilitation Project" at this year's ' Department of Housing and Community Development workshop was well received. He added that another applicant had come forward requesting help in joining the Dora project. Regarding the tornado CDBG update, Mr. Hawley advised that the Programmatic Agreement with the DHR had been approved and returned to the Town and County. He noted that construction should begin to pick up speed throughout this area of the project. Mr. White advised that steady progress was being made on the Museum building and the train set. He summarized some of that progress. Mr. Hawley added that staff wished to request a $5,000 grant from the C. E. Richardson Benevolent Trust to continue the outfitting of the Museum and he requested that Council support that application. Councilman Clark moved to direct staff to apply for a C.E. Richardson grant application for the Museum. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye Mayor Worrell moved on to Water Treatment Plant upgrade financing. Mr. Hawley advised that the Town received a letter from the Virginia Department of Health offering a funding package of a $2,322,328 loan at 2.5% for 30 years and $409,823 in principal forgiveness for Water Treatment Plant upgrades. He noted that these numbers were based on the Draper Aden Associates Preliminary Page 2 of 8/September 4, 2012 Engineering Report (PER) that was reviewed by Council in the spring. He noted that this future debt would be covered by reallocation of the current debt for the radio read meters. Lori Kroll of Draper Aden felt that the offer was fair and noted that it included forgiveness of about 15%. ' Gary McCullom summarized some of the problems at the Water Treatment Plant that needed improvement including that the equipment was old, and that it needed sludge disposal improvements. Councilman Clark moved to direct staff and the consultant to work with the Virginia Department of Health to execute the proper paperwork for the initial funding process. Councilman Kidd seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye Mayor Worrell moved on to Old Business. The first item for discussion was Kersey Bottom vultures. Mr. Hawley advised that Council had received emails from the Police Department providing updates on the costs and procedures required to obtain permits and permission to deal with the vultures. He added that he had been in contact with the attorney for Nanochemonics, who agreed to ask the owners of the property to help with the expense since the vultures were roosting on their abandoned property. Chief Roche advised that his staff was trying to get the permits approved by the government. He noted that it would take some time to get these approvals. He reviewed some of the criteria involved. He added that once ' all the permits were in place it was going to be very noisy for the public and would probably take approximately two weeks and then would have to be repeated for several years in a row until the birds changed their habits. Councilman Goodman asked if staff could try to expedite the permits? Mr. Hawley advised that staff was following the procedure as presented to them. Councilman Goodman commented that for some federal processes there was a fast track process, which might take the form of some money. He felt it would be worth looking into. Chief Roche advised that his staff had not seen anything referring to a fast track process. Ms. Gray interjected that if the permitting took two months, the chances were that the vultures would be gone for this year as once the weather started getting cold, the birds left. She wondered if the permits would have to be re-filed next year? Mayor Worrell asked staff to research some of the items available on the Internet purported to help with the vultures and provide them to the public. Chief Roche commented that cannons could be acquired and set off without a permit now. He emphasized that the noise would be great and that the public would need to be made aware. The consensus of Council was for staff to acquire the cannons and use them now. Additionally, Council asked to be updated regularly on the process. Councilman East encouraged weekly phone calls to the agencies for the permitting process. Page 3 of 8/September 4, 2012 .._ , ,_...~_.. _~..:__a .ti....~e nie.., o~.,e. v~uo~ P~anninn nictrirt Commission had developed a scope of Mayor Worrell moved on to East Main StreeURoute 99 Retail Feasibility Study. Mr. Hawley advised that the New River Valley Planning District Commission had developed a scope of services to analyze the East Main StreeURoute 99 area for retail development. This had been included in the packet for Council's review. Councilman East noted that the paperwork showed the estimated completion date to be in October 2012. He inquired whether that was still the case? Mr. Hawley replied that since the Town was just reviewing the paperwork, he felt everything would run a month behind. Mayor Worrell moved on to Ordinance 2012-11, Revising 86.2 of the Town Code. He noted that this completed action of Council. Following discussion, Councilman Clark moved to adopt Ordinance 2012-11, Revising 86.2 of the Town Code. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye Councilman Clark then moved to adopt Resolution 2012-20, Permitting Limited Use of Subsurface Water by Lewis Gale Hospital-Pulaski. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye The next item on the agenda was selection of two members for Intergovernmental meeting. Mayor Worrell advised that Council discussed this previously. He noted that the County had appointed two of their Supervisors, Mr. McCready and Mr. Bopp to the Committee. He continued that Council needed to appoint two Council members to the Committee. Councilman Clark and Councilman Goodman volunteered to serve on the Committee. Mayor Worrell advised that he had forgotten an item that he wished to include in the meeting. He asked Councilman Radcliffe to speak to the matter. Councilman Radcliffe responded that the topic involved the Police Chief and since he was not currently in the meeting, he wished to wait. Mayor Worrell moved on to New Business. The first item was an appointment to the Tornado CDBG Management Team. Mr. Hawley advised that Ms. Julia Kriss had agreed to serve on the Committee. Councilman Kidd moved to appoint Julia Kriss to the Tornado CDBG Management Team, seconded by Councilman Clark and carried on the following recorded voice: Page 4 of 8/September 4, 2012 ^r~ .+~ae n n. ~ooaman - H e David L. Clark -Ave .lamas D R~lirliffc _ A..e Heather L. Steele -Aye H. M. Kidd Gregory C. East -Aye Joseph K. Goodman David L. Clark -Aye James A. Radcliffe The next item for discussion was Council appointments to GPA. Mayor Worrell advised that the by-laws of the GPA mandate that a perms Town Council. -Aye -Aye - Aye inept director must be a member of Mr. Hawley noted that the next meeting was scheduled for Thursday, September 20 at 7:00 p.m. at the Train Station. There being no volunteers, Mayor Worrell decided to take this up at the next meeting after Council had timE to review their calendars. Mayor Worrell moved on to the appointment to NRV Agency on Aging. Mr. Hawley advised that Ms. Lydia Hickam was the current representative on the New River Valley Agency on Aging and that she had agreed to serve another term. Councilman Goodman moved to appoint Lydia Hickam to the New River Valley Agency on Aging. The motion was seconded by Councilman Clark and carried in the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye Mayor Worrell noted that Council would consider the Alternate for the New River Valley Agency on Aging at the ' next meeting. Next, Councilman Radcliffe advised that Chief Roche had been appointed Second Vice-President to the Chief of Police Association of Virginia. He congratulated Chief Roche on his accomplishment. The next item for consideration was grant application for Virginia Locality stormwater Program. Mr. Hawley advised that at the August 17, 2012 meeting of the New River Valley Local Government Managers, discussion ensued regarding asking the Planning District Commission to pursue a regional Department of Conservation and Recreation grant for funds to help local stormwater programs evaluate their ability to meet the state mandates. He noted that information from that meeting had been included in the packet for Council's review. He added that if Council wished to participate in the regional grant, a letter of support needed to be mailed. He noted that a draft letter of support had been included in the packet for Council's consideration. Following discussion, Councilman Clark moved to support the New River Valley Planning District Commission grant application to the Virginia Department of Conservation and Recreation for the Virginia Locality stormwater Program and allow the Town Manager to execute the letter of support. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye ' Mayor Worrell moved on to the Chamber of Commerce presentation for the Pulaski Farmer's Market. Page s of 8/September 4, 2012 discuss their interest in taking over me ruiasKi rarmeis rvieino~. ~ ~~ a..~~~ . ~ ~r•---••- _. .... _.__ _ __ _ ._.__~ ..~........~ b..,.~rlrcm Cni ~nril Mr. Hawley advised that he, Councilman East and the Mayor met with staff of the Chamber of Commerce to discuss their interest in taking over the Pulaski Farmers Market. He added that representatives of the Chamber of Commerce were present to address Council. Peggy White, Director of the Chamber of Commerce, addressed Council and informed them that their ' Executive Board had already discussed and approved the Chamber taking over the Pulaski Farmers Market. They proposed that they take over the Farmer's Market and move it back to the Train Station. Additionally, they proposed to establish criteria for participants and a fee structure and schedule for vendors, and explore non-traditional days and hours from the first of May until the end of September. They had more plans in mind but wanted to make sure of Council's approval before going further. They proposed a two year contract at five thousand dollars a year to manage the Farmer's Market and get it up and going. There being no questions from Council, Mayor Worrell thanked Ms. White for the presentation and advised that Council would have further discussion with staff and other folks before making a decision. Mayor Worrell moved on to the PSA capacity in Pump Station Mr. Hawley advised that staff and Draper Aden had been working on the bid for the Dora and Wurno Pump Stations. He added that during this process, the County Public Service Authority (PSA) had been involved because a 1985 maintenance/construction agreement with the PSA allocated capacities for flow. Therefore, PSA would be responsible for debt service for both pump stations. He advised that the Authority was planning to ask Council to reduce their capacity at the Pump Stations. He added that the Town did not as yet, have a written request to modify the agreement. Following discussion, the consensus of Council was that if the County made a formal request, Council would consider it. Councilman East asked the Mayor to move back on the agenda to the Chamber of Commerce presentation regarding the Pulaski Farmers Market. He inquired what the next step was? He stated that "we've had the discussions regarding the Chamber managing our Farmer's Market. They've given us a brief overview of what they'll need in order to move forvvard. We've not voted officially on anything". He stated that his question was where are we and what's our path forward? Mayor Worrell responded that he should have made himself clearer on that. He continued that what he'd like to do is to hear from the Greater Pulaski Alliance and the staff thoughts and ideas before a Council vote. Councilman East commented that "in our discussions with the Chamber before we involved them, it was my understanding the full intent was to move forward with the Chamber of Commerce and not to drag this out any longer than necessary". He continued "I would like to, if we need to go to a vote, to go ahead and allow the transfer of management or allow the Chamber to manage the Pulaski Farmer's Market and I would move that we do so". Mr. Hawley interjected that if Council was going to do that, they would need to appropriate $5,000 for that, because the $5,000 that was already appropriated was designated for GPA. Mr. Warburton interjected that there was a motion on the table and a second was needed before discussion. Mayor Worrell asked Councilman East to restate his motion for clarity. Councilman East moved that the Chamber assume management of the Pulaski Farmers Market. Councilman Radcliffe seconded the motion. Councilman Goodman interjected that right now we have $5,000 set for GPA. Correct? Page 6 of 8/September 4, 2012 Mr. Hawley responded there was a line item in the budget for $5,000 for GPA. That was correct. Councilman Goodman advised that he was hoping that the Chamber of Commerce would be able to assume responsibility for the Farmer's Market for $4,000 so that there would still be money in that line item to be used as seed money for GPA to help them regrow. He added that before handing this over to the Chamber, a price had not been discussed. Councilman East responded that was a good point. Mr. Hawley advised that some of the funds had already been spent from that line item, specifically for a Main Street Essentials Workshop in Marion. He added that Mr. Glenn had volunteered to attend the workshop and interest had been expressed from another GPA member as well. This would be funded from the GPA line item. Discussion ensued regarding the amount that would be left in the line item after this Workshop and the need for funds for GPA to utilize to grow. Councilman East asked the Chamber representative present, if there was an amount less than $5,000 that the Chamber would accept? Robert Hiss, incoming Chamber president, responded that the Chamber could accept $4,000 the first year and $5,000 the second year. Councilman East continued that "the point was to allow the Greater Pulaski Alliance to restructure itself, reorganize itself and become a viable entity", so some monies needed to be in the line item for their use. ' Councilman East then modified his motion to include the transfer of $4,000 from the GPA line item to the Chamber for the Farmer's Market. Councilman Radcliffe seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye At 8:15 p. m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711 (A-5), Discussion concerning a prospective business or industry or the expansion of an existing business or ihdustry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye At 8:25 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: Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye Page 7 of 8/September 4, 2012 Dawn Crawford for Flowers By Dreama Dawn. Councilman Goodman moved to approve a UDAG loan in the amount of $12,670 at 5% for 5 years to Dreama Dawn Crawford for Flowers By Dreama Dawn. Councilman Clark seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye There being no further business, the meeting adjourned on motion by Councilman Goodman, seconded by Councilman Clark and carried on voice vote. ~i2%LO'~~ Approved: Jeffrey S. Worrell, Mayor Page 8 of 8/September 4, 2012