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HomeMy WebLinkAbout10-16-12Minutes of the Town Council meeting held October 16, 2012 at 5:00 p.m. at the Train Station, 20 South Washington Street, Pulaski, Virginia. Present were: Jeffrey S. Worrell, Mayor Council: Heather L. Steele, Gregory C. East, David L. Clark, H. M. Kidd, Joseph K. Goodman, James A. Radcliffe Staff: John Hawley, Town Manager Patricia Cruise, Clerk of Council David Quesenberry, Asst. to the Town Manager David Warburton, Town Attorney Gary Roche, Police Chief Tony Meredith, Police Captain Dave Hart, Parks and Facilities Director John White, Economic Development Director Sherry Boyd, Finance Director Kim Caudill, Administrative Manager Dave Cook, Water and Sewer Superintendent Brandon Saunders, Crew Leader Angie Trail, Utility Billing Clerk Others: Janet Golden Angie Trail Nick Glenn Clark Payne Mike Williams, Press Melinda Williams, Press Mayor Worrell called the meeting to order at 5:00 p.m. and welcomed the visitors to the meeting. ' Councilman Radcliffe moved to add item 8d, consideration of purchase of dump trailer and item 8e, update on drop site on Lafayette Avenue. Councilman Kidd seconded the motion and carried on voice vote. Councilman Clark moved to adopt the Consent Agenda consisting of the September 18, 2012 Council minutes as written. Councilman Goodman seconded the motion and carried on voice vote. The next item on the agenda was Employee of the Month. Mayor Worrell introduced Brandon Saunders of the Public Works Department. He read Mr. Saunders press release aloud and advised that in addition to the honor of receiving the award, he would receive an additional paid day off from the Town and would be eligible for the Employee of the Year Award at the end of the year. Mayor Worrell moved on to Virginia Main Street Essentials. Nick Glenn continued a presentation he had begun at the last meeting. He gave each Councilperson a driving tour brochure put out by the state for certified communities. He noted that most of the communities involved were smaller communities. Additionally, he distributed a Memo prepared in 2006 by John White, the Town Economic Development Director, describing where the Greater Pulaski Alliance started and how it has evolved over the last two decades. He noted that he was waiting for a return call regarding requirements for certification of the Virginia Main Street program and would present that information at the next Council meeting. At that time, he planned to present a packet of information regarding what certification requires and what certification provides to help Council determine whether the Town wished to join the program. The next item on the agenda was Public Operations. Regarding Short Term Goals relating to Pulaski Furniture, Mr. Hawley advised that Mr. Pedigo and Mr. WhRe met with Mr. Schwarz last month after the arrival of a crane. The expectation had been that the crane could be used to remove the pipe encroaching on Town property. It was determined that the crane's owner knew October 16, 2012/Page 1 of 7 provlae a pace quote per Hour or esornaie auout now luny uie cnuiva~iuiicni N~~tc~.~ ~~~~y~n Banc, ~ an vn~ca ~o a ........... .....~.In1 .e.,..L. •Me nine Ar7rli4inn el hi Mr Srh~u~rv ma`ta if clear that he wanted Tnwn emnlnvees to nothing about the possible use of the crane. In fact, the owner of the trance was not around to be able to provide a price quote per hour or estimate about how long the encroachment project might take, nor whether the crane would reach the pipe. Additionally, Mr. Schwarz made it clear that he wanted Town employees to cut the metal beams of the pipe prior to it being loaded and wanted to retain the profits from the sale of the ' metal. He also wanted the Town to pay all of the costs of the project. Mr. White confirmed Mr. Hawley's comments regarding Mr. Schwarz and his plans for the pipe encroaching on Town property. He added that Mr. Schwarz was not charging the Town for storing Hardiplank owned by the Town. Mr. Hawley inquired whether Council wished to pay for the removal of the pipe or have staff continue to negotiate with Mr. Schwarz to improve the site? Councilman Goodman inquired into the cost to remove the pipe? Mr. White estimated that the cost would be $4,000 to $5,000 for the machinery alone. Councilman Goodman inquired why Mr. Schwarz was not responsible for the removal of the pipe since he purchased the property? Mr. Warburton advised that the contract and Ordinance allowing the encroachment, required the owner of the property at that time, Pulaski Furniture, to remove the pipe if it ceased operation. In 2007, when Pulaski Furniture ceased operations, no action was taken. He continued that when Mr. Schwarz bought the property, he bought the liabilities that come with the property, but did not become Pulaski Furniture. He advised that Pulaski Furniture has successors in business, Home Meridian in Phoenix Arizona. He opined that the Town did not have an effective way to force Mr. Schwarz to take the pipe down through legal action. Following discussion, the consensus was for Mr. Schwarz to be told that the Town was not interested in ' sharing the cost. Additionally, the consensus was for Mr. Warburton to contact Home Meridian, the successors to Pulaski Furniture, to see if they would to take down the pipe, as it was mandated in their contract before they closed. The next item for discussion was Route 11 corridor Mr. Hawley summarized the progress on the Route 11 corridor and specifically, the Museum. Regarding volunteer short term goals, Chief Webb advised that emails had been sent to the listed volunteers advising of some projects they could participate in and a cleanup morning had been held in the Town. Additionally, Chief Webb added that work would continue on the organization and bylaws. From the public, Nick Glenn advised that his daughter was in contact with other volunteer groups that might also wish to serve the Town as volunteers. Mayor Worrell moved on to consideration of purchase of dump trailer. Mr. Hawley advised that Councilman Radcliffe approached him about the possibility of obtaining a dump trailer to assist with debris removal from razed structures in Town in lieu of hiring a contractor. Councilman Radcliffe added that if the Town had a dump trailer, they could raze a building and load the dump trailer and go immediately to the dump. Staff would not have to wait for a roll off to be available. He suggested' that the Town and County could purchase and share the trailer, saving both entities money and time. October 16, 2012/Page 2 of 7 FOIIOWInp discussion. the COnSenSUS Of COUnCII was fnr staff to na}har infnrm~hinn mnnrrlin......01~ .,...~ ., s.......,..i Mr. Hawley added that in emails with the County, a need for a cutting torch was noted. Following discussion, the consensus of Council was for staff to gather information regarding costs and a formal request be sent to the County and the Pulaski Service Authority asking for participation in the cost. ' The next item for discussion was an update on the drop site on Lafayette Avenue. Mr. Hawley advised that the land transfer was completed and recorded on September 7. He added that a portion of Lafayette was paved. He noted that the next step would be to prepare a preliminary design and a cost estimate. Mayor Worrell moved on to Finance. The first item was budget revenue and non-repeating costs. Mr. Hawley advised that a list of expenditures in the 12/13 budget that would not reoccur in the 13/14 budget had been included in the packet. He noted that these funds could be reallocated to other areas of the 13/14 budget. Next, Mr. Hawley summarized the history regarding the Town going to permanent decals in 2009/2010. He advised that since that time, Ms. Boyd had noticed an increase in delinquencies. Ms. Boyd advised that since the Town went to a permanent decal and the decal fees were added to the personal property tax tickets as a vehicle license fee, she had seen an increase in delinquencies. She pointed out that when the decals are on cars, the Police Department is able to help with enforcement. She recommended that Council go back to the annual decal. Chief Roche agreed with Ms. Boyd and her recommendation. Following extensive discussion, the consensus was for staff to gather the DMV costs and the costs to upgrade the Finance Department software, and return to Council with the information. Additionally, staff was to send a request inquiring what the trend for percentages of collection were statewide. Mayor Worrell moved on to water connection related fees. Mr. Hawley advised that staff was recommending some changes to the water connection related fees. A summary had been included in the packet for Council's review. Ms. Boyd reviewed the summary for Council. During extensive discussion, Council had questions regarding the potential changes to the utility cut-off and cut-on fees. Council asked staff to review the fees and make sure that the fees covered the costs. This information was to be returned to Council for the possible scheduling of a Public Hearing in the future. Following further discussion of the remainder of suggested revenue increases in Utility fees, Ms. Boyd asked Council to accept the changes and make them effective January 1, 2013. Councilman East requested that staff provide a projected annual revenue estimate from the increases in fees proposed by staff. Ms. Boyd advised that she could estimate the connection fees and could provide a very rough estimate of the 'remainder of the fees. October 16, 2012/Page 3 of 7 u icy ~.wci a~au unit VVala. The consensus of Council was for staff to review all of the fees to be upgraded or implemented and make sure they cover staff time costs. Mayor Worrell moved on to General Fund fees. ' Mr. Hawley advised that this was an opportunity to get everyone thinking about fees that were currently in the budget that could be increased or fees that could be initiated. He listed several fee options that could be added. Chief Roche suggested some fees in the Police Department that could be increased. Mr. Hawley suggested that staff prepare a list of recommendations for fees that could be increased or added in 2013. The Mayor agreed with Mr. Hawley. Councilman Goodman suggested that all Town fees be reviewed to make sure that the fees match staff time costs. Councilman Goodman inquired whether there was a registration fee for delivery vehicles in Town? Chief Roche responded that he was not aware of any legislation for that. He added however, a license could be required for mopeds. Councilman Goodman felt that it would be nice to require helmets and registration for mopeds. He felt it was a safety issue. The consensus of Council was for staff to prepare a list of recommendations for fees that could be increased or' added in 2013. Mayor Worrell moved on to Gatewood Store. Mr. Hawley advised that Council had some questions at a previous meeting regarding Gatewood Store. He noted that Mr. Hart had provided a report for Council's review and was available to answer questions from Council. Mr. Hart reviewed his report showing expenses and revenue for the store. Councilman East inquired whether adding a swimming option might increase the occupancy rates. During discussion, Council suggested asking the National Forest Service whether they would allow the Town to utilize a portion of the Forest adjoining Gatewood for parking and a possible area to throw Frisbees or some similar recreational activity. Additionally, they suggested that staff offer a survey to all Gatewood users and possibly include the survey on the Town website. Another item that was discussed was the need to upgrade the bath facility. At 7:12 p.m., Mayor Worrell called for a ten minute recess. Mayor Worrell reconvened the meeting at 7:22 p.m. The first item was discussion of current and future vacant positions. , This topic had been raised at the last Council Work Session and staff had researched and returned with information for Council. October 16, 2012/Page 4 of 7 Councilman East asked the Town Attorney whether Council could call for a hiring freeze? Mr. Warburton responded that Council could do so, but requested that it be as a budget issue. ' Mr. Hawley advised that he and the department heads already discussed each position as they became available to determine if it was necessary to fill it. Mayor Worrell advised that he was comfortable with the way the issue was being handled, with staff reviewing each position as it became available. Councilman East commented that it was not his intent to micromanage, but to manage through attrition and thereby avoid layoffs or tax increases next year. Councilman Goodman confirmed with Councilman East that the goal was to avoid the possibility of layoffs at the end of the budget year. Councilman East responded in the affirmative and added to avoid tax increases next year. Mayor Worrell reiterated that he was comfortable with staff handling the issue as they presently were Councilman Goodman advised that he was cautious about calling for a hiring freeze, but, he understood Councilman East's point. However, he wished to complete the budget discussions to see if there was any other way to balance the budget without a tax increase. Councilman East commented that he "did not think it was the place of Council or Council's desire to be involved in the hiring process and it's certainly not in our Charter, but it is in our Charter to be responsible for the budget and to put ourselves in the best position that we can and use the citizens money as responsibly es we can". Councilman East moved that any position vacated through resignation, retirement, dismissal or death shall not be filled until consideration after adoption of the 2013/14 budget. Councilman Radcliffe seconded the motion. Mayor Worrell again reiterated that he felt this was unnecessary and was opposed to the motion. He felt there was no gain and that it would hinder the work of the Town employees and staff. He added that the bureaucracy was not needed and that in the end, Council was going to have to rely on the recommendation of staff as to whether to fill the position. Councilman East responded that if a vacancy arose that needed to immediately be filled, Council could call a Special Meeting. Councilman Clark advised that he understood Councilman East's sentiment, however, he felt Council was entering a gray area and he was not in favor of the action. Councilman East noted that he felt this action was necessary to give Council flexibility to see the need to al6er a department. Discussion ensued regarding the meaning of the motion Additional discussion ensued regarding key positions that could become vacant and the resulting effects to the department. Mr. Hawley provided an example of the Fire Department. If one position was eliminated, it would cause the department to go to two shifts rather than three, resulting in a safety issue. October 16, 2012/Page 5 of 7 Councilman East reiterated that a special Council session could be called in that instance. Mayor Worrell called for a vote and the motion failed on the following recorded vote: , Heather L. Steele - No H. M. Kidd - No Gregory C. East -Yes Joseph K. Goodman - No David L. Clark - No James A. Radcliffe -Yes Mayor Worrell moved on to Legislative issues with the first item being consideration of revisions to Section 38- 31 of the Town Code. Mr. Hawley advised that staff was still working on the revisions. He asked Mr. Warburton to provide an update. Mr. Warburton advised that some of the revisions were complete, but those regarding lawn mowers and music were not ready. Following discussion, the consensus of Council was for staff to prepare a draft code revision that they thought was best for the Town and bring it back for Council's review. The next item for discussion was table of penalties in the Town Code. Mr. Warburton suggested that all of the changes to penalties in the Town Code be included in one document. He advised that with the exception of a few items, the document was complete. He asked Council to advise what direction staff should take on the following items: 1. Did Council want to continue with Section 14-3 (a and b) regarding allowing vehicles with live agricultural animals or poultry or animal or poultry carcasses to remain parked in the Town. ' Following discussion, the consensus of Council was to eliminate this item from the table. 2. Did Council wish for it to be illegal to kill a songbird or bird within the Town limits, and that it be a Class 4 offense? Following discussion, the consensus of Council was to include this in the table of penalties. 3. Did Council wish for it to be a Class 4 offense for all businesses and residences in Town to have visible address numbers on their buildings? The consensus of Council was to include this in the table of penalties. 4. Did Council wish to remove the wording for a DUI regarding the Town Code and rely on the state code? Following discussion, the consensus of Council was to rely on the wording for the state code in reference to DUI's. Mayor Worrell moved on to review of fines collected for property code violations Dave Quesenberry reviewed the document included in the packet that showed how other localities were handling property maintenance violations. He noted that the consensus of those who responded to the poll was that the best way to handle the violations was through the court system. Mr. Hawley asked whether Council wished staff to implement a fine schedule or continue to pursue property maintenance issues through the court system. ' Following discussion, no action was taken. October 16, 2012/Page 6 of 7 Mayor Worrell advised that this completed action of [:n. ~n~~i The next item was Ordinance 2012-14 regarding Cluster Housing. Mayor Worrell advised that this completed action of Council. Councilman Clark moved to adopt Ordinance 2012-14, Amending Section 612 of the Zoning Regulations Pertaining To Regulations For Cluster Housing. Councilman Kidd seconded the motion and carried on the following recorded vote: Heather L. Steele -Yes Gregory C. East -Yes David L. Clark -Yes H. M. Kidd -Yes Joseph K. Goodman -Yes James A. Radcliffe -Yes At 8:25 p. m., there being no further business, Councilman Goodman moved to adjourn, seconded by Councilman Clark and carried on voice vote. ~~'.!~~~ Approved: , Jeffrey S. Worrell, Mayor October 16, 2012/Page 7 of 7