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HomeMy WebLinkAbout01-08-13the Municipal Building: ..,,,,,.,as of the Town Council meeting held Tuesday, January 8, 2013 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 Anthony Meredith, Police Captain Others: Scott McElfresh Janet Golden Betty Quesenberry Richard Hall Clyde R. Conner J. R. Schrader Nick Glenn Kenneth Myers Mike Williams, Press Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilwoman Steele led the Pledge of Allegiance and Councilman East gave the Invocation. Following roll call, Councilman Clark moved to add to the agenda under Old Business, item 12c, Ordinance 2013-02, Closing Of A Portion Of An Alley In The 800 Block Of Jefferson Avenue. 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 -Abstain David L. Clark -Aye James A. Radcliffe -Aye The first item on the agenda was the Planning Commission report for 2012. Mr. Quesenberry reviewed the report for Council. Councilman Clark moved to adopt the Planning Commission Annual Report. The motion was seconded by Lbuneilman Goodman 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 Next Mr. Quesenberry reviewed the 2012 annual report for the Housing Board of Adjustment and Appeals. Councilman Clark moved to adopt the Housing Board of Adjustment and Appeals Annual Report For 2012. Councilman Goodman 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 Mr. Quesenberry reviewed the Board of Zoning Appeals Annual Report For 2012. Page 1 of 7/January 8, 2013 Goodman seconded the motion and carried on the following recorded vote: Councilman Clark moved to adopt the Board of Zoning Appeals Annual Report For 2012. Councilman Goodman 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 N1r.~ Quesenberry reviewed the Architecture Review Board Annual Report For 2012. Councilman Clark moved to adopt the Architecture Review Board Annual Report For 2012. 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 Public Hearings. The first Hearing was in regard to proposed zoning amendments regarding bakeries in the B-1, B-2 and B-3 Business Districts. Mr. Quesenberry advised that a potential investor was interested in opening a retail bakery in Town which in addition to selling on site would also sell its goods at retail on college campuses from a vending truck. An ensuing check of the zoning ordinance for the B-3 district in which he was proposing, required that all goods produced had to be sold on site. He added that following research and discussion, the Planning Commission, recommended that Section 409.2-3, Section 410.2-7, and Section 411.2-3 be amended to simply read "bakeries". Additionally, that bakeries should be defined as "an establishment engaged in the preparation and production of baked goods for consumption and sale both on and off the premises, which shall not exceed 3,000 square feet in floor area. Mayor Worrell opened the Public Hearing at 7:13 p.m. There being no comments, the Hearing was closed. Councilman Clark moved to direct staff to prepare paperwork following the Planning Commission recommendation. Councilman Goodman 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 The next Public Hearing was in regard to a request for rezoning church property at 955 Memorial Drive from R- 1Residential District to B-1 local Business District. Mr. Quesenberry explained that the First Pentecostal Holiness Church applied to have its property at 955 Memorial Drive rezoned B-1 Local Business District. The rezoning was requested due to the restrictions on signage in its current zoning of R-1. The church wished to install a larger sign than allowed in the R-1 district. He added that the residents of the property adjacent to the church were not in favor of the rezoning. He holed that the Planning Commission conducted public hearings on October 9, 2012 and November 13, 2012. Due to the Thanksgiving holiday, the date of the church board meeting and the date of the Planning Commission meeting, the sixty day period for the Planning Commission to issue a recommendation on the application lapsed two days before the Commission was to meet on December 10`". Consequently, under Section 702.5-2 the matter had to go to Town Council, with the proviso that the Planning Commission was deemed to have approved the proposed rezoning. Mr. Quesenberry noted that subsequently, he had been told that the church Page 2 of 7/January 8, 2013 ~.,,.. , was receptive to a split zoning compromise with the back one hundred feet of the church property to remain R-1 and the rest to be rezoned to B-1. Following questions from Council, Mayor Worrell opened the Public Hearing at 7:25 p.m. ' Richard Hall, Church Administrator for First Pentecostal Holiness Church, addressed Council speaking for the Church. He reviewed the reason for the rezoning request and presented a packet of information to Council. There being no further speakers, Mayor Worrell closed the Hearing at 7:35 p.m. Extensive discussion ensued resulting with the item being tabled until the next meeting 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 Mayor Worrell moved on to the Public Comment period Scott McElfresh of the 4-H Pulaski Extension office, addressed Council regarding the use of the greenhouses on Dora Highway. He wished to revive the greenhouses as a community involvement program. His plan called for residents starting plants from seeds in the greenhouses to later plant in the garden and utilizing the greenhouses to grow through the winter. The produce could be sold at the Farmer's Market and possibly to the restaurants in the area. He hoped to use volunteers, fundraisers and grants to help provide the materials and labor to get the greenhouses up and running. Following discussion, the consensus of Council was for staff to continue to work with Mr. McElfresh on his project. ' The next item on the agenda was the Consent agenda. Councilman Kidd moved to adopt the Consent Agenda consisting of the Council Minutes of December 4, 2012 as written. Councilman Clark seconded the motion and carried on voice vote. Mayor Worrell moved on to Project Updates. Mr. Hawley provided an update on the Dora Highway project including that the 18'" rehab was being prepared for bid. He noted that we only need one more rehab to meet the goal. Regarding the Tornado CDBG update, Mr. Hawley advised that construction stayed active on the on-going project houses during the holidays. Moving on to the Museum update, Mr. Hawley advised that the Museum building contracted by Price Construction was complete and lighting had been installed by staff. He added that draft storyboards that can be used to tell the history of the Town had been included in the packet for Council review. He noted that the number of storyboards finalized would depend on the available funds. He added that he had thought the opening and dedication would be around the first of May, but it looked like it would be earlier than that. Regarding the dropsite, Mr. Hawley advised that in order to have a recycling area at the dropsite, it had to be rezoned. A rezoning request had been scheduled for the February Planning Commission meeting. Moving on to the Iron Bridge Trail, Mr. Hawley advised that staff had been working with Whitman, Requardt ' and Associates, LLP, who had offered to evaluate at no charge, the back wall of the channel where the trestle is supported. Page 3 of 7/January 8, 2013 „ •• •••,•• " - _--'-- _._a..,. .... ...,.1'n,,rnnec of riPVPlnnino a The next item on the agenda was Joint Dispatch. Mayor Worrell reminded Council that last fall they had passed a motion stating in part "purpose of developing a possible contract allowing the Town of Pulaski to purchase all police and fire dispatch services from the 'County". He advised that since that time, staff had been meeting with the County and it had evolved from discussion of a contract to a method operating under a board or committee. This change in direction of the discussion meant that staff was no longer doing what Council had directed in their motion. Mr.' Hawley added that it had become apparent with the preliminary discussions that the initial costs were going to be high and that a minimum of 5 years would have to be reviewed for expenditures and savings. Mr. Goodman commented that Council needed to modify the original motion so that staff had the direction to know that they could look at the possibility of a contract or establish the joint dispatch committee. Mr. Goodman moved to direct the Town Manager and the Chief of Police to continue negotiations with the appropriate representatives of the County of Pulaski for the purpose of developing a possible contract or joint operations committee to allow the Town of Pulaski to purchase or coordinate all police and fire dispatch services from the County. Councilman Clark seconded the motion. Councilman East clarified that if the joint operations committee version of the study became cost prohibitive, staff would default to the purchase of services. Mr. Warburton replied that Council was not committed to either one. Councilman East commented that it does not exclude either one and there was still a motion that says either/or. ' Mr. Warburton replied that right now there was no direction recorded by Council of anything other than purchase. The motion on the table allowed and required staff to pursue both avenues and Council would then decide whether either one or neither one was acceptable to the Town. He noted that it did not commit Council to either one. Councilman East stated that the original intent was to determine what the cost of purchasing services would be, which by the early accounts would have been the least expensive way to go. He noted that out of the discussions, he wanted to see what the costs would be over a five year period for a committee type organization, but also what the costs might be for purchase of services. Mr. Hawley advised that it would not cost less to have a joint operations committee, but staff was trying to arrange the best services for the Town residents. Councilman East agreed that the Town residents deserved the best services available to them. However, he noted that the original motion was to have the costs associated with purchasing services and he saw no reason why that could not continue to be pursued along with the joint operations committee avenue so that they could compare and see what was in fact best for the community. Councilman Goodman interjected that the motion he made only added about eight words to the original motion. The purpose was only to allow staff additional leeway to look at the joint operations committee as well as look at the purchase of services. Councilman Radcliffe clarified that if the joint operations committee failed, Council would back up to the original ' motion. Councilman Goodman agreed. Page 4 of 7/January 8, 2013 The motion then 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 was engineering design contract for Water Treatment Plant upgrade. Mr. Hawley advised that Draper Aden Associates had been selected to do the final design of the Water Treatment Plant upgrades. The Total fee was $230,172 and this cost would be rolled into the Virginia Department of Health loan package. He noted that Council needed to authorize the execution of the contract with Draper Aden. Councilman Clark moved to authorize the Town Manager to execute the contract with Draper Aden Associates. 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 for consideration was Ordinance 2012-17, Revising Penalties and Sound Ordinance In Town Code. Mayor Worrell noted that this had been tabled at the last Work Session in order to give Council time to review the document. He added that in order to hold a discussion of this Ordinance, it had to be untabled. Councilman Goodman moved to untable Ordinance 2012-17, Revising Penalties and Sound Ordinance In Town Code. 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 Councilman Clark moved to adopt Ordinance 2012-17, Revising Penalties and Sound Ordinance In Town Code as written. Councilman Kidd 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 for consideration was Ordinance 2013-02, Closing A Portion Of An Alley In the 800 Block of Jefferson Avenue. Mayor Worrell advised that this completed action requested by Town Council. He noted that this had been added at the last minute to the agenda. He felt it should be tabled until the next regularly scheduled meeting. Councilman Clark moved to table Ordinance 2013-02, Closing A Portion Of An Alley In the 800 Block Of Jefferson Avenue until the next regularly scheduled meeting. Councilman Kidd seconded the motion and carried on the following recorded vote: u Page 5 of 7/January 8, 2013 GreporV C. East .,.. -Ave ......... Joseph K. Goodman ~,y.. -Abstain Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Aye Joseph K. Goodman -Abstain David L. Clark -Aye Mayor Worrell moved on to New Business. James A. Radcliffe -Aye The first item was a sample letter/Resolution for Crooked Road National Heritage area. Mr. Hawley advised that a draft letter and Resolution that the Crooked Road had prepared to support the proposed designation of a Crooked Road National Heritage Area had been included in the packet. He noted that the Crooked Road would be asking for a Resolution or Letter of Support formally in the spring to go with their application. He added that if Council needed additional information to be able to support or not support the request, staff would gather the information. Councilman Goodman advised that he would like to know more about the language that North Carolina used in their support of the project. The next item on the agenda was GPA Financial Reports. Mr. Hawley advised that a copy of a letter to Greater Pulaski Alliance had been included in the packet for Council's edification. He noted that a follow up meeting was to be scheduled in the near future. Councilman East inquired whether the Town had guidelines that govern the policies regarding non-profit organizations and Town contributions to such organizations? Mr. Hawley replied that he was not aware of any formal guidelines. He noted that historically, the non-profit ' groups had submitted funding requests for Council to consider. Additionally, the organizations provided an annual report which is filed with the Finance Director. Councilman East felt that any time the Town allocated taxpayer money to any organization, Council should have a full understanding of the organization they are allocating it to. He requested that staff put together some guidelines that could be reviewed by Council at the February Work Session. He offered some guidelines that he had from another location. At 8:54 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711 (A-1), Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointmeht, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. 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 9:15 p.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 -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye Page 6 of 7/January 8, 2013 Following ,,,,,.., ::layor Worrell discussed with Council whether Council wanted to move the next Council Work Session. Following discussion, the consensus was to hold the Work Session on its regularly scheduled day of January 15, 2013. There being no further business, the meeting adjourned at 9:18 p.m. on motion by Councilman Goodman, seconded by Councilman Clark and so carried. A roved: `zyB'~~ Pp effrey S. Worrell, Mayor u Page 7 of 7/January 8, 2013