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Home My WebLink About12-03-13Minutes of the Town Council meeting held Tuesday, December 3, 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. Ratcliffe Staff: Shawn M. Utt, Town Manager David Warburton, Town Attorney Patricia Cruise, Clerk of Council David Quesenberry, Assistant to the Town Manager Gary Roche, Police Chief Bill Pedigo, Town Engineer Pam Witten, Finance Director Dave Hart, Parks and Facilities Director John White, Economic Development Director Others: Clark Payne Brandon Kruse Desmond Barrett Nick Glenn Charles Wade Josh Tolbert Morgan Welker Shannon Watkins, Press Mike Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Radcliffe led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following roll call, Mayor Worrell welcomed the visitors to the meeting. Councilman Goodman moved to add under Old Business, item 12D, discussion of joint dispatch. Councilman Clark seconded the motion and carried on the following recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye The first item for discussion was Public Hearings. The first Public Hearing was a request for a special exception for apartment as part of a mixed use development at 29 West Main Street. Mr. Quesenberry advised that this was one of three projects which were connected to the overall development plans for West Main Development, LLC. This case involved selling the property to a buyer who was interested in developing the property for commercial, office and residential use. He added that the residential use portion was only allowed by special exception. He advised that the Planning Commission recommended approval of the request. He noted that all three Public Hearing requests were linked as one project, so if Council approved one request, the remainder needed to be approved as well. Mayor Worrell opened the Public Hearing at 7:04 p.m. There being no comments, the Hearing was closed. Councilman East inquired whether the alley behind the property was accessible by the Fire Department? December 3, 2013/Page 1 of 6 Mr. White responded that in a previous meeting, the Fire Chief had stated that in the case of a fire, the fig truck would attack from the front of the building. The next Public Hearing was for a request for a special exception for apartments as part of a mixed use development at 69 West Main Street. Mr. Quesenberry advised that the applicant was interested in developing the property for commercial, office and residential uses. He added that the residential use portion was only allowed by special exception. He noted that the Planning Commission recommended approval of the request. Mayor Worrell opened the Public Hearing at 7:10 p.m. There being no comments, the Hearing was closed. The final Public Hearing was in regard to a request for a special exception at 94 West Main Street allowing apartments as a part of a building containing offices, commercial or retail uses in the B-3 Central Business District. Mr. Quesenberry advised that the owner was interested in developing the property for commercial and residential uses. He added that the residential use portion was only allowed by special exception. He noted that the Planning Commission recommended approval of the request. Mayor Worrell opened the Public Hearing at 7:12 p.m. There being no comments, the Hearing was closed. Councilman Clark moved to direct staff to prepare the proper paperwork granting a special exception at 29 West Main Street. Councilman East seconded the motion and carried on the following recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye Councilman Clark moved to direct staff to prepare the proper paperwork granting a special exception at 69 West Main Street. Councilman Goodman seconded the motion and carried on the following recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye Councilman Clark moved to direct staff to prepare the proper paperwork granting a special exception at 94 West Main Street. Councilman Kidd seconded the motion and carried on the following recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye Mayor Worrell moved on to the Public Comment period. Morgan Welker addressed Council expressing pleasure in the work being done on Commerce Street and around the Maple Shade parking lot. He spoke in favor of the upgrades needed at the Visitors Clubhouse at Calfee Park to maintain the professional baseball standards. He commented that the baseball park provided a good value to the Town and increased community pride. He added that he was against the use of modular units for the clubhouse, as it would not fit the character of the park and also cited the life span of a modular unit versus the lifespan of a stick built building. Additionally, he advised of a few safety and convenience upgrades that needed to be made to the area: 1. He opined that the set of steps that go from the Fifth Street parking lot lower level up to the entrance were dangerous. He commented that he'd watched people trip and stumble on the steps. He suggested perhaps resetting and leveling the stones and installing a hand rail. Another option December 3, 2013/Page 2 of 6 {~e suggested was to pull the steps out and pour concrete steps, while keeping the stone walls to keep the historic character. He continued that at the top of those steps, the bank was very steep and needed to be cut and graded and a real walkway installed. 2. He added that along Pierce Avenue between the end of the outfield wall and the entrance to the Pierce Avenue parking lot, there was a short section of guard rail across from Bunt Street. He felt the guard raction at the end of Piercel Ave nue at Washington Avenue/Route 11 should and that fence. 3. He felt the interse be striped and a stop bar installed and left and right turn markings put in place. The next item on the agenda was Consent Agenda. Councilman Kidd moved to adopt the Consent Agenda consisting of the minutes of the November 5, 2013 Council meeting as written. Councilman Clark seconded the motion and carried on voice vote. Mayor Worrell moved on to Project Updates. The first item was Tornado CDBG update. Mr. Utt summarized the progress on the project. He noted that the final inspection for 804 Highland had been approved. He added that there were still five substantial reconstructions underway in the Kersey Bottom area, two demolitions scheduled to be completed, and that a contract extension request had been approved to ensure adequate time to finish the additional tasks on the project. Regarding the Kersey Bottom/Case Knife Road CDBG Planning Grant, Mr. Utt advised that there were several housing units in the southwest portion of Town that had not been assisted, but might be eligible in the future. He added that with that in mind, a letter had been submitted to the Department of Housing and Community Development requesting consideration of a planning grant to help develop a full construction application for that area. He noted that a notice of pre-approval for $3,000 had been received. He added that with Council's approval, staff would assemble a full planning grant application package. Councilman Radcliffe commented that the proposed area was in a flood zone. He inquired whether any help could be obtained under this grant for a berm or retaining wall? Mr. Utt replied that there were grants available, but questioned whether the timing would work with this grant. He added that these houses would be built higher than the flood zone. Mayor Worrell moved on to old Business. He advised that Council had previously asked staff to provide some additional options to improve the Visitor's Clubhouse at Calfee. He noted that some information had been included in the packet and some additional information had been placed at Council's desk. Mr. Utt advised that another plan to upgrade the Visitor's Clubhouse at Calfee had been drafted for Council's review. He summarized the three plans and reviewed their pros and cons. He noted that if Council wished to proceed, there was a group that was interested in helping with fund raising. He suggested that funds be appropriated to have an architect review the draft plans drawn up by staff and to review the baseball standards to deliver the most cost effective plans for the structure. He felt that the funds received from Comcast to be used for tourist events could be utilized. Following extensive discussion, Councilman Goodman moved to direct staff to continue work on the three options for improving the Visitors Clubhouse at Calfee as well as that Council supports these three ideas moving forward. Councilman Clark seconded the motion. Following discussion, Councilman Goodman withdrew his motion and moved to direct staff to continue work on the three proposals that have been laid out as well as a fourth proposal that uses all of the space in the existing structure and also that Council supports the improvements to the Visitors Clubhouse at Calfee Park. Councilman East seconded the motion and carried on the following recorded vote: December 3, 2013/Page 3 of 6 Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye Councilman Goodman moved to direct staff to use the funds up to $20,000 from the Comcast agreement to hire an architect to review the options for construction of the Visitors Clubhouse at Calfee Park. Councilman Clark seconded the motion and carried on the following recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye The next item on the agenda was Disability update. Mr. Utt advised that the official opt out certification had been submitted to VRS for the local disability program. He added that VACorp had been notified that the Town wished to move forward with them. He noted that the next step would be to develop alternative revisions to the Town's Personnel Policy to meet the new requirements set forth by the changes to the Code of Virginia. He advised that the new disability program would only affect new hires. The remainder of the staff would be under the old policy. Councilman Goodman agreed that the Town needed to revise the Town's Personnel Policy so that all Employees were under the same requirements. Mayor Worrell moved on to Town Volunteer application process. He advised that a final version of the Volunteer application process had been included in the packet for Council consideration. Mr. Utt added that staff had distributed several of the applications and had three returned to date. He hoped to utilize the applicants for several vacancies. The consensus of Council was they liked the form. Councilman Goodman suggested that the words "be case specific" regarding the email address be deleted from the application. The next item on the agenda was discussion of joint dispatch. Mr. Utt advised that Council had postponed a vote on the joint dispatch issue due to Councilman Clark's absence. He noted that the Board of Supervisors took action at their last meeting to authorize staff to proceed with negotiating an operating agreement to be brought back to the Board for approval. He felt that similar action would be appropriate for Council. Councilman Radcliffe moved to authorize staff to proceed with all acts necessary to consolidate the dispatch operations of the Town of Pulaski with Pulaski County. Further, that we ask the Town/County work group and staff to prepare legal documents necessary for the function and operation to consolidate dispatch. Councilman East seconded the motion and carried on the following recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye Mayor Worrell moved on to New Business. The first item was Virginia's First/NRV Commerce Park grading project agreement. Mr. Utt advised that the draft agreement related to the Red Sun Farms grading project, from Virginia's First Executive Director at the New River Valley Commerce Park, had been included in the packet. This agreement December 3, 2013/Page 4 of 6 between Virginia's First, Pulaski County, Giles County, Radford City, Pearisburg and the Town of Pulaski was required by the Pulaski County Industrial Development Authority and their bond counsel and would only become active should Red Sun Farms close and Pulaski County not have the tax revenues related to the Commerce Park to cover the debt me is or anmestimated $7 61 annua ly unt I taxrt'evenuesdwereesuff cient to 4.85% of the new debt service pay cover the debt service payments. Following discussion, Councilma k seconded the mot on and carried on the follow ng ecorded vote to execute the agreement. Councilman Cla Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye The next item on the agenda was graffiti clean-up proposal. Mr. Utt advised that Council was in receipt of a letter from Pastor Desmond Barrett of the New Life Nazarene Church on South Jefferson regarding their proposal to repaint over gang markings within 24 hours of notification by Town officials. He added that the Police Chief had researched and provided a memo referencing enabling legislation allowing localities to develop ordinances to counter the graffiti issue. Chief Roche summarized legislation that allowed localities to develop ordinance to counter the graffiti issue. Following extensive discussion, Councilman Eas# moved to direct staff to draft an ordinance addressing graffiti abatement utilizing both civil nuisance abatement strategies and criminal prosecution as allowed by the Code of Virginia 15.2-1812.2. Councilman Goodman seconded the motion. Chief Roche asked if Council would add Code 15.2-908 to the motion. Councilman East withdrew the motion. Mr. Warburton commented that he would like to read section 15.2-908 and encouraged all of Council to read the section before Council made a motion. At 8:30 p.m. the Mayor called for a recess. At 8:38 p.m., the Mayor reconvened the meeting. Councilman East moved to direct staff to draft an Ordinance addressing graffiti abatement utilizing both civil nuisance abatement strategies and criminal prosecution as allowed by the Code of Virginia 15.2-1812.2 and 15.2-908. Councilwoman Steele seconded the motion and carried on the following recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye At 8:45 p.m., Councilman Goodman moved to enter into Closed Session regarding two items under Virginia Code 2.2-3711 (A-3), Acquisition or use of real property for public purpose, or disposition of property. Councilman Clark seconded the motion and carried on the following recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye December 3, 2013/Page 5 of 6 At 9:03 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: Ms. Steele -Aye Mr. East -Aye Mr. Clark -Aye Mr. Kidd -Aye Mr. Goodman -Aye Mr. Radcliffe -Aye At 9:05 p.m., Councilman Goodman moved to adjourn, seconded by Councilman Clark and carried on voice vote. Approved: :>J a .Worrell, Mayor December 3, 2013/Page 6 of 6 IWinutes of the Town Council meeting held December 17, 2013 at 5:00 p.m. in the Council Chambers of the Municipal Building. Present were: Jeffrey S. Worrell, Mayor Council: Heather L. Steele, Gregory C. East, H. M. Kidd, Joseph K. Goodman, James A. Radcliffe Absent: David L. Clark Staff: David Quesenberry, Assistant to the Town Manager David Warburton, Town Attorney Patricia Cruise, Clerk of Council Pam Witten, Finance Director Bill Webb, Fire Chief John White, Economic Development Director Anthony Meredith, Captain Gary Roche, Police Chief Daniel Raba o Nick Glenn Others: Clark Payne g Mike Williams, Press Lane Penn Calvin Pynn, Press Mayor Worrell called the meeting to order.at 5:00 p.m. and welcomed the visitors to the meeting. Councilman Goodman moved to add Resolution 2013-16 as item 10D to the agenda. 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 -Absent James A. Radcliffe -Aye Mayor Worrell announced that the Town Manager was unable to attend the Council meeting. The first item for consideration was the Consent Agenda. Councilman Kidd moved to adopt the November 19, 2013 Council minutes as written. Councilman Goodman seconded the motion and carried on voice vote. Mayor Worrell moved on to Employee of the Month presentation. He introduced Officer Jimmy Stone and Officer Daniel Rabago, as the December Employees of the Month. He read a press release aloud commending both offs ~ award Office seStone and Rabago would also receive an adds tiona~ paid day off from Employee of the Mont , the Town. The next item on the agenda was EPA Brownfield Assessment grant. 1 Mr. White advised that the Economic Development Board wished to submit another grant application for the Brownfield Assessment program for 2014. He asked Council to endorse the application. Councilman Goodman moved to endorse the application for a Brownfield Assessment 2014 grant application. Councilman Kidd seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Absent H. M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye December 17, 2013/Page 1 of 6