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Home My WebLink About04-28-15Minutes of the Town Council held April 28, 2015, at 6:00 p.m. in the Council Chambers of the Municipal Building at 42 First Street, NW, Pulaski, Virginia. Present were: Jeffrey S. Worrell, Mayor Council: Heather L. Steele, Gregory C. East, David L. Clark, H. M. Kidd, James A. Radcliffe, Lane R. Penn Staff: Shawn Utt, Town Manager David Warburton, Town Attorney Dave Quesenberry, Assistant to the Town Manager Patricia Cruise, Clerk of Council Pam Witten, Finance Director Others: Tom Underwood Joseph Goodman Mayor Worrell called the meeting to order at 6:00 p.m. and welcomed the visitors to the meeting. Following roll call, Mayor Worrell advised that there was a modification to the agenda. He continued that Tom Underwood was present to address Council. Mr. Underwood addressed Council advising that three years ago the Town promised to fix a sewer problem at his church. He continued that any time it floods it pushes the sewer up through the toilets in the church. He was told by Mr. Cook that the Town would install a backflow preventer. He advised that some other Town employees were present at that time as well as several members of his church. He continued that recently there was some heavy rain and again the sewer backed up into his church and flooded the sanctuary. He advised that he filed the damage on his insurance and the claim was denied because they felt it was a case of neglect on the part of the Town. He then asked the Town to file it on their insurance and.this was done. He added that to date the insurance company had not responded. He advised that he and his church members were cleaning the church. He advised that new carpet would need to be installed and walls would need to be replaced. He asked Council to pay to replace the carpet and other items damaged by the sewer. Mayor Worrell asked Mr. Underwood where his church was located? Mr. Underwood responded that it was located in the old Salvation Army building on Commerce Street. Councilman Radcliffe asked if a valve had been installed? Mr. Utt advised that the claim had been turned in to the Town insurance. However, the insurance company's policy in the past had been that if our pump station malfunctions and pushed sewer into a house, the claim was paid because it was a pump station malfunction. However, he did not know what the insurance company's policy was in regard to "acts of God" such as floods. He continued that staff had gone through all work orders and did not find a work order submitted to install a backflow preventer. He added that it had been placed on the work order system now. He said staff was waiting to hear the insurance company's response to the claim. Mr. Underwood suggested that the Town also put a clean-out on the opposite side of the church. He added that the Church would pay for the clean out for the Town to install. Councilman Clark commented that all Council could do at this point, was wait for an answer from the insurance company. Mayor Worrell agreed with Councilman Clark. He added that the reason Mr. Underwood had come to this meeting was that he did not want to wait for the regularly scheduled Council meeting. He then asked Mr. Underwood to wait until the Town heard from the insurance company. April 28, 2015/Page 1 of 3 n Lj 1 1 Mr. Underwood asked whether Council would like Mr. Underwood to get estimates on repairing the damage at the church? Mayor Worrell replied in the affirmative. Mayor Worrell moved on to Public Hearings. The first hearing was in regard to a proposed 4% across-the-board increase in water rates. Mr. Utt advised that the Town was in year number two of a five year plan for 4% rate increases for the Town's water rates. He reminded Council that this increase would not fully fund the operations of the Water Fund, however by the end of the five year plan, the Water Fund was anticipated to be fully self-sufficient Councilman East asked whether an ad or press release had been run explaining the reason for the increase? Mr. Utt responded that he had a press release ready if it was needed. Following discussion, it was agreed to run the press release now. Mayor Worrell opened the Public Hearing regarding the 4% across-the-board water rate increase at 6:13 p.m. There being no comments, the Hearing was closed. Councilman Clark moved to authorize staff to prepare the necessary Ordinance for a 4% increase in water rates. Councilwoman Steele 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 James A. Radcliffe - Aye Lane R. Penn - Aye Mayor Worrell moved on to a proposed 4% across-the-board increase in sewer rates. Mr. Utt advised that the Town was also in the 2nd year of a 5 year plan for 4% increases for the Town's sewer rates. Mayor Worrell opened the Public Hearing at 6:17 p.m. There being no comments the Hearing was closed. Councilman East moved to authorize staff to prepare the Ordinance for a 4% increase in sewer rates. 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 James A. Radcliffe - Aye Lane R. Penn - Aye Mayor Worrell moved on to Old Business and the adoption of real estate tax rate. Mr. Utt advised that a Public Hearing had been held regarding changing the current real estate tax rate of $.32 per $100 assessed value to $.34 per $100 assessed value. He added that this was an equalizing rate. Councilman Clark moved to adopt the equalized real estate tax rate of $.34 per $100 assessed value. Councilwoman Steele 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 James A. Radcliffe - Aye Lane R. Penn - Aye April 28, 2015/Page 2 of 3 The next item on the agenda was Ordinance 2015-07, Amending the Permitted Uses in the B-1 District To Include Athletic Fields. Mayor Worrell advised that this completed action of Council. Councilman Kidd moved to adopt Ordinance 2015-07, Amending The Permitted Uses In The B-1 District To Include Athletic Fields as written. Councilman East 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 James A. Radcliffe - Aye Lane R. Penn - Aye Mayor Worrell moved on to Ordinance 2015-08, Rezoning Calfee Park From R-4 Residential District to B-1 Local Business District. He advised this completed action of Council. Councilman Kidd moved to adopt Ordinance 2015-08, Rezoning Calfee Park From R-4 Residential District to B-1 Local Business District. 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 James A. Radcliffe - Aye Lane R. Penn - Aye At 6:25 p.m., Councilman East moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7), consultation with legal counsel and briefing by staff for discussion of specific legal matters and matters subject to probable litigation regarding former Engineering personnel. 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 James A. Radcliffe - Aye Lane R. Penn - Aye At 6:36 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Kidd seconded by Councilman Clark and carried on the following recorded vote: Heather L. Steele - Aye Gregory C. East - Aye David L. Clark - Aye H. M. Kidd - Aye James A. Radcliffe - Aye Lane R. Penn - Aye There being no further business, the meeting adjourned on motion by Councilman Kidd, seconded by Councilman Clark and so carried. 1 Approved: re E April 28, 2015/Page 3 of 3