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HomeMy WebLinkAbout05-02-12Minutes of the Town Council meeting held Wednesday, May 2, 2012 at 7:00 p.m. in the Council Chambers of the Municipal Building: There were present: Mayor: Jeffrey S. Worrell Council: Morgan P. Welker, H. M. Kidd, David L. Clark, Robert A. Bopp, Joseph K. Goodman Greg C. East Staff: John J. Hawley, Town Manager Dave Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council David Warburton, Town Attorney John White, Economic Development Director Captain Tony Meredith Sherry Boyd, Finance Director Others: Stacy Cope Clark Payne William B. Sanders Patricia J. Sanders Dean C. Cox Garda T. Cox James A. Radcliffe Charles R. Bopp Betty T. Quesenberry Renee Clontz J. R. Schrader Spencer Rygas Stephanie Rygas Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Kidd led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following roll call, Mayor Worrell announced that the first item on the agenda was Resolution 2012-07, Honoring Kathleen Kirk For Her Service To The Town Of Pulaski. He noted that Mrs. Kirk was not able to attend the meeting, however, he read the Resolution aloud. Following his reading, Councilman Clark moved to adopt Resolution 2012-07, seconded by Councilman Kidd and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye Next, Mayor Worrell read aloud Resolution 2012-08, A Resolution Of Appreciation To James T. "Tim" Clontz for Service To the Town of Pulaski. He presented the Resolution to Renee Clontz as Mr. Clontz was unable to attend the meeting. Councilman Welker moved to adopt Resolution 2012-08 seconded by Councilman Clark and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye Mayor Worrell moved on to Public Hearings. Page 1 of 7/May 2, 2012 The first presentation was in regard to an alley closing request at 8th Street and Jefferson Avenue. Councilman Goodman advised that he was involved in the request as an adjacent property owner and he stepped down from the dais at 7:05 p.m. Mr. Quesenberry advised that a request had been received from Spencer A. Ryas to cl N W Hel summarised portion thereof that lies between the 800 block of North Jefferson Avenue and 8t Street, the request and advised of the receipt of comments from adjacent property owners with four letters in favor of the request and two letters opposing the request. The citizens in opposition of the request cited the steepness of the terrain in the area made acceatino in the alley andltralffic.nly through the back alley. The citizens in favor of the request cited people congreg g Mayor Worrell opened the Public Hearing at 7:10 p.m. William Sanders addressed Council advising that he was speaking on behalf of his mother who lived at 829 Prospect Avenue. He advised that his mother was okay with closing the alley as long as she could be guaranteed that the back corner of her yard could be accessed for mowers and equipment. He noted that due to the elevation of the land, the back corner was her only access for machinery and equipment. Dean Cox spoke against closing the alley advising that it was his only access to get a vehicle or mowers and equipment to the rear of his property due to the elevation of Prospect Avenue. Garda Cox spoke against closing the alley advising that she used the alley regularly as it was an easy access to get in and out of their yard. Spencer Rygas addressed Council advising that he was making the request to provide privacy, safety and to maximize the use of his property as he owned both sides of the alley exiting 8th Street. He advised that he had asked for the entire alley to be closed, however, he would be satisfied with just Phase I on the map being closed. He noted that all of the parties that are subject to Phase I of the report had sent in letters of support of the closure. Additionally, he noted that some of the parties subject to Phase II supported, although not in writing, the closing of the alley. He advised that the owner at the exit of the alley onto Eighth Street and the owner at the exit of the alley onto Jefferson Avenue were in favor of closing the alley. He also advised that he had spoken with Jim m difed his stone wallen thehback to allow MghCox to make the tuhn onto Eighth Streete time ago he actually which would make their need to go to Jefferson not necessary. Councilman Goodman, speaking as a citizen, not a member of Council, commented that if Phase I was the only portion of the alley closed, there would be a dead end and no way for people to turn around to exit except on private property. At 7:21 p.m., there being no further comments from the citizens, Mayor Worrell closed the Public Hearing. Mayor Worrell commented that many times when alley closings come before Council, it is for an undeveloped right of way, however, this alley had been developed. Councilman Welker felt the fact that the alley was developed was an important distinction. He felt Council should take no action. Councilman Clark inquired how many of the Council had been through the alley? Councilman East responded that he had been on the alley. He noted that if the alley was closed, the trash would have to be picked up on a main road and inquired whether that would create a safety hazard. Additionally, he inquired if you closed Phase I, what would happen if one of the properties sold in the future? Page 2 of 7/May 2, 2012 Mr. Hawley responded that the Public Service Authority had expressed a preference not to pick up trash in the alley ways. There being no further discussion or action from Council, the alley was left open. Councilman Goodman returned to his Council seat at the dais at 7:25 p.m. The second Public Hearing was in regard to a loan from Virginia Department of Emergency Management. Mr. Hawley advised that the Public Hearing had been advertised as recommended by the Town Attorney to borrow $43,000 from the Virginia Department of Emergency Management at zero percent interest for 2 years to maintain the cash balance in the Town accounts. He added that this offset the amounts the Town paid during the tornado recovery that were not eligible for reimbursement through the VDEM Public Assistance Program. He noted that this completed action of Council. Mayor Worrell opened the Public Hearing at 7:27 p.m. There being no comment, the Hearing was closed. Councilman Clark moved to authorize the Town Manager to execute the promissory note from the Virginia Department of Emergency Management. The motion was seconded by Councilman Welker and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman - No David L. Clark -Aye Gregory C. East - No Mayor Worrell moved on to the Public Comment period. J. R. Schrader addressed Council regarding Council's closing of the right of way on Camper Street at the April 17, 2012 Council Work Session. He opined that when Council closed the right of way, they did not give the same courtesy to the Family Worship Center -First Pentecostal Holiness Church on Memorial Drive as was given to the Cope family who requested the closing. He advised that the action was taken at a Council Work Session, not a regular Town Council meeting and that the Church had no members present to attend the meeting. He advised that some incorrect information had been given by some who spoke against the church at the original meeting. He summarized those facts for Council. He noted that as of that afternoon, the Church had still not been officially notified of Council's action to close the alley. He expressed dissatisfaction for how the process was handled. Mayor Worrell thanked Mr. Schrader for his comments. He noted that the action of Council at the April 17, 2012 meeting was to direct staff to prepare an Ordinance vacating the right of way off of Camper Street and that Ordinance would be reviewed later in the meeting. Stacy Cope addressed Council rebutting some of Mr. Schrader's comments. He expressed some confusion for the status of the property and asked for clarification. Mayor Worrell advised that an Ordinance was required to vacate a right of way. He added that at the last meeting, staff had been directed to prepare an Ordinance for Council's review and that item would be discussed later in the meeting. The next item was the Consent agenda. Councilman Kidd moved to adopt the Consent agenda consisting of the Council minutes of April 3, 2012 Council meeting as written. Councilman Clark seconded the motion and carried on voice vote. Page 3 of 7/May 2, 2012 The next item on the agenda was Project Updates. The first update was in regard to Dora Highway. Mr. Hawley advised that work was proceeding with the new water lines; the gas lines were being moved to their final location so that final grading could be completed in preparation for paving. He added that the rehab of 813 Stuart Avenue was in progress, the site work on 600 Dora Highway had been completed and turned over to the contractor and that staff was preparing a bid for >330 Jackson Avenue. Councilman Welker asked that two houses accessible from First Street, but located to the west of 600 Dora Highway be added to the property maintenance list. The next project update was in regard to the tornado area. Mr. Hawley advised that one bid had been received for the rehabilitation of 224 Cliff Street, but had been rejected as too high. He noted that the Board was going to review available options. John White provided a summary of the considerable progress to the Raymond F. Ratcliffe Transportation Museum noting that portions of the moveable train display were moved to a secure, climate controlled site until the Museum is complete. He added that it was hoped that the actual moving of the structure of the display would occur in mid-May with work continuing through the summer to complete the project. Regarding the Pulaski Grand Slam Bluegrass Festival, Mr. Hawley advised that sponsorship letters had been mailed to businesses, organizations and individuals; media releases had been sent out; posters were being distributed and ticket sale outlets were in place. Moving on to Heartwood Day, Mr. White advised that June 2 had been designated as Heartwood Day, a day highlighting the Town of Pulaski artisans, music and many assets. He noted that staff was inviting local artisans to participate in the day and showcase the pride in our community and its role in regional culture. Mayor Worrell moved on to Old Business. The first item was Ordinance 2012-03, Vacating Right of Way Off Camper Avenue. Mayor Worrell advised that a Public Hearing had been held on this matter and input received from the public. He asked for Council's comments. Councilman Clark moved to adopt Ordinance 2012-03 as written. Councilman Kidd seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye The next item for consideration was Allen property update. Mr. Hawley advised that a letter had been forwarded through Mr. Richard Allen's family as well as a verbal message to contact the Town and there had been no response. He noted that he also tried again to reach Mr. Allen by phone and found that one number was no longer in service and the second number had no voice mail. Mayor Worrell asked Mr. Warburton what options were available to Council in this issue. Mr. Warburton advised that Council could get a judgment against Mr. Richard Allen for the value of the work done by the Town and try to execute on that judgment or Mr. Allen's wages could be garnished. Page 4 of 7/May 2, 2012 Mayor Worrell commented that the last consensus of Council had been to give the property owner more time to respond and there had been no response. He inquired what Council wished to do? Councilman Kidd inquired whether a process server had been contacted to deliver a letter to Mr. Allen? Mr. Warburton advised that was a detail that would occur if Council chose to initiate a lawsuit. He commented that he felt it was acost-benefit situation. Councilman Welker inquired if the lawsuit was initiated, could the rest of Mr. Allen's property be accessed? Councilman East felt it was important that something be done; that a line be drawn in the sand. Mr. Warburton explained the time line involved if Council chose that option. Following extensive discussion, the consensus of Council was that if no contact was made by the next Council Work Session, then staff would go forward legally. Mayor Worrell moved on to the budget. The first item was the consideration of the real estate tax rate increase. Mayor Worrell advised that the item had been advertised and a public hearing held for a possible real estate tax rate that could be up to four cents per $100.00 of assessed value. He noted that Council could approve this rate or a lower rate and that the motion required a 2/3 majority vote of Council rather than a simple majority. Councilmen Clark, Bopp and Kidd felt there needed to be a two cent increase. Councilman Welker felt that a three cent increase was needed, but he would agree to a two cent increase. He expressed concern for the level of reserve funds available to the Town and the capital needs of the Town. He noted that he would be leaving at the end of June, but he wanted to leave his successor with a budget that would allow the reserve funds to be increased as well as some of the capital needs covered and to keep some of their campaign promises. Councilmen East and Goodman preferred no increase, however, if the decision was to increase the tax, then to look at ways to cut the budget more including cutting some services and then if still necessary, raise the tax enough to allow some capital needs to be included. Following extensive discussion, including the suggestion to begin the budget process in July so it could be reviewed line by line, Councilman Clark moved to set the real estate tax rate at thirty two cents ($.32) per one hundred dollars ($100). Councilman Welker seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman - No David L. Clark -Aye Gregory C. East - No In response to Mayor Worrell's question, Mr. Hawley advised that staff would schedule a Public Hearing setting the tax rate at $.32 per $100 for June 5 and be prepared to adopt the increase on June 19. Mayor Worrell moved on to New Business. The first item was Resolution 2012-06. Mayor Worrell advised that this Resolution appointed several citizens to vacancies on various committees. Page 5 of 7/May 2, 2012 Mr. Hawley noted that Mr. Clark Payne had requested to serve on the Architectural Review Board, however, according to the by-laws, that position had to be filled by an Architect. Since there was no architect available in the Town, contact was being made to ascertain whether an Engineer could be used instead. Staff would report back to Council on that issue. Councilman Kidd inquired whether an Architectural Review Board was needed in the Town? Mr. Hawley responded that he thought that in order to dissolve the Architectural Review Board, the Historic District would have to be dissolved. He added that would have to be researched legally to be sure. Councilman Welker moved to adopt the amended version of Resolution 2012-06 presented to Council at the meeting, Appointing Members to Town Boards and Commissions. Councilman Kidd seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye Mr. Hawley advised that due to illness in the Code Compliance office, staff was requesting that Bill Pedigo, Town Engineer, be appointed to the Tornado Recovery CDBG Housing Oversight Board. Councilman Clark moved to appoint Bill Pedigo to the Tornado Recovery CDBG Housing Oversight Board. The motion was seconded by Councilman Welker and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye Mr. Hawley advised that staff, Mayor Worrell and Councilman Clark had received and reviewed bank proposals for banking services to the Town. The recommendation was to contract with The National Bank of Blacksburg for banking services to the Town. Councilman Welker moved to direct staff to complete the paperwork to utilize The National Bank of Blacksburg's services. Councilman Goodman seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye At 8:30 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 15.2-2907D, Actions for annexation, immunity, establishment of city, investigation, and reports by Commissions, negotiations. Councilman Goodman seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye At 9:03 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: Page 6 of 7/May 2, 2012 Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Gregory C. East -Aye There being no further business, Councilman Clark moved to adjourn, seconded by Councilman Goodman and so carried. Approved: rey S. Worrell, Mayor C J Page 7 of 7/May 2, 2012