Loading...
HomeMy WebLinkAbout07-10-12 Minutes of the Town Council meeting held Tuesday, July 10, 2012 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, (arrived at 7:02 p.m.) 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 John White, Economic Development Director Gary Roche, Police Chief Sherry Boyd, Finance Director Bill Pedigo, Town Engineer Bill Webb, Fire Chief Others: Spencer Rygas Bill Warden Lane R. Penn Charles R. Bopp Christopher Quesenberry Denise Quesenberry Peter Ash Morgan Welker Robert Bopp Sandy Payne Clark Payne Jim Babb Robert Glenn Joel Burchett Steve Critchfield Melinda Williams, Press Mike Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Goodman led the Pledge of Allegiance and Councilman Clark gave the Invocation. Mayor Worrell temporarily appointed Patricia Cruise Clerk of Council so that she could call roll. Following roll call, Mayor Worrell introduced and welcomed the new Council Members, Councilwoman Heather L. Steele and Councilman James A. Radcliffe. Next, Councilman Clark moved to reappoint Patricia Cruise Clerk of Council. The motion was seconded by Councilman Goodman and carried on the following recorded vote: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Absent Joseph K. Goodman -Aye James A. Radcliffe -Aye Mayor Worrell moved on to the election of the Vice-Mayor. Councilman Kidd arrived at the meeting at 7:02 p.m. Councilman Kidd nominated Councilman Clark as Vice-Mayor. Councilman Radcliffe nominated Councilman Goodman as Vice-Mayor. Councilman Goodman was elected Vice-Mayor on the following recorded vote: Heather L. Steele - Mr. Goodman H. M. Kidd - Mr. Clark Page 1 of 7/July 10, 2012 Gregory C. East - Mr. Goodman Joseph K. Goodman - Mr. Goodman David L. Clark - Mr. Clark James A. Radcliffe - Mr. Goodman Mayor Worrell moved on to the regular portion of the meeting. ' The first item was Resolution 2012-13, Honoring Robert A. Bopp For His Service. Mayor Worrell read the Resolution aloud and presented it to Mr. Bopp. Councilman Clark moved to adopt Resolution 2012-13 Honoring Robert A. Bopp For His Service. 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 Mayor Worrell moved on to Resolution 2012-14, Honoring Morgan P. Welker For His Service. He read the Resolution aloud and presented it to Mr. Welker. Councilman Clark moved to adopt Resolution 2012-14, Honoring Morgan P. Welker For His Service. The motion was seconded by Councilman Kidd 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 item on the agenda was Public Hearings. The first Hearing was in regard to a request by Peter Ash for a Special Exception for a two family residence in ' an R-2 zone. Mr. Quesenberry advised that the request was being sought for 210 4'" Street, NW. He noted the property had been vacant for eight to ten years. He added that Mr. Ash wished to restore the residence to accommodate two dwelling units; one of which he would occupy, the other he planned to rent out. Mr. Quesenberry advised that the adjacent property owner was not in favor of the request. He added that the Planning Commission had reviewed the request and recommended approval with no conditions. Mayor Worrell opened the Public Hearing at 7:13 p.m. Mr. Ash addressed Council noting that one of his neighbors was not in favor of the request as he was afraid of the devaluing of his home. Mr. Ash showed Council a sketch of the neighborhood showing the number of abandoned or empty houses in the area. There being no further comments, the Mayor closed the Public Hearing at 7:15 p.m. Councilman Kidd moved to approve the Special Exception request for 210 Fourth Street, NW. The motion was seconded by Councilman East 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 a request by Rudolph Farmer for a Special Exception for an apartment in the B-3 zone. Page 2 of 7/July 10, 2012 . ... ~+~~~~..~~..~ .~~ .~+.+.. , v. •„~. .arc~.,u n~.cruvn rvua /cuiy aaiuyn~ w~ oa, oI GIIU Oa vvCSl Ivldlll •IIICCI. rl6 noted that Mr. Farmer was in the orocess of selling his ornoertv to a huvPr whn wished rn r~PVain~ rho .,~n,,..r„ Mr. Quesenberry advised that the special exception was being sought for 85, 87 and 89 West Main Street. He noted that Mr. Farmer was in the process of selling his property to a buyer who wished to develop the property for commercial, office and residential uses. All of the proposed uses were allowed by right in the B-3 except for the apartment, which required a special exception. He noted that the Planning Commission had reviewed the request and recommended approval with no conditions. Mayor Worrell opened the Public Hearing at 7:18 p.m. There being no comments, the Hearing was closed. Councilman Clark moved to approve the Special Exception request for 85, 87 and 89 West Main Street. 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 third Public Hearing was in regard to a request by Mitchell Warden to close a portion of alley at 122 Lake Street. Mr. Quesenberry advised that the Mitchell's were requesting that only the portion of the alley running between their property at 122 Lake Street and the Huff property at 132 Lake Street be closed. He added that Mr. Mitchell was requesting the alley's closure so that he could park his vehicles on his property. Mr. Quesenberry noted that Lake Street is a narrow street which limits parking to the east side of the street to allow traffic to pass through. Furthermore, the Mitchell lots were subdivided from a larger lot and were approximately 45 to 50 feet in width, which further reduced where vehicles may be parked. The addition of the alley to the Mitchell property would allow enough room to permit the vehicles to be stored on the Mitchell property rather than on an alley. Mr. Quesenberry added that comments had been received from Mr. Gordon Huff, representing Ms. Lucy Huff, the next door neighbor at 132 Lake Street and from Joel Burchett, a local realtor, regarding the request. He noted that it appeared a potential purchaser of the Huff property was also interested in the proposed alley closing. Mayor Worrell opened the Public Hearing at 7:23 p.m. Joel Burchett addressed Council advising that he thought the alley had already been closed and had represented that to a potential purchaser of the 132 Lake Street property. He felt if the alley was closed as requested, it would interfere with the sale of the property. He was not against closing the alley, however he hoped that Council would specify how the property would be split when it was closed. He added that if that was not possible, he hoped that Council would consider some type of contingency that the potential recipients come to an agreement on resolution of the property. He added that he had been told that both parties had come to a verbal agreement on how to split the property. Next, Gordon Huff addressed Council advising that he had power of attorney for Lucy Huff, who owned the 132 Lake Street property. He noted that the property had been vacant since 2008 and the condition of the home was deteriorating rapidly. He added that due to governmental restrictions with Medicaid and selling of real estate, the house was difficult to sell. He requested that Council approve the request to close the portion of the alley. Mitchell Warden addressed Council and advised that he was in agreement with Mr. Huff on splitting the ownership of the property if Council closed the alley. ' Mayor Worrell closed the Public Hearing at 7:35 p.m. Page 3 of 7/July 30, 2012 oy cne i own Mayor Worrell asked Mr. Warburton to speak to the final disposition of the property if the alley was abandoned by the Town? Mr. Warburton opined that it was not wise to close half of an alley. He added that he would be happier with the, entire alley being closed from Lake Street to Cliff Street if the Town abandoned the alley. If the Town did abandon the alley, it would then be up to the adjoining property owners to legally take control of that property. Mayor Worrell commented that while he understood the Town Attorney's concern about closing a portion of the alley, he felt that in this case, with the "t" configuration that exists in that alley all the adjacent properties would still have access to their property from the rear. Councilman Clark moved to direct staff to prepare the paperwork to close the alley between 122 and 132 Lake Street. 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 Mayor Worrell moved on to the Public Comment period. Mr. Spencer Rygas requested that Council consider the abandonment of the alley between Jefferson and Eighth Street NW. He advised that a Public Hearing had been held on the request on May 2, 2012 and no action was taken at that time. He provided more justification to Council than he had at the May 2 meeting. He asked that Council revisit the closing and abandon the alley or slate it for another meeting. Mayor Worrell asked Mr. Warburton what the options were in this situation. Mr. Warburton advised that Council could reconsider since no action was taken at the last meeting. , Mayor Worrell commented that this was a different Council, and he would not feel comfortable reviewing the topic without going through the process again, including holding a Public Hearing. He suggested that Mr. Rygas presentation at the meeting be considered his formal request to the Town to begin the proceedings. Mr. Rygas inquired whether he would be required to pay the $264 again to bring it back up? Mr. Warburton commented that it had been the practice in the past to follow through without requiring the party to pay the fee again. The consensus of Council was for staff to schedule a public hearing on the topic. The next item on the agenda was the Consent agenda consisting of the minutes of the June 5, 2012 Town Council meeting. Councilman Clark moved to adopt the Consent agenda consisting of the June 5, 2012 Council minutes as written. Councilman Goodman seconded the motion and carried on voice vote. Mayor Worrell moved on to the project updates. The first update was in regard to Dora Highway. Mr. Hawley summarized the progress made on Dora Highway including that all infrastructure work scheduled to be installed by Meade Contracting had been completed and that staff was creating a punch list for any items , that might have been overlooked or installed incorrectly so they could be completed. He added that town wide paving had begun with some streets inside the project area slated for improvements. He noted that the Page 4 of 7/July 10, 2012 oversight committee had approved Lawson Brothers for the rehabilitation of 830 Jackson and that 600 Dora was under construction and under roof. The next update was in regard to tornado CDBG. Mr. Hawley advised that a large portion of the tornado CDBG area was located in the Southside Residential Historic District. He added that as part of the review process, the Virginia Department of Historic Resources must sign off on the repair work for each CDBG assisted house. After reviewing the area, the Department of Historic Resources decided that the substantial rehabilitations, would have an adverse impact on the Southside Residential Historic District. Therefore, before any work could proceed on these, the Town needed to reach a Programatic Agreement on the entire project or a Memorandum of Understanding for each substantial rehabilitation on how the Town will mitigate this adverse impact. He advised that staff was working on the information required to reach this agreement and move forward on the project. Moving on to the Museum, Mr. Hawley summarized the progress made on the Museum including the status of the "storyboards" and the additional work planned. He noted that the train set had been moved to the Museum building awaiting the arrival of the Southbound Model Railroaders to assemble the set. Additionally, he noted that staff had been working with the Railroader folks on matters of lighting, paint colors and the possible design of a photographic gallery. He emphasized that a lot of work was still to come including the cleaning of the hundreds of buildings to be reattached to the diorama of the station. Mayor Worrell moved on to Old Business. Regarding the Nanochemonics condemnation, Mr. Hawley advised that he and Mr. Pedigo had a conference call to discuss the state of the Nanochemonics buildings. During the call, it was learned that a contractor had been secured to complete the demolition of the building (office/lab) near the railroad tracks and Commerce Streets. The demolition was scheduled to take place in approximately 4 weeks, depending upon EPA clearance. Other buildings on the site were discussed and will either be secured, stabilized, or removed as the cleanup is completed. He added that the tanks on the site are being used for storage, and would be secured, stabilized or removed as the cleanup is completed after EPA released the site. The next item on the agenda was New Business. The first item was an appointment to the Cemetery Board of Trustees. Mr. Hawley advised that Harold Lambert's term on the Cemetery Board of Trustees had expired. He noted that Mr. Lambert had agreed to serve another term. Councilman Clark moved to adopt Resolution 2012-15, Appointment Of Harold Lambert To The Cemetery Board of Trustees. The motion was seconded by Councilman Goodman 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 was in regard to Virginia's First Regional Industrial Facilities Authority. Mayor Worrell advised that a Councilman needed to be appointed as the Town's representative to the Authority to replace Morgan Welker. Councilman Goodman had agreed to serve. This would also allow him to serve in the Commerce Park Participation Committee which handles the Industrial Park near the New River Valley Airport. Page 5 of 7/July 10, 2012 . .,N.coc. v nc vnynno u. uut ncyiwiai ui motion and carried on the following rernrded vnte• Councilman Clark moved to adopt Resolution 2012-16, Appointment Of Joseph K. Goodman As Town Representative To The Virginia's First Regional Industrial Facilities Authority. 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 next item was New River Valley Planning District Commission representative. Mayor Worrell advised that Council needed to appoint a representative to the New River Valley Planning District Commission to replace Councilman Welker. He noted that this Commission provided planning assistance to New River Valley local governments and also worked to promote regional cooperation and to coordinate the activities of member governments. He asked for a volunteer to serve. Following discussion, Council was given time to review their schedules before volunteering for this Commission. The next item on the agenda was Pulaski County Litter Prevention and Recycling Cooperative Grant application for the next fiscal year. Mr. Hawley advised that Pulaski County submits the litter grant application as a co-op for the County and Towns of Pulaski and Draper. He advised that the application had not been received in time for Council to review at its June 19, 2012 meeting. He added that since it was due June 30, he signed the application for the Town to be part of the co-op application. He noted that if Council did not wish to ratify his action, it was assumed the grant would be reduced by the Town of Pulaski share. Councilman Clark moved to ratify the Town Manager's signing of the litter grant. The motion was 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 At 8:04 p.m., Councilman Kidd moved to enter into Closed Session under Virginia Code 2.2-3711, (A-7), Consult with legal counsel and briefings by staff and consultants and Virginia Code 15.2-2907D, Actions for annexation, immunity, establishment of city, investigation, and reports by commissions, negotiation. Councilman Clark 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 At 8:40 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Goodman, seconded by Councilman Kidd 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 There being no further business, Council adjourned on motion by Councilman Clark, seconded by Councilman ' Goodman and so carried. Page 6 of 7/July 10, 2012 ~e 0 / ~~ ~y~~ ' Approved: ; Jeffrey S. Worrell, Mayor Page 7 of 7/July 10, 2012