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HomeMy WebLinkAbout11-05-13Minutes of the Town Council meeting held Tuesday, November 5, 2013 at 7:00 p.m. in the Council Chamfers 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 Captain Anthony Meredith Bill Pedigo, Town Engineer Pam Witten, Finance Director Suellen Palmer, Human Resources Manager Dave Hart, Parks and Facilities Director Kim Caudill, Administrative Manager Bill Webb, Fire Chief John White, Economic Development Director Others: Clark Payne Donna Bobbitt Audrey Kertesz Robert Ayers Amy Travis Jennifer Moye Amy Lewis John McElroy Lane Penn John D. Saul Nick Glenn Shannon Watkins, Press Mike 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, Mayor Worrell welcomed the visitors to the meeting. He advised that the first item for discussion was the Presentations. Mayor Worrell called John J. Hawley to the dais and read Resolution 2013-13, Honoring John J. Hawley For His Service To The Town Of Pulaski, Virginia and presented him with the framed Resolution. Councilman Clark moved to adopt Resolution 2013-13, Honoring John J. Hawley For His Service To The Town O f Pulaski, Virginia. Councilman Kidd seconded the motion and carried the following recorded vote: Ms. Steele -Aye Mr. East -Aye Mr. Clark -Aye Mr. Kidd -Aye Mr. Goodman -Aye Mr. Radcliffe -Aye Next, Mayor Worrell advised that Shawn Utt, Town Manager for the Town, had received the Virginia Trade Port Innovator of the year award. He congratulated Mr. Utt for the distinction. The next item on the agenda was public hearings. Mr. Utt advised that council had previously heard a request from an adjacent property owner interested in acquiring a portion of the property owned by the Town on Maury Avenue. He added that this property was November 5, 2013 1 of 6 adjacent to the Water Treatment Facility. He noted that he request had been advertised in the newspaper as required by law. Mayor Worrell opened the Public Hearing at 7:00 p.m. There being no comments the hearing was closed. Councilman Clark moved to authorize staff to begin negotiations with Dr. McElroy for the parcel. 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 The next item on the agenda was the Consent Agenda. Councilman Kidd moved to adopt the Consent Agenda consisting of the minutes of the October 1, 2013 Council meeting as written. Councilman Goodman seconded the motion and carried on voice vote. Mayor Worrell moved on to Projects Updates. The first item was Dora Highway CDBG Mr. Utt announced that the state had completed their final compliance review of the Dora Highway CDBG. He added that the final reimbursement request was complete and ready to mailed. Moving on to Tornado CDBG. Mr. Utt provided an update regarding planned demolition work for the tornado area in the Town and the County. He added that several rehabilitations and substantial reconstructions were scheduled. He noted that the extension would be requested to complete all of the work and inspections. Regarding the Gatewood water system, Mr. Utt advised that the Health Department had advised that they consider the Town have two systems at Gatewood. He added that the system that covers the campground area was considered a public system and a permit would be required to make the necessary repairs. He added that if the Town decided to have the inline treatment system installed again, a full design engineered drawing would be required and would have to be submitted to the Health Department for a review. In the meantime. Staff would request the permit and figure out a game plan for how to move forward and combine with the renovations at the shower house. Mayor Worrell moved on to Old Business. The first item was Resolution 2013-14, Nominating Danny Underwood for appointment to the board of Zoning and Appeals. Mayor Worrell reminded council that they previously appointed Mr. Underwood to the Board of Zoning and Appeals for a six month term. Subsequently it was discovered that the appointment had to be for a five year term. The amended Resolution reflecting that five year term, had been included in the packet. Following discussion, Councilman Clark moved to adopt Resolution 2013-14. Nominating Danny Underwood for Reappointment To the Board of Zoning and Appeals as written. 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 November 5, 2013 2of 6 The next item on the agendas was Pulaski Mariner's visitor's clubhouse. Mr. Hart advised that the staff and the Mayor toured the ballparks in Princeton and Bluefield, including both home and visitor's clubhouses. He noted that he had put together a rough sketch of what was being proposed for the visitor's clubhouses for Council's review. He reviewed plan for Council. He noted that the next step was for staff to get an approximate cost for Council. Mayor Worrell commented that he had enjoyed touring the ballparks and agreed that the next step was for staff to get an approximate cost so Council could begin discussing funding options. Mr. Hart added that the best time line involved working during this offseason with completion being mid-June of 2014. He stressed that if the Town did not have the money in place the plan in place to convince the baseball league that the improvement s were going to be made, then the Town would probably not have the contract renewed and the Town would lose baseball. Councilman East inquired whether some of the park maintenance space might be used for the visitor's clubhouse. Mr. Utt advised that the staff would try to include this in this in the report to Council. Councilman Goodman inquired whether a used modular classroom might be obtained and retrofitted for the visitor's clubhouse. Mr. Utt cautioned Council that a cinderblock building would have a fifty plus year life span. Whereas, the mobile classrooms would have a shorter life span. He added that the staff would review the option as well. The next item on the agenda was funding for a pickup truck for the Public Works department. Mr. Utt advised that Council has previously discussed this request and asked staff to determine where funds could be found in the budget to pay for the truck. He noted that staff felt that a lot of the steel from the upgrade of Pump stations 4a and 4b, could be scrapped and those funds used to pay for at least one half of the truck. The remainder of the funds could be at taken from Council Consultants line item. Councilman Goodman commented that Council had previously discussed using the remaining from Council Consultants line item as seed money for the Calfee Park renovation. Mayor Worrell agreed that there was some discussion early on to utilize the remaining funds from the Council Consultants line item, however, it was also the consensus of the Council to purchase a used truck for the Public Works Department. He felt staff's idea to utilize scrap metal for part of the funds for the truck was a good one. Councilman Goodman moved to appropriate $7,500 from the Council Consultants line item to the Public Works line item to purchase apick- up truck. Councilman Kidd seconded the motion 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 The next item on the agenda was Virginia Retirement System versus VACo Disability Insurance update. Mayor Worrell commented that this was a continuation of a previous discussion. Mr. Utt advised that at the last meeting. Council learned that there were three choices to meet the state code requirements of the local disability program. One was to remain with the Virginia Retirement System (VR5). November 5, 2013 3of 6 Tne second choice was Virginia Municipal League and the third was Virginia VaCorp. He added that some revised information had been included in the packet. He summarized the differences in the programs for Council. He suggested that the Town opt out the VRS program. He suggested that he ask the insurance consultant through Wells Fargo to attend the next Council meeting to provide an unbiased opinion to Council. The consensus of Council was to hold a joint Council meeting with the Board of Supervisors to discuss the Local Disability Program with an insurance consultant. Following discussion, Councilman Goodman moved to opt out of Virginia Local Disability program through VRS. 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 The next item was New Business. The first item was a drainage problem at 717 Fourth Street, NE. Mayor Worrell advised that this issue came before Council in 2010. He added that it had to do with privately owned storm water pipes that were under a couple of properties on Fourth Street that had issues. He advised that there was a debate among Council at the time with Council choosing not to get involved with it. He noted that Councilman Radcliffe had requested this be placed on the agenda. Councilman Radcliffe had requested that the original decision to not get involved with this issue was made in February 2, 2010. He commented that he disagreed with the decision then and still disagreed with decision. He noted that the problem he had with the pipe was that there was a disagreement regarding whether this had relevance to the Town. He felt that the water from the disintegrating pipe was eroding one of the houses that it ran under. He suggested that if the pipe had no benefit to the Town, then staff should close off the pipe. However, he noted that if that was done, he felt the water would the affect the building below the area. He felt the town should fix the problem. Mr. Utt summarized the issue by advising that in 1930 Town Council took action to allow the property owner at that time to install a storm water pipe and connect to the Town system, indemnifying the Town and ordering that the agreement be recorded. He noted that the Town Council minutes reflected this action. In researching the issue, no agreement could be found in the Circuit Court system. Mr. Warburton confirmed that the only records discovered were the official Council minutes. He noted that it was quite clear from those minutes that the Town does not own the property and that the agreement indemnified the Town from any damage which might be sought by reason of connecting to the storm drain. Councilman Radcliffe advised that he felt that it was the responsibility of the Town to fix the problem. He noted that one of the property owners, Mr. John Saul was present and agreeable to signing an agreement with the Town to fix the problem. He noted that Mr. Saul was willing to move the outbuilding and the decks to facilitate that work by the Town. Councilman East asked Mr. Pedigo for his input as Town Engineer. Mr. Pedigo confirmed that he has inspected the property. He advised that he was carrying the storm water from a large drainage basin. Some of that water comes from the roads and alleys. Councilman East inquired what would happen if the Town were to close off the pipe? Mr. Pedigo said you would make a pond behind two houses and farther than that. November 5, 2013 4of 6 Councilman East responed "then there is potential to create damage to other areas"? Mr. Pedigo responded yes. He advised that this was not a pipe. It was actually a drainage trough was plugged up or nothing was done to the tough and it was disintegrated, would there be a risk to other property owners other that the two property owners that currently abuts the line. Mr. Pedigo replied yes. Councilman Goodman commented that although there was an agreement with the Town indemnifying it fr©m any problems, because other property owners and other properties were at risk, he felt the Town needed to assist with the situation. Mayor Worrell commented that it was a sad situation. He added that there were no winners here. He noted that these property owners have a dreadful problem that they didn't create and probably aware of until it became an issue. He added "likewise the Town did not create it" He stated that he didn't know what it would cost to correct it, but he expected it would be substantial. He noted that if the Town helped with this situation, then every citizen in Town would be paying to correct this problem. Following more discussion, the consensus of Council was for staff to draw up an in- house design and materials cost estimate to fix the problem and return to Council with figures. The next item on the agenda was West Main Street Development Project. Mr. Utt advised, for informational purposes, that staff and the County had been working with a developmerrt company who had purchased four downtown properties and would be using VHDA financing for their for their proposed mixed-use development. He added that one of the requirements for those funds was for the project to be located in a "revitalization area boundaries. He continued that since the developers had been working with the County as well as the Town, the board of Supervisors approved the necessary Resolution to meet all of the requirements of VHDA. He noted that a copy of the map showing the revitalization area had been in the packet for Councils review. Councilman East inquired whether adopting this revitalization area also enabled the Town to do vacant building registration? Mr. Utt replied no. Councilman Goodman commented that one of the items discussed regarding the conversation and redevelopment district, was the need for there to be a certain amount of property in need of revitalization or that or that was blighted. He inquired if that same equation held true with the revitalization area? Mr. Utt replied no. He continued that basically all that was entailed was that governing jurisdiction had designated an area that was in need for redevelopment. Councilman Goodman opined that the designated area was too small. He applauded the Board of Supervisors taking action on it so they could move forward with this development. He added that he would like to research the possibility of expanding it to be more inclusive of the rest of downtown. Following discussion,. Mr. Utt advised that staff could sit down and come up with some thought if Council wished. November 5, 2013 5of 6 mayor Worrell moved on to Resolution 2013-15, Reappointing Larry Clevinger to the New River Valley Planning District Commission. Mr. Utt advised that as staff was reviewing the summary of Boards and Commission, it was discovered that Mr. Clevinger's appointment to the Planning District Commission Board had expired June 2013. He noted that this was a regional Board and that Mr. Clevinger was in line to be Chairman of the Board of Directors. He felt this appointment needed to be renewed. Councilman Clark moved to adopt Resolution 2013-15, Reappointing Larry Clevinger to the New River Valley Planning District Commissions before appointing anyone else. Councilman Kidd seconded the motion. Councilman Goodman commented that Council had been discussing reviewing the criteria for all Boards and Commissions before appointing anyone else. He noted that this went against what council had been discussing. Councilman Clark agreed that Council needed to review the criteria for all Boards and Commissions, however, he felt that this appointment should be an exception. He felt that there was no way that Council could do this review in a timely manner for this appointment and since Mr. Clevinger was in line to be the Chairman of the Board of Directors, an exception should be made. The motion then carried on the recorded vote: Ms. Steele -Aye Mr. East -Aye Mr. Clark -Aye Mr. Kidd -Aye Mr. Goodman - No Mr. Radcliffe -Aye At 8:35 p.m., Councilman Goodman moved to enter onto closed session under Virginia code 2.2-3711 (A-3) Acquisition or use of real property for public purpose, or disposition of property and (A-5), Prospective business or industry-economic development. Councilman Clark seconded the motion and carried on the following the recorded vote: Ms. Steele -Aye Mr. Kidd -Aye Mr. East -Aye Mr. Goodman -Aye Mr. Clark -Aye Mr. Radcliffe -Aye At 8:55 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: Ms. Steele -Aye Mr. East -Aye Mr. Clark -Aye Mr. Kidd -Aye Mr. Goodman -Aye Mr. Radcliffe -Aye At 8:58p.m., the meeting adjourned on the motion by Councilman Clark, seconded by Councilman Goodman and carried on voice vote. Approved: orrell, Mayor November 5, 2013 6of 6