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HomeMy WebLinkAbout12-17-13illlmutes 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 Others: Clark Payne Daniel Rabago Nick Glenn Lane Penn Calvin Pynn, Press Mike Williams, 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 offth award OfficerseStone and Rabago would alsolSece ve an addlitiona~ pa d day off from Employee of the Mon , the Town. The next item on the agenda was EPA Brownfield Assessment grant. 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 The next item on the agenda was Finance. Mayor Worrell advised that the Town Manager had been working with Davenport and Associates and had recommended that the Town proceed with the negotiation of a Memorandum of Understanding for services related to the refinancing of the "James Hardie debt". He added that it was anticipated that it would the save the Town around $100,000 after taking into consideration the costs of their services. He noted that the Tawn Manager had also proposed their services to assist in providing some recommendations on budgetary efficiencies and other areas. Following discussion, Councilman Goodman moved to direct staff to proceed with negotiating with Davenport and Company regarding the refinancing of James Hardie debt general fund and utility fund review utilizing the Montgomery County contract. Councilman East 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 moved on to Legislative. The first item was Ordinance 2013-11, Approving a Special Exception for apartments as part of a Mixed Use Development At 29 West Main Street. Councilman Kidd moved to adopt Ordinance 2013-11. Councilman Goodman seconded the motion. Councilman East asked Fire Chief Webb if he had any concerns regarding access regarding the back alley behind the buildings and increasing the number of residences. Chief Webb replied as long as the current code was met, he had no concerns. The motion then 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 The next item was Ordinance 2013-12, Approving a Special Exception for apartments as part of a Mixed Use Development at 69 West Main Street. Councilman Kidd moved to adopt Ordinance 2013-12. 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 -Absent James A. Radcliffe -Aye The next item on the agenda was Ordinance 2013-13, Approving a Special Exception for apartments as part of a Mixed Use Development at 94 West Main Street. Councilman Kidd moved to adopt Ordinance 2013-13. Councilman Goodman seconded the motion and carried on the following recorded vote: December 17, 2013/Page 2 of 6 Heather L. Steele -Aye H. M. Kidd -Aye Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Absent James A. Radcliffe -Aye The next item was Resolution 2013-16, Supporting the application of Lewis Gale Hospital-Pulaski for a Certificate of Public Need. Mayor Worrell noted this was added to the agenda at the request of Lewis Gale Hospital-Pulaski. He added that they had applied to the Virginia Department of Health for a certificate of public need to offer Stereotactic Radiosurgery. Mr. Quesenberry added that a zoning letter had been sent to the hospital to submit to the Virginia Department of Health. He added that since it was grandfathered in, no action was expected from Council. Councilman Goodman moved to adopt Resolution 2013-16 as written. Councilman East 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 moved on to Public Utilities. The first item was Water Treatment upgrade -bids for water pumps, waste drain valve replacement and filter plant renovations/upgrades. Mr. Pedigo addressed Council advising that staff was beginning the process of plant upgrades. He added that one bid request was sent out for raw water pumps and waste drain valves for the plant. He noted that the current raw water pumps were literally being held together by duct tape and staff wished to expedite getting those pumps in service and then work on the remainder of the upgrade. He advised that the pump bids had come in at $158,895 from Sydnor Hydro. He added that the waste drain valves bid had come in at $32,007.40. He asked for Council to approve those bids. Councilman Goodman moved to approve the bid of $158,895.00 from Sydnor Hydro for the raw water pumps. 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 Councilman Goodman moved to approve the bid of $32,007.40 for waste drain valves. Councilman East 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 The next item for discussion was Filter Plant construction/renovations. Mr. Pedigo advised that the bids received came back higher than expected. He added that staff was still evaluating the bids and working with the low bidder. He felt staff would be ready to recommend a low bidder by the next meeting. December 17, 2013/Page 3 of 6 Mayor Worrell moved on to Gatewood Dam Inundation study. He advised that the CIP included $50,000 ror an Inundation study required to bring the operations of Gatewood Dam into compliance with the Department of Conservation and Recreation (DCR) Dam Safety requirements. Mr. Pedigo advised that while $50,000 was budgeted, the result of an RFP/RFQ to do the needed work was a total of $41,445. Additionally, he noted that the DCR Dam Safety Flood Prevention and Protection Assistance fund had awarded the Town $8,300 to make the total Town funding requirement of only $33,145 for the project. The consensus of Council was for staff to proceed with the project. The next item on the agenda was a drainage problem at 717 Fourth Street, NE. Mayor Worrell reminded Council that staff had been asked to present cost estimates for the storm water drainage repairs related to the drainage problem at 4th Street, NE. Mr. Pedigo advised that staff had determined the approximate cost for materials at $10,000. He noted that there would also be right-of-way acquirement fees. Councilman Radcliffe inquired whether Mr. Pedigo felt approximately 50 acres would be affected by run-off water if the line broke? Mr. Pedigo commented that he had never done a calculation, but he felt that 50 acres was probably a close estimate. Councilman Radcliffe commented that he just wanted everyone to know that there were more than two properties at stake from this problem. Councilman Goodman inquired whether Mr. Pedigo could estimate the costs for staff and equipment for the repairs? Mr. Pedigo advised that he had not calculated those costs. Councilman Goodman advised that there would also be costs for staff and equipment and the taxpayers still had to pay those costs. He preferred to have the real costs calculated before a vote on whether to do the project. Councilman Radcliffe commented that you're paying for staff any way. Councilman Goodman responded that was true, however, staff had other projects they were working on and this would be one more thing added to their calendar. Discussion ensued regarding scheduling of the project. Councilman East commented that despite past conversations regarding an agreement dating back to 1936 between the adjoining property owners and the Town. He noted that no contract had been found. He felt'that the Town had an obligation to support the repair of this line. He added that "if it weren't a public issue, the Town could plug the hole and be done with it, but that's not the case". He noted that he would have a hard time not moving forward and allowing staff to repair the line. Councilman Goodman reiterated that the Town doesn't own the line, doesn't own the land. He added that "we're talking about a piece of private property that was put there by a private corporation eighty years ago and yes, there is a public good component to it". He noted that nowadays, you wouldn't even be allowed to do it. EPA would just say no... it's a flood plain, can't build it. His concern was that although the Town would be helping some citizens, there was still a component that was private property. He added that the property December 17, 2013/Page 4 of 6 owners were willing to give the Town an easement, but he would feel more comfortable if the property owners were contributing financially to the resolution. More discussion ensued regarding the decision to repair the problem and whether it would be setting a precedent for other problems in Town and also in regard to split funding the cost of the project. Councilman Radcliffe moved to direct staff to proceed with fixing drainage pipes at 7th Street and all legal papers to seek easements and parts. Councilman Kidd seconded the motion. Mr. Warburton noted that the address stated in the motion was incorrect and that he would be more comfortable if Council would add a top dollar amount to the motion. The motion was withdrawn and Councilman Radcliffe moved to direct staff to proceed with fixing the drainage line at 717 Fourth Street, NE. Councilman Kidd seconded the motion. Councilman Goodman inquired whether the motion included any split funding or a dollar cap? Mayor Worrell responded not as stated. Councilman East felt that a dollar cap should be included in the motion. He confirmed that the dollar cap amount could just include the materials and not staff costs. Mr. Warburton advised that the motion on the floor did not have any dollar amount or any kind of specific allocation. He recommended that if Council chose to follow this path, which he recommended against, that a dollar amount for materials generally be included in the motion. Councilman Kidd made a substitute motion to direct staff to correct the drainage line at 717 Fourth Street, NE, not to exceed $11,000 for materials. Councilman East 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 - No David L. Clark -Absent James A. Radcliffe -Aye Mayor Worrell moved on to Safety. He advised that the Virginia Attorney General's office had recently announced a funding award to the Town of Pulaski police department in the amount of $241,954. The funds would be used to update the police fleet. Chief Roche addressed Council advising that in July, Council had been advised by the Attorney General's office of a settlement with Abbott Labs. They solicited projects from all of the Police Department's in the state and the Town submitted a request for funding to update the police fleet. He added that the grant of $241,954 had to be expended within 24 months. Mayor Worrell advised that he had discussed some concerns he had with the Chief and the Town Manager. One of the concerns was that if all of the vehicles were purchased at the same time, they would all need replacing at the same time. He did not want to set future Council members up for that issue down the road. He noted that several ways to address the issue had been discussed. Chief Roche interjected that the plan was to distribute the current fleet to other departments that needed a newer vehicle. He added that he would like to sell the surplus vehicles and use those funds to equip the new vehicles. Councilman Goodman asked that prior to the purchase of the vehicles, that they be approved by Council so they could confirm that they conform to the future goals for the fleet. December 17, 2013/Page 5 of 6 Councilman Goodman moved to authorize staff to execute the documents to accept the grant of $241,95.00 and proceed with the project. 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 The next item on the agenda was Round Table discussion. Councilman East asked Mr. Warburton for an update on the Allen property on Main Street. Mr. Warburton advised that he had not yet heard from the process server in Nevada. He added that if that did not work, then it would be advertised. Councilman East commented that he would just like to see things finalized. Mr. Warburton advised that Council had directed that action be taken at whatever cost was reasonable. He continued that his judgment was that it was better to try a process server in Nevada at this point, which was less expensive and then move on to advertising at a greater cost if necessary. Following more discussion, the consensus of Council was for this topic to be added to the January Work Session. Next, Councilman Radcliffe advised that the Board of Supervisors would meeting on January 13, 2014 to discuss the possibility of building a new school. He encouraged Council and the public to attend the meeting and voice their opinions. At 6:07 p.m., there being no further business, Councilman Goodman moved to adjourn, seconded by Councilman Kidd and carried on voice vote. Approved: Jeffrey S. Worrell, Mayor December 17, 2013/Page 6 of 6