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HomeMy WebLinkAbout01-28-141VITn~ftes of the Town Council meeting held January 28, 2014 at 5:00 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, Joseph K. Goodman, James A. Radcliffe Absent: H. M. Kidd Staff: Shawn Utt, Town Manager Patricia Cruise, Clerk of Council David Warburton, Town Attorney David Quesenberry, Assistant to the Town Manager Bill Webb, Fire Chief Gary Roche, Police Chief Bill Pedigo, Town Engineer Pam Witten, Finance Director John White, Economic Development Director Dave Hart, Parks and Facilities Director Others: Clark Payne Gary Heinline Jennifer Viers Nick Glenn Hung Lui Mike Williams, Press Calvin Pynn, Press Mayor Worrell called the meeting to order at 5:00 p.m. and welcomed the visitors to the meeting. Following roll call, Councilman Goodman moved to add item 12b. Fire Department Burn Building grant to the agenda. Additionally, to add item 15 a, Closed Session under Virginia Code 2.2-3711, (A-1) 1 item, and (A-7) 2 items to the agenda as well. Councilman Clark seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Absent Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye Councilman Goodman moved to adopt the Consent Agenda consisting of the December 17, 2013 Town Council minutes. Councilwoman Steele seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Absent Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Abstain James A. Radcliffe -Aye Mayor Worrell moved on to Public Operations. He noted that there were four Annual Reports for review. Mr. Quesenberry provided an overview for the Annual Reports for the Housing Board of Adjustment and Appeals, the Architectural Review Board, the Board of Zoning Appeals, and the Planning Commission. He noted that some appointments for the various Boards and Commissions would soon be expiring. Councilman Goodman moved to accept the Architectural Review Board report. Councilman Radcliffe seconded the motion and carried on the following recorded vote: January 28, 2014/Page 1 of 6 Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Absent Joseph K. Goodman -Aye James A. Radcliffe -Aye Councilman Clark moved to accept the Board of Zoning Appeals report. 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 -Absent Joseph K. Goodman -Aye James A. Radcliffe -Aye Councilman Clark moved to accept the Planning Commission report. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Absent Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye Councilman Clark moved to accept the Housing Board of Adjustments and Appeals report as presented. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Absent Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye The next item on the agenda was Virginia Main Street/Pulaski Chamber of Commerce. Mayor Worrell advised that this item had been added at the request of Councilman East. Councilman East advised that he had been thinking about how to marry the Virginia Main Street program and the Community Economic Development office. He added that the rules of the Virginia Main Street program were such that they did not want the executive director to report or be a member of Town staff. They recommend that the director be from anon-profit organization. He wondered if the Pulaski County Chamber of Commerce could oversee the Virginia Main Street program. Mayor Worrell commented that he liked the idea. He felt that this could be an avenue to move forward. Councilman Goodman inquired whether Councilman East had spoken with the Chamber about this idea? Mr. East replied that he had spoken with the Chamber briefly. Mr. Utt responded that he had preliminary discussions with the Chamber. He added that he would discuss this idea in more detail if Council wanted, and come back to Council with a plan of action within the next month or two. Following discussion, the consensus was for the Town Manager and staff to follow up with the Chamber of Commerce and touch base with Greater Pulaski Alliance and report back to Council. Mayor Worrell moved on to Finance. The first item was Davenport Associates agreement. Mr. Utt advised that at a previous Council meeting, staff was directed to negotiate with Davenport and Associates to assist with some of the budget needs. He added that there were three agreements in the January 28, 2014/Page 2 of 6 pacTcet. He explained the differences between the three agreements and asked that Council authorize the Town Manager to execute the documents as presented. Councilman Clark moved to authorize the Town Manager to execute the documents with Davenport and Associates as presented. 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 -Absent Joseph K. Goodman -Aye James A. Radcliffe -Aye The next item on the agenda was Pulaski Area Transit FY 15 budget request. Mr. Utt advised that as had been the case in the previous years, the Pulaski Area Transit (PAT) needed Council action on their FY 15 budget request before Council's review of the other requests, due to state grant funding application deadlines. He added that the 2014-15 PAT request was for $56,989. He noted that this was an increase of approximately $9,000 from the 2013-14 budget. Mr. Heinline addressed Council and provided a summary of the progress made in the last fiscal year. Following discussion, Councilman Clark moved to approve the Pulaski Area Transit budget request for $56,989.00. Councilman Radcliffe seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Absent Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye Mayor Worrell moved on to Legislative items. The first item was Planning Commission Referral for Zoning Amendment. Mr. Utt advised of a request from a property owner on West Main Street for a proposed use that would require an amendment to the Town's Zoning Ordinance. He noted that a garage was once located at the address, but had closed more than two years ago. Thus, it had lost its non-conforming use status and would require an amendment to the Town's Zoning Ordinance to be able to move forward. Councilman Clark moved to refer the zoning amendment request for a garage on West Main Street between Jefferson Avenue and Randolph Avenue to the Planning Commission for review. Councilman Goodman seconded the request 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 unlicensed vehicles. He advised that Councilman Radcliffe had requested this be added to the agenda. Councilman Radcliffe advised that he had noticed a lot of junk cars all over Town. He felt that as the Town tried to attract businesses to Town, the junk cars inhibited that progress. He asked what could be done to remove the junk vehicles from the businesses. He felt the Town needed to get very aggressive on this issue. ~, Mayor Worrell agreed that it was a problem in the Town. He noted that this issue had come before Council time and again. He noted that the Inoperable Vehicle Ordinance had been updated several years ago amid much debate. January 28, 2014/Page 3 of 6 Councilman Goodman noted that the current Inoperable Vehicle Ordinance did not apply to businesses. Councilman East advised that the Town zoning prohibits junk cars. He felt the Town needed to enforce the zoning laws. Mr. Utt commented that one of the frequently asked questions by staff was who defines junk? He felt that the language might need to be amended. Following extensive discussion, the consensus was for the Town Manager, the Chief of Police and the Town Attorney to work on needed changes in the Inoperable Vehicles Ordinance. Additionally, Mr. Quesenberry was asked to send a template of the zoning notification to Town Council. Lastly, staff was asked to enforce the current zoning more closely. Councilman Goodman advised that the Comprehensive Plan needed to be updated as well. Mr. Utt interjected that the Planning District Commission was looking for ideas to work on. He added that he submitted a request for their help in updating the Comprehensive Plan. If the project was chosen, the Planning District Commission would cover 50% of the cost of the project. Mayor Worrell moved on to Safety. The first item was the Allen property. He reminded Council that there had been a discussion of the Allen property at the last meeting. He had requested the item be placed on the agenda for further update. Mr. Warburton advised that he had been unable to reach Mr. Allen with the notice of suit from the Town. Two process servers had tried to deliver the notice. He noted that he had been trying to handle this in the least expensive, most expeditious way. He added that the next step would be to get a judgment against the property, if Council wished. Mr. Utt offered to try to call Mr. Allen and offer the value of the work done to date in exchange for the ownership of the land. Councilman East encouraged this attempt. Following discussion, staff was asked to call the Sheriff of Sparks County and ask them to serve Mr. Allen. Additionally, staff was asked to provide an update at the February 18 Council meeting. Mayor Worrell moved on to Fire Department Burn Building grant. Chief Webb advised that the Fire Department burn building needed approximately $30,000 in repairs and updates. He asked for approval to apply for a grant from Virginia Fire Services Board to fund the repairs and updates. He noted the grant request would be for $29,499. He added that he felt confident that the grant would be approved. Following discussion, Councilman Clark moved to authorize the Town staff to apply for the $29,499 grant. Councilman East seconded the motion and carried on the following recorded vote: Heather L. Steele -Aye H. M. Kidd -Absent Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye The next item on the agenda was Round Table Discussion. Ms. Steele asked the status of the Gatewood bathroom update? January 28, 2014/Page 4 of 6 Mr. Hart advised that he was getting estimates on the work and that he planned to have the work completed by the April 1 opening. Councilman East inquired when Council would receive the Museum quarterly report? Mr. Utt responded that he had requested a report and could provide it at a Work Session or at a Weekly update. Mayor Worrell suggested that the Weekly update would be appropriate. Councilman East advised that at the last Planning District Commission meeting, Mr. Sweeney, a Park Manager of the New River Trail Park, presented some interesting facts about the Trail. He noted that he had asked Mr. Utt to schedule the same presentation for a Council Work Session. He added that after seeing the presentation, it was apparent that the Town needed interstate signage for the Pulaski entrance to the Trail. Mr. Utt advised that Mr. Sweeney had accepted the invitation and they were trying to determine a date for the presentation. He added that the County was trying to get a New River Trail sign on the interstate as well, and he was trying to work with them on the project. He noted that the cost for the signage was in the $25,000 to $30,000 range. Councilman East commented that after seeing the numbers who go on the Trail each year, he still felt that signage was needed for the Town. Next, Councilman Clark advised that he had also noticed the increase in junk cars in Town and agreed with Councilman Radcliffe that something needed to be done. Additionally, he thanked the Town crews for their excellent work during the recent freezing temperatures. Councilman Goodman inquired into the status of the Armory agreement? Mr. Utt responded that he met with the group approximately three weeks ago. He added that he was waiting for a response from that meeting. Chief Roche advised that he had received an email from them, requesting some documents. He added that there seemed to be a disagreement regarding the language provided in the template. He noted that he had also spoken with the Attorney General's office in an attempt to expedite the matter. Councilman Goodman then advised that he did not think it was expressed well when Council previously discussed the school construction issue. He wanted to make it clear that while Council had some concerns about the current presentation, Council recognized that something needed to be done about the physical condition of the schools and in particular the middle schools. Mayor Worrell responded that when the topic came up, he always expressed that sentiment. Councilman Radcliffe recognized the water break crew for their hard work during this unusual winter. He thanked them for their efforts. At 6:20 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711 (A-1), Discussion for consideration of employment, promotion, performance, demotion, salary, disciplining or resignation of public officers, appointees or employees - 1 item; and (A-7), Consultation with legal counsel and briefings by staff for discussion of specific legal matters and matters for possible litigation - 2 items. Councilman Goodman inquired of the Town Attorney whether the motion was sufficient as worded for FOIA - that they had the subject that's required, not just the code? January 28, 2014/Page 5 of 6 ~~I ~~ Mr. Warburton responded that he listened very carefully to the motion and believed that the proposed motion was correctly worded. He added that perhaps Councilman Goodman would enlighten him, so that no mistake was made. Councilman Goodman responded that from what he understood from the FOIA Council, usually you have to have some specific reference or at least a subject that's not from the code. Mr. Warburton advised that those motions, given his understanding of the law, were sufficient. Councilman Goodman then 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 -Absent Joseph K. Goodman -Aye James A. Radcliffe -Aye At 7:03 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: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H. M. Kidd -Absent Joseph K. Goodman -Aye James A. Radcliffe -Aye There being no further business, the meeting adjourned on motion by Councilman Goodman, seconded by Councilman Clark and so carried. Approved: Jeffrey S. Worrell, Mayor January 28, 2014/Page 6 of 6