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HomeMy WebLinkAbout05-07-14Minutes of the Town Council meeting held Tuesday, May 7, 2014 at 7:00 p.m. in the Council Chambers of the Municipal Building: There were present: Mayor: Jeffrey S. Worrell Council: Gregory C. East, David L. Clark (arrived at 7:15 p.m.), H. M. Kidd, Joseph K. Goodman, James A. Radcliffe Absent: Heather L. Steele Staff: Shawn M. Utt, Town Manager David Warburton, Town Attorney Dave Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Tony Meredith, Police Department John White, Economic Development Director Pam Witten, Finance Director Bill Pedigo, Town Engineer Others: Lane Penn Betty Quesenberry Nick Glenn Calvin Pynn, SW Times Mayor Worrell called the meeting to order at 7:00 p.m. Bill Chrisley Councilman Kidd led the Pledge of Allegiance and Mayor Worrell gave the Invocation. Following roll call, Mayor Worrell declared a quorum and he noted that Councilman Clark was expected momentarily. Councilman Goodman moved to add the following to the agenda: Under Project Updates item 11: C. Water Treatment Plant upgrades d. Tornado CDBG grant e. 4th Street Drain Under New Business item 13: a. Resolution 2014-18, Calling On State Government To Pass A Budget Under item 14, Closed Session: Under Virginia Code 2.2-3711 (A-3), Acquisition or use of real property located in Town limits being offered to the Town for a public purpose, or disposition of property. Councilman East seconded the motion and carried on the following recorded vote: Heather L. Steele - Absent H. M. Kidd - Aye Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Absent James A. Radcliffe - Aye Mayor Worrell welcomed the visitors to the meeting. The first item on the agenda was the Public Comment period. Page 1 of 5/May 7, 2014 RIT Chrisley addressed Council encouraging them to rebuild the visitor's locker room at Calfee Park so that the Town could retain the baseball team. Mayor Worrell commented that Council was on record as supporting the necessary improvements to Calfee Park. He added that it was hoped to have some detailed plans very soon. Next, Nick Glenn addressed Council regarding election results. He congratulated all the winners of the Council election and thanked all of the candidates including himself who ran for office. He advised that the public was very complimentary of all of the candidates and of their willingness to serve. He added that the public expressed appreciation for the communication between the candidates and the public. He offered to assist Council in any endeavor that he could. Mayor Worrell responded that he felt it had been a positive campaign. He thanked all of the candidates. Councilman Kidd also commended the candidates for running. He agreed that it was a positive campaign. He added that it had been an honor to serve with Councilman Goodman and welcomed Mr. Penn to Council. Councilman East inquired into the status of updating the public via newsletter or water bills? Mr. Utt advised that he had planned to include information in the County's newsletter. The next item on the agenda was the Consent Agenda. Councilman Kidd moved to adopt the Consent Agenda consisting of the April 1, 2014 Council minutes as written. Councilman Radcliffe seconded the motion and carried on voice vote. Councilman Clark arrived at 7:15 p.m. Mayor Worrell moved on to Project Updates. The first item was Sewer Pump Station tours. Mayor Worrell advised that Council had discussed touring the Sewer Pump Station Mr. Utt added that June 17th would work well for the tours and he suggested that the tours be the only agenda item for that meeting. Council agreed with this date. The next item was Kersey Bottom/Case Knife CDBG Planning Grant. Mr. Utt advised that after the Town's Planning Grant was approved for the Kersey Bottom/Case Knife project, a letter was received advising that the Town's Planning Grant had been revoked and the County's joint Planning Grant had been approved. He added that the Town had not applied for a joint Planning Grant. After consulting with the state and with Craig Wilson of Community Planning Partners, it was discovered that the state had run out of money and decided that since the Town and County had worked so well together on the Tornado Planning grant, that the Town and County could work together on this Planning Grant as well. He added that Town and County staff were meeting to decide how to divide the funds from this grant. Once this division had been ascertained, then staff would meet with the consultants to form a plan. Mayor Worrell moved on to Water Treatment Plant upgrade. Page 2 of 5/May 7, 2014 1 Mr. Utt provided an update including that the VDH loan had closed, the first drawdown of approximately $270,000 had been submitted to help pay for the design work to date and other legal costs, and that the next drawdown of approximately $170,000 was being prepared for submittal to keep projects going. The next item was the Tornado CDBG. Mr. Utt advised that the Volunteer house was almost complete, Town shop crews were helping with landscaping in between rain storms and contractors were wrapping up some odds and ends. Councilman Radcliffe asked whether the houses were one hundred percent complete when the contractors leave? He advised that he had received a complaint about a house on Jefferson Avenue. Mr. Utt advised that if Councilman Radcliffe would forward the name of the complainant, he would follow up. He noted that there were two different processes going on. One was the tornado volunteer effort that was coordinated by the County and the other was the Town/County grant work. Councilman Kidd advised that he had received complaints from the same individuals. Mr. Utt reiterated that he would follow up. The next item on the agenda was Fourth Street update. Mr. Pedigo advised that this project was complete except for spreading top soil, seed and straw after the soil dried up. Councilman Clark interjected that he had received many compliments from the citizens regarding the Town crew and the work they did on this project. Mayor Worrell agreed and added that some of the work was done in single digit temperatures. Mr. Pedigo agreed and added that the project grew from its original plan in order to fix an issue for the neighborhood and that staff was still able to come in under the allotted budget. Mayor Worrell moved on to Old Business. The first item was Joint Dispatch agreement. Mr. Utt advised that the Joint Dispatch agreement had been revised to meet the shared concerns of the Town Attorney and County Attorney relevant to the cost allocation model. The final version had been included in the packet and had been approved by the County Board of Supervisors at their April 28th Board meeting. He noted that the allocation of costs would be based on population. He added that once the center was operational, if a more fair and accurate cost allocation method was determined, the governing bodies of the Town and the County would both be required to approve before its implementation. Following discussion, Councilman Kidd moved to approve the joint dispatch agreement and to authorize the Mayor and Clerk of Council to execute the documents. Councilman Radcliffe seconded the motion and carried on the following recorded vote: Heather L. Steele - Absent H. M. Kidd - Aye Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Aye James A. Radcliffe - Aye The next item for consideration was Planning Commission Case 2014-01ZA, Pertaining to garages in the B-3 District. Page 3 of 5/May 7, 2014 Mayor Worrell advised that Council had previously held a Public Hearing on the issue. Mr. Utt advised that at the Public Hearing, some concerns were expressed, and Council referred the issue back to the Planning Commission for clarification. The Planning Commission recommendation to Council was not to allow garages as a use in the B-3 Business District. Councilman Clark moved to accept the Planning Commission recommendation not to allow garages as a use in the B-3 District. Councilman East seconded the motion and carried on the following recorded vote: Heather L. Steele - Absent H. M. Kidd - No Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Aye James A. Radcliffe - Aye Mayor Worrell moved on to 99 First Street, NE. Mr. Utt advised that a summary of action relating to the dilapidated structure at 99 First Street, NE had been included in the packet. He noted that the Fire Marshal recommended that a certified letter be sent to the property owner informing her that the condemnation order dated August 22, 2011 still stands, and the structure was still unsecured, open to vandals and presented a public nuisance. Additionally, the Fire Marshal recommended providing the property owner 90 days to remedy the issue or the Town would move forward through the Building Code and Property Maintenance. He noted that this was an informational issue for Council. Councilman Radcliffe advised that while he was helping Friends of Peak Creek, he noticed the building in question. He expressed concern that some kids might enter the building and have it fall on them. He noted that some of the building had already fallen into the creek and he was concerned that DEQ or the EPA might become involved. Mr. Warburton commented that the Fire Marshal, Building Inspector and other authorities could take immediate action if it was required. He noted they had the Engineering background to make that determination. He reminded Council of the active conversation going on between counsel for the owner and himself now that other matters had been cleared up. Mayor Worrell asked Mr. Pedigo to make the Fire Marshal aware of Council's concern regarding the property. Mr. Pedigo responded in the affirmative. The next item on the agenda was Resolution 2014-16, Committee Member Recruitment Policy. Mayor Worrell advised that Council had discussed this item several times regarding developing a policy on appointments on committees, boards and authorities. He added that staff had developed the Resolution for Council's review and comments. Councilman Radcliffe inquired whether any more applications had been received? Mr. Utt responded that they were trickling in. Councilman 'Last inquired whether the application could be completed on the web site? Mr. Utt responded that he thought it was on the web site. Councilman Goodman expressed, concern that it exclusively states Face book or the Town's website. He preferred a more generic wording such as advertise on social media. Page 4 of 5/May 7, 2014 Councilman East moved to adopt Resolution 2014-16, Committee Member Recruitment Policy as amended. Councilman Clark seconded the motion and carried on the following recorded vote: Heather L. Steele - Absent Gregory C. East - Aye David L. Clark - Aye H. M. Kidd - Aye Joseph K. Goodman - Aye James A. Radcliffe - Aye The next item was New Business and Resolution 2014-18, Calling On State Government To Pass A Budget. Mayor Worrell advised that a number of other localities had adopted a Resolution and he felt it was worthy of Council consideration. Councilman Clark moved to adopt Resolution 2014-18, Urging Passage Of A State Budget For The 2014-16 Biennium. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele - Absent H. M. Kidd - Aye Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Aye James A. Radcliffe - Aye At 7:43 p.m., Councilman Goodman moved to enter into Closed Session under Virginia Code 2.2-3711 (A-3) Acquisition or use of real property located in the Town limits being offered to the Town for a public purpose, or disposition of property. Councilman Clark seconded the motion and carried on the following recorded vote: Heather L. Steele - Absent H. M. Kidd - Aye Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Aye James A. Radcliffe - Aye At 8:05 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Goodman, seconded by Councilman Clark and carried on the following recorded vote: Heather L. Steele - Absent 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, the meeting adjourned at 8:07 p.m. on motion by Councilman Clark, seconded by Councilman Kidd and carried on voice vote. Approved: y S. Worrell, Mayor Page 5 of 5/May 7, 2014