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HomeMy WebLinkAbout10-05-10Minutes or me Town council Meeting held October 5, 2010 at 7::00 p.m. in the Council Chambers of the Municipal Building at 42 First -Street, NW. There were present: Mayor Jeffrey S. Worrell Council: Morgan P. Welker, H. M. Kidd, David L. Clark, Joel B. Burchett, Jr., Robert A. Bopp, Absent. Joseph K. Goodman Staff: John J. Hawley, Town_ Manager Patricia Cruise, Clerk of Council R. D. Warburton, Town Attorney Gary Roche, Police Chief John White, Economic Development Director Elizabeth Chitwood, Secretary Others: Doug Wilson Phillip L. Shrewsbury Shirley Shrewsbury Brittany Branch Clark Payne Melinda Williams, Press Mike Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Welker led the Pledge of Allegiance and Councilman Burchett gave the invocation. i-55 Following roll call, Mayor Worrell welcomed the public to the meeting:. He pointed out that Councilman Goodman was not at the meeting as he was at the Virginia Municipal League conference on Town business. He moved on to Public Hearings. The first Hearing was proposed amendments to the Commercial Historic District. Mr. Hawley advised that per Council's request, the Planning Commission reviewed the guidelines on the Commercial Historic District in Town. Concern had been expressed that the Historic District designation was discouraging development in the downtown area. Following review by the Planning Commission, their recommendation was that there be no changes to the Commercial Historic District regulations, since there appear to be other issues more adversely affecting the Downtown area than the historic designation. Mayor Worrell opened the Public Hearing at 7:04 p.m. There being no comments, the Hearing was closed. The next Hearing was a review of site plan for 535 and 605 Commerce Street. Mr. Hawley advised that the -Town became aware of the operation of a garage at the site after receiving a complaint regarding inoperative vehicles. Staff discovered that no site plan had -been filed with the Town for the operation of a garage as required by zoning regulations. A Notice of Zoning -Violation was sent to the owner, who promptly made application to the Planning Commission for a site plan review. Following review, The Planning Commissionrecommended the site plan approval subject to Administration review. The Administration has determined that the storage of inoperative vehicles is an issue that must be determined by Town Council under the site plan review process, since the inoperative vehicle ordinance does not cover industrial districts and state and local zoning codes prohibit a junkyard/auto graveyard at the site.. Mayor Worrell opened the Public Hearing at 7:10 p.m. There being no comments from the public, the- Hearing was closed. Following extensive -discussion, Councilman Welker moved to accept the Planning Commission recommendation with the addition of the requirement of an eight foot high opaque fence constructed around October 5, 2010/Page 1 of 7 a rea containing inoperable vehicles and that all state code. requirements are met regarding vehicle gr&byards.and junk yards. Councilman Burchett seconded the motion. Mayor Worrell commented that eight foot is a lot of fence. -He didn't know that it needed to be that high. Councilman Welker amended his motion to have the fence be six foot high. Following discussion, Councilman Welker withdrew his motion. Following more discussion, Councilman Welker moved to accept the recommendation of the Planning Commission with the addition of the requirement that the business be required to screen with a six foot high opcique-fence around the inoperable vehicles. Councilman Burchett seconded the motion. and itcarried on the following recorded vote: Morgan -P. Welker - Aye Joel B. Burchett, Jr. - Aye H..M. Kidd - Aye Robert A. Bopp - Aye David L. Clark - Aye Joseph -K. Goodman - Absent The next Public Hearing was in regard to a Zoning amendment to incorporate state law regarding "Med- Cottages into the Zoning regulations. Mr. Hawley advised that this was the second required public hearing to amend the Town's Zoning Ordinance to allow "med cottages" by right. The General Assembly had.passed, and the Governor signed into law an amendment to the Code of Virginia which requires localities -to allow "temporary family health care structures as an accessory -use in any single-family residential zoning district on.lots zoned for single-family dwellings. The Planning Commission recommended. that the amendments be adopted and. placed within the zoning regulations in the accessory uses section of residential districts. Mayor Worrell opened the Public -Hearing at 7:23 p.m. There being no comments, the Hearing was closed. Councilman Welker moved to direct staff to bring -back the proper paperwork to amend the Town's Zoning Ordinance .to allow "med cottages" by right. The motion was seconded by Councilman Clark and carried on the following recorded vote: Morgan P. Welker _ Aye Joel B. Burchett, Jr. - Aye H. M. Kidd - Aye Robert A. Bopp - Aye David L. Clark - Aye Joseph K. Goodman - Absent Mayor Worrell moved on to the Public Comment period. The first registered speaker was Doug Wilson of Valley Road. Mr. Wilson advised that they still had no water pressure in their section of Valley Road. He advised that the pressure would come on a little trickle and then drop. He asked'for the -Town's help. Phillip Shrewsbury of Valley Road also complained of no water pressure. He advised- that this had been going on for approximately 4'/z months and he inquired when it would be fixed. Mayor Worrell -responded that he didn't know how long it would take. He assured Mr. Shrewsbury that staff was working .on the problem. Mr. Hawley summarized the work done to date to try to find the problem Councilman Burchett interjected that he had visited the area and interviewed several_ families in the area. He saw little or no water pressure and advised that the citizens said -that it had started approximately four to six October 5, 2010/Page 2 of 7 1 1 months ago and was steadily worsening. He opinea TnaT Tnese cmcen:i s►wuiu I wi I Iuvc lu Nay IVB 11-1VII YVuIa during this time. He wanted the solution to this problem to be made a priority. .57 Following more discussion, Mayor Worrell advised Mr. Shrewsbury that the Town is working on the problem -and would continue to do so. Councilman Burchett suggested that the citizens on Valley Road be in line to get some sort of credit on their water accounts for the issues they've had to deal with. "I would have a huge,problem paying for what they're getting, if it was me", he stated. He continued "And I feel that if anybody is deserving for something along those lines, it's certainly those folks". Councilman Welker interjected "at least the fixed costs anyway". Mayor Worrell commented that water rates and water pressure problems are two completely different things. I don't want to blur the two -issues here. The overriding problem .that you have is.water pressure. The water bill and the water rates are just not an issue. Mr. Shrewsbury agreed that the pressure was the issue. He didn't mind paying for the water. Councilman Burchett responded that "you don't mind paying it. if you're getting it". Mayor Worrell reiterated that the Town was working on the issue and would continue to do so. He suggested that Council and Mr. Shrewsbury be updated more often in the meantime. Councilman Burchett reiterated that they should be in line for "some sort of credit just for the heartache they've gone through". "This is an extreme case". Councilman Welker inquired whether it would be possible to waive the fixed water costs until the problem is fixed? Mayor Worrell suggested we concentrate on solving the problem and then deal with that. Next, Councilman Burchett advised that he had -read about a Request For Proposals to deal with sludge at the Water Plant. He asked Mr. Hawley to explain what that is? Mr. Hawley advised that the Sludge Pond on Maury Avenue has to be pumped out about once 'a year to get enough capacity to allow the sediment to settle and the water to discharge to the drainage area. Mayor Worrell moved on to the Consent Agenda. Councilman -Clark -moved to adopt the minutes of the September 7, 2010 Council minutes as written, seconded by Councilman Welker and carried on voice vote. Next, Mayor Worrell introduced Brittany Leanne Branch. He presented her with the Saved by the Belt Award for wearing her seat belt when involved in a vehicle accident. Officer John Saul -recommended tuts. Branch for the award. The next item on the agenda was Project Updates. The first item was Dora Highway Revitalization. Mr. Hawley reviewed the progress with this project. He advised that Joe Myers Company was the low bidder for two houses in the project area. The next item was Boundary adjustment. October 5, 2010/Page 3 of 7 Mr.. Hawley advised that no opinion letters had been received since the last Council meeting. He advised that he8d the Mayor -met with the Country Club representatives, who expressed concern for the real. estate tax. He reviewed the progress with the project. Following discussion, Councilman Welker inquired if any contact had been made with the citizens of Newbern Heights? Mr. Hawley advised no comments had been received from Newbern Heights and staff had riot-tried'to contact them to see if they- had any desire to be included. Mayor Worrell asked whether the County had the capacity or infrastructure to put sewerservice into Newbern Heights? Mr. Hawley responded that a pumping station would have to be installed to serve Newbern Heights, whether by the Town or the County. Following discussion, Mr. Hawley advised that staff would spot check the residents of Newbern Heights to ascertain their interest. Councilman Welker commented that his gut feeling was that more focus was needed in the Route 99 area and possibly out 611 toward Newbern Heights. He felt that Route 99 would provide the interstate access and the ability to develop commercial properties and he felt more growth would occur in the 611 corridor. Mayor Worrell commented that those were the type decisions that would have to be made very soon and he was anxious to receive the revised scenarios from the consultant. Councilman Burchett commented that he felt. that the Route 99 option gave the best opportunity to grow the Town without growing the size of the government. He added that if the. Route 99 area was to be included, more research needed to be done regarding improving the interstate loop. Following discussion, Mr. Hawley advised that he would speak with the consultant regarding the cost of improving the interstate exit and entry. Mayor Worrell moved on to the Train Station. He commented that a lot of progress had been made on the project and encouraged Council to arrange with staff for a tour. Mr. Hawley summarized the extent of the progress made on the project. The next item on the agenda was Ask Pulaskitown program. He advised'that the website had gone live. Mr. Hawley provided an overview of the program. He drew attention to -the fact that if -it were an emergency, not to use this system, but to call the Town. The next item. on'the agenda was blight -improvements. Mr. Hawley advised. that the Blight Committee met and welcomed Deputy Jamie Radcliffe to the Committee. He added -that the -Boysaw- building: had been demolished due to concerns that the wet weather wascreating more of a hazard. Additionally, discussion had focused on how much time Town staff should use to find resources for citizens who say they do not have resources to paint or fix up. He commented that Council would need to discuss this at a later date. Mayor Worrell moved on to Old Business. The first item was Resolution 2010-24, Appointment Of- Members to Various Agencies, Authorities and Boards. This Resolution appointed Terry Nester to the PeppersFerryWastewater Regional Treatment Authority; Lydia Hickam as the Agency on Aging representative; Jill Sandidge as Alternate to the Agency on Aging; and Robert Smith to the Cemetery Trustee Board. October 5, 2010/Page 4 of 7 uounciiman Clark moved to adopt Resolution 2010-24, Appointment Of Members to Various Agencies, Authorities and Boards: Councilman Kidd seconded the motion and carried on the following recorded votf:5 9. Morgan P. Welker - Aye Joel B. Burchett, Jr. - Aye H. M. Kidd - Aye Robert A. Bopp - Aye David L. Clark - Aye Joseph K. Goodman - Absent The next item on the agenda was Lien Collection plan. Mayor Worrell advised of a meeting with one of the property owners with one of the -larger liens. They seemed eager to resolve the issue. They were going to discuss and get back with staff. He added that some information had been included in the packet for Council's review. Mr. Hawley advised. that the Finance Director and the Town Attorney had worked to .gather information that Council had requested to help with decision making on Council's part. The Town Attorney summarized the information in the packet and provided options for Council. Councilman Welker inquired whether the PHRA had expressed interest -in any of these parcels? Mr. Hawley replied "In general, yes". Some initial discussions were in regard to -acquiring -some land that they could sell to start generating income for the Authority: He didn't think the Authority had been asked -about the six specific parcels referred to in the Council packet. Councilman Welker asked whether the IDA was interested? Mr. White replied yes. Mayor Worrell opined that both Authorities should be approached to determine their interest. Councilman Burchett commented. that he would like to examine a Treasurer's lien as referred to in an email from Councilman Goodman. Mr. Warburton responded that the Finance Director had the book referred to in the email and that it was put out under.the authorship of the Treasurer's Association of Virginia. He noted that he had borrowed the book on occasion from the Finance Director. He added that he had not seen the email referred to by Councilman Burchett, so he -was not prepared, but offered to answer questions from Councilman Burchett if he could. Councilman-Burchett acknowledged that he did not fully understand the process of a Treasurer's lien. He then reviewed how he thought a -Treasurer's lien worked. Councilman Welker commented that he had read about it as well, and while he didn't.think it would apply .to the -listed set of liens, felt it could apply to other situations. Mayor Worrell advised that -he had not hadr time to fully read Councilman Goodman's email. He suggested adding the topic to the next Council Work Session for review. Mr. Warburton summarized the steps taken in a Treasurer's lien and confirmed that it meets the requirements of the law without judicial -guidance. He advised that it could be used for any lien and might be more useful fdr smaller liens. He emphasized that the process is labor-intensive and the Finance Department staff is maxed out in their work load. Extensive discussion ensued regarding the methods involved in this lien process Councilman Welker advised that the Town needed to get the report back for the property owner willing to work with the Town on their lien and find out whether the PHRA and IDA were interested in any of the listed properties and take action from there. October 5, 2010/Page 5 of 7 Mayor Worrell agreed with Councilman Welker and in the meantime, the staff could get information on a Trei@rev's lien for. Council to'review at a future meeting. The next item: on the agenda was Harrison sewer easement. Mr. Hawley advised that he had contacted David Wright, who owns: the land between Mr.. Harrison and the existing sanitary sewer. Mr. Wright expressed concern that this piece of property might be used -for rental purposes, as he owns -rental property adjacent to the Harrison property. He wished to know how Mr. Harrison's property would be used. He would not state a- price for the easement at this time. Mayor Worrell commented that at this point, the Town is acting as intermediary between the two parties.. Mr. Hawley advised that the last time he spoke with Mr. Harrison, he was anticipating the Town paying for the easement and paying to extend the line to his property. He -advised that he would speak with Mr. Harrison to ascertain his tentative plans for development. Mayor Worrell moved on to New Business. The first item was Halloween schedule. Mayor Worrell advised that Halloween falls on a.Sunday this year. He advised that Pulaski County and the -Town of Dublin had elected to have trick or treating. in their jurisdictions on Monday, November 1. He added that - requests had been received to have trick or treating on Saturday night. He noted that Councilman. Goodman had expressed a.preference that Halloween be held on.Saturday night. Councilman Welker felt Halloween should be held on the day that it fell, which this year was Sunday, the 31 st, Councilman Burchett, Kidd and Clark felt that the Town should follow the lead of the County and the Town of Dublin and hold Halloween on Monday, November 1 this year, to avoid confusion between the Town and the County. Councilman Welker moved to celebrate Halloween this year on October 31 st. The motion died -for lack of a. second. Councilman Kidd moved to celebrate Halloween this year on Monday, November 1. The motion was seconded by Councilman Burchett. and carried on the following recorded vote: -Morgan P. Welker - No Joel B. Burchett, Jr. "Aye H. M. Kidd - Aye Robert A. Bopp - Aye David L. Clark -. Aye Joseph K. Goodman - Absent The next item on the agenda was Museum artifact. Mr. White advised that following a recommendation from the Museum Artifacts Committee, it was recommended that an artifact that had been donated to the Raymond Ratcliffe Museum called Dionysus, be donated back to the Theatre. Councilman Welker moved to declare Dionysus to be surplus property and to convey it to the Pulaski Theatre. The motion was seconded by Councilman Clark and carried on the following recorded vote: Morgan P. Welker - Aye Joel B. Burchett, Jr. - Aye H. M. Kidd - Aye Robert A. Bopp - Aye David L. Clark - Aye Joseph K. Goodman - Absent Mayor Worrell moved on to ceremonial discharges. Mr. Hawley advised that section 50-70 of the Town Code prohibits the discharge of firearms in Town. Recently a 21 gun salute for the returning veterans had been proposed and would have violated this section. Staff October 5, 2010/Page 6 of 7 1 recommenaaTion was -to modity the Code to allow for discharge of firearms in the Town for approved ceremonial events. ,61 Councilman Clark -moved to direct staff to prepare the proper paperwork and schedule a Public Hearing to allow the discharge of firearms in Town for approved ceremonial events. Councilman Welker seconded the motion and it carried on the following recorded vote: Morgan. P. Welker - Aye Joel B. Burchett, Jr. - Aye H. M. Kidd - Aye Robert A. Bopp - Aye David L. Clark -.Aye Joseph K. Goodman - Absent There being no further business, the meeting adjourned at 8:48 p.m., on motion by Councilman Clark, seconded by Councilman Welker and carried on voice vote. Approved: y §."Wo_ell, Mayor October 5, 2010/Page 7 of 7