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HomeMy WebLinkAbout02-02-10Minutes of the Town Council -Meeting held.February 2,200 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: David L. Clark, Larry G. Clevinger,11, H. M. Kidd, Joel B. Burchett, Jr. Robert A. Bopp, Morgan P. Welker Staff: John J. Hawley, Town Manager Patricia Cruise, Clerk of Council David Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director Dave Hart, Parks and Facilities Director Gary Roche, Police Chief John White, EconomicDevelopmentDirector R. D. Warburton, Town Attorney Elizabeth.Chitwood, Economic Development Others: Donna Bobbitt. Audrey Kertesz Joseph K. Goodman John Saul, Police Officer Melinda Williams, Press Mike Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Kidd led the Pledge of Allegiance and Councilman Clark gave the Invocation. The first item on the agenda was Presentations. Mr. Quesenberry summarized the 2009 reports for the Architectural Review Board, Board of Zoning Appeals, Planniig Commission, and Housing Board of Adjustments and Appeals. Councilman Clevinger moved toaccept the. 2009 reports for the Architectural- Review Board, Board of Zoning Appeals, Planning -Commission and Housing Board of Adjustments and Appeals. The motion was seconded by Councilman Cjark and carried on the following recorded vote: Dav' :Clark - Aye Joel B. Burchett, Jr. - Aye L G. Clevinge� Il - Aye Robert A. Bopp = Aye H. "d j - Aye Morgan P. Welker - Aye The next item on the agenda was -the Public Comment Period. Donna Bobbitt addressed Council about a problem she was having with a hole that had appeared in her yard that needled repair. She had discussed this issue with them previously, and asked if they had come to a decision regarding -helping her with -the problem. Mayor Worrell explained to Ms. Bbbbitt that this topic would-be discussed later in the -meeting as scheduled by the agenda. He moved on to the Consent Agenda. Councilman Welker moved to adopt the Consent Agenda consisting of the, minutes of the January 5, 2010 Council minutes. The motion was seconded by Councilman Kidd and carried on voice vote. The next- item on the agenda was Project Updates. February 2, 2010/Page 1 of 6 The first item was Two Way Traffic Surveys. Mr. Hawley advised that updated information regarding the traffic surveys had been provided to Council. He advised that a shorter survey had been. included in somewater bills and also placed in the Finance Department for citizens to pick up. Mr. White provided a summary of the surveys and noted that, based on those surveys, staff recommendation was to take no action on the proposal to change the current traffic pattern. Based on the results of the surveys and staff recommendation, Councilman Welker suggested that two way traffic be kept on the Town's long term plan and revisit it -when the economic conditions are better. Following more discussion, Councilman Burchett inquired what if the cost of the .project was taken out of the picture. If the Route 99 funds could be transferred to this project, would the citizens then want a two way street? Following more extensive discussion, the TownManager was to.send a letter to VDOT asking: 1. Whether the VDOT funds for widening Route 99 stay with the Town if the project is given up -by the Town? 2. Would the engineering costs have to be refunded to the state? 3. If the Town gave up the funds for widening Route 99, could they be given back to the Town to use for another project? 4. If -the project is re -scoped and all of the funds were not used, would the remainder go back to the state or - could it be used for other projects in Town. Councilman Welker asked the Mayor to poll Council on whether, if price were not a factor, they would want. Main Street made two way. Mayor Worrell advised that based on results of the survey, he was not in favor of making the -street two way at this time. Councilmen Kidd, Clevinger, Clark and Bopp were also not in favor at this time. Mayor Worrell moved on to Southeast Neighborhood Revitalization. Mr. Hawley summarized the status of the CDBG project: Preliminary acquisition letters had been sentto several owners in the project area. Quotes had been requested for local appraisers for appraisals of these lots. Asbestos reports were being obtained on.the buildings that were to be removed. The next item on the agenda was Iron Bridge Trail. Mr. Hawley provided an update on this project. He advised that the parcel survey, updated appraisal and parcel legal description had been submitted to Norfolk Southern. The costs for the appraisals, and the donation value of the parcel -had been sent to VDOT for verification as the Town's match to the TEA- 21 funds. Staff continues to work on the project. Councilman Welker mentioned that in the past, Councilman Clevinger had expressed concern for the structural stability of the bridge. He asked .if staff had any update on the structure of the bridge? Mr. Hawley advised that:staff would take a look at the bridge and report back to Council. Mayor Worrell -moved -on to the Second. Amendment to Commerce Park Participation Agreement. Mr. Hawley advised that the final version of a second amendment to the Commerce Park Participation Committee of Virginia's First Industrial Facility Authority had been included in the packet. He reviewed the purpose of -the amendment. February 2, 2010/Page 2 of 6 Councilman Welker moved to accept the Second Amendment to the New River Valley Commerce Park Project Participation Agreement as written and direct the Mayor, Clerk of Council and the Town Attorney to execute the document. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David -L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell moved on- to Fourth Street engineering costs. He reminded Council that staff had been -directed. -to get rough cost estimates for evaluating and designing the required system for the property. Mr. Hawley advised that a rough estimate for engineering costs was: 1. Survey costs to determine where an easement or right of way would have to be was $2,025. 2. Thedesign fee with narrative for construction would be in the $10,000 to $12,000 range 3. Specifications and contract documents to go to bid would be in the $4,000 to $5,000 range. Mayor Worrell confirmed that this was approximately what it would cost to decide what to do at the property, but would not address what it would cost to fix the property. Mr. Hawley agreed that there were no construction costs in the estimates. Councilman Welker commented that if the property owners were to deed the property to the Town and Public Works did the work, the cost should be less expensive. He added that unless someone could convince him that this only affects t�e two properties; -and the neighborhood and the public at large would not be affected, the project needed to be done by the Town. Mr. Hawley responded that Council needed to remember that this is a private drainpipe installed on private property through a natural drainage way, that was allowed to connect to a Town drain under a Town street. Councilman Welker argued that Peak Creek was not the Town's property and -if Peak Creek was to be obstructed, the Town would repair it. He felt that even though it was private property, it has an- effect on possibly a number of people. He reiterated that until someone could show him that it only affects those -two land owners and it won't affect anyone else if it's obstructed, the Town could not -say, it's not the Town's problem. There could be all kinds of unintended probleifis-if the drainage was obstructed and cost the Town a whole lot more to fix later. Mr. Hawley reiterated. that it is.a natural -drainage way and the Town took care of.it-by putting a pipe under the road. He added that- he was not a drainage law.expert, however, it was his understanding that a private individual cannot bl*k a natural drainage, way and cause water to go on another piece of property. Councilman Welker responded that if the homeowners fill it in or it collapses and causes problems, there could be a lawsuit. The property owners would not, be able to pay and in the end the Town would have to resolve it. He agreed that it is not. the Town's fault, nor its responsibility, "but sometimes we have to do things that are in the best interest of the; community". Mayor Worrell commented that Councilman Welker brought up an.interesting point, that if the Town did the work with Town forces, there could be a considerable savings, however, he felt it would still be a staggering cost. He stated that:Ms. Bobbitt and Mr. Saul were caught up in a dreadful problem, and not of their making. He added that his heart goes outito them: But he didn't know how the Town can solve that -problem. His issue was how he "could in good conscience tape a problem on private property that we had no part in creating and expend great expenses to fix it and pass that burden oik to every citizen in Town". Councilman Welker interjected that the.government does.that all of the time with EPA superfund sites. The govemm@nt .spends money -to clean_ up -private property for the public good. He felt that -if the property was on the end of a dead edd road and just affected the one house, then he would be in agreement. But in this case there are a number of houses than February 2,201 3 of -6 could be affected and our streets.that.could potentially be washed out. He did not feel that Council had looked at all of the possible scenarios if no action was taken. Mayor Worrell responded that he would be more concerned at the reaction if Council does take action. He felt the only way that Council could help in this case would be if they were willing to repair every problem on private property in the Town for every citizen. 'As dreadful as this situation is, it's -not the first time it's happened and. it's not the only place in Town where we have a similar situation". He added that he had wracked his brain looking for a solution and had not been able to come up with one. I Mr. Warburton, Town Attorney, provided some legal advice to Council. The Town cannot "spend money on a -private issue. The Town, in 1930, decided it was important to make -a private property decision made by that developer a private property issue forever". He added "You can't spend money on the study and it doesn't matter if it's ten- dollars or a hundred thousand dollars. You simply can't spend money on private property regardless of how acute the need to Ms. Bobbitt and Mr. Saul may be". He stated:that the Town can, if it chooses, purchase the property from willing sellers, after holding a. public hearing on whether you should buy it. Then, spend money on engineering, design, contracts or none of the above. He advised that there is principle in the law that Ms. Bobbitt and Mr. Saul must do something themselves. As far as he knew, they had done nothing to mitigate the problem themselves. He added that Council did not want to join forces with a potential claimant against the Town who has done nothing to help her or his situation. Councilman Welker responded that his intention was for the Town to purchase the property. He offered another option that the Town treat this like a waterline installation with Public Works doing the work and bill the resident the actual costs of doing the work. He felt that would be more affordable for them and also allow the property owners to retain ownership of their property so the Town would not hold the liability in the future. He inquired whether that was a valid option. Mayor Worrell did not feel this was a valid option. He stated that the work done in waterline installations is done on the Town right of way. Mr. Warburton agreed with the Mayor that waterline installations were on Town property.. Discussion ensued on how many other property owners in Town would come -forward asking the Town to help with their Problem. Following more discussion; Councilman Welker moved that if the landowners in question are willing to deed the strip of property to the Town to construct -proper drainage on, that the Town pursue that option. He added a condition that filling, the hole already on their property would not be the Town's problem. The motion died for lack of a second. There being no further motions-, Mayor Worrell moved onto Ordinance 201-0-01. He advised that this completes -action, of Council. Ms. Bobbitt asked that she be allowed to speak on the drainage problem. She expressed dissatisfaction with Council's decision. She did. not understand how an action taken in 1930 by Council could be used against her when she was not aware of the action when she bought the house. Mayor Worrell responded that she wasjust.a victim -of unfortunate circumstances. Ms. Bobbitt thanked Councilman Welker for trying.to help fix the situation. She advised Council that if she had to, she would fill it full of cement and the Town could run the storm water somewhere else. Mayor Worrell moved back to Ordinance 2010-01. Councilman Welker moved to adopt Ordinance 2010-01, Rezoning 206 West Main Street From Residential Office to B-3 Central Business District as written. The motion was seconded by Councilman Clevinger and carried on the following recorded. vote: February 2, 2010/Page 4 of 6 David L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II - Aye Robert A.. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye The next item on the agenda was Contract for-CDBG Management Assistance. Mr. Hawley advised that KW Poore was selected by the RFP/SQ process to provide assistance to the Town in the planning grant for the Dora Highway Neighborhood Revitalization and also management assistance for the actual-graet if funded. The contract for the management services for Phase I and II of the grant had been included in the packet. Councilman Clark moved to authorize the Town Manager to execute the contract for CDBG Management Assistance.: Councilman Clevinger seconded the motion and it carried on the following recorded vote: David L. Clark - Aye Larry G. Clevinger, II - Aye H. M. Kidd - Aye Joel B. Burchett, Jr. - Aye Robert A. Bopp - Aye Morgan P. Welker - Aye Mayor Worrell moved on to contract for. CDBG Engineering Services. Mr. Hawley advised that Anderson and Associates had been selected to provide services for the water system including developing a PER, design and some bid assistance. They would also provide survey and design services. for the intersection and cul-de-sacs. Councilman Welker pointed out that the project map included in with the contract showed a cul de sac at Baskerville and Stuart Avenue. He felt that would not be considered an improvement. Mr. Hawley responded that was an error. It should be shown as an intersection improvement, not a cul de sac. Following extensive discussion, Councilman Welker moved to direct -staff to work with Anderson and Associates and' make them aware of the error regarding the intersection of Baskerville and Stuart Avenue and correct -it or remove it fxom the scope of work as needed and. have it ready for the next Work Session. The motion. was seconded by Councilman- (dark and carried on the following recorded vote: David.L. Clark. - Aye Larry G. Clevinger, II - Aye H. M. Kidd = Aye Mayor Worrell moved on to -New Business. The first item was Treatment Charges. Joel B. Burchett, Jr. - Aye Robert A. Bopp - Aye Morgan P. Welker - Aye Mr. Hawley advised that due to the heavy rains and snowfall over the last months, the sewer system had very high flows. These -flows resulted in additional treatment charges at the Authority. He added that if the trend continued, the additioial treatment charges, higher electricity -bills and overtime wouldresult in a sewer -fund shortfall by the end of June. Staff was reviewing options to offset the short fall and would report back to Council. Councilman Welker commented that this showedthe importance of the work being done on the sewer line along Peak; Creek. Additionally, he advised that he had read that the Authority had a surplus this year and might be considering a partial rebate. He inquired whether this was true? Mayor Worrell responded that there had been some discussion. He advised that he would bring up that-option.at the next Meeting. February 2, 2010/Page 5 of 6 t The next item on the agenda was appointment to the -Pulaski Redevelopment &Housing Authority. Mr. Hawley advised that Roger Leonard had agreed to serve on the PR&HA. Councilman Kidd moved to direct staff to prepare the paperwork to appoint Roger Leonard to the Pulaski. Redevelopment and Housing Authority. Councilman Clevinger seconded the motion and it carried on the following recorded -vote: David.L. Clark - Aye Joel B. Burchett, Jr. - Aye Larry G. Clevinger, II - Aye Robert A. Bopp - Aye H. M. Kidd - Aye Morgan P. Welker - Aye Mayor Worrell moved. on to Virginia Downtown Development Association membership. Mr. Hawley advised of the receipt, of an invitation to join the Virginia Downtown Development Association. The information had .been included in the packet and could be discussed in the budget work sessions. There being no further business; Councilman Clevinger moved to adjourn, seconded by Councilman Clark and carried on voice vote. Worre ayor February 2, 2010/Page 6 of 6 1