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HomeMy WebLinkAbout01-19-10Minutes of the Town Council Work Session held January 19, 2010 at 5:00 -p.m. at the Senior Center. There were present: Mayor Jeffrey S. Worrell ouncil: David L.. Clark, Larry G. Clevinger, 1I, H. M. Kidd, Joel B. Burchett, Jr., Morgan P. Welker, Robert A. Bopp Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager R. D. Warburton, Town Attorney Patricia Cruise, Clerk of Council Sherry Boyd, Finance Director Dave Hart, Parks and Facilities Director Bill Pedigo,. Town: Engineer Bill Webb; Fire Chief John White, Economic Development Director Gary Roche, Police -Chief Others: Richard Repass John Saul Joseph Goodman Lou Shott Donna Bobbitt Betty Quesenberry Audrey Kertesz Dave Adkins Suzanne Wantland Helen Blake Melinda Williams, Press Mike Williams, Press Mayor Worrell called the meeting to order at 5:00 p.m. Following roll call, Councilman Clark moved to modify the agenda with the addition of 7B, Report From the YMCA. The motion was seconded by Councilman Clevinger and carried on voice vote. Next, Councilman Clevinger moved to adopt the Consent Agenda consisting of the Minutes of the December 15, 20W Council meeting. The motion was seconded by Councilman Clark and carried on voice vote. Mayor Worrell advised that the Employee of the Month for January 2010 was Tom Compton, Building Inspector for the Town. He read a press release aloud. He advised that in addition to this award, Mr. Compton would be given an additional paid day off from work and be eligible for the Employee of the Year award at the end of the year. The next item was a report from the YMCA. Suzanne Wantland and Dave Adkins addressed Council, reporting on the -economic stability and the future plans for the YMCA with the proposed construction of a recreation center in the County. They were trying to determine what are4s the YMCA could -still fill in the Town, the County and with Social Services if the proposed recreation center came to fruition. They invited Council to a think tank meeting to be held at the Agency on Aging on February 5 from Noon to 1. During the ensuing discussion, Council directed staff to coordinate a meeting between the County Board of Supervisors, Town Council and representatives of the YMCA. Mayor Worrell moved on to Public Operations. The first -item was a requestfor assistance from Ms. Bobbitt for a drainage problem on her property. Mayor Worrell summarized the history of the property advising that in 1930, a contract was drawn up between J.L. Bassett and the Town to allow him to connect a drain under his lot to the pipe under the street. The contract stipulated the -indemnification of the Town, from any damage which might be sought by reason of connecting the storm drain. January 19, 2010/Page 1 of 5 In September 2009, Ms. Donna Bobbitt bought the property at 713 Fourth. Street NE. After purchasing the property,, a large hole developed in her yard caused by the deteriorated eighty year old drain pipe that runs under her property and through her property. Ms. Bobbitt advised that she was not aware of the pipe or the agreement the home builder made with the Town in 1930 when she purchased the property. She also advised that the contractors she has spoken with estimated the repair costs to be in the thousands of dollars and she did not have the money to pay them. She was requesting the Town's assistance in repairing the hole in the front yard and the deteriorated drain pipe. Town staff had offered assistance to Ms. Bobbitt as the landowner, in coordinating connections to Town structures which would be on the street right of way or the alley right of way- behind the property. The Town Attorney explained that the Town did not have the right or the resources to direct general funds for a private use. He added that while her case is clearly compelling, the Town is the one party that cannot help out. John Saul, of 717 Fourth Street, NE advised that he understood the legal limitations in the Town working on private property. He inquired whether the Town would consider rerouting water from under the property and offered to sign over a right of way or easement or whatever had to be done. Mr. Ron Hall addressed Council advising that his wife grew up in the house. Her grandfather built the culvert and there was an agreement that addressed the situation. The agreement that he saw indicated that the brick and mortar culvert underneath the house predates the culvert under Fourth Street. The agreement said that Fourth Street was below the level of Mr. Bassett's lot. He petitioned the Town to install a culvert under Fourth Street and he raised the level of his lot. In order to do that, the Town and Mr. Bassett had to get the agreement of the property owner on the other side of Fourth Street not to hold the -Town of Mr. Bassett responsible for any water that would come through that culvert and the agreement was signed. He did not know whether it was the same agreement that -was in the official Town minutes. Mr. Warburton reiterated that the Town could not allocate Town resources, including funds, equipment or employees, except for public safety,concems on private land. He suggested that only if the property owners wanted to deed a section of the property to the Town, then the Town could do whatever they wanted-. Following extensive discussion,..Councilman Welker opined that if the estimate of the representative from the Department of Conservation was correct that. the land was draining fifty acres, then it would irresponsible of the Town not to find a solution to this problem. He added that if that meant the Town acquired that strip of land, then that would be the responsible thing to do for the neighborhood. Councilman.Bopp commented that the idea of having the strip of land deeded to the Town is the only workable solution if the Town is going to do anything. But he added that they needed an official opinion as to whatwould be acceptable in this instance. They really didn't know what to expect in the way of costs or products needed. Mr. Hawley suggested that if Council wished that done, that an engineering firm be hired to handle the work. Following more discussion, Councilman Welker moved to direct staff to get some estimates -for an engineering study on this problem. The motion was seconded by Councilman Kidd and carried on the following recorded vote: David L. Clark - Aye Larry G. Clevinger, II - Aye H. M. Kidd - Aye Joel B. Burchett, Jr. - Abstain Robert A. Bopp - Aye Morgan P. Welker - Aye Mayor Worrell moved on to Pulaski Redevelopment and Housing Authority report. Clark Payne showed a power point presentation and proposed that a -Blight Remediation Task -Force made up of members of various departments, .agencies, commissioners and boards be formed to help with blight in Town. He advised that the 2009 legislature. simplified the correction of blighted properties by implementingsome new statutes and -liberalizing others. He said*that abatement and -other fees are considered in the same category as delinquent taxes and the Town has January 19, 2010/Page 2 of 5 the capability to apply any technique utilized to collect taxes to the collection of abatement fees. He reviewed some df those options. i Following discussion, the consensus was t�discuss this in more detail at the next Council Work Session. ayor Worrell moved on to Special Events. Mr. Hawley advised that staff had drawn up a draft list of activities for 2010. He noted that -depending upon the actual amount budgeted by Council, some of the activities may have to be downsized or eliminated. He inquired what type of event Council desired for the rededication of the Train Station? Mayor Worrell, commented that he thought the Town should have some type of big celebration for the rededication oO the Train Station. Councilman Welker commented that he felt a small rededication should -be held for the Train Station. Following discussion, staff was to go forward with the plans for the draft list of activities with the understanding that some may have to be cut back or eliminated during the budget work sessions. There was no consensus on the Train Station rededication -at this point. The next item on the agenda was Train Station update. Mr. Hawley advised of the receipt of a letter stating that the damage to the chimneys was determined to be caused during the fire. It had been determined that with the Town crews doing some demolition, the cost to replace all the chimneys would be $43,954.37. A change order would have to be issued for that amount. Councilman Welker moved to direct staff to execute a change order in the amount of $43,954.37. 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 Mr. Hawley advised that there was a difference of opinion on reimbursement from the insurance company for time and mileage in preparing.and biddingthe project. He was in contact with the company regarding this issue. Additionally,!he had -asked the insurance company to increase the amount:for Construction Administration because -the Architect shop drawing review and site visits are critical to providing a station equal to what. was destroyed: Mayor Worrell added that he and the Town Manager and the Town Engineer may meet with the insurance company to discuss several payments owed to the Town. i The next item on the agenda was Legislative. The -first item. was Ordinance 201-0-02. Mr: Warburton advised that the Police Chief found a business in Town operating without a license to operate a pawn shop as well as a gems and precious metal license. Before a business license is issued to a business conducting business as 4 pawn shop, the Pulaski County Circuit Court must grantauthority for the town to issue their business license. Councilman Clark moved to adopt Ordinance 2010-02, Authorizing The Town Attorney To Apply To The Circuit Court lOn Behalf Of The Town To License Pawnbrokers. The motion was seconded by Councilman Kidd. Councilman -Welker moved to amend the motion to allow three of the businesses in the Town. The motion failed for lack of a second. January 19, 2010/Page 3 of 5 Following discussion, the original motion to adopt Ordinance 201002 thea carried on the following recorded vote: David L. Clark - Aye Larry. G. Clevinger, II - No H. M. Kidd - Aye Joel B. Burchett, Jr-. - No Robert A. Bopp - Aye Morgan P, Welker - Aye Mayor Worrell moved on to Planning Commission reappointments. Mr. Hawley advised that two commissioner's terms were due to expire soon. Robert N. Glenn and Kevin Meyer had agreed to serve another term. Resolution 2010-04 reappointed them to the Planning Commission. Councilman _Clark moved- to adopt Resolution 2010-04, Appointments to the Planning Commission. 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 Finance. Mayor Worrell advised that there were two Resolutions'Providing Funding to Pulaski Area Transit. The first item was PAT Resolution 2010-02. Mr. Hawley advised that Pulaski Area Transit was applying to receive the Federal and State share of its operating costs. In order for -them to receive that aid, a Resolution from Council was required Authorizing the Application for. State Aid to Public Transportation in the Amount of $117,556. Gary Heinline, Transit Manager, provided a summary of the -services provided by the transit system and the ridership numbers. Following discussion, Councilman Clevinger moved to adopt Resolution 2010-02, Authorizing the Application for State Aid to Public Transportation in the Amount of $117,556. The motion was seconded by Councilman Clark and 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 Mr. Hawley.advised that Pulaski Area Transit was also applying for .State .Aid to Public Transportation -in the Amount of $3,750. This funding covers the expanded operation time, including Saturday. Councilman Clark moved to adopt Resolution 2010-03; Authorizing the Application for State Aid to Public Transportation in theAmount of $3,750. 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 Council Round Table discussion. Councilman Kidd askedffor an update on the Museum. January 19, 2010/Page 4 of 5 ORDINANCE 2010-02 ORDINANCE. AUTHORIZING THE TOWN ATTORNEY TO APPLY TO THE CIRCUIT COURT REGARDING THE LICENSING OF PAWNBROKERS ADOPTED: January 19, 2010 EFFECTIVE: January 19, 2010 ORDINANCE 2010-02 ORDINANCE AUTHORIZING THE TOWN ATTORNEY TOAPPLY TO THE CIRCUIT COURT REGARDING THE LICENSING OF PAWNBROKERS WHEREAS, the -operation of pawnbrokers within a municipality requires issuance of a valid license by the county, city or town in which the pawnbroker conducts business; and, WHEREAS, any municipality desiring to license pawnbrokers must first be authorized to issues, such licenses by the circuit court, as prescribed by §54.1-4001 of the Code of Virginia; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting .in regular session this 19th day of January 2010 that the Town. Attorney is hereby authorized to apply, on behalf of the Town of Pulaski, Virginia,- to the Circuit Court of Pulaski County for the authority, under §54.1-.4001 of the Code of Virginia, to allow the Town to issue two (2) licenses for the operation of pawnbroker establishments within the corporate limits. This ordinance is effective upon adoption and is hereby adopted this 19th day of January 2010 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: David L. Clark Larry G. Clevinger, II H.M-. Kidd ATTEST: Patricia Cruise, Clerk of Council - Aye Joel B. Burchett, Jr. - No - No Robert A. Bopp - Aye - Aye Morgan P. Welker - Aye THE TOWN OF PULASKI, VIRGINIA BY:Z..0el-11".0101 rey S. Worrell, Mayor