HomeMy WebLinkAbout10-21-08l.~r~zt -o
Minutes of the Town Council Work Session held October 21, 2008 at 5:00 p.m. in the Council Chambers
of the Municipal Building.
There were present: Mayor Jeffrey S. Worrell
Council: David L. Clark, Larry G. Clevinger, II, H. M. Kidd, Joel B. Burchett, Jr.,
Robert A. Bopp, Morgan Welker
Staff: John J. Hawley, Town Manager
Patricia Cruise, Clerk of Council
Dave Hart, Parks and Facilities Director
Bill Webb, Fire Chief
Gary Roche, Police Chief
John White, Economic Development Director
Sherry Boyd, Finance Director
David Warburton, Town Attorney
Others: Debbie Linkous Glenn Baublitz Marty Gordon
Meredith McCrady Melinda Musick Jim Chitwood
Clark Payne Lynn Loftus Amy Lewis
Ronald Vaughn
Mayor Worrell called the meeting to order at 5:00 p.m.
Following roll call, Mayor Worrell asked for a motion regarding the minutes of the September 9, 2008
and the September 16, 2008 meetings.
Councilman Burchett advised that he would like the following added to page 2 of the September 16, 2008
minutes regarding the Calfee lease:
Following discussion, Councilman Burchett stated `I have some issues with the current lease and some of
the policies and procedures that I would like to discuss with the rest of the Council prior to renewing the
lease with Pulaski Baseball, Inc."
Councilman Welker noted that on page 3 of the same set of minutes, he thought the Advisory Cable TV
Committee was eliminated.
The Town Clerk advised that she would check her notes.
Councilman Burchett moved to table the September 16, 2008 minutes to address the two issues brought
up by Council. The motion was seconded by Councilman Clark 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 no tape of the September 16, 2008 meeting and staff would check with
Mr. Quesenberry when he returned from his trip on the two items brought up by Council.
Councilman Welker moved to adopt the September 9, 2008 Council minutes, seconded by Councilman
Burchett and carried on voice vote.
Mayor Worrell moved on to Legislative issues.
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The first item was Town Council Rules and Procedures.
Mr. Worrell advised that in August 2004, Town Council adopted a Resolution to revise Town Council
rules and procedures. He added that after re reading the document, it was discovered that Council had
strayed from those rules and procedures. He stated that he would like to see Council adhere to the rules
and procedures. He felt that it would make the meetings more efficient and possibly keep Council out of
trouble.
Mr. Hawley commented that if Council did not follow the rules and procedures, there was the potential
for Council to be overruled in a court of law. He asked the Town Attorney to address the document.
Mr. Warburton advised that the law does not require Council to have rules and procedures, but if you
have them, they should be followed. He added that if Council did anything to exclude the public input or
to prevent a particular Council person from expressing a view or voting, that's when trouble could arise.
He continued that there "should be a full, frank and open discussion with members of the public in
attendance, amongst yourselves when appropriate with their input when appropriate, and as long as you
keep the goal of keeping the meeting open and that everyone, regardless of what their opinion is, has the
right to address this group and be heard before you make a deliberative decision, you're going to be fine".
Councilman Burchett advised that he had one question on the procedures regarding the order of business
He noted that at one time Council had a heading called Round Table Discussion of Council. It is no
longer on the agenda, and he asked if he had comments on unscheduled business, where he should
interject them? Should these issues be discussed prior to the meeting or should they be brought up at
another time.
Mr. Warburton responded that he did not wish to "get involved in parsing the English language", but he
felt that "every Councilman has the right to put any issue before the Council at any meeting, as long as
they are properly respectful and it falls in some kind of rational place". But if it were up to him, at the
end of the meeting, the Mayor could address each Councilman individually to see if they have anything to
bring up.
Mayor Worrell commented that some of the things that are brought up at Council meetings could be
handled administratively. He noted that the rules and regulations state "problems or questions related to
the operation or administration of the Town shall first be referred to the Town Manager for review and
consideration". Council could easily call or email the Town Manager or Clerk of Council.
Councilman Welker advised that he didn't think the Rules and Procedures needed to be changed,
however, he did suggest that after the Public Comment period, that the Mayor could poll Council or staff
to see if they had an issue to be discussed. He agreed that some items could be emailed or called in to
staff, however, sometimes an informal discussion could solve issues.
Councilman Burchett agreed and added that comments could be kept brief.
The consensus of Council was to try this format.
Mayor Worrell moved on to Request from Employee Committee.
Mr. Hawley advised that the Employee Committee had requested that Council consider another paid
personal day off for the employees of the Town.
Following discussion, Councilman Kidd moved to direct staff to modify the personnel policy to give
another personal day to each employee effective January 2009. The motion was seconded by Councilman
Bopp and carried on the following recorded vote:
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David L. Clark -Aye
Larry G. Clevinger, II -Aye
H. M. Kidd -Aye
Joel B. Burchett, Jr
Robert A. Bopp
Morgan P. Welker
- Aye
- Aye
- Aye
The next item on the agenda was a citizen request.
Mr. Hawley advised that a request had been received from Melinda Musick to keep a pig, chickens and
goat on her property.
Councilman Clark moved to refer the request to the Planning Commission, seconded by Councilman
Kidd 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 Resolution 2008-32, ID Theft Policy.
Mr. Hawley advised that staff received an email from the Virginia Municipal League that by November 1,
2008, the Town had to adopt an ID Theft Policy effective November 1, 2008. Staff developed the
Resolution for Council's consideration.
Councilman Bopp moved to adopt Resolution 2008-32, Adopting An Identity Theft Prevention Program.
The motion was seconded by Councilman Burchett 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
The next item on the agenda was sample drought policy.
Mr. Hawley advised that last year staff began working on a drought policy that could be implemented in
case the drought continued. A draft policy was included in the Council packet. He added that he had
learned that the Department of Environmental Quality was preparing a version of a drought policy that
might be incorporated into the Town's draft policy. Staff did not feel that the Town had reached a level
for a drought policy yet, but some forecasts indicated the drought may continue through the winter. He
indicated that the water levels are being monitored.
Mayor Worrell moved on to Pulaski Area Economic Adjustment Strategy.
Mr. White advised that Council had briefly discussed this at a prior Council meeting. Since that meeting
was long, Council opted to discuss it further at a later meeting. He advised that the intent was for him to
answer any questions that Council might have and then, if Council was satisfied, to move to adopt the
general themes to guide Pulaski's Economic Adjustment Strategy. He reviewed the plan and asked
whether they were on target with the major themes; were there issues not addressed and not emphasized
heavily enough; and did Council have any questions about any of them? He added that the Board of
Supervisors had approved the plan.
Mayor Worrell commented that he had no problem adopting the plan now, however, he thought it would
be good to discuss it further during the Council/Staff Strategic Planning Seminar.
Following discussion, Councilman Burchett moved to adopt the Pulaski Area Economic Adjustment
Strategy. The motion was seconded by Councilman Clark and carried on the following recorded vote:
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RESOLUTION 2008-32
RESOLUTION ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM
WHEREAS, the Town Council of the Town of Pulaski, Virginia desires to
enhance the security of the Town's records to protect the citizens of the Town
from identity theft; and,
WHEREAS, Federal regulatory agencies, as part of the Fair and Accurate Coedit
Transaction Acf of 2003, require financial institutions and creditors, including
municipalities, to provide for the ident~cation, detection and response to
patterns, practices, or speck activities that could indicate identity theft; and,
WHEREAS, the Virginia Municipal League, of which the Town of Pulaski, Virginia
is a member, has drafted a policy for use by its members which will meet the
guidelines for compliance issued by the federal agencies;
NOW, THEREFORE be it RESOLVED by the Town Council of the Town of
Pulaski, Virginia sitting in session this 21 sc day of October 2008 that the Town
does hereby adopt the Identity Theft Prevention Program as shown in
Attachment A, attached hereto and expressly made part of this resolution.
This resolution is efFective upon adoption and is hereby adopted this 21~ day of
October 2008 by the duly recorded vote of the Town Council of the Town of
Pulaski, Virginia as follows:
David L. Clark -Aye
Larry G. Clevinger, II -Aye
H.M. Kidd -Aye
ATTEST:
Patricia Cruise, Clerk of Council
Joel B. Burchett, Jr. -Aye
Robert A. Bopp -Aye
Morgan P. Welker -Aye
THE TOWN OF PULASKI, VIRGINIA
BY:
,~ ~ "y orrell, Mayor
Attachment A-Resolution 2008-32
Identity Theft Prevention Program
Purpose
The purpose of the program is to establish an Identity Theft Prevention Program designed
to detect, prevent and mitigate identity theft in connection with the opening of a covered
account or an existing covered account and to provide for continued administration of the
Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations
implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act
(FACTA) of 2003.
Definitions
Covered account means:
1. An account that a creditor offers or maintains, primarily for personal, family,
or household purposes that involves or is designed to permit multiple
payments or transactions. Covered accounts include utility accounts; aad
2. Any other account that the creditor offers or maintains for which there is a
reasonably foreseeable risk to customers or to the safety and soundness of the
creditor from identity theft, including financial, operational, compliance,
reputation or litigation risks.
Credit means the right granted by a creditor to a debtor to defer payment of debt or to
incur debts and defer its payment or to purchase property or services and defer payment
therefor.
Creditor means any person who regularly extends, renews, or continues credit; any
person who regularly arranges for the extension, renewal, or continuation of credit; or
any assignee of an original creditor who participates in the decision to extend, renew, or
continue credit.
Identifying information is any name or number that may be used, alone or in
conjunction with any other information, to identify a specific person, including: name,
address, telephone number, Social Security number, date of birth, government issued
driver's license or identification number, alien registration number, government passport
number, employer or taxpayer identification number, unique electronic identification
number, computer's Internet Protocol (IP) address, or routing code.
Identity theft means fraud committed or attempted using the identifying information of
another person without authority.
2
In order to identify relevant Red Flags, the locality considers the types of accounts that it
offers and maintains, the methods it provides to open its accounts, the methods it
provides to access its accounts and its previous experience with Identify Theft. The
locality identifies the following red flags, in each of the listed categories:
A. Notifications and Warnings From Credit Reporting Agencies
Report of fraud accompanying a credit report;
• Notice or report from a credit agency of a credit freeze on a customer or
applicant;
• Notice or report from a credit agency of an active duty alert for an applicant;
and
• Indication from a credit report of activity that is inconsistent with a customer's
usual pattern or activity.
B. Suspicious Documents
• Identification document or card that appears to be forged, altered or
inauthentic;
• Identification document or card on which a person's photograph or physical
description is not consistent with the person presenting the document;
• Other document with information that is not consistent with existing customer
information (such as if a person's signature on a check appears forged); and
• Application for service that appears to have been altered or forged.
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Red flag means a pattern, practice or specific activity that indicates the possible existence
of identity theft.
The Program
The Town of Pulaski, Virginia establishes an Identity Theft Prevention Program to detect,
prevent and mitigate identity theft. The Program shall include reasonable policies and
procedures to:
1. Identify relevant red flags for covered accounts it offers or maintains and
incorporate those red flags into the program;
2. Detect red flags that have been incorporated into the Program;
3. Respond appropriately to any red flags that are detected to prevent and
mitigate identity theft; and
4. Ensure the Program is updated periodically to reflect changes in risks to
customers and to the safety and soundness of the creditor from identity theft.
The program shall, as appropriate, incorporate existing policies and procedures that
control reasonably foreseeable risks.
C. Suspicious Personal Identifying Information
• Identifying information presented that is inconsistent with other information
the customer provides (example: inconsistent birth dates);
Identifying information presented that is inconsistent with other sources of
information (for instance, an address not matching an address on the credit
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Identifying information presented that is the same as information shown on
other applications that were found to be fraudulent;
Identifying information presented that is consistent with fraudulent activity
(such as an invalid phone number or fictitious billing address);
• Social Security number presented that is the same as one given by another
customer;
• An address or phone number presented that is the same as that of another
person;
A person fails to provide complete personal identifying information on an
application when reminded to do so (however, by law social security numbers
must not be required); and
A person's identifying information is not consistent with the information that
is on file for the customer.
D. Suspicious Account Activity or Unusual Use of Account
• Change of address for an account followed by a request to change the account
holder's name;
• Payments stop on an otherwise consistently up-to-date account;
• Account used in a way that is not consistent with prior use (example: very
high activity);
Mail sent to the account holder is repeatedly returned as undeliverable;
Notice to the locality that a customer is not receiving mail sent by the locality;
Notice to the locality that an account has unauthorized activity:
Breach in the locality's computer system security; or
• Unauthorized access to or use of customer account information.
E. Alerts from Others
• Notice to the locality from a customer, identity theft victim, law enforcement
or other person that it has opened or is maintaining a fraudulent account for a
person engaged in Identity Theft.
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Detection of Red Flags
A. New Accounts
In order to detect any of the Red Flags identified above associated with the opening of a
new account, the Town's personnel will take the following steps to obtain and verify the
identity of the person opening the account:
• Require certain identifying information such as name, date of birth, residential
or business address, principal place of business for an entity, driver's license
or other identification;
Verify the customer's identity (for instance, review a driver's license or other
identification cazd);
• Review documentation showing the existence of a business entity; and
• Independently contact the customer.
B. Ezisting Accounts
In order to detect any of the Red Flags identified above for an existing account,
the city's /town's /county's personnel will take the following steps to monitor
transactions with an account:
Verify the identification of customers if they request information, whether in
person, via telephone, via facsimile or via a-mail;
Verify the validity of requests to change billing addresses; and
Verify changes in banking information given for billing and payment
Purposes.
Response to suspected identity theft
In the event the Town's personnel detect any identified Red Flags, such personnel shall
take one or more of the following steps, depending on the degree of risk posed by the Red
Flag:
• Continue to monitor an account for evidence of Identify Then;
Contact the customer:
• Change any passwords or other security devices that permit access to
accounts;
• Not open a new account;
• Close an existing account;
Reopen an account with a new number;
Notify the Program Administrator for determination of the appropriate step(s)
to take;
• Notify law enforcement; or
. Determine that no response is warranted under the particular circumstances.
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In order to further prevent the likelihood of identity theft occurring with respect to utility
accounts, the town will take the following steps with respect to its internal operating
procedures to protect customer identifying information:
• Ensure that its website is secure or provide clear notice that the website is not
secure;
• Ensure complete and secure destruction of paper documents and computer
files containing customer information;
• Ensure that the oi~ice computers are password protected and that computer
screens lock after a set period of time;
Keep offices clear of papers containing customer information;
• Request only the last 4 digits of social security numbers (if any);
• Ensure computer virus protection is up to date; and
• Require and keep only the kinds of customer information that are necessary
for utility purposes.
Updating the Program
The Program shall be updated periodically to reflect changes in risks to customers or to
the safety and soundness of the organization from identity theft based on factors such as:
• The experiences of the organization with identity theft;
• Changes in methods of identity theft;
• Changes in methods to detect, prevent and mitigate identity theft;
• Changes in the types of accounts that the organization offers or maintains;
• Changes in the business arrangements of the organization, including mergers,
acquisitions, alliances, joint ventures and service provider arrangements.
Administration of Program
The Finance Director shall be responsible for the development,
implementation, oversight and continued administration of the Program.
The Finance Director shall train staff, as necessary, to effectively implement
the Program; and
The Finance Director shall exercise appropriate and effective oversight of
service provider arrangements.
Oversight of the Program
1. Oversight of the Program shall include:
a. Assignment of specific responsibility for uplementation of the Program to the
Town Manager;
b. Review of reports prepared by staff regarding compliance; and
c. Approval of material changes to the Program as necessary to address changing
risks of identity theft.
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2. Reports shall be prepared as follows:
a. Staff responsible for development, implementation and administration of the
Program shall report to the Town Manager at least annually on compliance by the
organization with the Program.
b. The report shall address material matters related to the Program and evaluate
issues such as:
• The effectiveness of the policies and procedures in addressing the risk
of identity theft in connection with the opening of covered accounts
and with respect to existing covered accounts;
• Service provider agreements;
• Significant incidents involving identity theft and management's
response; and
• Recommendations for material changes to the Program.
Oversight of Service Provider Arrangements
In the event the locality engages a service provider to perform an activity in
connection with one or more accounts, it will take the following steps to ensure the
service provider performs its activity in accordance with reasonable policies and
procedures designed to detect, prevent, and mitigate the risk of Identity Theft:
• Require, by contract, that service providers have such policies and
procedures in place; and
Require, by contract, that service providers review the locality's Program
and report any Red Flags to the Program Administrator.
Duties Regarding Address Discrepancies
The locality shall develop policies and procedures designed to enable the organization to
form a reasonable belief that a credit report relates to the consumer for whom it was
requested if the organization receives a notice of address discrepancy from a nationwide
consumer reporting agency indicating the address given by the consumer differs from the
address contained in the consumer report.
The locality may reasonably confirm that an address is accurate by any of the following
means:
1. Verification of the address with the consumer;
2. Review of the utility's records;
3. Verification of the address through third-party sources; or
4. Other reasonable means.
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If an accurate address is confirmed, the locality shall fiunish the consumer's address to
the nationwide consumer reporting agency from which it received the notice of address
discrepancy if:
1. The organization establishes a continuing relationship with the consumer; and
2. The organization, regularly and in the ordinary course of business, furnishes
information to the consumer reporting agency.
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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
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The next item on the agenda was consideration of reduced charges for zoning.
Mr. Hawley advised that Mr. Quesenberry had submitted a memo recommending that Council reduce the
$125 application fee for the Planning Commission and the $40 application fee for the Board of Zoning
appeals. Mr. Quesenberry's reasoning was that he felt those costs combined with the advertising fees
required could be cost prohibitive for the citizens.
Following discussion, the consensus of Council was to leave the rates as they were.
Mayor Worrell moved on to Finance.
The first item was Landmark Group.
Mr. Hawley that Mr. Todd, of Landmark Group contacted staff after the last Council meeting about
retrofitting the Jefferson School building into twenty apartment units and then constructing twenty new
units adjacent to the Jefferson School building. They plan to proceed with the application if they can
obtain VHDA tax credits through the March 2009 applications process. To present a stronger application,
it's necessary to have the locality, any housing authority and any non-profit housing group to participate
in the project. The Town could participate in several ways, one of which would be to loan the
Pulaski Redevelopment and Housing Authority $10,000 to be used for the project with the stipulation that
this amount be repaid to the Town if Landmark is successful in the application for the credits and the
project moves to construction. Additionally, the Town could waive the building permit fees, waive the
water and sewer fees and availability fees, and allow some tax abatement amount to be determined by
Council later.
Glenn Baublitz, representative for the IDA, addressed Council advising that he had worked with the
Landmark Group and he was glad they planned to work with the Town. However, he noted that they
were for profit businessmen and he urged the Town to be observant in dealing with them. He noted that
the IDA would like the opportunity to work with the Town to loan money to the Landmark Group and
profit from that relationship and participate in any other project that became available.
Councilman Burchett asked whether other Town's had negotiated with Landmark regarding the terms for
projects?
Mr. Hawley advised that the Finance Director was already gathering that information and had already
found that other Town's had negotiated the terms successfully. He added that if Council was amenable,
at this point, they would only be committing to abating some amount of taxes.
Following discussion, Councilman Clark moved to direct the Town Attorney to draw up the proper
documentation to loan $10,000 to the IDA with the stipulation that this amount be repaid to the Town if
Landmark is successful in the application for the credits and the project moves to construction.
Additionally, to waive the building permit fees, waive the water and sewer connection fees and
availability fees and to allow some tax abatement with the amount to be determined by Council at a later
date. The motion was seconded by Councilman Burchett 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 Resolution 2008-31, UDAG Loan For Joe's Pizzeria. He advised that this
completed action taken by Council at a previous meeting.
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Councilman Clark moved to adopt Resolution 2008-31, UDAG Loan For Joe's Pizzeria, seconded by
Councilman Kidd 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
The next item on the agenda was Public Operations and Jones Frontier Village.
Mr. Hawley advised that staff had provided Council with a Memo from Mr. Jones stating that he would
like to keep the area as a Frontier Village and have it as an exhibit area of the late 1800's with some
possible outdoor reenactments. He indicated a desire to clean the area up and clear the weeds and once
that was done, meet with Council to see what could be done for the future.
Councilman Bopp advised that he would like to get an opinion from the Building Inspector on how safe
he feels the property is.
Following extensive discussion, Councilman Welker moved to direct staff to send a letter to Mr. Jones
advising him that he had 60 days to deal with the cleanup of the property, after which Council would
revisit the issue. The motion was seconded by Councilman Burchett 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
The next item on the agenda was lease/contract with Pulaski Baseball, Inc.
Mayor Worrell commented that at the last Council meeting an open and frank discussion was held about
suggestions for Pulaski Baseball and the operation of Calfee Park. He added that he did not think there
was a member of Council who was not a great supporter of Pulaski Baseball. "It's been a tremendous
success and I think probably all of us attend games up there on a regular basis". He advised that all the
suggestions were discussed and like all negotiations, some of the items were acceptable and some were
not. The Memorandum of Understanding would encompass all of those items. The contract with Pulaski
Baseball, Inc.(PBI) covered the lease of the facility only. He asked if Council had any comments.
Mr. Bopp advised that he thought the Memorandum of Understanding looked pretty reasonable.
Mayor Worrell responded that he felt it was an agreement they could live with. When they met, Pulaski
Baseball, Inc. assured the Mayor that Pulaski Baseball is always open to suggestions on anything that
would improve the Calfee experience. He added that at this time, item four would be left off the
Memorandum of Understanding, as it was still not settled.
Mr. Hawley advised that it was just a question on how much advertising would be limited on the left field
fence. Negotiations were still ongoing on that item. The intent was to continue to build on what is
already in the lease.
Councilman Burchett commented that he felt that a Town box should be included in the agreement.
Mayor Worrell advised that the Memorandum of Understanding including wording that the Town will
work with Pulaski Baseball, Inc. to locate additional box suites and a method for funding their
construction". He inquired if Councilman Burchett was suggesting that at such time as they build more
boxes, that the Town acquire a box?
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. ..
TOWN OF PULASKI, VIRGINIA
RESOLUTION 200&31
AUTHORIZING A LOAN IN URBAN DEVELOPMENT ACTION GRANT REPAYMENT FUNDS TO
KRISTI AND JOSEPH POSILLICO FOR THE DEVELOPMENT OF "JOE'S PIZZERIA" AT
336 N. WASHINGTON AVENUE.
WHEREAS, the Pulaski Town Council is committed to the revitalization of the Town's
Downtown business district; and,
WHEREAS, Kristi and Joseph Posillico (hereinafter referred to as "Posillicos") have
requested financial assistance in the amount of $30,000 from the Town to purchase equipment
and provide initial operating expenses for a restaurant;
WHEREAS, the Town has available certain Urban Development Action Grant (UDAGj
repayment funds, being repaid by Pulaski Furniture Corporation and others; and these fuet""
have been segregated and designated for specific activities including economic development
and Downtown revitalization; and
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia
that a UDAG Loan in the amount of $30,000 shall be granted to the "Posillicos" on the following
terms and conditions:
1. That the current owner of 336 N. Washington Avenue agree in writing to the
preparation of said building to accommodate its use as a restaurant
including, but not limited to, adequate wiring, code compliance for the
grilling and adequate preparation of foods, and sufficient plumbing and fire
suppression needs of a restaurant to a sum sufficient of 100% of the funds
loaned by the Town;
2. That Kristi and Joseph Posillico agree in writing to provide adequate collateral
for the $30,000 loan, including the assignment of a personal guarantee; and
3. That the term of the loan shall be at 5% interest until paid in full and
amortized monthly over a term of five (5j years.
The Town Attorney is hereby authorized to draft, approve and/or execute appropriate
loan documents not inconsistent with the terms of this resolution and fees for said work
shall be payable by "Posillicos" upon closing; and,
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Nothing contained herein shall be deemed a pledge of the full faith and credit of the
Town, nor shall it create a general obligation of the Town, nor shall any monies be
loaned from the General Fund of the Town.
This resolution is effective upon adoption and is hereby adopted this 21S` day of October
2008 by the duly recorded vote of the Town Council of the Town of Pulaski as follows:
David L. Clark -Aye Joel B. Burchett,lr. -Aye
Larry G. Clevinger, II -Aye Robert A. Bopp -Aye
H.M. Kidd -Aye Morgan P. Welker -Aye
THE TOWN OF PULASKI, VIRGINIA
I
BY:
J r orrell, Mayor
ATTEST:
Patricia Cruise, Clerk of Council
Councilman Burchett commented that that would be ideal and he wondered if PBI would move the Town
up in the waiting list if someone let their box go.
Mayor Worrell commented that we can get on the list like anyone else.
Mr. Hawley commented that it would take some funding, but he guessed it would be possible for the
Town to build a box that was exclusive for the Town.
Mayor Worrell added that Pulaski Baseball has to come back to Council before they can build anything
and this could be discussed at that time.
Councilman Burchett commented that it was hard to have a discussion with a group when the seats are all
in a row, versus being in a box where they could group together.
Mayor Worrell commented that if the Town had a client or group they needed to entertain, he felt a box
could be borrowed from one of the existing box holders for that night.
Councilman Burchett stated that he had one more item on the Memorandum of Understanding and it
related to item 3, allowing Pulaski Baseball, Inc. to act as its own general contractor to work on capital
improvement. He assumed that referred to the batting cage. If the batting cage exceeds a certain dollar
amount, doesn't that require a competitive bid?
Mr. Hawley commented that general contractor was probably not the term that should be used. The term
should be project manager. It would be up to them to negotiate the prices and donations for the project.
He advised that the estimate was $28,000 to $32,000 for the batting cage.
Councilmen Burchett and Welker expressed dissatisfaction with not knowing the amount that the Town
would. have to pay for this project.
Mr. Hawley advised that if they get no donations or no one to cut a deal, then the Town would be
responsible for one hundred percent of the project.
Mayor Worrell commented that he felt it would save the Town money because they would have more
flexibility in funding construction.
Mr. Hawley advised that the location and plans have to be approved by the Town. The Town will do the
inspections of the project and will be intimately involved in the design of the facility. He felt that since
the area schools would be able to schedule to use the batting cage, they would probably assist with fund
raisers to build the facility.
Councilman Welker suggested setting a price limit that the Town was willing to pay for the batting cage
and adopting the Memorandum of Understanding with that caveat.
Mr. Hawley suggested that Council vote on the lease with Pulaski Baseball, Inc. and finalize the
Memorandum of Understanding once staff had time to get actual prices for Council.
Councilman Burchett commented that he was encouraged to see that PBI was willing to consider outside
vendors at the Park. He asked how contacts would be made.
Mr. Hawley advised that if a vendor wanted to sell at the ball park to speak with PBI or the Town
Councilman Burchett inquired if wine could be offered at the ball park?
Mr. Hawley thought PBI could approach the ABC board with that question.
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Councilman Burchett thought perhaps a winery would want to build a redwood deck overlooking the field
and sell their wine.
Following extensive discussion, Councilman Welker moved to adopt the lease agreement with Pulaski
Baseball, Inc., seconded by Councilman Clark 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
At 6:47 p.m., here being no further business, the meeting adjourned on motion by Councilman Clark,
seconded by Councilman Clevinger and so carried.
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