Loading...
HomeMy WebLinkAbout10-03-17Minutes of the Pulaski Town Council meeting held at 7:00 p.m., October 3, 2017 in the Council Chambers of the Town Municipal Building at 42 First Street, N.W. In attendance were: Mayor: Robert N. Glenn, presiding Councilmen Present: David L. Clark; Gregory C. East; Joseph K. Goodman; H.M. Kidd; Lane R. Penn; James A. Radcliffe Administration: Shawn M. Utt, Town Manager Spencer A. Rygas, Town Attorney Press: Mike Williams, Pulaski County Patriot Brooke J. Wood, Southwest Times Staff Dave Hart, Director Parks & Facilities Robbie Kiser, Chief P.F.D. Jackie Morris, Assistant Finance Director Terri Sutphin, Finance Department David Quesenberry, Clerk of Council Gary Roche, Chief P.P.D. Others Present: Reid Broughton Shannon Collins JoAnn Davidson R.D. Duncan Debbie Dvorshak Stanley Frost Barry Hale Liam Hale Carl Hanks Faye Hanks Ann Jameson Lynn Loftus John McElroy Lee Pearman Brian Stacy Mayor Glenn called the meeting to order at 7:00 p.m. Councilman Radcliffe led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following Roll Call, Mayor Glenn asked if there were any modifications to the agenda. There being none he welcomed both guests and visitors to the meeting. Next item on the agenda was "Presentation" (Item 7a) from Ms. Linda Davis, Executive Director of the Pulaski Adult Day Service and Fall Prevention Center. Mr. Utt noted that Ms. Davis had been scheduled to speak at the request of Mr. Radcliffe, but since she was not present, her presentation would be rescheduled for a future meeting. Mayor Glenn then moved to the Public Comment Period (Item 9) and noted that Ms. Lynn Loftus was registered to speak and asked for her comments. Ms. Loftus said she preferred to give her comments later in the meeting during the portion dealing with urban chickens. There being no further public comments, Mayor Glenn moved on to the Consent Agenda and asked for a motion concerning the minutes of September 5, 2017. Mr. Kidd moved to adopt the minutes of the September 5, 2017 Council meeting as written. Mr. Penn seconded the motion which was approved on the following roll call vote: Page 1 of 8/October 3, 2017 Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Next item on the agenda was "Project Updates" (Item 7). Mr. Utt briefly referred to the Project Review Chart noting that there were not many highlights to discuss unless Council had questions. He asked instead to focus on reviewing the Department Goals. Mr. East, noting that the Project Review chart had approximately 17 items that were ongoing or past due, expressed concern that there was a loss of focus on the review chart and some on the 3/6/9 chart as well. Mr. Utt responded that he agreed with Mr. East that the chart was a good tool if it could be kept up. He added that sometimes expectations were set further than could be attained. Mr. East replied that in all fairness some of the items were on hold for matters out of the Town's control. He suggested if a project was shown on hold, that no date should be assigned to it. Instead a reason for the hold would be given. He felt that would be more accurate since presently it was not clear to him how the Town was doing in relation to its goals. Proceeding with the review of the Department Goals, Mr. Utt noted that several new projects had been added to the list. Regarding installation of Christmas lights in Jackson Park, he said the work was in progress with completion expected by end of the week or by next week. Mr. Utt reviewed a diagram of the park noting where lights would be installed on various sized trees for the upcoming and future holiday seasons. The next item was the status of the Letter of Intent to the Army Corps of Engineers. Mr. Utt reported that there had been conference calls with the Corps where the Town had received feedback on what type of information was needed for the letter of intent concerning upstream flood mitigation and the creek wall. The letter of intent, he continued was requested for submission to the Corps before Thanksgiving. He anticipated, in talking with Ms. Rutherford of the Corps, that it would be a four or five month process for the Town's request to proceed through the Corps office and for the project's funding priority to be determined. In reference to wayfinding signage, Mr. Utt reported that the sign for the East Main Street "triangle" had arrived. Construction of the sign's supports and landscaping would be done after completion of work at Jackson Park. The sign he emphasized would reflect the current branding effort. By spring, he anticipated that more wayfinding signage would be installed as part of the Downtown Revitalization program. With respect to other goals, Mr. Utt noted that work was continuing with VDOT concerning landscaping for Route 99 and incorporating that design into the Town's landscaping areas. Concerning the contract for the Town's website, he noted that Council would consider that item later in the meeting. In reference to the zoning ordinance Mr. Utt informed Council that the ordinance should be going to the Planning Commission by December and that work was continuing on the last of the districts. He hoped that a draft for Council's consideration would be ready by January to explain the changes made to Council, so that Council could hold a public hearing in February. Concerning other goals, Mr. Utt noted the Senior Center renovations would be "winter work" with renovations to the kitchen, the rest of the walls, and the floor. Regarding the "pocket park", Mr. Rygas was working with family members of the owner to work out an agreement concerning the property. Page 2 of 8/October 3, 2017 The skateboard park, he reported, was now incorporated into the Brownsfield Remediation Grant and that the Department of Environmental Quality (DEQ) appeared likely to approve the change in scope to allow the Town to use some of the grant funds to construct the basketball court and skate park. Mr. Utt asked for Council's input on a public-private partnership plan for Gatewood. He said he needed a better understanding of what Council sought in developing an RFP for Gatewood for the many options offered by private businesses. Basically he ventured the desired direction of the RFP was to open up the directions that were out there. Mr. Radcliffe told Mr. Utt that he was correct and that Council was asking him to find the best options for the park to be privately operated or contracted out. He felt the topic should be discussed at a retreat to see what should be done and what needed to be done first. The key point, he said was to make it known the park was not for sale. Mr. Utt replied that Gatewood would definitely be a topic for the retreat. Mr. East added that given past discussions of Council, there were a multitude of possibilities and that staff appeared to be on the right track. Mayor Glenn then asked Chief Kiser for comments on the Fire Parade. Chief Kiser said the 70th Annual Fire Parade would be October 12th at 7:00 p.m. and would proceed from East Main to Jefferson Avenue. Mayor Glenn encouraged Councilmen who had not ridden in the parade to consider participating. Mr. East noted that on the 3/6/9 project chart there had been a lot of activity and several successes. He emphasized that he would like a way to measure performance to "capture" the efforts made and to celebrate successes. Mayor Glenn moved to the next item on the agenda "Urban Agriculture" (Item 12a). Mr. Utt reviewed Ms. Hair's memo to Council concerning the Planning Commission's recommendation on urban chickens. In response to the first Commission meeting, staff had drafted an ordinance for a zoning amendment for urban agriculture to give a measure of control over the proposed uses. The ordinance limited chickens and bees to the larger lot, less dense residential areas and required a minimum lot size of one acre. Setbacks and other standards were also included in the ordinance. Mr. Utt told Council that the Planning Commission had reviewed the ordinance and decided to recommend that Council not consider chickens in the Town limits. He added that staff's recommendation, since a zoning amendment was involved, would be to hold public hearings before the Planning Commission and Town Council to allow the public an official opportunity to comment and allow for a more complete staff report on the issue. Concerning the timing of the hearings, Mr. Utt said that the Planning Commission could hear the case in November and Council at the first meeting in December. Given that a new zoning ordinance would be before Council in February, Mr. Utt proposed that action or feedback from Council concerning direction on this issue be incorporated into the new zoning ordinance so that it will be current upon adoption. Mr. Penn asked when the Planning Commission heard the issue and did they have this ordinance for reference. Mr. Utt responded that they had the ordinance to review, but it was not a public hearing although public comments were made. Mr. Penn then asked why the issue had to go back to the Planning Commission. Mr. Utt responded because it was a zoning amendment which required Planning Commission public hearings and a recommendation to Town Council in a public hearing. Page 3 of 8/October 3, 2017 Discussion then followed concerning when the hearing would be held. During the discussion, Mr. Utt clarified for Council that any action would be incorporated into the new zoning ordinance and that the Town would not enforce the current ordinance if an ordinance allowing chickens was approved. After further discussion, Mayor Glenn called for a motion to move the November Council meeting from Tuesday, November 7th to Wednesday, November 8th. Mr. Clark made the motion, which was seconded by Mr. Goodman and carried on the following roll call vote: Mr. Radcliffe -Aye Mr. East -Aye Mr. Clark -Aye Mr. Goodman -Aye Mr. Kidd -Aye Mr. Penn -Aye Mayor Glenn then called for a motion to have either a meeting separately from or jointly with the Planning Commission and to set the date for the hearing. Mr. Goodman moved that a joint Town Council -Planning Commission zoning hearing regarding the urban agriculture proposal be held on November 8th. Mr. Clark and Mr. Penn seconded the motion which was approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Mayor Glenn then called on Ms. Lynn Loftus to present her comments to Council. Ms. Loftus addressed Council by asserting that a large body of facts overwhelmingly supported having urban chickens. Outlining some of the positive benefits of chickens, she noted that 500 communities have allowed urban chickens. She asserted that the objections to chickens are not supported by any data. Ms. Loftus took issue with some of the objections voiced by Commission members. In addressing the "Pandora's Box" argument, that allowing chickens would result in requests for many other kinds of animals to be kept in town, Ms. Loftus said that she had checked with Christiansburg, where chickens are permitted, she was told there had been two such requests, while in Radford there had been no requests and in Dublin one. Regarding the second objection that enforcement would be a waste of time for the compliance officer, Ms. Loftus asked if enforcement was not their job. With respect to the third objection, the attraction of predators such as skunks, coyotes and other vermin, Ms. Loftus maintained that bird feeders, fish ponds, pet food and trash have always attracted these types of pests. Whether or not an ordinance was or was not approved, she said that many persons having chickens in the Town would have to get rid of them. She asked if and when the enforcement would begin and was told it would be put on hold until the issue was decided. She felt in would be in the best interest of the Town to have the ordinance in place and handle infractions as they occur. Overall Ms. Loftus concluded, the townspeople supported keeping chickens in the Town. She also asked about families who have kept chickens for years losing a food source and felt that it reflected badly on the Town that there was resistance to the idea. Mr. Kidd noted that he and Mr. Goodman had attended the Virginia Municipal League annual conference, where he talked to representatives from other communities and learned that chickens were an ongoing problem in other localities. Mr. Goodman mentioned his concern over a study by the Center for Disease Control concerning urban chickens, but had no further information on the Page 4 of 8/October 3, 2017 topic. He hoped that staff would look at the issue and that he would try to reach the contacts he made to get more information to address any potential health concerns Mr. Penn asked if a suspension of the current ordinance was necessary. Mr. Utt replied that Code Enforcement had suspended enforcement. Mr. Goodman felt that until a solution was reached suspension was inappropriate. Mr. Utt said he recommended suspending enforcement regarding chickens in the Town limits or the ownership of chickens in the Town limits. Mr. Goodman suggested since Police Officers had discretion regarding the noise ordinance that the Code Compliance Officer should be allowed to exercise similar discretion also. Next item on the agenda was `Urban Archery" (Item 13b.). As a follow-up from the last meeting, Mr. Utt provided a map of Town -owned properties exceeding one acre in area. While there were several properties of ten (10) acres owned by the Town, they were given to recreational or public works uses. The property on the east side of Route 11 (187 acres) across from the landfill/armory appeared to be the only property that was not used by the Town. The property was not under the urban archery program since it was out of the Town limits. Instead it would follow normal hunting regulations if Council chose to formally allow hunting on the site. Mr. Utt noted that there had been informal agreements in the past allowing citizens to hunt on the property. He added that he had no concerns with allowing hunting on the 187 acre parcel. The Town properties within the corporate limits, he stated, did not provide viable urban archery hunting options although there may be areas on private land that would. Mr. Goodman said the biggest concern was the deer in Oakwood Cemetery. Mr. Utt said he recommended to potential hunters to contact the Carriage Hill association which owns the heavily wooded area immediately adjacent to the cemetery which had appropriate area and terrain for hunting. Mr. Utt asked for Council's input concerning the former landfill site, east of Route 11. Mr. Goodman felt as long as the property was not being used for a government function or recreation it was acceptable. Mr. Utt reminded Council that the Police Department and Town employees had hunted on the west side where the landfill was located. Mr. Goodman felt it was not appropriate to draft a resolution allowing the police and town employees to hunt there, when the public could not. Chief Roche said regarding Town facilities near the landfill, that he had no security concerns on Town employees using the site as he would with the general public. Following discussion of land use and adjacent properties to the west side, Mayor Glenn felt the issue was that the deer population was not in the areas that could be hunted in. He felt that there might not be anything that the Council could do about the deer population. Mr. Utt suggested that if property owners banded together to create an area large enough and gave permission to hunters, urban archery was still an option for private property. Mr. Goodman said he had no problem drafting an ordinance allowing people to use the east side of Route 11, but was concerned about a different set of rules for Town employees and the public for hunting at the land fill (west side). Mr. Utt said the west side was simply not open to the public and when it was opened, problems developed with illegal dumping of trash. Mr. East said that in researching other communities, he found that there were only five archery incidents since 1960. He felt the guidelines have to be available to let people know what the expectations are. Mr. Utt suggested using a "first come -first serve" by a permit approach so the Town could track who was accessing the property. Page 5 of 8/October 3, 2017 After further discussion, Mr. Utt proposed that staff could prepare a more detailed map showing the boundaries for potential hunting areas. Mayor Glenn suggested that Council allow staff to bring back some designated areas and a draft proposal for the Council. Mr. Goodman clarified that this would be for archery season, not for use of firearms. He also suggested marking the areas designated for hunting. There being no further discussion, the next item on the agenda was "Contract for Website Server" (Item 13a). Mr. Utt referred Council to a copy of a proposed contract with CivicLive for website services for the Town website. The contract would cost $15.600 which would include maintenance and hosting for the first year, then a $4,200 per year annual fee for hosting. He requested feedback from Council and hoped to get authorization from Council to move forward. The firm, he continued, had an aggressive schedule and used a template that had worked successfully for several hundred other websites. They were ready, he said to proceed once Council made the authorization. Mr. East asked if the Town would have a lot of input regarding the site. Mr. Utt said that the program would be set up so that each department could have an individual update their particular part of the site. It would have possibly, online Gatewood reservations, online payment potential, and mobile app options that would enable the Town to do what it currently could not. Mr. Penn asked if this was the only proposal received. Mr. Utt explained there originally were five proposals, two were disqualified due to being late or being incomplete, leaving the three remaining proposals with prices ranging from $15,000 to $100,000. Mr. Goodman felt it was important for Council and staff to take an active role in the content portion of the site. Mr. Utt displayed the Christiansburg website as an example of how the site would appear. Mr. Goodman asked concerning mobile options if there would be some redundancy on the ticketing system. Mr. Utt said that two apps could replace the existing systems. Mr. Goodman said the system looked good to him and felt the price was reasonable and had a content management system that would make it easier for staff to maintain. He hoped that some add-on programs would be considered for addition to the system. Mr. Goodman asked concerning online payment, since there was no discussion in the contract, for PCIDSS compliance, which is mandatory and would be required from the vendor. The other question he had was where the site would be hosted. Mr. Utt thought the hosting site was Joplin, Missouri, but he was not sure and would find out. Mr. Utt requested that if Council wished to move forward that he needed an authorization from Council to do so. Mr. Goodman moved that the Town Manager be authorized to sign and execute the documents for the proposal for the new website from CivicLive. The motion was seconded by Mr. East and carried on the following roll call vote: Mr. Radcliffe -Aye Mr. East -Aye Mr. Clark -Aye Mr. Goodman -Aye Mr. Kidd -Aye Mr.Penn -Aye Mayor Glenn then moved to the next item on the agenda `Delinquent Real Estate Tax Collections" (Item 13b). Page 6 of 8/October 3, 2017 Mr. Utt referred to a draft agreement in the packet for delinquent tax collections for real estate taxes. A few month ago he related, the firm of Sands Anderson approached the Finance Department about offering to assist with collections with the cost of collections charged to the properties. Mr. Utt then introduced Mr. Reid Broughton concerning the proposal. Mr. Broughton told Council that he handled delinquent tax collections all over the state. Under their collection process, the locality is not charged for the service, but a 20% fee is added on to the tax which is authorized by statute and from which the firm's fee is taken. Normally he continued, the agency went through a judicial process where the firm goes to court and gets an order of sale. Mr. Utt said that in talks with staff and Mr. Broughton, it was determined that initially one hundred (100) properties would be the first trial group to see how things progressed and then move forward from that point. Mr. East said there were numerous properties in the Town which were still deeded to a deceased person. He asked Mr. Broughton what would happen in those cases to get the property to a sale. Mr. Broughton said there were several options available, usually involving suits to quiet title. Occasionally with properties that sell at a very low value, the firm will write off its fee and the municipality will write off their taxes. Municipalities did that to clear up the title to encourage investment in the property. Mr. East also asked about selling a property in a blighted community with the stipulation that an investment of a certain amount be made. Mr. Broughton said it was a possibility that the judge could agree to that, but it was not something he had done before. Mr. Goodman voiced his concern that the Town did not want a "slumlord" to pick up properties cheap and then not maintain them. If a place was sold, he said the Town hoped that the site would be cleared or developed. Mr. East said that collection would complement code enforcement efforts. Mr. Broughton said another option was for the Town to acquire the property. If the value of the property is at a certain level and the taxes or abatement fees reach a certain level, the Town can acquire the property. Mr. Goodman asked if the property was sold and failed to bring what was owed, could the Town take ownership, sell it for a dollar, but with stipulations as to what the buyer was required to do. Mr. Broughton said that was a possibility. Mr. Goodman asked if an RFP was required for the legal service. Mr. Broughton said that obtaining legal counsel did not require an RFP. Following the discussion, Mayor Glenn opened the floor for a motion. Mr. Goodman moved that the Town Council authorize the Town Manager to sign and execute an agreement with Sands Anderson for tax collection purposes. The motion was seconded by Mr. Clark and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. East -Aye Mr. Clark -Aye Mr. Goodman -Aye Mr. Kidd -Aye Mr. Penn -Aye Next item on the agenda was Closed Session (Item 14). Mayor Glenn asked for a motion to enter Closed Session under Va. Code 2.2-3711 (a) 1 discussion for consideration of employment, Page 7 of 8/October 3, 2017 assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of public officers, appointees or employees for two items regarding Retirement Incentive Options and Town Manager Evaluation and one item under Virginia Code 2.2-3711, (A) 3, discussion for consideration of the disposition or acquisition of publicly held property concerning a First Street Parking Easement Request. Mr. Goodman made the motion which was seconded by Mr. Clark and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Council entered the Closed Session at 8:09 p.m. Council returned from Closed Session at 8:48 p.m. Mayor Glenn requested a certification motion for Closed Session that Council discussed only those two items under Va. Code 2.2-3711 (a) 1 and the one item under Va. Code 2.2-3711 (a) 3. The motion was made by Mr. East, seconded by Mr. Goodman and carried on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye After a review of future meeting dates, Mayor Glenn asked for a motion to adjourn which was made by Mr. East, seconded by Mr. Goodman and approved by unanimous y' vote at 8:48 p. Approved: ( ;I— RobeRN. Glenn Mayor ATTEST: David N. Quesenberry Clerk of Council 1 Page 8 of 8/October 3, 2017 1 1 Oct. 1, 2017 Leave the woman alone. The town should be ashamed of itself and apologize to Lynn Loftus for its excesses. A horrible wrong is being done here. You have attempted to anchor this silliness in law. You got the spirit of it all wrong. The stated purpose of the Town of Pulaski's Residential R-1 District [402.1] is to provide low-density single-family residential development characterized by large lots and open space normally compatible with residential surroundings. This is primarily designed to provide and encourage a safe and suitable environment for family life. She has accomplished this in spades. That the town is wasting time badgering her is evidence that its penchant for bureaucracy and superciliousness has exceeded all permissible bounds. There are a thousand solutions better than the course now taken. Drive by 1409 English Forest. You should be giving the woman an award, not harassing her with Town Council and Planning Commission rigmarole. Look at the planting she has done. Look at the beauty. Look at the attention to detail. If the exterior of my home were one quarter as attractive as hers, I would drop over in a dead faint. It is homes like this that build the best elements of our nation. If she is attacked, who will the Town attack next? It is sad enough to make you cry that the best this town can do is to run her down. SHAME ON YOU. If you have not driven by 1409 English Forest, let me show you some eye candy the way Google Earth sees it: {fir Aq k774w) r.AMA, h� Any person, rational or otherwise, walking by her home and mini -farm would be hard pressed to conjure up how four hens could bring the social order of a R-1 residential district to its crumbling knees. For folks like myself who live on the poor side of town with lots typically 50'x100', special ordinances are not apt to be drawn up to protect us. We are at special risk. Unlike town -permitted dogs (especially the barking or threatening variety) or cats (such as those that make a meal of local goldfish and song birds), our few hens are harmless beauties. Yet, at any minute the town may bring its hammer down on us too. How much fun do you think it is to have this threat hanging over your head, ready to strike at any unsuspecting moment? Just like the hens on the more elegant side of town, ours are often almost like family. They bring comfort and pleasure to us. The kids love them. These are videos of my bantams: Roughly 31,000 folks have seen this video: https://www,youtube.com/watch?v=dKS57URJSb4 And this is my movable chicken house: https://www.youtube.com/watch?v=VmQzkP35DUI For more on bantams: https://www.youtube.com/results?search query=bantam+chickens I kept chickens because I like them. Didn't have much use for eggs, so they were given away. I kept the chickens on display near the road so kids could see them. The little rooster went to a fellow in the county. Later I gave the hens to a town employee whose wife's chickens were on the losing end of an encounter with a raccoon. Backyard pet chickens are a big item. They are tremendously interesting. Go to Tractor Supply and gaze at their $300+ stylish chicken cottages. The sad point is that we have a wonderful town and a great agricultural heritage. Such a place is the logical destination for those who want to escape urban and suburban congestion. These are the responsible young adults and children we desperately need to bring here. 2 Yet we send them the unambiguous message, "You conform to our nonsense or suffer the consequences." It is no small point that this freedom lost is an excellent reason to leave the town of Pulaski or not to come here in the first place. All of this on your aegis. Diversity lost. Pleasure lost. Economic development lost. A text book lesson on how to be a looser. At least our modestly oversized tweety birds bring us happiness and a bit of tranquility. It would be sweet if our elected and administrative officials did half as well. This is a call for the chickens of Pulaski to unite and bring reason to less able two -legged creatures. -Ike Jeanes, Pulaski, VA Addendum Southwest Times: https://www.southwesttimes.com/2017/07/r)ulaski-takes-another-look-at-chickens/ httos://www.southwesttimes.com/2017/09/aulaski-planning-commission-votes-no-on-chickens-but- issue-remains-open/ The Backyard Chicken Site: https://www.backyardchickens.com/ 1