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HomeMy WebLinkAbout03-05-19Minutes of the Pulaski Town Council meeting held at 7:00 p.m., Tuesday, March 5, 2019 in the Council Chambers of the Town Municipal Building at 42 First Street, N.W. In attendance were: Mayor: David L. Clark, presiding Councilmen Present: G. Tyler Clontz; Brooks R. Dawson; Gregory C. East; Joseph K. Goodman; Lane R. Penn; James A. Radcliffe Administration: Shawn M. Utt, Town Manager Nichole L. Hair, Deputy Town Manager Legal Counsel: Spencer A. Rygas, Town Attorney Press Melinda Williams, Southwest Times Mike Williams, PC Patriot Staff David Quesenberry, Clerk of Council Rebecca Reece, Finance Director Chief Gary Roche, P.P.D. Others Present: Cherie Adams Noelle Bissell Adam Marion Richard Meador Freddie Sonner 1. Call to Order Mayor Clark called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance The Pledge of Allegiance was led by Councilman Dawson. 3.Invocation The Invocation was given by Councilman East, 4. Roll Call After the Invocation, the roll was taken. Present were Mayor Clark, Mr. Clontz, Mr. Dawson, Mr. East, Mr. Goodman, Mr. Penn and Mr. Radcliffe. Since all Council members were in attendance, a quorum of Council was present to conduct business. 5. Modification of the Agenda No modifications were requested or made to the agenda. 6. Recognition of Guests and Visitors Mayor Clark welcomed those in attendance and thanked them for coming to the meeting. 7. Presentations a. Dr. Noelle Bissell, Health Director for the New River Health District Council then heard a presentation from Dr. Noelle Bissell, Health Director for the New River Health District. Dr. Bissell spoke to Council concerning two urgent public health issues that the Health District was dealing with. The first issue was sexually transmitted infections (STI). Statistics presented by Dr. Bissell showed that one out of two sexually active adults by age 25 contract an STI. The United States currently lead in the incidences of STI with twenty million cases diagnosed annually at a cost of $16 billion. She ventured that the increase was due in part to the rise of contraception and social media. Since 2013, various types of STI had seen increases from 22% to 154%. This in turn led to health complications such as Human Immunodeficiency Page 1 of 8/March 5, 2019 Virus (HIV); stillbirth; ectopic pregnancy; miscarriage; and infertility. Most STI's were curable but all were treatable. In response to this issue, Dr. Bissell said the NRV Health District had started a media campaign with advertising on billboards; signs on Pulaski Transit buses; radio and television messages; and digital marketing. Most persons, Dr. Bissell said, who have an STI usually have no symptoms. This resulted in long term consequences and passing the infection unknowingly on to others. Testing done by the NR Health District had indicated a greater incidence of STI's in the area. Efforts to deal with this issue included marketing; free confidential testing; follow up treatment; and education concerning "safe sex". The District was assisted by schools and other community partners and organizations. The other issue was drug addiction. Dr. Bissell said most persons saw addiction as a moral failure when it was a medically proven disease. She emphasized that two people could be exposed to an opiate or another drug resulting in one becoming addicted while the other did not. Some studies suggested that there was a genetic component involved. The District was working with community partners and with community services. Dr. Bissell noted most persons thought of addition in connection with opioids, but now they were seeing more heroin and methamphetamine. Most persons did not start with these drugs and most substance abusers used more than one drug. Tobacco was considered a "gateway drug" and had been the focus of the media for its connection to vaping. Dr. Bissell noted that not much was known about vaping, because it was not regulated. It was known that youth were using vaping at record levels. A jewel pod used in vaping she said, contained as much nicotine as an entire pack of cigarettes. Some users were mixing marijuana and other substances into the pod, making it a "gateway drug". The Health District was addressing the issue using two approaches. The first approach involved prevention and education in conjunction with community services. Community services offered counseling, in -school programs, educational events, and treatment. Dr. Bissell said medically assisted treatment (MAT), though controversial, according to data allowed persons to hold down jobs; have more stable relationships; and have fewer interactions with law enforcement. The next approach was "harm reduction". The District had dispensed Naloxone, a reversal treatment for opioid overdose. Approximately 500 doses had been dispensed in the New River Valley since a public health emergency was declared in November 2018. The next step she said was syringe exchange, which was also controversial. Presently, the District had a couple of syringe exchange programs operating. Studies showed that these programs had greater success in getting persons into treatment and preventing infections (e.g. cellulitis, endocarditis, hepatitis C). Addictions she noted, cost the economy $500 billion annually. Dr. Bissell said in late May or early June, the District would host a summit to open the conversation on harm reduction in the New River Valley. Despite media accounts that overdose deaths were declining, the rates she noted were still high. After these remarks, Dr. Bissell concluded her presentation. Mr. Goodman asked how long were individuals on medically assisted treatment. Dr. Bissell replied that many people were on the treatment permanently, while most people were on it for several years. Medically assisted treatment had many components among which the first was mental health treatment. Many persons dealing with addiction had some mental health issues. The last thing needed was to remove the substance they were physically dependent on while they were not stable from a mental health standpoint. A small percentage of persons she added do come off of medically assisted treatment. Mr. Goodman asked if five to seven years of medically assisted treatment was normal. Dr. Bissell said that would not be unusual. Page 2 of 8/February 5, 2019 Mr. East asked what determined, besides mental health issues, the beginning of the reduction process to get a person off a drug. Dr. Bissell replied that the first thing was to be sure the patient was in a "good place" mentally. Usually reduction was started under close observation to see how the patient did. The problem with addiction she added was that it was a physical dependence on a substance. In many cases, removal of the substance triggered cravings and withdrawal. The physiology was that the body wanted to do anything to avoid withdrawal. That was one reason why addiction brought out the worst in people in that they would do anything to get that next fix to avoid withdrawal. Mr. Goodman asked what was being done in Pulaski to reach teens about STI's. Dr. Bissell said the Virginia Department of Education was still in an abstinence state. The District was working on an evidence based curriculum called "Rights, Respect, and Responsibility" which is a comprehensive sexual health curriculum. The Gutenberg Institute determined that abstinence programs do not work and were harmful to youth. Their data also suggested that with a comprehensive sexual health curriculum, youth are delaying sexual activity longer. The district was working to get the evidence based curriculum introduced so to work on it in the schools. There being no further comments, Mayor Clark thanked Dr. Bissell for her comments. Council next considered the amending of Chapter 38 of the Town Code regarding blight and blight incentives. 8. Public Hearings a. Amending Chapter 38 of the Town Code Regarding Blight and Blight Incentives Ms. Hair reported that this was a carryover from discussions with developers on how to tackle blight in a way to incentivize property owners or developers to redevelop empty residences. There were many instances in the community where residents had passed away and their residences were left sitting vacant. Developers were coming in and purchasing them but were facing challenges getting started in cleaning them up. Ms. Hair reviewed some of the ordinance's provisions including: granting the building official, property maintenance official and the fire marshal the authority to make determinations regarding blight; eliminating the use of tarps for covering vehicles; requiring vehicles to be within an enclosed structure; and allowing the use of planking and fencing to hide items from neighbors. Division seven was added for revitalization incentives as previously discussed in a work session. Such incentives included: waiving building permit fees; tax abatement for residential and commercial properties; and a rehabilitation grant program. If Counci; adopted the ordinance, staff would develop a process that would go into the property maintenance flowchart. The process would be brought back to Council at a future work session. Mr. Goodman asked if inoperable vehicles would be done town -wide and not just in residential districts. Ms. Hair replied that they would be town -wide and that staff was working on commercial properties, for junkyards and inoperative vehicles, as well as in industrial zones. Mr. Goodman said in the past only residential areas were covered. Ms. Hair responded that it was now done town -wide. Industrial zones were a little different in that they had to be fenced, but otherwise they had to be taken care of. Mayor Clark opened the public hearing at 7:16 p.m. No comments being received from the public, the hearing was closed at 7:17 p.m. Mr. Dawson asked for clarification on the grant program, which he understood was to be engaged in opportunities to remove blighted properties. He asked if the grant program could be used to improve properties and not just tear them down. Ms. Hair and Mr. Utt said that was the goal (of the incentives). Mr. Goodman confirmed that money was in the budget for removal and that the incentives were something new to work with persons who were revitalizing. Mr. Dawson said it was important for people to know that the grant was not just for demolition of unrepairable structures. The money ($5,000) spent at the right way at the right place and the right time, he thought would be of benefit to the Town and its program and that was what he wanted to make sure the program's intention was. Page 3 of 8/February 5, 2019 Mr. Utt said that staff would put some marketing materials together for the program out which he intended would stress the emphasis on revitalization. He said the end result of the incentives was to clean up, to beautify, to help property values in the neighborhood and fix up structures rather than tearing them down. Mr. Dawson said the incentives really did not speak to requiring the property owner to put forth money on their own. Ms. Hair responded that it would be part of the process in the application piece that staff would go over with Council. A performance agreement with the Town would be part of the process which had been discussed among staff. Mr. Utt added that if a project were only $6,000, the Town would not want to be $5,000 of someone's personal property. There would be some levels that needed to be discussed as the implementation strategy was worked out as to how far the Town would want to go (e.g. 30%, 50%, 50-50, a set amount). Mr. Utt said there would be some ideas to bring before Council before the program was started. Mr. Goodman said the proposed amendment, under Section 38-183 said that rehabilitation costs had to be at least $10,000 and under Section c (1) $5,000. Mr. Dawson said that was for tax abatement not the grant. Mr. Utt noted that some of the language had been imported from the former Enterprise Zone, which was oriented towards commercial abatements vs. grant funds. Mr. Goodman suggested a minimum investment be required. Mr. Utt said staff could tweak the code section to formalize the change. Mr. Dawson asked if it was necessary that the verbiage be in the amendment. Mr. Goodman suggested that the language not be included so as to not limit Council by ordinance. A policy he continued, could be easily overridden by a Council vote, but an ordinance required hearings would paint Council in a box. Ms. Hair said the fagade program for blighted properties was a great example where the owners made agreements with the Town to participate in the program. There were some examples of agreements staff could review. Mr. Utt suggested having a draft implementation strategy ready for the March work session. With discussion concluded, Mr. Goodman moved to adopt Ordinance 2019-03, Ordinance Amending Chapter 38, "Environment", of the Pulaski Town Code in Regards to Blighted Properties as revised. The motion was seconded by Mr. East and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye Next item was the Public Comment Period. 9. Public Comment Period No comments were received from the public. Council then moved on to the Consent Agenda. 10. Consent Agenda a. Consideration of the February 5, 2019, Council Meeting Minutes Mayor Clark called for a motion regarding the minutes of February 5, 2019. Mr. Clontz moved to approve the February 5, 2019 Council meeting minutes as written. The motion was seconded by Mr. Dawson and approved by the unanimous voice vote of Council. Next item for review was the Project Summary Sheet. 11. Proiect Updates a. Project Summary Sheet Mr. Utt noted that the Downtown Revitalization project was added as requested and he would answer any questions on the projects. Regarding the Dora Project, Mr. Radcliffe mentioned that now at the landfill, persons bringing debris and crossing the scales were billed. Mr. Utt explained that previously the Public Service Authority (PSA) covered the cost for PSA customers. The Resource Authority had changed their practices to prohibit that because they Page 4 of 8/February 5, 2019 did not know who to bill for customers from other areas. He added that now if the scales were crossed, the person was billed no matter where they were from. However, if a customer used one of the three drop sites in the County, it was free for customers. Mr. Radcliffe said that because of the change, there would be twice as much traffic in the drop sites and it would have to be cleaned up more than normal. He noted that this would lead to more dumping (e.g. tires) and there should be discussions because of the small size of the dumpsite. Mr. Utt responded that was also his concern and that he wanted to reach out to the Director of the Resource Authority and see what the Town could do to speed things up. He added that the concept plan was underway with funding through the Brownsfield Remediation Project which should help "jump start" things. The PSA, he continued estimated a cost of $350,000 to $400,000 for the proposal involving the old treatment plant. Mr. Goodman asked when it came to funding was that something that the New River Resource Authority (NRRA) was doing or was it the Public Service Authority (PSA). Mr. Utt replied that was why he needed to talk with the Executive Director of the NRRA. He thought there was a question on funding and that the Town appeared to be "caught in the middle", which was why he needed to reach out to the NRRA and see what the process was. Mr. Goodman asked since the PSA would be saving money that used to be paid to the NRRA, would they be looking to reallocate those funds to invest in this project. Mr. Utt replied that he needed to talk to Mr. Linkous at the PSA. Mr. Linkous was trying to calculate what the savings were which was difficult since the amount came in a mass bill. Mr. Dawson said he understood that the amount involved was a small dollar amount. Mr. Utt ventured $20,000 but he added, that was a guesstimate on his part. Mr. East ventured that the Town was waiting on funding options which Mr. Utt said would be provided by the PSA or NRRA separately or together. Mr. East said he knew the County had stepped in trying to make things happen. He asked if the PSA and NRRA were to respond to the County. Mr. Utt said that they would respond to the County because the Town was not a member of the resource authority and did not have a vote. Mr. East said he understood the County was actively pursuing the issue to which Mr. Utt replied the County's two voting members were also pushing the issue. Mr. Dawson asked if the Town had any responsibility or liability for expenses for that drop site at all. Mr. Utt said his review of the Refuse Agreement indicated the Town was to provide a site and the PSA had the responsibility to do whatever was needed with the property. Ten years ago when the Town acquired the Honeywell site, that should have been the Town's only expense or responsibility. Ultimately it was not large enough, but now a piece of property has been identified that is large enough, so the Town's part should have been done. To speed things up he continued, the Town may have to invest a little in engineering but it would have to invest some in the demolition of the structure. Mr. East asked if that should be done sooner rather than later. Mr. Utt responded he was in a holding pattern, but hoped that one of the results of the concept plan would be to address the safest method of dealing with the structure. Mr. Clontz asked when would be the earliest that there would be construction on the Downtown CDBG. Ms. Hair said the next step was an Architectural Review Board meeting this month for five fagade presentations. The consultant would put up bid documents so the contractors would be under the program as well. She added it would be early spring perhaps in May before construction began. Once the contractors were brought on board, things would be ready. Mr. Clontz also asked about if there had been any contacts on the skate park/basketball area. Mr. Utt said there had been some conversations with the Department of Environmental Quality (DEQ). The Town was still holding, waiting on DEQ to officially approve the change from a farmer's market to a skate park/basketball court as was presented to them in July or August 2018. Hopefully he said, written approval would be given in the coming weeks, certainly by the end of the month. That will allow the Town to do the bids and get things underway in the summer. The grant he continued, was extended to the end of June. The Town would have to Page 5 of 8/February 5, 2019 ask for another extension past June, probably to the end of the calendar year, so that there would be enough time to spend the funds. Mr. Utt said the agency had verbally committed to spending the funds, but had questions for Draper Aden due to the different brownsfield standards for commercial, residential and recreational uses. Hopefully this would be done by the end of the month. Mr. Goodman asked about status of grants for the James Hardie Direct Injection Project. Mr. Utt said that one grant was submitted to the Appalachian Regional Commission (ARC), who, after a state review, would give a recommendation to the Federal level. The Federal level review and awards were expected in May. The regional Planning District Commission was putting together the grant applications for the Economic Development Administration (EDA) funds and the Community Development Block Grant (CDBG) funds. The application for the Department of Environmental Quality (DEQ) loan was not due until August. The other two grants were open submission grants without a hard deadline, so work was being done on them now. Mr. Utt said the hope was to capture the grant funds and have the DEQ funding as the final piece. Mr. Utt added that there might be an opportunity to have the County contribute some funds, since flows from the new middle school would go to the Critzer pump station. The County would contribute to capture some of the capacity at Critzer that could be put toward the middle school, since the direct injection project opened some of that station's capacity up. Mr. Utt told Council about an alternative under consideration that had been suggested by the County. Currently the flow to the Critzer Pump Station is all gravity flow. The County suggested why not put the tank near the Critzer pump station and pump it from there; just reverse the pumps at Critzer rather than build a new pump station. The proposal he added was being examined. Council then considered Ordinance 2019-02, Ordinance Implementing E -Summons Assessment. 12. Old Business a. Ordinance 2019-02, Ordinance Implementing E -Summons Assessment Mr. Utt reported that the ordinance was a result of the previous public hearing. The funding that would come in from the assessment would have to be used towards the implementation of the E -summons system, for hardware and software. The funds would not be an inflow of money into the General Fund, but would come in and then go out directly for an actual use. Mr. Utt recommended approval of the ordinance as provided. Mr. East moved for the adoption of Ordinance 2019-02 as written. Mr. Penn seconded the motion which was approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye Council then considered the special exception requested by Pulaski Medical, Inc. b. Application for a Special Exception by Pulaski Medical, Inc. Mr. Rygas addressed Council on the issue. He said ordinarily there would be a Council decision made in a window of thirty-five (35) days from the Planning Commission's decision and referral. In this case, in speaking with the counsel for Pulaski Medical, Mr. Rygas said they indicated that they would request that the Town defer consideration of the matter for one month. Basically he said, they were agreeing not to push to have the decision made tonight, which would be the last official meeting within that window of time, in order to engage in a good faith dialogue with them to address reasonable concerns they may have. Mr. Rygas noted that Pulaski Medical had outlined some suggestions that he had worked with them on. He said that it would be a matter of working with them (Pulaski Medical) and having a meeting within the next thirty Page 6 of 8/February 5, 2019 (30) days to talk about concerns the community, other business owners, or the Council had funneled to the persons engaged within that meeting. From that perspective, Mr. Rygas recommended that Council not address the matter tonight per his discussion with their counsel. Mayor Clark inquired if Council could move on without taking official action. Mr. Rygas said Council could proceed forward without having to take action. Mr. Dawson asked if there was any concern for needing more than a verbal agreement. Mr. Rygas felt that from Pulaski Medical's perspective, they had put it in writing and by openly discussing it tonight. The Town was committing itself to it by not having the issue brought before the Council this evening. Mr. Utt asked if it was likely there would be more for the April legislative meeting. Mr. Rygas thought so and that he would engage in an active dialogue with them (Pulaski Medical). Council would be kept informed of what the next steps were and information and questions would be accumulated so they could be addressed. There being no further discussion, Council next considered the appointment of Sherri Gallagher as Building Official. 13. New Business a. Appointment of Sherri Gallagher as Building Official, Resolution 2019-06 Mr. Utt noted Mrs. Gallagher had been introduced at the last Council meeting. The resolution he added would officially name her as Building Official. Mrs. Gallagher would have twelve (12) months according to the Building Code to become a certified Building Official. Ms. Hair added that Mrs. Gallagher would be attending her core classes in two weeks with the final set of classes offered in September. Ms. Hair said she was working on getting Mrs. Gallagher into the earlier summer session even though those sessions were full. Mr. Goodman moved that Council adopt Resolution 2019-06, Resolution Appointing Sherri Gallagher as Building Official, as presented. The motion was seconded by Mr. Radcliffe and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye Council next moved to the Closed Session items. 14. Closed Session Mayor Clark then requested a motion to enter Closed Session for two items: one item under Va. Code 2.2- 3711 (A) 3, consideration of acquisition of real property or disposition of public property regarding 1St Street, N.E. property; and, one item under Va. Code 2.2-3711 (A) 5, discussion concerning a prospective business or expansion of existing business where no previous announcement had been made concerning "Project Cow". Mr. Goodman moved to enter Closed Session for the two items. The motion was seconded by Mr. Clontz and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye Council entered Closed Session at 7:44 p.m. and returned from Closed Session at 8:07 p.m. Mayor Clark asked for a certification motion that Council only discussed those two items for which it went into Closed Session: one item under Va. Code 2.2-3711 (A) 3, consideration of acquisition of real property or disposition of public property regarding 1St Street, N. E. property; and one items under Va. Code 2.2-3711 (A) 5, Page 7 of 8/February 5, 2019 1 1 i discussion concerning a prospective business or expansion of existing business where no previous announcement had been made concerning "Project Cow". Mr. Goodman made the certification motion, which was seconded by Mr. Clontz and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye 15. Reminder of Future Council Meetings and Adjournment. Mayor Clark noted there would be a budget work session on March 1211 at 6:00 p.m. and a Council work session on March 19th at 5:00 p.m. With no further business to be conducted, Mayor Clark then requested a motion to adjourn adjourn was made by Mr. Goodman, seconded by Mr. Radcliffe and a Council at 8:09 p.m. ATTEST: W David N. Quesenberry Clerk of Council A The motion to Page 8 of 8/February 5, 2019 Mayor