HomeMy WebLinkAbout06-04-191
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Minutes of the Pulaski Town Council meeting held at 7:00 p.m., June 4, 2019 in the Council Chambers of
the Town Municipal Building at 42 First Street, N.W.
In attendance were:
Mayor:
Councilmen Present
Administration:
Legal Counsel:
Press
David L. Clark, presiding
G. Tyler Clontz; Brooks R. Dawson; Gregory C. East; Joseph K. Goodman;
Lane R. Penn; James A. Radcliffe
Shawn M. Utt, Town Manager
Nichole L. Hair, Deputy Town Manager
Spencer A. Rygas, Town Attorney
Melinda Williams, Southwest Times
Mike Williams, PC Patriot
Staff Chief Robbie Kiser, P.F.D.
Bill Pedigo, Town Engineer
David Quesenberry, Clerk of Council
Rebecca Reece, Finance Director
Chief Gary Roche, P.P.D.
Others Present: Cherie Adams Lisa Choate
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 Clontz.
3. Invocation
The Invocation was given by Councilman Goodman.
Richard Meadows
4. Roll Call
After the Invocation, the roll was called. Present were Mayor Clark, Mr. Clontz, Mr. Dawson, Mr. East, Mr.
Goodman, Mr. Penn and Mr. Radcliffe. All members of Council were present which established a quorum to
conduct business.
5. Modification of the Agenda
Following Roll Call, Mayor Clark requested a motion to modify the agenda to add under "New Business",
Item 13d "Public Hearing Request"; and to add under "Closed Session" one item under Va. Code 2.2-3711
(A) 7 consultation with legal counsel concerning actual or potential litigation concerning a zoning
application.
A motion to modify the agenda as stated was made by Mr. Goodman, 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
6 Recognition of Guests and Visitors
Mayor Clark welcomed guests and visitors to the meeting and thanked them for attending.
Council next reviewed the "Consent Agenda".
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7. Presentations
There were no presentations on the agenda.
8. Public Hearings
There were no public hearings on the agenda.
9. Public Comment Period
Council received no comments from the public.
10. Consent Agenda
a. Consideration of the May 7, Council Meeting Minutes
Mayor Clark asked for a motion to approve the minutes of May 7, 2019. Mr. Penn moved to approve the
minutes. The motion was seconded by Mr. Clontz and approved by voice vote of Council with Mr. Goodman
abstaining.
Next item reviewed was "Project Updates".
11. Prosect Updates
a. Project Summary Sheet
Mr. Utt noted that the most recent summary sheet was in the packet and that he would answer questions
unless Council wanted him to give various highlights.
Mr. Dawson, noting that the entry for the Brookmont project mentioned looking for additional funding, asked
if there was a possibility that completing the project would require a loan. Mr. Utt replied that the project had
a loan component. Presently the project was funded at $1.7 million with $300,000 in grant funds and the
rest with a zero interest loan. Mr. Utt informed Council that he had received an email from the engineer that
the Town would probably have to request more money because of the changes to the project. He added
that he intended to have a meeting with Mr. Pedigo and the engineer and see if there was a possibility of
sharing with the County. The project now sought to replace four water tanks and four water tank pump -
stations with a new water tank and a new pump station which would eliminate the age problem, increase the
service area and do more than what was originally planned. Mr. Utt added that before he approached
Council about the size of the loan, he wanted to talk to the PSA.
Mr. Dawson asked about an estimate for the annual cost. Mr. Utt responded that in looking at a 20 year
term for $1.4 million loan without interest annual costs could range from $70,000 to $75,000, possibly
$100,000 from the Water Fund perspective. He added that there would be some debt retired from a
refinancing in 2021 or 2022 which would give the Town more debt capacity than it presently had.
Mr. Dawson then asked how many more owners were needed for the Downtown Revitalization. Ms. Hair
replied very few. Seven applications had been approved and other owners had come forward. Fifteen
owners were required by the project which Ms. Hair said the Town should not have an issue reaching. Mr.
Utt added that the Town needed only three or four more participants. He said right now the focus was on
the Main Street facades but that there were also Peak Creek facades that could be used on the creek/alley
side. Ms. Hair added that facades could be included on the Jefferson and Washington Avenue sides.
Mr. Goodman asked if the project area could be expanded past Main to East Main. Mr. Utt replied that
Washington Avenue could not be crossed because of the environmentals, but the goal for the next
Downtown project would be the next block over. Mr. Dawson asked how property owners were contacted.
Ms. Hair replied that they had been contacted individually. She felt that once the project got going there
would be other owners wanting to discuss the project.
Mr. Goodman asked about the new trees for Oakwood. Mr. Utt said the Cemetery Trustees would be
meeting Thursday (June 6th) and that he hoped they would formally approve the proposed plantings. If the
plantings were approved he also hoped that by Friday discussions would begin with a contractor. He
emphasized that both Oakwood and Pinehurst would be done.
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Mr. Goodman asked if anything had been looked at concerning the grass at Pinehurst. Mr. Utt said he and
Mr. Pedigo had discussed the issue and that the problem was the presence of shale on the property. Grass
had been seeded and topsoil put down, but it usually washed off. Mr. Utt speculated that the only option
was to put sod down on the entire tract, but he doubted that it would grow on some areas of the property
There being no further discussion, Council next considered various resolutions and ordinances under "Old
Business" starting with Ordinance 2019-05.
12. Old Business
a. Ordinance 2019-05, Setting Water Rates
Mr. Utt noted that the ordinance followed action from the public hearing held back in April with the 4%
increase that was recommended by Davenport.
On Mayor Clark's call for a motion, Mr. East moved to adopt Ordinance 2019-05 as written. 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
b. Ordinance 2019-06, Setting Sewer Rates
Mr. Utt said that similar to the water rates, a public hearing was held in April and the ordinance reflected the
recommendation from Davenport for a 2% increase in sewer rates.
Mayor Clark asked if there were any questions, there being none he called for a motion. Mr. Clontz moved
to approve Ordinance 2019-06 as written. The motion was seconded by Mr. Dawson 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
c. Ordinance 2019-07, Setting Garbage Rates
Mr. Utt, noting the public hearing in April, said the Town was following the lead of the Public Service
Authority (PSA) which had not raised rates in nearly 20 years. The PSA had recently voted to approve a
$2.00 per month increase which raised the cost of regular service to $17.00 per month and reduced service
to $10.00 per month. While the revenue generated was a "pass through", the Town did get to keep 5% as
an administrative fee.
Mr. Penn moved to approve Ordinance 2019-07. 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
d. Resolution 2019-17, FY 2019-2020 Budget & Capital Improvement Plan
Mr. Utt noted that this was the resolution necessary to formalize the FY 2019-2020 budget.
Mayor Clark mentioned the extensive and productive discussions on the budget and called for a motion.
Mr. Penn had a question about the grit chamber repairs listed in the Sewer Fund. He asked if that had been
done a couple of years ago. Mr. Pedigo replied that it had not been done. Mr. Utt added that money had
been put aside and the budgeted amount would give the Town the funding to do the repairs. Mr. Goodman
asked if $75,000 would be enough. Mr. Utt explained that the $75,000 had a contingency and that there
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were other funds from last fiscal year for the reserve and the 4A and 4B reserve fund which he felt would be
enough.
Mr. Goodman noted that the ladder truck was in the General Fund again as a recommendation of putting
something aside to start the process. Mr. Utt said that was on Resolution 2019-18.
Mr. Radcliffe moved to accept Resolution 2019-17 as written. The motion was seconded by Mr. Penn 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
e. Resolution 2019-18, Five -Year Capital Improvements Plan
Mr. Utt informed Council that a revised version of the resolution was placed on the dais. He explained that
there was an error in that only one year of expenditures for the Night Vision Sightings system was entered
when funding was requested for the same amount for all five years. The revised version he continued
incorporated the $17,990 project amount into each year of the Five Year Plan.
With respect to Mr. Goodman's inquiries on the ladder truck, Mr. Utt reported that the Town was looking at
the Town of Blacksburg's used truck. The Town was waiting to hear back from the Blacksburg Town
Manager's Office on a price for the unit, which Mr. Utt thought which would be a lot less than what the unit
was worth. He ventured that the cost of the unit would be $150,0004200,000 for a $700,0004800,000 unit.
Blacksburg was purchasing a new ladder truck, while the truck in question only had 7,000 miles on it and
looked brand new. Mr. Utt said his goal was to bring something like that back to Council rather than
worrying about finding a million dollars for a new unit.
Mr. Goodman asked about funding for the Training Tower repairs. Mr. Utt said there was money in the
current budget that would "roll over" to cover that project.
Mr. Dawson felt the Five Year Capital Plan was underutilized and that realistically the Town had a one year
plan on a five year plan. With projects listed that were not part of the plan, Council needed to put together a
cohesive plan of its intentions that was not limited to the next year. This would require putting together the
planning and thought process to put forth the intentions for five years of capital investment.
In looking at the Five Year Plan, Mr. Dawson said years 3, 4 and 5 showed only those projects that would
reoccur (e.g. police cars, night vision, etc.). He felt that the necessary planning to determine what was
expected to happen and to provide guidance on the Town's intentions had not been done. As decisions
arose, they could be measured against what the intentions were. Currently he felt, decisions were not being
measured against what had been planned for from a financial standpoint.
Mr. Dawson felt that was not healthy for the Town and a better job could be done regarding expectations as
to what might happen. As circumstances changed, they could be measured against expectations and
adjustments made as needed. He urged that in the upcoming months that time be spent doing the capital
appropriately. Given the Town's recent history, he did not feel that there were adequate expectations on
what was planned for financially, resulting in doing what could be done, when it could be done. He felt that
future Five Year Plans should be what the Town thinks is should be and show what the expectations are.
Mr. Utt responded that he wanted to challenge the Department Heads to look over their operations and
determine what their needs or wishes would be for the next five years. This would serve as a catalyst for a
conversation that could assist in building goals and improve the CIP by placing a narrative behind the tables
in the document.
Mr. East felt that Mr. Dawson raised some excellent points. Given past discussions, he asked if there was
an intention of moving police cars to the operating budget since they were a reoccurring capital expenditure.
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Mr. Utt said that it possibly could be done, but the reason he had not done so previously was that the
Report of Expenses sent to the state auditors asked what was spent on operational costs and invested in
capital items. Moving $130,000 in capital items to the Police Department budget would make that an
operational cost which would be spent each year. But if there was a drastic budget year in which funds were
needed, the number of vehicles might have to be reduced. That was why he preferred to keep it in the
capital. While the funds would be spent, it would be a matter of how the expenditure would be reported out
at the end of the year.
Mr. East said that Mr. Dawson had made an excellent point and that if a project was not in the last three
years of the plan it probably would not happen. The Town he felt would not be ahead of the curve when that
time arrived.
Mr. Goodman said he had long complained that the Capital Improvement Plan appeared to be a "wish list"
that was prepared by staff with Council having no part in the process. He felt that development of next
year's capital should start this summer. He also recommended that a separate table be created in the plan
with projects that were always done.
Mr. Goodman added that he would like to see a realistic five year capital improvement plan. There could be
a plan composed of projects that were certain of being done, which was a minimum target, and another that
would be more of a "wish list". He also suggested expanding the capital plan to 10 years with expansions by
five year blocks (e.g. 10-15 years; 15-20 years) to create a record of when large expenditures (e.g. raw
water pipeline) were scheduled.
Mr. Utt felt the Department Heads could provide Council with the needed information. Council would then
set the direction in which to move.
Discussion having concluded Mr. Goodman moved to adopt Resolution 2019-18 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
After considering the resolutions and ordinances, Council moved on to review the special exception request
from Pulaski Medical.
f. Special Exception Request, Pulaski Medical
Mayor Clark noted that following discussions it would be necessary to postpone the special exception
request until the July 2nd meeting.
Mr. Goodman moved to postpone discussion on the Pulaski Medical special exception request until the July
2nd meeting. Mr. East 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 next reviewed items under "New Business" starting with representation to Pepper's Ferry.
13. New Business
a. Peppers Ferry RWTA Representatives
Mr. Utt referred to the letter from Pepper's Ferry in the packet notifying the Town of the expiration of Mr.
Penn's term at the end of the calendar year. Of more immediate need was to name an alternate for Mr.
Penn since Mr. Hurt had left the Town. While a new employee had been hired, Mr. Utt suggested that he
wanted the employee to have some time before taking these duties on. Mr. Utt recommended that he serve
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as the alternate for Mr. Penn until the new employee was brought up to speed; unless someone would
volunteer.
Mr. Goodman volunteered to be the alternate. Mr. Dawson asked if there was a reason that the alternate
was not another Council member. Mr. Goodman explained that traditionally Council members were the
regular members and staff was the alternates. Given current issues, Mr. Goodman felt it was appropriate to
have a Council member as an alternate. Mr. Utt said that Council would need to direct staff to draft a
resolution appointing Mr. Goodman as the alternate to Mr. Penn.
Mr. Radcliffe moved to reappoint Mr. Penn and appoint Mr. Goodman as his alternate for a four year term
ending 12/31/2023. Mr. Dawson seconded the motion which was approved on the following roll call vote:
Lane R. Penn
-Aye
Joseph K. Goodman
-Abstain
Brooks R. Dawson
-Aye
G. Tyler Clontz
-Aye
Gregory C. East
-Aye
James R. Radcliffe
-Aye
Council next considered compensation for Pepper's Ferry board members.
b. Pepper's Ferry RWTA Resolution for Board Compensation, Resolution 2019-19
Mr. Utt referred to the letter in the packet from Pepper's Ferry describing their proposal for board
compensation. In the past when Pepper's Ferry raised the compensation for Board Members, approval from
each member jurisdiction was required. A state code provision allowed the Authority to grant Board
Members a cost of living increase equal to the cost of living increase for employees. Mr. Utt said the
resolution in the packet (Resolution 2019-19) would allow this to be done for the Pepper's Ferry Board. He
added that the resolution in the letter had been adapted to the Town's format.
Mr. Clontz moved to approve Resolution 2019-19 as written. The motion was seconded by Mr. East and
approved on the following roll call vote:
Lane R. Penn -Abstain Joseph K. Goodman -Abstain
Brooks R. Dawson -Aye G. Tyler Clontz -Aye
Gregory C. East -Aye James R. Radcliffe -Aye
Following the vote, Council looked at improvements to the Jackson Park fountain.
c. Jackson Park Fountain
Mr. Utt asked for Mr. Radcliffe's comments. Mr. Radcliffe said that in traveling he had noticed fountains in
other communities and had many people ask about the Jackson Park fountain. Given the historic nature of
Jackson Park, he said he wanted to bring the fountain back to life", possibly with lights in it. He requested
Mr. Utt get estimates for using in-house employees or outside contractors and determine what could and
could not be done.
Mr. Utt said he did have some numbers regarding the fountain which indicated it could be lined with a
membrane liner and resurfaced for about $1,000. He thought the pumps were good, but that it was the
second/third largest water user due to leakage. Mr. Goodman asked why there was so much leakage. Mr.
Utt said it was cracked and the actual pond was hand built.
Mr. East asked if the intent was to do the repairs. Mr. Utt said it was and thought that $1,000 would take
care of it. Mr. Goodman asked if there were funds left over from this year's budget. Mr. Utt replied there
were and added he thought there were funds for the work both in Contingency and in General Properties
Maintenance. Mr. Goodman said he supported Mr. Radcliffe's proposal for lighting noting that a lighted
fountain near his home was quite beautiful. Mr. Utt asked if there was power to the foliage at the fountain.
Mr. Pedigo said there was. Mr. Utt told Council that the project could be done this summer.
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Mr. Goodman asked if Council action was needed. Mr. Utt replied that Council could authorize action or
staff could proceed on their own. Mr. Goodman then asked if Council authorization was needed to carry
over funds to the next fiscal year. Mr. Utt replied that since the amount was low, the money could be spent
this fiscal year to get the materials together, even if the work did not start until July.
Mr. East asked if some landscaping cou:d also be done as well as possibly a seating area. Mr. Utt replied
that it could. Mr. Goodman recommended there should be some heating for the fountain for cold winter
months. Mr. Utt said that options could be priced out.
Mr. Utt said Draper Aden had done a downtown streetscape study, the Peak Creek Promenade Plan, which
had a splash pad around the fountain. He said there was a bigger goal going back to the five year/ten year
plan that could be done for the park.
Mr. East said he was reminded of a previous proposal to use a boxcar as a stage in the park that would be
nice to pursue given the current stage used for events. Mr. Utt said he had reached out to Norfolk Southern
but had received no response. Mr. Goodman mentioned that another option was a permanent stage.
With discussion concluded, Council moved on to a public hearing request.
d. Public Hearing Request
Ms. Hair reported that the Town had received a rezoning request for the storage units above the Ginza on
Route 99 -East Main. The owner wished to expand the storage units but the property was zoned residential
which did not allow that. He was requesting a rezoning from residential to business. Staff recommended
that the Planning Commission hold a public hearing on July 8th and the Town Council hold a public hearing
on August 6th
Mr. Utt explained that the item was added that evening to expedite the process, since there was no plan to
hold a June work session. He requested Council's authorization to schedule the hearings.
Mr. Goodman moved to approve that the Planning Commission start the processing of the zoning request
following the schedule suggested by Ms. Hair. The motion was seconded by Mr. Dawson and approved on
the following roll call vote:
Lane R. Penn
Brooks R. Dawson
Gregory C. East
Council then moved to the Closed Session.
-Aye
Joseph K. Goodman
-Aye
-Aye
G. Tyler Clontz
-Aye
-Aye
James A. Radcliffe
-Aye
14. Closed Session
on for three items as follows: two items under Virginia
Mayor Clark requested a motion to enter Closed Sessi
Code 2.2-3711 (A) 1 for personnel matters concerning the Town Manager's Annual Evaluation and the
Town Attorney's contract; and, one item under Virginia Code 2.2-3711 (A) 7, consultation with legal counsel
concerning actual or probable litigation regarding a zoning application.
Mr. Goodman moved to enter Closed Session for the three items. 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
Council entered Closed Session at 7:43 p.m. and returned from Closed Session at 8:53 p.m.
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Mayor Clark asked for a certification motion that Council only discussed those three items for which it went
into Closed Session: two items under Virginia Code 2.2-3711 (A) 1 for personnel matters concerning the
Town Manager's Annual Evaluation and the Town Attorney's contract; and, one item under Virginia Code
2.2-3711 (A) 7, consultation with legal counsel concerning actual or probable litigation regarding a zoning
application.
Mr. Goodman moved to certify the closed session. 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
15. Reminder of Future Council Meetings and Adjournment.
Mayor Clark noted the next Council meeting would be July 2nd with a work session on July 16th. The work
session for June 18th was cancelled. With no further business on the agenda, Mayor Clark requested a
motion to adjourn. The motion to adjourn was made by Mr. Goc
approved by the unanimous voice vote of Council at 8:55 p.m.
ATTEST:
David N. Quesenberry
Clerk of Council
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Mayor