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HomeMy WebLinkAbout09-03-19Minutes of the Pulaski Town Council meeting held at 7:00 p.m., September 3, 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: Mike Williams, PC Patriot Staff Chief Robbie Kiser, P.F.D. Rebecca Leeper, Finance Director Bill Pedigo, Town Engineer David Quesenberry, Clerk of Council Chief Gary Roche, P.P.D. Others Present: Vicki Morris Jay Puckett 1. Call to Order Mayor Clark called the meeting to order at 7:00 p.m. 2. P/edge 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 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 There were no modifications to the agenda. 6. Recognition of Guests and Visitors Mayor Clark welcomed those persons in the audience and expressed his appreciation for their attendance. Council then moved on to "Public Hearings". 7. Presentations There were no presentations scheduled on the agenda. 8. Public Hearings a. CDBG for Pulaski Sanitary Sewer Imorovements for the Pulaski Business Park Mr. Litt said the Town had been working with James Hardie to reroute the sewer from the industrial park. Approximately $2.0 million in grant funding had been identified with $700,000 coming from Community Development Block Grant funds. Earlier in the year, the Town held the first of two required public hearings on Page 1 of 7/September 3, 2019 the CDBG application. The first hearing was a general public hearing while the second was specific to the sanitary sewer project the Town was applying for. Referring to the map in the packet, Mr. Utt reviewed the flow of wastewater through the project area. The project was designed to send wastewater from the plant directly to Station 4B. A storage tank was also planned for the west side of the plant which would be connected back to the sewer. Mr. Utt added that the total amount of the project was $2.6 million all of which would consist of grants from the CDBG, the Economic Development Administration (EDA), the Appalachian Regional Commission (ARC), and a $400,000-$500,000 loan depending on the cost of the project. Negotiations were underway with James Hardie to determine their contribution to the project. He added that the EDA application should be submitted by the end of September. Mr. Utt reminded Council that $500,000 had been previously received from the ARC for the project. Mr. Goodman asked why the project wasn't done when Hardie was original built. Mr. Utt responded that time was of the essence (when the plant was originally built). Mr. Pedigo added that there was not time to look getting into that sewer main portion. A way would have had to have been found to store Hardie's wastewater for a given time period since the Town did not have a basin to do so. If Station 4B went down, there had to be a place to store the wastewater. Mr. Utt said given the site, there was gravity flow to the Critzer Pump Station which had enough capacity to give the quickest result. Ten years later he noted, it became clear what needed to be done to the sewer system. Mr. Pedigo said that the plant's capacity over time had expanded over 30% and that now there would be the new school and future residential development in that drainage basin. Mr. Utt said the project had a double function of making capacity for Critzer Pump Station and removing the wastewater from James Hardie from the Town's system more quickly. Mr. Goodman then asked what the Town now had the capacity to do in that area. Mr. Utt replied the Critzer Pump Station could handle flow all the way through the Thornspring Drainage Basin. Mr. Pedigo added it could handle flow as far as from the community college. Mr. Utt added the area was drained by gravity flow but flows were contingent upon how a sewer was put together. There being no further discussion, Mayor Clark opened the public hearing at 7:06 p.m. Mrs. Vickie Morris, owner of a beauty salon across from Critzer School, addressed Council concerning the grant. She told Council that the presentation had answered a lot of her questions. However she said that for the last two years she had been getting sewage backdrawn into her washing machines in addition to a sewer odor buildup. The problem was worse during rainy days. She noted the proposed sewer project might help the situation. Mr. Utt asked Mrs. Morris to talk to Mr. Pedigo and mentioned a similar problem in the Bob White Headstart building that turned out was due to a broken sewer pipe under the slab. Mrs. Morris noted her building was poured on a slab that had no pipes. However the odor was still worse on rainy days. Receiving no further comments, Mayor Clark closed the public hearing at 7:09 p.m. Mr. Utt noted there would be action for Council on the CDBG later in the meeting. Mr. East asked, in light of Mrs. Morris' complaints, if there had been any other complaints. Mr. Pedigo said that there were some complaints in Bainbridge which in one case was traced back to plumbing. Mr. East noted that staff was willing to figure out what the problem was and that there was something that needed to be understood. Council moved on to the "Public Comment Period". Page 2 of 7/September 3, 2019 9. Public Comment Period Council then heard comments from Mr. Jay Puckett, 531 Graham Street. Mr. Puckett showed Council and staff a sample of water from his residence that had deposits in it. He said that there was also no water pressure and that he felt, given the price of water service that the Town should make an adjustment and that these problems were not acceptable. He also mentioned a cul-de-sac put in by Mr. Hagen with a 25 mph speed limit which should be only 15 mph. In addition, the drainage ditches were not cleaned out. There were also problems with zoning issues and apparent contradictions between the Police Department and Code Enforcement regarding various activities. Mr. Puckett also mentioned problems with persons dropping pets in the area. He added that something needed to be done on these issues. Mayor Clark told Mr. Puckett that he wanted to get with some Department Heads and would contact him later in the week. Mr. Puckett again asked that action be taken on speeding in the vicinity of his neighborhood and that there were additional problems involving trash. Following his remarks, Mr. Puckett thanked Council for the opportunity to speak. Following the reception of public comments, Council considered the Consent Agenda. 10. Consent Agenda a. Consideration of the August 6, 2019, Council Meeting Minutes Mayor Clark asked for a motion to approve the minutes of August 6, 2019. Mr. Clontz moved to approve the August 6, 2019 Council meeting minutes as written. The motion was seconded by Mr. Dawson and approved by unanimous voice vote. Next item for review was the Project Summary Sheet. 11. Proiect Updates a. Project Summary Sheet Mr. Utt opened the discussion to receive questions from Council. Mr. Goodman asked for an update on the Oakwood and Pinehurst plantings. Mr. Utt replied that the Cemetery Trust approved spending up to $30,000, but that the decision had been made to wait until the fall for the planting. Mr. Pedigo added that the fencing for Pinehurst was also approved and that work was set to begin. Mr. Goodman asked if there was a new sign ordered for Pinehurst. Mr. Pedigo responded that there was work underway to get a new one in place. Mr. Dawson asked about the sign for Gatewood which fronted Interstate 81 and was nearly covered by trees. Mr. Utt replied that access to the sign was from Newbern Heights and that there was a new property owner involved. In the past there was a handshake agreement to allow access to the sign, but a visit to the sign a couple of years ago led to the Sheriff's Department arriving. Mr. Utt thought that a direct phone call from either he or the Mayor might be in order to try to get access to the sign. He added that he received complaints about the sign once or twice a week. Mr. Goodman asked about new signage in the Downtown. Ms. Hair said the wayfinding signage was part of the Downtown Project which had to be re -bid since no bids came in. Other funding was secured for pedestrian and bicycle wayfinding signage which was in the process of securing a contractor to do it. Regarding rebidding, Mr. East asked if something different was done. Ms. Hair responded that there was an extension of time for the completion of work and all contractors that received a bid package were contacted and asked to re -bid. Ms. Hair noted that the contractors expressed surprise that nobody bid on the project. However she said there was a lot of work around and not enough persons to do the work. Mr. Utt added that advertisements were done over a greater distance. Ms. Hair said more was spent on advertising in pushing out to make more contacts. Page 3 of 7/September 3, 2019 Mr. East ventured that the state understood the situation and that it would not negatively impact the Town. Ms. Hair replied that Ms. Rumley was aware of the situation and that we were not the only community to have that happen as part of a CDBG project. Given the amount of work available she said, contractors could pick and choose among jobs. Mr. Goodman asked about further developments on the Dora Highway Convenience Center. Mr. Utt said a contractor was coming in two weeks to estimate pumping the water out of the building with the goal, after removal of water and asbestos testing, of filling the structure in. Mr. Pedigo said the building went down underground three stories and had groundwater in it. The groundwater had to be remove and asbestos testing done, followed by removal of all items but concrete. Piping, pumps and metal had to be removed so DEQ could inspect it as a "clean concrete cavity". Following the inspection the shaft could be filled with dirt or shale. Mr. Utt added the state had been invited in to assist the Town on what could and could not be done. Draper Aden had also helped with identifying a contractor to drain the structure. Mr. Goodman mentioned that the PSA had set aside funding while the Town was working on funding sources. Mr. Utt said the PSA was working on the design and was getting bids to do the design work. He hoped that construction might begin in the spring with project completion by fall (2020). Mr. Goodman also asked if efforts had been made to reach out to Honeywell about using the old site possibly for a park space. Mr. Utt said Mr. Rygas had found someone on the site and asked for contact information for their supervisors but did not hear back. Mr. Rygas added the he had also had sent emails but had not received any response. Mr. Goodman suggested contacting federal legislators for assistance. Council next moved on to "Old Business" regarding property insurance claims 12. Old Business a. Property Claims Mr. Utt reported that the Town had received denial letters concerning the Town's insurance claims on the Train Station and the Filter Plant. The Town was looking to put together an appeal letter with assistance from CHA consultants. If the insurance was not going to cover the cost of the filter, the cost of repairs could be rolled into the Brookmont Project. The Health Department had another fund on the emergency side but Mr. Utt said he did not have much information about it. There were however, other opportunities for the Filter Plant funding. Repair costs he felt would be in the $150,000-$200,000 range. Mr. Goodman ventured that the financing would be 80% grant to 20% loan. Mr. Utt replied that the percentages would be 20% grant to 80% loan if it was tied to the Brookmont Project. He expected that monies from the emergency funds would be all loans. Concerning the Train Station, Mr. Utt said staff had worked with the bond counsel for the fire truck to add funds or have the option to add funds to the bond for the Train Station repairs. Mr. Utt said that proposals came back based on the fire truck only with an interest rate of 2.1 % for ten years, which was half of what was expected. The issue, if the Train Station was added to that same bond, was there were federal regulations tied back to tax exempt bonds, limiting the percentage of the building that could be rented out. Renting the 300+ square feet to Pulaski Bikes on a daily basis did not count since it was a public building. He thought the area rented to the bike shop (10%) did not trigger the limitation (25% area), but bond counsel was reviewing the issue. The public hearing for the bond would be October 1 sl to meet advertising requirements. Mr. Utt said he had contacted Blacksburg's Deputy Town Manager and informed them of developments in relation to the aerial truck. There had been a delay on delivery of the new unit to Blacksburg, but he felt they would send the truck on over and take payment when the bond closed. He complimented how helpful Blacksburg had been on the entire matter. In reference to the claims, Mr. Utt said that staff would keep trying on the filter plant and he thought that efforts would continue to work the Train Station into the bond issue. In a worst case scenario with the bond he noted that the annual payments would be about $43,000 for the train station and fire truck together. Page 4 of 7/September 3, 2019 Mr. Goodman asked if 5-7 year financing was considered. Mr. Utt responded that the proposal looked at five, seven and ten years. The recommended interest rate came in at 2.1 % with a ten year term. Davenport representatives would be present at the public hearing to give a report to Council. A short discussion ensued concerning the basis of the insurance company's denial of the claim, Mr. Dawson asked if there were hopes regarding the appeal. Mr. Utt said the Town could make some good arguments and that the Town had to try, but that he did not hold many hopes. With discussion concluded, Council then considered resolutions concerning the CDBG Application and building/fire code boards of appeal. 13. New Business a. Resolution 2019-24, Town Support of CDBG Application Mr. Utt said this was one of two resolutions that were to be presented in conjunction with the CDBG application. The resolution authorized him to sign the application and all documents on behalf of Council. Mr. Goodman moved to adopt Resolution 2019-24. 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 R. Radcliffe -Aye b. Resolution 2019-25, Adopting CDBG General Assurances and Certifications Mr. Utt said this resolution dealt with general certifications for debarment and Federal requirements (e.g. Drug Free Workplace) that had to be signed. He recommended the resolution be approved as presented. Mr. Goodman moved to adopt Resolution 2019-25, Mr. Dawson 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 R. Radcliffe -Aye c. Building Code and Fire Code Appeals Mr. Utt noted that he had never had heard of an appeal from a decision of the Fire Marshal or the Building Code. However, every locality that had adopted the Fire Code or the Building Code were required to have an appeals board. The County's appeals board could be used for building code issues, but the County could not be used for Fire Code issues since they had not adopted the Fire Code. There was an appeal from a Fire Code violation, but there was no Fire Code appeals board to hear the appeal. Mr. Quesenberry noted that the Town was required to have a mechanism of appeal for building code violations or fire code violations. A Local Board of Fire Prevention Code Appeals was required to hear appeals from the Fire Marshal's rulings. The County did not enforce the Fire Prevention Code so the Town would have to create an appeals board of its own. With respect to Building Code appeals, Mr. Quesenberry noted that in the past the Town had the Housing Board of Adjustment and Appeals which was down to two members, the other member's terms having expired. The County had a building code appeals board, but he was not sure they had met and noted that the terms of all members had expired. He requested that Council authorize the establishment or re-establishment of the required boards. Page 5 of 7/September 3, 2019 1 1 Mr. Utt said the issue in the past was getting the volunteers to serve on boards. Even though in his experience some boards did not meet, it was necessary to go through the process. He also inquired if there were any Council members that wished to volunteer. Mr. Goodman suggested partnering with the County on the building code and possibly partnering with Dublin on the Fire Code. Mr. Dawson asked about the status of the current appeal without the appeals board. Mr. Goodman asked about possible deadlines. Mr. Utt said the good news was that the issues had been resolved that were appealed. The appellant did not agree with the things he had to do, but he had complied. It was not a situation where the appellant was waiting for an appeals board to rule that he did not have to do a certain action, but seemed more a matter of principle. However, the appellant recognized that the Town did not have a board set up. Mr. Utt said it was important to go through the process appropriately. Mr. Goodman volunteered to serve and suggested reaching out to include a retired firefighter as a member or some volunteers. Mr. Quesenberry suggested contacting former members of the Housing Board of Adjustment and Appeals. Mr. Goodman pointed out the difficulty of maintaining interest in serving on a Board that did not meet often while Ms. Hair thought that partnering with the County would work. Mr. Utt said they would keep Council posted. Council next entered the Closed Session. 14. Closed Session Mayor Clark then requested a motion to enter Closed Session for two items as follows: one item under Va. Code 2.2-3711 (A) 1-a personnel matter concerning the Town Manager's contract; and, one item under Va. Code 2.2-3711 (A) 8 -consultation with legal counsel regarding a zoning violation. 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 7:45 p.m. and returned from Closed Session at 9:07 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) 1-a personnel matter concerning the Town Manager's contract; and, one item unde,- Va. Code 2.2-3711 (A) 8 -consultation with legal counsel regarding a zoning violation. Mr. Goodman moved to certify the closed session. 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 Page 6 of 7/September 3, 2019 15. Reminder of Future Council Meetings and Adjournment. Mayor Clark reminded Council of the upcoming work session on September 17th There being no further business, Mayor Clark requested a motion to adjourn. The motion to adjourn was made by Mr. Goodman, seconded by Mr. Clontz and approved by the unanimous voice vote of Council at 9' ATTEST: David N. Quesenberry Clerk of Council 1 1 Approve Page 7 of 7/September 3, 2019 Vivid L. Cla Mayor