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HomeMy WebLinkAbout12-17-19Minutes of the Pulaski Town Council Work Session held at 5:00 p.m. Tuesday, December 17, 2019 in the Council Chambers of the Municipal Building at 42 First Street, N.W. In attendance were: Mayor: David L. Clark, presiding Councilmen Present: G. Tyler Clontz; Brooks R. Dawson; Joseph K. Goodman; Lane R. Penn; James A. Radcliffe Councilmen Absent: Gregory C. East Administration: Shawn M. Utt, Town Manager Legal Counsel Spencer A. Rygas, Town Attorney Press: Melinda Williams, Southwest Times Mike Williams, PC Patriot Staff: Chief Robbie Kiser, P.F.D. Jackie Morris, Asst. Finance Director Bill Pedigo, Town Engineer David Quesenberry, Clerk of Council Chief Gary Roche, P.P.D. Others Present: Candice Draper Austin Kemp Terry McPeak Judy Stoots Wayne Trail Jamie Williams Woody Horton Saige Kienzle Monica Musick A.L. Stoots, Jr. Catherine Van Hoy Genie Zunic 1. Call to Order. The work session was called to order at 5:00 p.m. by Mayor Clark. Kenny Hurt Charles Lilly James Steele Colin Sweeney Jennifer Viers 2. Roll Call. Following the call to order, the roll was taken. Present were: Mayor Clark, Mr. Clontz, Mr. Dawson, Mr. Goodman, Mr. Penn, and Mr. Radcliffe. Mr. East was not present for roll call. With a majority of the members of Council in attendance, a quorum was present for the conduct of business. 3. Modification of the Agenda. Mayor Clark requested a modification of the agenda to move Item 10a. "Second Amendment Resolution" to the front of the agenda before Item 5 the "Consent Agenda". The Mayor's request was so moved 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 -Absent James A. Radcliffe -Aye 4. Guests and Visitors. Mayor Clark welcomed everyone to the meeting and thanked them for coming. Given the interest in the Second Amendment Resolution, Mayor Clark noted that the meeting was a work session that did not have a public comment period. Council then considered the resolution concerning the Second Amendment. Page 1 of 12/December 19, 2019 10a. Resolution 2019-40, Resolution in Support of the Second Amendment. Mayor Clark opened the floor to comments from Council. Mr. Utt said that the direction from the previous meeting was to draft a resolution using the Botetourt County version as a template, which was in the packet for Council's consideration. He added he had been trying to get a copy of Pulaski County's resolution which had been approved the night before. Mr. Radcliffe said the draft resolution in the packet was a good one, but that the new language in Pulaski County's resolution was more appropriate. Mr. Radcliffe suggested that the Town's resolution use Pulaski County's resolution as a template. He thanked those in the audience for their attendance at the work session and at the Board of Supervisors meeting. Mr. Goodman said he agreed with adopting what the Board of Supervisors passed. He also said that such a gesture would show that we were in line with the questions being asked of Constitutional Officers and stated a clear message from all of Pulaski County. Following reception of an electronic copy of the County's resolution, Mayor Clark read the resolution, substituting where appropriate mention of the "Town" or the "Council" in place of "Pulaski County" or the "Board". He read as follows: "Affirming the Town of Pulaski's Support and Defense of the Constitution of the United States, the Second Amendment and Article 1, Section 13 of the Constitution of the Commonwealth and Declaring the Town of Pulaski, Virginia a Second Amendment Sanctuary Town WHEREAS, each member of the Town Council has solemnly sworn a public oath before the Circuit Court of Pulaski County, Virginia to support the Constitution of the United States of America (the 'U. S. Constitution') and the Constitution of the Commonwealth of Virginia (the 'Virginia Constitution'; and, WHEREAS, the Council holds dear all inalienable rights enumerated and bestowed within the U.S. Constitution and those protections granted to us within the Virginia Constitution; and, WHEREAS, the Second Amendment of the U.S. Constitution, declaring the rights of U.S. citizens and the citizens of the Town of Pulaski, Virginia to keep and bear arms without infringement, is one such right this Council finds inalienable and uninfringeable ; and, WHEREAS, Article 1, Section 13, of the Constitution of the Commonwealth provides this same right and protection of its people to keep and bear arms without infringement; and, WHEREAS, the Second Amendment to the U. S. Constitution and Article 1, Section 13 of the Virginia Constitution are included within the Bills of Rights of those respective documents; and, WHEREAS, the United States Supreme Court has held that the right to keep and bear arms is an individual right which pre-existed the enactment of the Second Amendment and which is guaranteed and protected by the Second Amendment; and, WHEREAS, it is the duty and obligation of the Town of Pulaski Town Council to support, uphold and defend the sanctity of the U. S. and Virginia Constitutions for the protection and welfare of its citizens; and, WHEREAS, the Council wishes to further affirm our strong commitment to and unwavering support for the U.S. and Virginia Constitutions by objecting in advance to any federal or state legislation contrary to the rights conferred therein or construed as an erosion of said rights; and, Page 2 of 12/December 19, 2019 WHEREAS, it must be understood that town councils within the Commonwealth of Virginia have no legislative, regulatory or enforcement authority related to 'the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof, " as provided by Section 15.2-915 of the Code of Virginia, 1950, as amended, and has no authority over the independent execution of the duties of the constitutional officers involved in law enforcement and must rely on those elected officials to independently uphold and defend the Constitution when and where applicable; and, WHEREAS, to effect meaningful safeguards against infringements to our Constitutions and the inalienable rights recognized and protected therein, we must have alignment with and concurrence from our constitutional officers involved in law enforcement to help preserve and ensure these rights; and, WHEREAS, the Town of Pulaski Town Council wishes to respond to the outpouring of its citizenry on this issue and put forth an official position on the Second Amendment of the U. S. Constitution that shall serve to edify federal and state lawmakers on where the Town of Pulaski stands on any current or future legislative considerations deemed contrary to the rights granted within both the Second Amendment and Article 1, Section 13 of each respective constitutional document, or deemed as an erosion of either's sanctity. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, in direct response to its citizens, does hereby support upholding the Constitution of the United States and shall defend with all legal means necessary, all the inalienable rights held therein, with emphasis upon, and deference to, the Second Amendment and the right it guarantees the citizens of the Town of Pulaski, Virginia to keep and bear arms without infringement. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Town Council of the Town of Pulaski, Virginia that the governing body of the Town of Pulaski shall hereby honor and uphold always the oath each individual member has duly taken to support the U. S. and Virginia Constitutions, and shall do so by pledging this day never to propose or pass local legislation contrary to or eroding those rights and fundamental principles granted and held within these instruments of freedom; will employ all nullification measures legally possible against federal or state legislation that unconstitutionally infringe upon our Second Amendment right; and furthermore pledge not to expend Town of Pulaski taxpayers' funds to enforce any undue legislation that is declared an infringement upon their Second Amendment rights. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Town Council of the Town of Pulaski, Virginia, that we encourage our local constitutional officers involved in law enforcement to stand in agreement with this Council to uphold our oaths of office and preserve, protect and never infringe upon the Constitution or our Second Amendment right. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Town Council of the Town of Pulaski, Virginia that we do hereby declare proudly the Town of Pulaski, Virginia, shall for all intents and purposes be considered a Second Amendment Sanctuary Town. NOW, THEREFORE, BE IT LASTLY RESOLVED by the Town Council of the Town of Pulaski, Virginia, that our official position and our declaration to be a Second Amendment Sanctuary Town be shared with our federal and state legislators, our fellow localities and municipalities throughout the Commonwealth and with all those who have interest in the Town of Pulaski's stance to uphold, support and defend the Constitution of the United States, the Constitution of the Commonwealth and their frameworks. " Page 3 of 12/December 19, 2019 Following the reading of the resolution, Mr. Goodman moved to adopt Resolution 2019-40 using the language from the Pulaski County, Virginia Second Amendment Sanctuary resolution, changing where appropriate to "Town of Pulaski", "Town Council", "Council" as necessary. The motion was seconded by Mr. Penn and 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 -Absent James A. Radcliffe -Aye Mayor Clark thanked the audience for coming out to support each other and the Council. Mr. Radcliffe also thanked Mr. Utt for his work on the resolution. Council next considered the Consent Agenda. 5. Consent Agenda. a. November 19, 2019, Council Work Session Minutes. Mayor Clark moved on to the Consent Agenda and called for a motion to approve the minutes of the November 19, 2019 Council work session. Mr. Dawson moved to approve the minutes. His motion was seconded by Mr. Goodman and approved by a unanimous voice vote of Council. Council next heard a report from Ms. Monica Musick of Pulaski Area Transit on their FY 21 budget. 6. Public Hearings. There were no public hearings scheduled on the agenda. 7. Presentations. a. Pulaski Area Transit FY 21 Budget Discussions Ms. Musick noted that the transit had finished its first fiscal year running the set route schedule. Ridership was down as expected after previously picking up individuals at their destinations. Ms. Musick had discussed the matter with DRPT who felt that going to the set route schedule accurately showed the true ridership on the system. Proposed changes for the system in the upcoming year included combining the two current routes into one route. This would free up two drivers who would be used to set up an on -demand 24 hour ahead of time service to bring riders in outlying areas to a bus stop. The grant period she said for the fiscal year opened December 1 st and would close on February 1 st. For this grant cycle for Fiscal 20-21, Ms. Musick requested two replacement vehicles and a fence to secure the lot where the transit vehicles were parked. According to DRPT regulations, vehicle storage areas were required to be fenced. Concerning vehicles, two vehicles would have to be sold for the replacement vehicles in order to generate the matching funds for the new units. Ms. Musick said the overall proposed budget for FY 20-21 was $632,083. She asked Council's permission to proceed with that budget which would keep the Town's contribution at $70,000. Golf tournaments and other activities would generate additional monies for the matching funds. Mr. Goodman asked if that lot could be secured since others park there as well. Ms. Musick responded that they had talked to the property owner, from whom they rented the lot, and he did not have a problem. Noting that fares had decreased 50%, Mr. Goodman asked if that was due to switching to routes. Ms. Musick responded it was and also only those persons who use the route may use their pass. Riders who have the ADA passes have to pay the fare each time. The hope was if the two routes were combined into one route and two drivers brought in riders from outlying areas, that would assist with the bus passes. The other concern Mr. Goodman brought up was the monthly bus pass. He asked if the number of times the passes were used was tracked. Ms. Musick responded yes, that the drivers marked on their sheet whether a pass was used or not. To Mr. Goodman's question as to how much these passes were used, Ms. Musick responded she would have to look that up. Page 4 of 12/December 19, 2019 Mr. Goodman said his concern was that the bus pass might be an abused cost, and that was causing the decrease in fares along with the route changes. However when losses of 50% occurred it made him think something else was going on. He added he would be uncomfortable adopting a budget without clearing this up. Given that revenues might continue their decline next year, he suggested using the available data to fix the problem. Ms. Viers reported that while fares decreased the amount of federal funds increased so the "hurt" was not as bad. Mr. Goodman said his concern was that federal and state grants were subject to change by fiscal year. Therefore he continued if the federal and state money did not come in, the Town would have to provide the balance for the appropriate amount for the grant match. Ms. Viers replied that was true, but the grants were also based on the ridership. If the ridership decreased, that would decrease the money from the feds as well. Ms. Viers commented that they were "on the fence" with the monthly bus passes and would keep those numbers to manageable levels. Mr. Penn asked what were the outlying areas and what did that mean. Ms. Viers replied she was ready to get out an RFP for a group to come in and get input from the citizens to see how far out the service could go. It might mean that the service would be available in certain areas on certain days. She said the area would remain inside the Town limits. Mr. Dawson, commenting upon the ridership figures from last year compared to this year, asked if those were individual rides each time somebody stepped on the bus. Ms. Musick replied it was. Now persons may call and do several errands at once rather than calling several times a day. She explained that past ridership was higher because PAT was being operated like a cab service while also receiving numerous phone calls, on occasion 600, each day. Mr. Dawson ventured that some of the decline in the numbers did not necessarily mean someone was not being served but that they were not being served as frequently. Ms. Viers replied he was correct, that it was a combination. Mr. Dawson said the largest issue for discussion was having a couple of buses that could assist people outside the areas being served. He said that there might be individuals that were not willing or able to qualify themselves as disabled, yet could not make it to a bus stop. He asked if there were regulatory provisions from the funding source to encompass more people into the ADA bus and could more people be encompassed than those who were willing to consider themselves disabled. Ms. Musick responded that the DRPT grant required that the ADA service be provided. Mr. Dawson asked if DRPT would not allow PAT to encompass people beyond that. Ms. Musick replied that was why she wanted to see if persons could be brought in from outlying areas. That would not be an ADA route but a demand bus where riders would call in 24 hours before the ride was needed. Riders on this service would be taken to the nearest bus stop like a similar service in Christiansburg. Mr. Dawson asked how many ADA buses ran and how busy they were. Ms. Musick said there was one ADA bus that was fairly busy most days. Somedays she added, the bus was booked every 15 minutes and ran almost full with some stops trying to pick up two or three people at the same time. Mr. Dawson asked if individuals who were not necessarily qualified as disabled used that service, could it potentially cause a loss of funding. Ms. Musick said it would, just for the ADA bus. There was one driver for the ADA bus and four for the loop. The two new proposed busses were for anyone, not for ADA. Mr. Dawson asked if the buses would be for currently served areas as well and not just the new outlying areas that were proposed to be added. Ms. Musick said yes, if riders could not get to a bus stop. Mr. Dawson then asked when they thought the service could be added. She replied there had been a phone conversation with DRPT that encouraged them to move forward with the proposal. Mr. Dawson asked about the timeline. Ms. Viers said she thought it might be 3-6 months. Mr. Radcliffe commended the group for their effort and for providing the service to the Town Mayor Clark thanked them for their presentation. Council next heard from Pulaski on Main concerning their annual report. Page 5 of 12/December 19, 2019 b. Pulaski on Main Calendar Year Update, Catherine Van Noy Mrs. Van Noy began her presentation by thanking Council for the opportunity to present her report. In reviewing the activities of Pulaski on Main, Mrs. Van Noy felt it was important to report these activities in light of the origin of Pulaski on Main and the guiding principles that drove the organization's strategies on a daily basis. Pulaski on Main was a product of the Community U. process which was funded by two DHCD grants. The Community U. process was designed to create a community vision and follow through with that vision using the appropriate agencies, strategies and plans. Pulaski on Main she continued, had four basic strategies which were applied on a regular basis: support and celebrate emerging and existing businesses; improve community appearance; activate a downtown bike and pedestrian system; and welcome new and potential residents. In addition as a Virginia Main Street Community, there had to be a focus on four key strategies: economic vitality; conformity with design principles of the Downtown; provide promotion for events in the Downtown; and organizational development. A transformational strategy was also used in conjunction with the four Main Street points to provide a more comprehensive approach in response to communities doing only design work or organizational development. Mrs. Van Noy then reviewed the activities of Pulaski on Main (POM) in light of the four basic strategies mentioned earlier to establish a linkage between the strategies and the activities. With respect to supporting and celebrating new and emerging businesses activities included: training events; educational partnerships; attendance at Virginia Main Street training events; Small Business Week; assistance to small businesses with their events and initiatives; and maintenance of a high profile social media presence. Concerning improving community appearance, Mrs. Van Noy noted the decoration of windows in conjunction with New River Community College; participation in the "LOVE" sculpture promotion; and support of the Downtown revitalization project. Regarding activation of a bike and pedestrian system in the Downtown, Mrs. Van Noy discussed the reception of a "Pedal Pushers" grant which had as some of its objectives increasing both bicycle related businesses and sales to existing businesses. Given the presence of several bicycle related facilities, (e.g. Dora Trail, mountain bike trail) the goal was to use the "Pedal Pushers" program to generate initiatives publicizing the bicycle assets of the Town. Another initiative was participation in the "Trans -Virginia Trail", a 546 mile trail connecting Washington, D.C. to Damascus, Virginia, which listed Pulaski as a stop on Day 7 of the nine day excursion. Mrs. Van Noy urged that the Town make sure it developed advertising and branding messages to publicize the Town and its amenities for bicyclists. Work also continued with the Local Food Local Places technical assistance grant. In welcoming new and potential residents, Mrs. Van Noy said Pulaski on Main worked to support Town events; create events; and operate their office on Main Street. The goal was to have a place where visitors could come and learn about the community and be made to feel welcome. The organization also supported Downtown events, such as the Peak Creek Cleanup. With respect to its organizational structure, Mrs. Van Noy reported that the bylaws and articles of incorporation had been drafted, while non-profit filings would be submitted in January. There had also been an expansion of the Main Street District and establishment of a new organizational mission. A new Board had been chosen and would be seated in January. Mrs. Van Noy said she would submit a more detailed report for Council's review in January and reviewed several indicators of activity. She also noted the adoption of a new branding for Pulaski on Main and shared the new logo with Council. Following these remarks, Mrs. Van Noy concluded her presentation. Page 6 of 12/December 19, 2019 Mr. Radcliffe mentioned a pump track that he was familiar with in Myrtle Beach and noted that it stayed "packed" with kids. Mrs. Van Noy replied that her research indicated that over time these facilities became more family oriented and offered areas for different skill levels of users. She found the possibility of a family friendly facility especially appealing. Regarding Mr. Radcliffe's concerns over liability, Mrs. Van Noy said that could be managed through liability insurance. Mr. Utt suggested that signage and liability (insurance) were the primary ways to address the issue. Mr. Dawson asked Mrs. Van Noy what were the key accomplishments that Pulaski on Main was aiming for in 2020. Mrs. Van Noy responded that she wanted to present that at the same time she presented her metrics of performance to Council. She hoped for an open discussion concerning hiring an executive director and proceeding with an executive director for the 501 (c) 3. A key component would be to increase the budget for Pulaski on Main by at least 30%-40%. At the conclusion of the presentation, Council reviewed a proposed drought ordinance. 8. Public Operations a. Proposed Drought Ordinance Review Mr. Pedigo noted that the Clerk had prepared an ordinance as previously discussed incorporating the three threshold levels with procedures. He reported that he checked the elevation of Gatewood right before the meeting and it was 3.7 feet below full pond. Two weeks ago, it was 9.46 feet down, so there was no cause for concern. There being no further questions or comments, Mayor Clark asked for a motion concerning Ordinance 2019-13. Mr. Dawson moved to approve Ordinance 2019-13 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 -Absent James A. Radcliffe -Aye Council next heard about concerns over power outages in the Town. 9. Finance No items for this topic on the agenda. 11. Public Utilities a. Update on Power Outage Concerns Mr. Utt reported that two months ago, Council directed the Town Manager to invite officials from Appalachian Power to discuss power outages in the Northwest section of Town. The one APCO official authorized to make presentations in front of a governing Council was not available until April (2020). Some of the local engineers did have a conference with the Mayor and Town Manager to review the concerns over the issue. Mr. Utt explained that the Town of Pulaski was served by two different circuits, the smaller Peak Creek Circuit and the larger South Pulaski Circuit which also served part of the Robinson Tract area and the northwest portion of the County. A project was scheduled to begin in February (2020) to install an automatic switchover fail-safe system for the South Pulaski Circuit which served most of the northwest part of the Town. The dividing line of the circuit extended from Prospect and Washington down to 5" St. and Randolph Ave. Mr. Utt then reviewed a list of power outages over the last three years. The six outages that were highlighted would not have occurred if the proposed switching system had been installed. This would have reduced the number of outages from nine to three. The six corrected outages would still have been a "blip" Page 7 of 12/December 19, 2019 because the switch would not activate until after 35 seconds had elapsed. This would still result in a large reduction in the length of the power outage. With respect to the smaller Peak Creek Circuit, six outages were recorded. The number of outages were not considered sufficient to put the switchover system in place on that circuit which did not have as many problems. Mr. Utt said by the first quarter of 2020, the switchover fail-safe system would be in place and operational. He asked Council if they had any questions. Mr. Goodman commented that the proposal was nice but did not go back to the question as to why the system was so unstable that power kept going out. He speculated there was a design flaw somewhere since he had not experienced the power outages in urban areas that he had experienced in Pulaski. The problem had been corrected once by tornado repairs, yet now the problem persisted. He suggested that something was loose, maintenance was not being done, and trees were not being trimmed often enough. His concern was that APCO was not putting forth the effort required by the State Corporation Commission when a rate adjustment was approved. Mr. Goodman said he was asking when APCO was going to spend some time in Pulaski looking at the system for the reason the "blips" happened and why a tornado in Robinson Tract took out power in a town miles away. Mr. Utt responded that the explanation he received was that the connection to the substation that fed South Pulaski Circuit, which was in turn was fed by a substation near Volvo, was actually on Loving Field Road and came back into Pulaski. APCO officials offered to meet individually with Council members but could not come to a public session. Mr. Goodman said that was disappointing and was actually insulting. They were a big company he continued, and if the primary person could not come, someone else certainly could. If the state needed to come and talk, they would be here and would move things around to come. Mr. Goodman observed that approximately % of the Town was on the circuit having problems. He proposed that there could be problems in isolated parts of the circuit. But with a large senior population, "blips" in the power could damage equipment by generating power surges. Someone on an oxygen machine or other specialized equipment that was subjected to power surges exceeding the capacity of the surge protector, would have their equipment damaged and their health placed in danger. That he said was the reason for his concern. Mr. Radcliffe said that APCO was not doing any line maintenance whatsoever and neither was VDOT, especially concerning trees. He said he did not know how to be proactive but felt that many of the issues were caused by trees overtaking the power lines. If the problem continued, he thought that the Town might have to get a contractor to address the issue of trees. Mr. Utt ventured that he doubted that the Town could get permission to be on power company right of way. Mr. Pedigo added his crews could not trim a tree a certain distance from the power line and that the Town did not have the equipment to do that. Mr. Radcliffe expressed frustration over paying electric bills while suffering damage to homes because the situation could not be fixed. Mrs. Van Noy suggested that the state delegates be contacted. Mr. Goodman said that normally the State Corporation Commission would be contacted since they authorized the rate adjustments. Mr. Penn added that in a conversation with a supervisor, he learned that if there was a cutback, the first thing cut was contractors who cut trees. Mr. Dawson asked how responsive was APCO to a call from the Town with specific issues such as trees. Mr. Pedigo said they did not tell APCO where to cut the trees. If there was an issue with a power line, they determined that through their contractor. Mr. Kemp said in his neighborhood, they contacted APCO concerning trees, which were cut throughout the whole zone. He felt you had to get the right person and not take no for an answer. Mr. Dawson said that felt like a first step for the municipality to take to speak up concerning issues and wait for a response. Then pursue other avenues, before going to the state. Following a short discussion, Mr. Utt said efforts would be made to keep the conversation going to find out what options the Town might have. Page 8 of 12/December 19, 2019 Next item on the agenda was Council discussion of a Conflict of Interest policy. 12. Safety No agenda items for consideration. 13. Human Resources a. Conflict of Interest (COI) Policy Discussion Mr. Utt told Council that he had left two additional policy versions at their dais. He said that the Town's Personnel Policy did have provisions regarding employee conduct and employee ethics but was not specific concerning second jobs and avoiding conflicts of interest with the employee's current position. He said he preferred the Montgomery County version in which standards were set out for secondary employment including a form which documented there was no perceived or actual conflict for liability's sake. He added he would answer any questions and asked for direction from Council. Mr. Goodman said this was not an attempt to prevent employees from working elsewhere, but to provide coverage for the Town. If it was known where employees were working, then it could be determined if there was a conflict that could be avoided. He noted various state and local agencies and municipalities had adopted such policies. In the event of a conflict, priority was given to the demands of the primary employer such as the state. Mr. Utt felt that full time vs. part-time employment needed to be looked at especially in cases where a part- time Town employee had a full-time job elsewhere. Mr. Utt estimated that approximately 40% of Town employees had second employment. Following a brief discussion on the status of such forms in an employee's personnel file and the style of form (Montgomery County's), Council moved on to the Round Table Discussion. 14. Round Table Discussion Mayor Clark opened the floor for comments from Council members. Mr. Penn noted at the last session, Council talked at length about the Filter Plant repairs. He felt things were on a "slippery slope" waiting to see what the insurance company might do. He noted that James Hardie had increased their operations which meant they needed more water. Mr. Penn also told of a conversation with Mr. Clark Wallcraft, Director of PFRWTA who remarked that he had not seen any difference in the sulfate discharge. If that continued Mr. Penn said, it means they (Hardie) were using more water to dilute (the sulfates). Should the situation continue, Mr. Penn expressed his concern the Town might be facing some dangers. At this time of year he continued, the cold weather would result in water breakages. His concern was with the Filter Plant down; a major water break and increased use by Hardie would put the Town in a bind. He wasn't sure the Town should wait around on the insurance company. He asked if the Town did what it needed to do, would that bother it. Mr. Utt responded that would be a good question for Mr. Quesenberry to ask VACORP. He proposed figuring out how to fund the repairs and then get reimbursement from the insurance. Mr. Penn responded that it had to be done anyway, no matter what. On the funding side, Mr. Utt said the Town had applied for SERCAP funds. It appeared it was moving forward and would be a proposed loan. However there had not been a loan offer yet, but Mr. Utt expected to have one by the January 7th meeting to present to Council. He thought that some response from VACORP should be forthcoming by that time given its high priority. Mr. Penn ventured that in case of an emergency, the County could provide help. Mr. Utt said it could for most of the Town but not parts of the Town. Mr. Penn said he was thinking about all the "what ifs" and what could happen. He asked Chief Kiser on the pumping capacity of a fire truck. Chief Kiser responded the capacity was 2,000 gallons per minute. Mr. Penn commented that it would not take long to pull the lines dry. He expressed his concern that the Town was "playing with fire". Chief Kiser said water could be hauled in or Page 9 of 12/December 19, 2019 secured from County hydrants but it was a hard process. The County did work with the Town Fire Department on a big fire and assisted with supplying water. Mr. Penn suggested that it did not make sense to wait on the insurance company given the time of repair and the arrival in the spring of peak water usage. He felt the issue needed to be revisited. Mr. Dawson said he thought the discussion at the last meeting was to go forward with those things that could be moved forward without preventing loss of funds. Mr. Utt said the design work had been done. Mr. Pedigo said the Town had received approval from the Health Department to which Mr. Utt added the Town had secured a construction permit from the Health Department. Mr. Dawson asked should the materials have already been ordered since it would cost no matter what. Mr. Utt responded that an order would require a down payment, leaving the question of reimbursement. He added he did not expect to be reimbursed for the engineering costs which the Town would have borne. However placing $100,000 down for equipment was a little different with respect to getting money back if possible from the insurance. Mr. Goodman ventured that while $100,000 was a lot of money, it was in the reserves for a reason. Waiting two or three extra months in the hope of receiving reimbursement, could allow for a calamity to occur in our system, possibly another filter failure, leaving the Town in worse shape that at present. He said that the goal was to balance the risk in that we would like to get as much money back as possible, yet the filter had been down six months with the prospect of an extension of more time to mid to late spring. Mr. Dawson commented that Mr. Pedigo estimated that $10,000 of overtime had been spent, which might go to $20,000 by then (spring). Mr. Dawson said the Town could get a loan whether it had purchased materials or not and the Town was repaid when the loan was received. He felt there was no benefit to waiting and buying materials unless the Town did not have the funds to buy materials. The only loss he felt was the insurance company would deny us funds because we made a purchase of materials. Mr. Utt said that was the unknown at present. Mr. Penn said another problem was there was only one contractor. If he was not available at that time it could put the Town in another bind. He expressed concern that there could be big problems. Mr. Goodman suggested that the matter be placed on the January 7th agenda to get some time to talk to the insurance company and take a vote to allocate the funds. Mr. Penn reminded the group that water was harder to treat in cold weather. He felt things were against the Town right now. Mr. Rygas said the issue of the insurance was purely speculative since it was not known if they would pay or not pay the claim. He believed that the Town would not get the answer. He said Council should base its decision on what it thinks it needs to do for the good of the system. Assuming the claim was denied, the system could suffer another breakdown, which Mr. Rygas said, could be construed by the insurance company as a continuation of a deniable claim. The Town might be better off to proceed, then make a complaint to the Insurance Commission. Mr. Goodman asked if action was needed. Mr. Utt said he understood he needed some kind of financing package for the January 7th meeting. After a discussion of possibly signing a contract and the lead time for procuring some materials, Mayor Clark asked Mr. Pedigo if it would be better for him to contact the contractor and get that going as soon as possible. In the meantime Council would authorize use of reserves depending upon the financing arrangements by Mr. Utt. He also asked Mr. Pedigo if that would be the quickest way to get repairs started. Mr. Pedigo felt that it would. Mr. Goodman asked how much reserves should be authorized. Mr. Utt thought about $322,000. After a short discussion on potential needs in the meantime, Mr. Utt suggested an authorization of up to $350,000 at this point knowing that a clarification of value and expenses would be made at the January 7th meeting. Mr. Utt's wording was placed on the floor as a motion by Mr. Goodman to allocate up to $350,000 from reserves. The motion was seconded by Mr. Penn and approved on the following roll call vote: Page 10 of 12/December 19, 2019 Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Absent James A. Radcliffe -Aye Mr. Penn asked about the Downtown Revitalization Plan reminding the group that Mr. East had asked about plans and asked if there were any. Mr. Utt responded that the plans were in a Weekly Summary two weeks prior, but could be provided. Mr. Penn then asked how much the grant was. Mr. Utt responded $698,000. He then asked if any of it had been spent. Mr. Utt estimated that approximately $100,000 had been spent. Mr. Dawson asked if the Town was in good shape equipment -wise for winter. Mr. Pedigo said there was a full supply of salt and mentioned a small accident with one of the smaller salt trucks. Mr. Goodman said he heard great things about the Christmas parade and complemented the staff for their efforts. Mr. Clontz had no comments. Mr. Radcliffe asked about packets for restaurants. Mr. Utt said he approached the County and City of Radford, but the County declined to participate. He had approached a company about doing a Town - centered effort which he should have for the January meeting. Mr. Radcliffe said the Town was hurting for restaurants. Mr. Utt said something might be coming in the very near future. There being no further comments, Council went into Closed Session. 15. Closed Session Mayor Clark requested a motion from Council to go into Closed Session for two items, one under Va. Code 2.2-3711 (A) 1, a personnel matter regarding Town Manager employee oversight; and the second under Va. Code 2.2-3711 (A) 8, consultation with legal counsel concerning a boundary adjustment. Mr. Goodman moved to enter Closed Session. 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 -Absent James A. Radcliffe -Aye Council entered Closed Session at 6:41 p.m. and returned from Closed Session at 7:31 p.m. Mayor Clark asked for a certification motion that Council discussed only the two items for which it went into Closed Session: one item under Va. Code 2.2-3711 (A) 1, a personnel matter regarding Town Manager employee oversight and the other item under Va. Code 2.2-3711 (A) 8, consultation with legal counsel regarding a boundary adjustment. 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 -Absent James A. Radcliffe -Aye Page 11 of 12/December 19, 2019 16. Future Meetings and Adjournment Mayor Clark reminded Council of future meetings. There being no further business, Mr. Goodman moved to adjourn the meeting. The motion was seconded by Mr. Dawson and approved by unanimous voice vote of Council at 7:32 p.m. Approved: Clark Mayor ATTEST: -Ll&� David N. uesenber Clerk of Council Page 12 of 12/December 19, 2019