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HomeMy WebLinkAbout07-20-21Minutes of the Pulaski Town Council Meeting held at 5:30 p.m. Tuesday, July 20, 2021 in the Council Chambers of the Municipal Building at 42 First Street, N.W. The meeting also featured a general live cast to the public via the Town's Facebook page. Mayor: Shannon Collins, presiding Councilmen Present: G. Tyler Clontz; Brooks R. Dawson; Greg East; Lane R. Penn; James A. Radcliffe; Michael P. Reis Administration: Darlene L. Burcham, Town Manager Legal Counsel Spencer A. Rygas, Town Attorney Staff: David Quesenberry, Clerk of Council Jordan Whitt, Social Media Manager 1. Call to Order Mayor Collins called the meeting to order at 5:30 p.m. 2. Roll Call of Council Counted as present for Roll Call were: Mayor Collins, Mr. Clontz, Mr. Dawson, Mr. East, Mr. Penn, Mr. Radcliffe and Mr. Reis. Since all members of Council were present, a quorum was present to conduct business. 3. Modification of the Closed Session Agenda Mayor Collins requested a motion to modify the Closed Session agenda to add one item under Va. Code 2.2-3711 (A) 8, consultation with legal counsel. Mr. East moved to modify the Closed Session. His motion was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye Michael P. Reis -Aye 4. Closed Session Mayor Collins then asked for a motion to enter closed session for four items as follows: one item under Va. Code 2.2-3711 (A) 1 -consideration of an appointment; one item under Va. Code 2.2- 3711 (A) 7 -consultation with legal counsel concerning actual or probable litigation; and two items under Va. Code 2.2-3711 (A) 8 -consultation with legal counsel. Mr. Penn moved to enter closed session. Mr. Dawson seconded the motion which was approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye Michael P. Reis -Aye Council entered Closed Session at 5:34 p.m. Page 1 of 8/July 20, 2021 Mr. Clontz returned from Closed Session at 6:28 p.m. 5. Certification of Closed Session Council returned from Closed Session at 6:32 p.m. Mayor Collins asked for a motion to certify that only those four items for which Council went into Closed Session were discussed: one item under Va. Code 2.2-3711 (A) 1 -consideration of an appointment; one item under Va. Code 2.2-3711 (A) 7 -consultation with legal counsel on concerning actual or probable litigation; and two items under Va. Code 2.2-3711 (A) 8- consulation with legal counsel Mr. Penn 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 James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye Michael P. Reis -Aye 6. Modification of Public Session Agenda None. 7. Guests and Visitors Mayor Collins welcomed those persons in attendance in person and watching on-line. 8. Consent Agenda a. Consideration of the Minutes of the July 6, 2021 Council Meeting Mayor Collins asked for a motion to accept the minutes of July 6, 2021. Mr. Penn moved to adopt the July 6, 2021 meeting minutes as written. Mr. Reis seconded the motion which was approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Abstain Gregory C. East -Aye Michael P. Reis -Aye 9. Recognizing the Service of Sgt. John F. Leeoer on His Retirement. Resolution 2021-35 Council then recognized Sgt. John F. Leeper upon his retirement from the Town. Mayor Collins read Resolution 2021-35 in its entirety before Council. Following the reading of the resolution, Mr. Dawson moved to adopt Resolution 2021-35 as written. The motion was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye Michael P. Reis -Aye Following the vote, Mayor Collins presented Sgt. Leeper with a framed and signed copy of the resolution. 1 Page 2 of 8/July 20, 2021 1 10. Presentations a. Pulaski Area Transit-Kimley Horn Presentation Council next heard a presentation from Pulaski Area Transit (PAT) and Kinley-Horne consultants concerning a public outreach strategy for establishing new routes for the transit system. Mrs. Monica Musick and Mrs. Candace Draper from PAT and Mr. Michael Shindledecker from Kinley-Horne gave the presentation. Mrs. Musick told Council that work on the "feeder routes" had been underway for some time and hoped it was time to proceed forward. Mr. Shindledecker reviewed the Public Engagement Plan for the rollout of these new routes. He focused on three main activities to engage the public which were: the Council meeting itself, to solicit input and feedback from Council and to seek Council's advice on how best to engage the public; two focus groups on September 1 st which were comprised of persons who were impacted the most; and, an open public meeting, also on September 1 st, which would follow the focus groups. The focus groups he said would review the proposed changes and provide feedback, while the public meeting would be geared to individuals having questions about the entire process. The meetings would be at the County IT building. Following the presentation, Council asked several questions concerning the proposed changes. Mr. Dawson asked since the proposed changes were not finalized could improvements be accommodated? Mr. Shindledecker said "Yes". Mrs. Draper responded that the outlying areas that had lost service had been incorporated so that service could be restored to those locations. Mr. Dawson then asked how the "feeder lines" would work regarding timing or frequency of stops. Mrs. Draper responded the intent was the lines would be on a continuous loop so those persons could utilize the Town transit route throughout the day. She said the plan combined the Town route into one route with two drivers running in opposite directions. The other two drivers would be taken off the Town route and added to the "feeder route". This would not add costs. Mr. Penn asked what would be the schedule for outlying areas. Mrs. Draper said it would be on a loop schedule with the time determined by how long it would take to circle the loop, but it would stop multiple times each day. A schedule would be issued letting riders know pickup times. Mr. Dawson asked if the combining of the two Downtown routes would double the time to go completely around the route. Mrs. Draper said with the buses running clockwise and counterclockwise, the drivers would let the passengers know which direction they were going, so they would not have to ride the full route. Mr. Reis asked if passengers would be able to go only two stops over. Mrs. Draper said that the buses would have scrolling signs to let riders know the direction they were going. He then asked if there would be opportunities for feedback. Mr. Shindledecker said public comments would be taken for two weeks after the public meeting. Mr. Penn asked where PAT was located and was told at the Beans and Rice building. On this note the presentation concluded. Page 3 of 8/July 20, 2021 b. Review of Legislative Changes Relating to Law Enforcement Interim Chief Jill Neice reviewed some code changes that would be affecting the Town's enforcement service to the community. She said traffic codes were changed in March and some criminal offenses repealed in July. Changes in the traffic code downgraded some primary offenses, for which a person could be stopped, to a secondary offense including: lights on license plates; defective equipment; lack of break lights; lack of exhaust system preventing high levels of noise; certain sun -shading and tinting films; and suspension of items in a vehicle. Summonses for a secondary offense can be issued only if the offender is stopped for another separate offense. She added that officers were not allowed to stop vehicles for an expired safety inspection sticker or registration sticker until the first day of the fourth month after the original expiration date. Measures repealed included: enhanced punishments for petit larceny for second and subsequent offenses; suspension of driver's licenses for non-payment of fines; and the habitual offender act. C. Proposed Changes to the Rental Inspection Program Mrs. Burcham said that a public hearing had been advertised for August 3rd to make changes to existing rental inspection districts. Letters would be sent out in the next several days to all vacant property owner seeking compliance with the registration requirement as of August 1 sc The rental inspection program identified areas of the Town where blight existed or was developing. Upon the ordinance's passage, the program will be initiated. Each rental unit in these areas would be visited. She introduced Ms. McKinney and Ms. Hodge to answer any questions that Council might have concerning the two rental inspection districts. Mr. East asked if the inspection schedule would be done methodically. Mrs. Burcham said it would depend on how quickly responses were received from property owners to do inspections. Time would be given to allow property owners to respond and schedule inspections. Ms. McKinney would be splitting her time between building inspection and code enforcement to assist with the two programs. Additional staff might be necessary in the future for Building Inspection and Code Enforcement. Mr. Dawson asked if the owner of a rental property was responsible for notifying the tenants. Mrs. Burcham responded they were, but the important point was to get permission to go in the unit at an appointed time. Currently the Town responds to complaints from tenants. Mr. East suggested having an inspection schedule that went several weeks ahead. Mr. Reis asked how rental units were identified. Ms. McKinney responded that the Water Dept. assisted in identifying those units. Mr. Reis then asked if there was a list of units. Mrs. Burcham responded that Ms. McKinney had been working on that for several months with the Utility Department. The Town as a whole could not be designated as a rental inspection district. A certification that blight was present is required and would be part of the ordinance adopted in August. Rental inspection districts could be reduced or enlarged in response to changing conditions. Mrs. McKinney said a "windshield survey" had found many streets leading into the Downtown with buildings in disrepair and blighted which required attention. Letters would shortly be sent out to identified properties with: registration materials; a list of what inspections would look for; inspection fees; and, the landlord's obligations for repairs. Mrs. Burcham said those properties Page 4 of 8/July 20, 2021 that passed inspection immediately would get certification that was good for four years. Others that required re -inspections would be scheduled for a follow-up visit. Mr. East said that an earlier concern with vacant buildings was with leaking roofs and asked if Main Street was included in the districts. Ms. McKinney said it was. Mrs. Burcham said the vacant building registration only required property owners to register their properties and pay an annual fee. It would not necessarily allow the Town to take corrective action which could be addressed by Ms. Hodge in her code enforcement role. Mr. East asked if some actions could be initiated just from the visual appearance of problems. Ms. Hodge responded that can be done. 11. Public Hearina for Aoorooriation of LGIP Funds to the General Fund and CDBG Funds Mrs. Burcham reported accounts were found where funds had been sitting idle for many years and a decision was made to close those accounts and attribute those funds back to the General Fund or the CDBG fund. A public hearing was required since the funds were being placed into the General Fund and the state code required any appropriation of funds greater than 1 % of the General Fund to have a public hearing. There was no intent to use the funds but to place them in the General Fund Fund Balance and to place the rest in a CDBG fund where they could only be used for community development activities. Mayor Collins then opened the public hearing at 7:18 p.m. There being no comments, he closed the public hearing at 7:18 p.m. a. Appropriation of LGIP Funds, Resolution 2021-36 Following the public hearing, Mr. East moved to adopt Resolution 2021-36, Resolution to Appropriate Funds into the General Fund Balance and the CDBG. The motion was seconded by Mr. Radcliffe and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye Michael P. Reis -Aye 12. Resolution Certifvina the Appropriation of Grant Funds. Resolution 2021-37 Mrs. Burcham said that the Council had previously appropriated the listed funds in grant accounts. The Dept. of Housing and Community Development has asked for an annual certification that the grant funds, (intended for the James Hardie Direct Injection Project) had in fact been appropriated. The resolution will be sent to the state to certify that those funds were still in those accounts. Mr. Reis moved to approve Resolution 2021-37 as written. His motion was seconded by Mr. Clontz and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye Michael P. Reis -Aye 13. Council Comments Mayor Collins then asked for comments from Council. Page 5 of 8/July 20, 2021 Mr. Penn asked why the Pulaski DMV office was still on an appointment basis, while other branches were back to normal operation. Mrs. Burcham said she would contact someone on the issue and get back to Council. Mr. Penn said he was also asked by citizens how to get natural gas service to their areas. Mrs. Burcham responded that the decision what areas were served was up to the provider. She asked for the location that had voiced regarding the concern. Mr. Penn also had received complaints on the weeds and grass in Kiwanis Park describing their condition as "out of hand". Mrs. Burcham said she had also seen the growth and that the issue was how wetlands were to be treated. Mr. Pedigo had talked with Mrs. Caudill about the area, which they were looking at. Mr. Penn then asked about trees hanging down in the Town right-of- way and asked whose responsibility it was to take care of them. Mrs. Burcham stated that if the tree was in the right-of-way it was the Town's responsibility; if it was on private property it was the owner's responsibility. She asked for the addresses of the locations involved. Mr. Penn noted that Monroe Avenue was particularly bad. Mrs. Burcham said the Town should tell citizens what their responsibilities were and take care of its own areas. Mr. Dawson asked if there was a way for citizens to learn where paving would be done or what the schedules were. Mrs. Burcham said a paving schedule was being put together and that she would see that it was posted. She added that the Town was looking at paving streets that were not VDOT eligible by using ARPA funds for streets in census zones designated as "distressed". However, she was waiting for the final regulations so as to not step beyond identified eligible activities. Mr. East mentioned previous discussion on the use of herbicides by certified personnel and asked if that was still an option and did the Town have anybody. Mrs. Burcham replied that in recent months the Town had hired a worker with the certification who performed work in that capacity. She asked if there were specific areas of concern to let her know so they could be placed on a list. Mr. Radcliffe asked if either a sign designating a congested zone be placed on or, consideration of a speed limit change could be applied, to Route 11. He noted there had been several accidents on that stretch of road and asked for consideration of a 45mph zone from the light at Morehead Lane and Route 11 to the light at the intersection of Route 11 and Memorial Drive. He said that Mr. Pedigo would look at placing a sign there and if he could look at the speed limit later that would be fine. Mr. Radcliffe also mentioned the trees on Dora Highway and the Dora Highway Park which he said were terrible and asked about hiring a contractor to cut them. In addition, Mr. Radcliffe asked that the grass ordinance be brought up at next month's Council meeting. He also complemented Interim Chief Neice for the speedy resolution of an issue on Dora Highway regarding persons congregating in a specific location. Mr. Clontz had no comment. Mr. Reis complemented Lt. Saul on assisting with an issue and also voiced support for slowing traffic down on Route 11. Mayor Collins said he had received many citizen compliments about Chief Neice and the police especially with regards to the bike patrols. He also mentioned speeding complaints on Henry Avenue to which Mrs. Burcham responded it was on her list. Page 6 of 8/July 20, 2021 14. Manager's Report Mrs. Burcham expressed her appreciation for the Council's remarks on the responsiveness of the staff. Using ARPA funds, the Town would be reinstating four positions not funded last fiscal year which were: a mechanic, a Community Resource Specialist (P.D.) and two laborer positions in General Properties. Activities in the Town were picking up with the Adaire Theater's use of the park for an event this evening and Friday's event sponsored by the Fine Arts Center. An offer had been received from a Downtown business to sponsor a band concert for which the details were still being worked out. Work on the Cruise -In was also in progress but it appeared that it might be later in the year due to working out details. Regarding certification of grant funds, Mrs. Burcham reported that the Town had been holding off appropriating the funding (which would require a public hearing) of $1.58 million for the Calfee School renovation because of anticipated receipt of more grants in the near future and the desire to appropriate the funds with a single resolution and public hearing. A meeting had been held earlier in the day preparing to get the grants moving by mid-November. Mrs. Burcham said the Town was still waiting for the final rules on the ARPA funding, which may be out by mid-August. Staff was in the process of finalizing a list of projects for the ARPA funds. She distributed to Council a list of water/sewer projects which met ARPA's criteria and also were in the Capital Improvement Plan. If Council had no objections, she intended to start the process of getting the $2.5 million allocated for purchase of equipment or procurement of contractors. She then briefly reviewed each of the proposed water/sewer projects. Potential issues for the next Council meeting included preliminary discussion of Council's thoughts on the Comprehensive Plan and an approved list of projects meeting the ARPA eligibility requirements, which would include proposed playground improvements. Regarding other activities, the Town will be issuing a contract for the design of the skatepark and an evaluation of the Rt. 99 field for a mountain biking facility Also anticipated was that concrete would be poured at the GCC site so there would be a pad in place for future improvements. Mr. Reis asked if the tank rehabilitation would include tanks slated for removal (Brookmont Project) to which Mrs. Burcham replied it would not. Mr. Reis asked about the timeline for removal of the Pleasant Hill Tank. Mrs. Burcham responded that the Town had been waiting for months to get final approval of the PER from the State Health Department and expressed concern at the length of time taken for that approval. Once the PER was approved, the Town would be ready to sign a contract to begin design and construction. A public hearing would be required to finalize the loan package which she suggested that the Town utilize the grant/loan package and use one-time funds to "shore up" the Town's systems. Mrs. Burcham noted that a firm had employed a space -based technique to pinpoint possible water leaks in the Town's system. The firm had recently returned with pictures and would be performing field tests to verify the results of the photographs. If these areas were located, they would be brought back to Council as potential repair projects to be added the list distributed earlier in the meeting. Mr. East asked about debt elimination using the ARPA funds. Mrs. Burcham responded that unfortunatrlywas not allowed. Mr. Reis suggested that ARPA funds could be used, as an example, for the water lines in Main Street. Town funds not used for those projects could be applied to paring down debt. Mrs. Burcham thought it would be possible to look at several years' Page 7 of 8/July 20, 2021 loss of revenue to which ARPA funds could be applied. Currently, staff was looking at how to best to calculate the lost revenue which could be calculated for each year over several years. Mr. Dawson thought that the ARPA funds would result in local monies not being spent, which could be applied to pay down debt or be spent on needs. Mrs. Burcham agreed noting that there was a specific approach that had to be used for the lost revenue calculation which was being done multiple times to obtain the maximum amount. The Town could go back to previous years to determine lost revenues for each year. The process involved strict accounting and documentation of each individual activity to be applied against one of the four major categories of the ARPA legislation. 15. Reminder of Future Council Meetings and Adjournment Mayor Collins reminded Council of its next meeting on August 3, 2021 with the Closed Session starting at 5:30 p.m. and the Public Session at 7:00 p.m. The Work Session was scheduled for August 17th with Closed Session starting at 5:00 p.m. and the Public Session at 6:30 p.m. There being no further business, Mr. Reis moved to adjourn. His motion was seconded by several members of Council and approved by unanimous voice vote at 7:58 p.m. ATTEST: LtZw --2, - - 4 David N. Quesenberry Clerk of Council Approved: W. Shannon Collins Mayor Page 8 of 8/July 20, 2021 1 LI