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HomeMy WebLinkAbout06-18-24 Town Council PacketAgenda Town Council Meeting Tuesday, June 18, 2024 Reasonable accommodation will be provided for persons with disabilities, if requested. 7:30 p.m. Public Session Council Chambers 1. Meeting Called to Order (Mayor Collins) 2. Roll Call (Clerk of Council) 3. Pledge of Allegiance (Councilman Reis) 4. Invocation (Councilman East) 5. Guests and Visitors (Mayor Collins) 6. Modification to Public Session 7. Virginia Outdoors Foundation Draper Mountain Trails Grant (Nate Repass) 8. Charter Amendments Effective July 1, 2024 (Manager Day) 9. Regional Commission Update (Manager Day) 10. EDA Bylaws Discussion (Voting) 11. July 5th Holiday (Voting) 12. Public Comment Period (The Town Council welcomes your input. You may address the Council by completing a speaker’s slip available at the door and giving it to the Clerk of Council prior to the meeting. At this time, you may address Council on items that are not on the agenda. The limit is three (3) minutes for each speaker.) 13. Consent Agenda (Voting) a. Consideration of June 4, 2024 Town Council Meeting Minutes 14. Council Comments 15. Manager’s Report (Manager Day) 16. Reminder of Future Council Meeting (Mayor Collins) a. July 2, 2024 Closed Session 5:30 p.m.; Open Session 7:00 pm Closed Session 1. VA Code 2.2-3711 (A) 29 (2 items) Award of a Public Contract Involving the Expenditure of Public Funds a. Reynold’s Performance b. RDL June 13, 2024 Nathan Repass Town of Pulaski P.O. Box660 Pulaski, Virginia 24301-0660 SENT ELECTRONICALLY Greetings, VIRGINIA OUTDOORS FOUNDATION The Virginia Outdoors Foundation (VOF) is pleased to award your proposal, Draper Mountain Trails, submitted to the Preservation Trust Fund Program, a grant award of $90,500.00. This project will permanently protect land for public use and enjoyment. A grant agreement will be sent for review and signature within the next thirty days. The two-year project period for the grant will begin on July 15, 2024, regardless of the status of the grant agreement. The VOF Board of Trustees recognizes the merit of access to open space for all citizens, and the funded project will result in this goal. VOF is glad to support the Town of Pulaski in the pursuit to make outdoor space more accessible for all. All the best, v~ 1)-vJ.,,_ f\J¾~ Emily White Grant Program Director Executive Office I 39 Garrett St. Ste. 200, Warrenton, VA 20186 Mailing Address I PO Box 85073, PMB 38979, Richmond, VA 23285-5073 I 844.863.9800 vof.org By–Laws of the Economic Development Authority of the Town of Pulaski, Virginia Article I. Purposes, Powers and Duties The Economic Development Authority of the Town of Pulaski, Virginia (hereinafter, the “Authority”) shall have the following express powers and duties: a. To enter into contracts; b. To purchase, acquire, or lease property, or sell or convey real property owned by the Authority; c. To issue Bonds, however, all new bonds must be approved by a Town Council Resolution, after a required public hearing held by the Authority; d. To distribute funds to pay employees, agents, real estate brokers, etc.; e. To appoint and create committees to assist as needed; and f. To accept contributions, grants and other financial assistance. However, before any debt or financial obligation is authorized, a recommendation must be made to the Council for the Town of Pulaski for consideration and approval. Further, the Authority shall fulfill all of the purposes and intents of the General Assembly of Virginia, as expressed in Chapter 49, Subtitle IV of Title 15.2 of the Code of Virginia, 1950, as amended, and by any other enactment that may hereafter be adopted by the General Assembly. Said Authority shall also fulfill all purposes and intents of the Council for the Town of Pulaski, Virginia, as may hereafter be provided; and the general purpose of the Authority shall be to promote industry and develop opportunities for business and trade in the area within its jurisdiction for the general good of the people of the Town of Pulaski and of the Commonwealth of Virginia. The Authority shall have any and all powers that have been granted to it by the Acts of Assembly of Virginia, as aforesaid, and the powers that may hereafter be granted to it by any enactment of the General Assembly and, also, those powers that may be granted to it by any delegation of authority hereafter granted by the Council for the Town of Pulaski, Virginia. Article II. Limitation of Powers The Authority shall not have the power: a. To operate a facility or a business (other than as a lessor only); and b. To hold the Town of Pulaski or any individual representative or Director responsible for actions taken by the EDA. Article III. Board of Directors Initially seven (7) directors shall be appointed by the Town Council of the Town of Pulaski for terms of one, two, three and four years; three being appointed for one-year terms; two being appointed for two-year terms; two being appointed for three-year terms and one being appointed for a four-year term. At the end of the first year following the adoption of these By-laws by the Town, the number of directors shall be seven (7) until changed by recommendation of the Town Council, with only two of the three one (1) year appointments being filled at that time. All subsequent appointments shall be for terms of four years, except appointments to fill vacancies which shall be for the unexpired terms. Each Director shall, upon appointment or reappointment, before entering upon his/her duties, take and subscribe the oath prescribed by §49-1 of the Code of Virginia. Article IV. Board of Director Qualifications Any person who is qualified to vote in the Town of Pulaski, Virginia (“Town”) at the time of his/her appointment, and thereafter resides in the Town, or who owns real property and operates a business in the Town and is qualified to vote in Pulaski County, Virginia at the time of his/her appointment, shall be eligible to serve as a member of the Board of Directors for the Economic Development Authority. Article V. Organization The Directors shall elect from their membership a chairman, a vice-chairman, and from their membership or not, as they desire, a secretary and a treasurer, or a secretary-treasurer, who shall continue to hold such office until their respective successors are elected. The officers shall hold their office for the term of one (1) year and until their successor has been elected or chosen and assumed office. a. The Chairman or, in his/her absence, the Vice-Chairman shall preside over all meetings of the Authority. In the absence of both, a temporary presiding officer shall be elected from among the members present. b. The Secretary shall keep detailed minutes of all proceedings and shall keep a record of all correspondence and business transactions of the Authority. The Secretary shall send notices of meetings by mail or as otherwise required to members of the Authority. The Secretary shall keep roll of the members and shall perform all other duties usually appertaining to the office of Secretary. c. The Treasurer shall be responsible for the keeping of suitable records of financial transactions of the Authority, which such records shall be audited annually and a copy sent to the Town Council and Town Manager of the Town of Pulaski. The Treasurer shall perform all duties incident to the office of the Treasurer and such other duties as from time to time may be assigned by the Authority. All checks drawn on deposits of the Authority shall bear the signature of the Treasurer of the Town of Pulaski, Treasurer of the Authority, and the signature of the Chairman or Vice-Chairman. All contracts, bonds, notes, deeds, conveyances, and formal documents shall be signed on behalf of the Authority by the Chairman, or in his/her absence by a Director designated by resolution of the Board of Directors. Article VI. Vacancies If at the end of any term of office of any Director a successor thereto has not been appointed, then the Director whose term of office has expired shall continue to hold office until his/her successor is appointed and qualified. Article VII. Removal Members of the Board shall serve their designated term as previously stated. However, any member convicted of a felony shall there by forfeit his/her office upon conviction. Further, any Director may be removed from office by the Town Council without limitation in the event that the Director is absent from three (3) consecutive meetings of the Board, or is absent from any six (6) meetings of the Board within a twelve-month period. Additionally, if during his/her term a Member ceases to qualify for service under the criteria set forth hereinabove in Article IV, said Director’s seat on the Board shall be deemed vacant. In the case of removal or a vacancy, a new Director may be appointed by the Town Council to fill the remainder of that Director’s term. Article VIII. Meetings a. Open to public. All meetings shall be open to the public, and any citizen may have access to the minutes and records thereof at a reasonable time; however, by majority vote of the members, the Board may convene an executive session to consider matters of appropriate subject matter as provided by the Code of Virginia. b. Annual meeting. The Authority shall be required to have an annual meeting by all members held in January. The Secretary shall be responsible for contacting all members and arranging a suitable date, time and location. c. Regular meetings. The Board shall meet the first Tuesday of every month at 10:00 am. Meetings shall be held in the Council Chambers for the Town of Pulaski, if the Chairman or the Vice-Chairman in his/her absence or incapacity shall determine, after consultation with the Secretary, that there are no matters pending requiring action by the Board of Directors at any scheduled regular meeting, the Chairman or Vice-Chairman in his/her absence or incapacity may cancel any such regular meeting. d. Special meetings. Special Meetings of the Authority may be called at any time by the Chairman or, in his absence, by the Vice-Chairman by written request of a majority of the members of the Board of Directors. Written notice stating the place, date, hour, and purpose of the special meeting shall be given not less than five days, nor more than twenty days before the date of the meeting, either personally delivered or by mail, to each Director. This notice may be waived by the Directors. e. Quorum. Four (4) members of the Board shall be considered a quorum for the purpose of conducting business and exercising the powers granted to the Board of Directors. f. Voting. All members appointed to the Board of Directors pursuant to statutory authority are entitled to one (1) vote, and a minimum of four (4) affirmative votes must be present to carry any measure. g. Minutes. Once approved by the Board, all minutes of meetings of the Board of Directors shall be signed by the Secretary and the presiding officer of the particular meeting. Article IX. Records The Board shall keep detailed minutes of its proceedings, which shall be open to public inspection at all times. The Board shall keep suitable records of its financial transactions and, unless exempted by §30-140 of the Code of Virginia (1950, as amended), the Authority shall arrange to have the records audited annually. Article X. Management of Funds The Town of Pulaski shall handle all deposits and disbursements for the Authority, keeping funds in an account separate from the Town of Pulaski and specifically designated for the Authority. The Authority will manage the accounts and authorize disbursements of funds up to $1,500.00. For all disbursements over $1,500.00, a recommendation shall be made to Town Council for consideration, and written approval must be obtained from the Town Council before such funds are released. The Town Council shall have the authority to impose conditions and safeguards to protect the Town of Pulaski as the Council deems necessary. Article XI. Compensation The Directors shall receive no salary but may be compensated such amount per regular, special, or committee meeting or per each official representation as may be approved by the Council for the Town of Pulaski, not to exceed $50.00 per meeting or official representation. The Directors may also be reimbursed for necessary traveling and other expenses incurred in the performance of their duties upon proper documentation and approval by the Town Manager and Treasurer for the Town. Article XII. Modifications and Amendments The regulations, restrictions and boundaries established in these By-laws may, from time to time, be amended, supplemented, changed, modified or repealed by a favorable majority of vote of the Town Council and the Industrial Development and Revenue Bond Act (§15.2-4900, et seq., Code of Virginia of 1950, as amended). Adopted and Approved, as AMENDED, this the _____ day of April, 2024. _____________________________________ Chairman ATTEST: _____________________________________ Clerk Town Council Meeting Minutes Tuesday, June 4, 2024 1. The Mayor called the meeting to order at 6:30 p.m. and asked for a roll call. Gregory C. East- Absent James A. Radcliffe- Aye Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 2. The Mayor asked for a motion to go into Closed Session to discuss the following items: a. VA Code 2.2-3711 (A) 1 Personnel Matters i. Police Department b. VA Code 2.2-3711 (A) 7 Consultation with Legal Counsel Pertaining to Actual or Probable Litigation i. GFL The motion was made by Councilman Clark and seconded by Councilman Dawson. Gregory C. East- Absent James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye Councilman East joined Closed Session at 6:31 p.m. The following councilmembers and staff entered in to Closed Session: Councilman East, Councilman Clark, Councilman Dawson, Councilman Radcliffe, Councilman Clontz, Councilman Reis, Mayor Collins, Town Manager, Mr. Day, Town Attorney, Mr. Farthing, and Clerk of Council, Ms. Hale. Open Session 7:10 p.m. 3. Certification of Closed Session- The Mayor asked for a motion to certify that only the following items were discussed in Closed Session: a. VA Code 2.2-3711 (A) 1 Personnel Matters i. Police Department b. VA Code 2.2-3711 (A) 7 Consultation with Legal Counsel Pertaining to Actual or Probable Litigation i. GFL The motion was made by Councilman Clark and seconded by Councilman Reis. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis-Aye 4. Councilman Clontz lead the audience in the Pledge of Allegiance. 5. Councilman East gave the invocation. 6. The Mayor welcomed all in attendance and viewing online. 7. Modification to Public Session- No modifications were made. 8. Resolution 2024-26 Adopting a Budget Establishing Appropriations for the Town of Pulaski, Virginia for Fiscal Year Beginning July 1, 2024 and Ending June 30, 2025 Manager Day reported the General Fund, Water Fund, and Sewer Fund revenues and expenditures are consistent for the budget for FY 24-25. The motion was made by Councilman Dawson and seconded by Councilman Clark to adopt Resolution 2024-26. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis-Aye 9. Resolution 2024-27 Adopting Water Rates for FY 2024-2025 Manager Day reported water rates will be increasing by 10%. Councilman Reis stated he would recommend morning from a three-tier system to a two-tiered system and he would like to see a resolution for FY 25-26 that would change the system. The motion was made by Councilman Reis and seconded by Councilman Clontz to adopt Resolution 2024-27. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis-Aye 10. Resolution 2024-28 Adopting Sewer Rates for FY 2024-2025 Manager Day reported sewer rates will be increasing by 6%. The motion was made by Councilman Clontz and seconded by Councilman Radcliffe to adopt Resolution 2024-28. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis-Aye 11. Resolution 2024-29 Adopting Changes to the Fee Schedule for FY 2024-2025 Manager Day reported an increase in fees for non-payment, returned checks, ACH, and e- checks. The motion was made by Councilman Dawson and seconded by Councilman Clark to adopt Resolution 2024-29. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis-Aye 12. Resolution 2024-30 Nominating Markie Saunders for Reappointment to the Board of Zoning Appeals The motion was made by Councilman Reis and seconded by Councilman East to adopt Resolution 2024-30. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis-Aye 13. Public Comment Period- No speakers were present. 14. Consent Agenda a. Consideration of May 21, 2024 Town Council Meeting Minutes The motion was made by Councilman East and seconded by Councilman Clark to adopt May 21, 2024 Town Council Meeting Minutes. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis-Aye 15. Council Comments Councilman East stated the Bike Park looks nice, and it’s a nice entrance coming into Town. Councilman Clark asked for more police presence on Newbern and MacGill Street for frequent speeding. Councilman Dawson thanked the Chamber of Commerce and Calfee Park for the leader’s dinner that was held to kickoff baseball season. Councilman Radcliffe stated he is excited to see the Splash Pad open. Councilman Reis stated the new passenger rail station would run though Christiansburg and Pulaski may have a station in the future. He also thanked Public Works for their work on continued storm cleanup and water main breaks. Mayor Collins reminded listeners of the Claytor Lake Festival on June 8th and Music and Merchants on June 22nd. He also thanked Public Works for their work on water main breaks. 16. Manager’s Report Manager Day gave an updated report on the ARS homes on Pierce Ave and Maple Street and an upcoming project on Jackson Avenue. He reported he had gotten a request from Habitat for Humanity for a property swop and if the Council would like to proceed with the request. He reported the Splash Pad ribbon cutting would be held on June 7th at noon, a cruise-in on June 15th in Jackson Park from 11 a.m.- 4 p.m. and the grand opening for Food City would be June 18th at 5 p.m. 17. Reminder of Future Council meeting a. June 18th; Closed Session 5:30 p.m. and Open Session 7:00 p.m. 18. With no further business, the Mayor adjourned the meeting at 7:35 p.m.