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HomeMy WebLinkAbout09-03-24 Town Council PacketAgenda Town Council Meeting Tuesday, September 3, 2024 6:30 p.m. Work Session Council Chambers 1. Meeting Called to Order (Mayor Collins) 2. Roll Call (Clerk of Council) 3. Economic Development Authority 4. Adjournment 7:00 p.m. Public Session Council Chambers 1. Meeting Called to Order (Mayor Collins) 2. Pledge of Allegiance (Councilman Reis) 3. Invocation (Councilman East) 4. Guests and Visitors (Mayor Collins) 5. Modification to Public Session (Mayor Collins) 6. Presentations (15 minutes) a. Rhythm by the Rails- John Ross b. GIS Update- Austin Painter 7. Resolution 2024-41 Appointment to the Pepper’s Ferry Regional Wastewater Treatment Authority 8. 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.) 9. Consent Agenda (Voting) a. Consideration of August 20, 2024 Town Council Meeting Minutes 10. Council Comments 11. Manager’s Report (Manager Day) a. Coffee with the Chief- Sept. 11th from 9-11am at Starbucks in Food City 12. Reminder of Future Council Meeting (Mayor Collins) a. September 17, 2024 Closed Session 6:00 p.m., Open Session 7:00 pm Closed Session Council Chambers 1. VA Code 2.2-3711 (A) 1 (1 item)- Personnel Matter a. Fire Department 2. VA Code 2.2-3711 (A) 3 (1 item)- Acquisition/Disposition of Real Property a. Hogans Dam Reasonable accommodation will be provided for persons with disabilities, if requested. 3. VA Code 2.2-3711 (A) 8 (1 item)- Consultation with Legal Counsel regarding Specific Legal Matters a. Collection System Agreement Open Session Council Chambers 1. Certification of Closed Session 2. Adjournment Work Session Documents 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, pertaining to leasing or disposing of facilities owned by the EDA. All other actions require a majority vote of the board when a quorum is in attendance which could be only three (3) affirmative votes. 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 June, 2024. _____________________________________ Chairman ATTEST: _____________________________________ Clerk 21 West Main Street Pulaski, VA 24301 (540) 980-7363 FACNRV.org Our Mission “Believing that art is important to the life of a community, our purpose is to foster an enjoyment, appreciation, and understanding of all forms of art, promote art education, and to encourage and support artists.” Food Vendors Bubba’s Barn Bootleg BBQ Cabo Fish Taco Countryman Jamaican Grill Driftwood Catering Iron Heart Winery Lizard Licks Snowballs The Snack Wagon Squeezeum and Shakeum Local Artisans Local Artisans Art Sale Free Arts and Crafts for Kids in the Gazebo Ian Gilliam & the FireKings GRAPe JAM ≅600 visitors The Jared Stout Band Follow Us Online Resolution 2024-41 RESOLUTION OF APPOINTMENT TO THE PEPPER'S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY WHEREAS, the Pepper's Ferry Regional Wastewater Treatment Authority (the Authority) is an entity formed pursuant to the Virginia Water and Waste Authorities Act, §§ 15.2-5100 et seq., of the Code of Virginia, consisting of the political subdivisions of the County of Montgomery, the County of Pulaski, the Town of Pulaski, the Town of Dublin and the City of Radford; and, WHEREAS, the powers of the Authority are exercised by a board consisting of eight (8) directors, residing in and appointed by the governing body of each member political subdivision; and WHEREAS, the governing bodies of each member jurisdiction are entitled to appoint one alternate for each director appointed by such jurisdiction, and the alternate's term shall be for the same period as the designated director for whom the alternate was appointed to serve; and WHEREAS, the governing body of the Town of Pulaski, VA wishes to appoint Austin Painter as an alternate member of the Board of Directors who may attend meetings of the Authority but who shall only act and vote in the absence of the director designated herein. NOW, THEREFORE, BE IT RESOLVED, that Austin Painter is hereby appointed to serve as an alternate member of the Authority Board of Directors to serve the remaining term, beginning on the 3rd day of September 2024 and expiring on the 31st day of December, 2025, and such alternate member shall be empowered to vote on behalf of the Town of Pulaski, VA in the absence of Mr. Jeffery S. Worrell. The alternate member appointed herein is directed to take the oath of office prescribed in § 49-1 of the Code of Virginia before entering upon the duties of the office. Adopted by the governing body of the Town of Pulaski, VA, on this 3rd day of September, 2024. Effective Date: This resolution shall become effective the date of its adoption. This measure was adopted upon the following vote: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- Mayor Collins- TOWN of PULASKI, VIRGINIA ______________________________ W. Shannon Collins Mayor ATTEST __________________________________ Olivia C. Hale Clerk of Council Town Council Meeting Minutes Tuesday, August 20, 2024 1. The Mayor called the meeting to order at 6:00 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- Absent Councilman Reis joined the meeting at 6:01 p.m. 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 (2 items) Personnel Matters i. Fire Department ii. Economic Development Authority b. VA Code 2.2-3711 (A) 3 (1 item) Acquisition/Disposition of Real Property i. Hogans Dam The motion was made by Councilman Clark and seconded by Councilman Dawson. 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- Abstained The following councilmembers and staff entered into Closed Session: Councilman Clark, Councilman Dawson, Councilman Radcliffe, Councilman Clontz, Councilman Reis, Mayor Collins, Town Manager, Todd Day, Town Attorney, Scot Farthing and Clerk of Council, Ms. Hale. Mr. East joined Closed Session at 6:04 p.m. Open Session 7:08 p.m. 3. Certification of Closed Session- The Mayor asked for a motion that only the following items were discussed in Closed Session: a. VA Code 2.2-3711 (A) 1 (2 items) Personnel Matters i. Fire Department ii. Economic Development Authority b. VA Code 2.2-3711 (A) 3 (1 item) Acquisition/Disposition of Real Property i. Hogans Dam The motion was made by Councilman Clark and seconded by Councilman Dawson. Gregory C. East- Aye James A. Radcliffe- Aye Mayor Collins- 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 The motion was made by Councilman Dawson and seconded by Councilman Clark to add Resolution 2024-40 to the agenda before the Public Comment section. Gregory C. East- Aye James A. Radcliffe- Aye Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 8. Presentations a. Filter Plant- Stevie Steele (CHA) Mr. Steele presented to Council work that has been completed at the filter treatment plant the past three years and the future plans that need to be done to continue operating the plant. Mr. Steele stated a consent order from the Virginia Department of Health issued in August 2021 requires upgrades to both the water distribution and water filtration plant. Mr. Steele gave a brief history starting in 2018 when DBP violations to the Brookmont started, continued through 2024 to when replacement water tanks at Veterans Hill will be completed and projected to 2026 to when new tanks will be online. Mr. Steele addressed Council with plans for improvement for the water filtration plant to include rehabilitation or new construction of the sediment basins, repair filter channels, address chemical facility needs, and replacing the existing generator along with various amounts of equipment. Mr. Steele reported projects for the capital improvement plan, the major one being the replacement of the main raw water transmission line. He stated the raw water system and capital improvement projects are estimated to be over 8.6 million dollars and the water filtration plant and capital projects are estimated at 16.2 million and the Town will be applying for grants and additional funding to cover costs. Manager Day stated Pulaski is in a critical level with the deterioration of the lines and the filter plant structure and these replacements are not an option they are needs for immediate attention. Councilman Reis asked what the timeframe was for rehabilitation to the lines and the plant. Mr. Steele stated a three to four-year time period if the timeline stays on course. Councilman Dawson asked if the funding would be phased out or if the Town would go after the total 25 million. Manager Day stated he plans to go after the complete 25 million. b. Lead Service Line Austin Painter, Engineering Project Manager reported a survey has been sent out in water bills to residents to completed to locate possible lead service lines that are in Town. c. Streetscapes Update Mr. Painter stated the streetscape rehabilitation project is for sidewalks, curbs, and gutters as well as installing bio beds, new lighting, and new trees on Main Street. Mr. Painter stated bids are out for construction and after reviewed a November start date is substantial in May and final in June. Since this project focus’ more on the sidewalk construction, the Town is requiring from the contractors that 28 parking spaces be available as well as access to all residencies and commercial buildings. 9. Resolution 2024-38 Appointing Jeremy Clark to the Town of Pulaski, Virginia Planning Commission The motion was made by Councilman East and seconded by Councilman Reis to adopt Resolution 2024-38. Gregory C. East- Aye James A. Radcliffe- Aye Mayor Collins- Aye Jeremy L. Clark- Abstained G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 10. Resolution 2024-39 Appointing Samuel J. Shumate, Town of Pulaski Chief of Police to the New River Valley Alcohol Safety Action Program The motion was made by Councilman Clark and seconded by Councilman Clontz to adopt Resolution 2024-39. Gregory C. East- Aye James A. Radcliffe- Aye Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 11. Filter Plant Funding Manager Day stated he would respectfully request for funding perception, a unanimous vote to proceed further with seeking funding for the water filtration project. He stated this is not obligating the Town to any debt service, not obligating the Town to a project and any bonds that the Town has to take out in the future will be revenue. The motion was made by Councilman Reis and seconded by Councilman Dawson to authorize Stevie Steele and CHA to proceed forward with seeking funds, grant funds to assist in the future water plant project. Gregory C. East- Aye James A. Radcliffe- Aye Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 12. Resolution 2024-40 Appointing Shannon H. Ainsley to the Home Consortium and the Regional Housing Trust Fund The motion was made by Councilman Reis and seconded by Councilman Radcliffe to adopt Resolution 2024-40. Gregory C. East- Aye James A. Radcliffe- Aye Mayor Collins- 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 August 6, 2024 Town Council Meeting Minutes The motion was made by Councilman Dawson and seconded by Councilman Clark to adopt the minutes. Gregory C. East- Aye James A. Radcliffe- Aye Mayor Collins- Aye Jeremy L. Clark- Aye G Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Abstained 15. Council Comments Councilman Radcliffe thanked the Town Staff for all their hard work and continued projects. Councilman Reis also thanked Town Staff and stated although it’ll be unpleasant, the water filter plant rehabilitation project is necessary and he looks forward to seeing the results. Mayor Collins stated there was a good crowd at the Cruise-In and it’s nice seeing the Town have new events for people to enjoy. He also thanked Town Staff for their work in these events. 16. Manager’s Report Manager Day had no new updates. 17. Reminder of Future Council Meeting a. September 3, 2024 Closed Session 6:00 p.m., Open Session 7:00 p.m. 18. With no further business, the Mayor adjourned the meeting at 7:58 p.m. General Info Memorandum To: Town Manger Day From: Capt. J.D. Saul rJP/ Date: 08/28/2024 Re: Focused Enforcement Update The memo is to provide an update in reference to the ongoing focused enforcement activities in town. I will provide this report once a week in order to provide you with the most current data and provide you with an overview of the actions taken on behalf of the Police Department. This report includes data from the period beg inning on 08/19 and concluding on 08/27. Incident numbers generated : 1,070 Business Checks Conducted: 385 Foot Patrols: 86 Reports Taken: 36 B&E's Reported : 0 Property Damage Reported: 0 Trespassing Calls : 15 Trespass Calls/Suspect Gone on Arrival: 8 Average Response Time on Trespassing Calls: 3.5 Minutes Trespassing Arrests: 4 Trespassing Notifications Issued: 22 Total Arrests: 11 September 2024 Town of Pulaski Event Calendar Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Labor Day Town Offices & Convenience Center Closed GFL Closed Pickup one-day delayed Market Place Train Station 4-7 pm EDA Meeting Council Chambers 6:30 pm Town Council Work Session Council Chambers 6:30 pm Town Council Meeting Council Chambers 7pm 8 9 10 11 12 13 14 Planning Commission Meeting Council Chambers 6pm Market Place Train Station 4-7pm Coffee with the Chief Food City Starbucks 9-11am 15 16 17 18 19 20 21 Market Place Train Station 4-7pm Town Council Meeting Council Chambers 7pm Water Cut-Off Day Cemetery Board Meeting Council Chambers 6pm Chrome in the Valley Cruise-In Jackson Park 11am-4pm 22 23 24 25 26 27 28 Market Place Train Station 4-7pm Harvest & Harmonies Jackson Park 4-8pm 29 30 ________________________________GFL Bulk Pick-Up_____________________________ September Pulaski Senior Center (540) 994-8627 2024 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Senior Center Closed Labor Day Sign-up Day 8:30a.m.- 5:00p.m. Bingo at the Center 11:00a.m./ Free Movie at 1:00p.m. Friendship Café 9:30am-12:30pm Games at 1:00p.m. Movie Day and Lunch 11:30a.m./$3.00 8 9 10 11 12 13 14 Bingo at the Center 11:00am/ Free Movie at 1:00p.m. Highland Ridge Craft 1:00PM/ FREE Ruritan Bingo and Lunch and TRIAD 11:00a.m./ Free Friendship Café 9:30am-12:30pm Games at 1:00p.m. Lucky Star Chinese Restaurant 10:30a.m./ $3.00 15 16 17 18 19 20 21 Rose’s in Galax and Applebee’s 10AM/ $5.00 Friendship Café 9:30am-12:30pm Games at 1:00p.m. Card Making at 12:00p.m. with Tammy Dowdy Friendship Café 9:30am-12:30pm Games at 1:00p.m. Library Craft at the Center 11AM/ Free 1:00pm Movie 22 23 24 25 26 27 28 Highland Ridge Bingo 11:00a.m./ Free Movie at 1:00p.m. Friendship Café 9:30am-12:30pm Games at 1:00p.m. Bingo at the Center 11:00a.m./ Free Movie at 1:00pm Friendship Café 9:30am-12:30pm Games at 1:00p.m. Breakfast at the Center 9:30a.m. $3.00 Movie at 12:30p.m. 29 30 Puzzle Competition 10:30a.m./ Free Movie at 1:00p.m. Highland Ridge Craft 1:00p.m./ Free Bereavement Group September 18th 3pm- 4pm **Please sign up for all events you plan on attending**