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HomeMy WebLinkAbout11-19-24 Town Council PacketAgenda Town Council Meeting Tuesday, November 19, 2024 5:30 p.m. Closed Session Council Chambers 1. Meeting Called to Order (Vice-Mayor Dawson) 2. Roll Call (Clerk of Council) 3. Modification to Closed Session 4. VA Code 2.2-3711(A) 1 (2 items)- Personnel Matters a. Appointments to EDA b. Appointments to Planning Commission 5. VA Code 2.2-3711 (A) 8 (2 items)- Consultation with Legal Counsel a. EDA Bylaws b. Fire Department 6. VA Code 2.2-3711 (A) (2 items)- Acquisition/Disposition of Real Property a. Hogans Dam b. MacGill Park 7:00 p.m. Public Session Council Chambers 1. Certification of Closed Session (Vice-Mayor Dawson) 2. Pledge of Allegiance (Councilman Radcliffe) 3. Invocation (Councilman East) 4. Guests and Visitors (Vice-Mayor Dawson) 5. Modification to Public Session (Vice-Mayor Dawson) 6. Public Hearing a. Amending Chapter 22 Article V of the Pulaski Town Code to Delete Section 22- 172, “Issue of permits” (Staff Report- Nate Repass) (Vice-Mayor Dawson reads Public Hearing Ad) b. Case Number 24-RZ-003 Special Exception for a Battery Storage Facility under the town’s Utility Services Major use (Staff Report- Summer Bork & Presentation- Brian Quinlan) (Vice- Mayor Dawson reads Public Hearing Ad) 7. Presentations a. Engineering Department Update (Austin Painter) 8. Discussion(s) a. Holiday Memo (Manager Day) (Voting) Reasonable accommodation will be provided for persons with disabilities, if requested. b. E&H Company (Manager Day) c. EDA Bylaws (Manager Day) (Voting) d. Hogans Dam (Manager Day) (voting) 9. Board Updates (Councilmembers) 10. Public Comment Period (please complete a speaker’s slip and give it to the Clerk of Council prior to the meeting.. The limit is three (3) minutes for each speaker.) 11. Consent Agenda (Voting) a. Consideration of October 15, 2024 Town Council Meeting Minutes (Voting) 12. Council Comments 13. Manager’s Report (Manager Day) 14. Reminder of Future Council Meeting (Vice-Mayor Dawson) a. December 3, 2024 Closed Session 6:00 p.m., Open Session 7:00 pm 15. Adjournment Public Hearing(s) Info Notice of Public Hearing The Town of Pulaski Town Council will hold a public hearing on Tuesday, November 19 at 7:00 PM in Council Chambers at 42 First St. NW • To amend Chapter 22 Article V of the Code of Ordinances for the Town of Pulaski, Virginia by deleting Section 22-172 entitled ‘Issue of permits’ from the code. All persons desiring to speak should appear at the stated time and place or submit comments in writing to the Clerk of Council by Friday, November 15th. For disabled individuals who may require special auxiliary aids or services, the Town will make reasonable accommodations upon request. Please contact the Clerk of Council (540) 994-8602 before the above meeting date to arrange these accommodations. For individuals with visual or hearing impairment, contact Virginia Relay at 711 for assistance in reaching the town. Created: 2023-04-05 13:00:14 [EST] (Supp. No. 8) Page 1 of 1 Sec. 22-172. Issue of permits. (a) No fee shall be charged for a permit to hold a yard sale. (b) All yard sales require a permit. (c) Permits shall be obtained from the building inspection office of the town and shall be conspicuously displayed at the location of the sale by person or persons conducting the authorized sale. (Ord. No. 99-4, Art. II, 4-6-1999) Voting on December 3rd Ordinance 2024-11 Amending Chapter 22 Article V of the Pulaski Town Code to Delete Section 22-172, “Issue of permits” WHEREAS, the Town has determined that it is no longer necessary or expedient to require that residents obtain a permit before holding a yard sale, NOW, THEREFORE, it be ORDAINED by the Town Council of the Town of Pulaski, sitting in regular session this __th day of [month] 2024, that Chapter 22 Article V of the Code of Ordinances, Town of Pulaski, Virginia is hereby amended by deleting Section 22-172, entitled “Issue of permits,” from the code. This ordinance shall become effective upon its adoption this __th day of [month] 2024 by the recorded vote of the Town Council of Pulaski, Virginia as follows: Gregory C. East - James A. Radcliffe - Jeremy L. Clark - G. Tyler Clontz - Brooks R. Dawson - Michael P. Reis - TOWN OF PULASKI, VIRGINIA ____________________________ W. Shannon Collins Mayor ATTEST ________________________ Olivia C. Hale Clerk of Council Notice of Public Hearing The Town of Pulaski Town Council will hold a public hearing on November 19, 2024, at 7:00 PM in Council Chambers at 42 First St. NW to discuss: • a Special Exception submitted by Peak Creek Energy Storage Center LLC for an electrical energy battery storage facility located on Monte Vista Dr. Ext [073-1-14] under section 4.11.2-2, Special Expectations within a Light Industrial Zoning District (I-1). A copy of the proposed actions is available for public review in the Planning and Zoning Office at the Town of Pulaski Municipal Building, 42 1st St. NW, during normal business hours. All persons desiring to address the Town Council should appear at the stated time and place. Comments may be submitted in writing to the Town Planner, PO Box 660 Pulaski, VA 24301, by November 18, 2024. The town will make reasonable accommodations upon request for disabled persons requiring special auxiliary aids or services. Please contact the Clerk of Council (540) 994-8602 before the above meeting date to arrange these accommodations. For individuals with visual or hearing impairment, contact Virginia Relay at 711 for assistance reaching the town. STAFF REPORT DEPARTMENT CONTACT: Summer Bork, Town Planner 42 First Street, N.W./P.O. Box 660, Pulaski, VA 24301 (540) 994-8624 CASE NUMBER: 24-RZ-003 APPLICANT/PROPERTY OWNER: Calvert Energy LLC PUBLIC HEARING DATE: November 19, 2024 PROPERTY ADDRESS/LOCATION: (Unaddressed) parcel number 73-1-14 off Monte Vista Dr. extension SPECIFIC ACTION: • Special Exception for a Battery Storage facility under the town’s Utility Services Major use. SIZE OF PROPERTY: 11.5 Acres EXISTING ZONING: I-1, Light Industrial EXISTING LAND USE: Open Space RELATED ORDINANCE: Utility Services, Major - Services of a regional nature, which generally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, water towers and tanks, community wastewater treatment plants, and similar facilities. This definition also includes electric, gas, and other utility transmission lines of a regional nature that are not otherwise reviewed and approved by the Virginia State Corporation Commission. CASE OVERVIEW: Calver Energy proposes to develop a >20MW battery storage facility. The proposed site is previously undeveloped. It is located along the railroad tracks on the eastern edge of town. Access to the property is restricted by a gate controlled by Appalachian Power Company. The property is 11.5 acres. Per the site plan (see application), a wooded buffer and fence will be part of the development process. This property is adjacent to a property Appalachian Power Company owns and operates, and the company intends to use the APCO grid to acquire the energy. Spenser Rygas (the town's attorney) determined last year that the town’s definition of Utility Services, Major was sufficiently broad to allow energy storage and production if the town’s public bodies were amenable. The town’s comprehensive plan does not specify any direct goals for promoting green or alternative energy. Pulaski County has such goals, and the town can demonstrate its willingness to partner with the county to achieve these if it chooses. Battery storage is designed to store excess energy when the power grid produces surplus and allows communities and power providers to retain this energy and use it when needed later. This means that the likelihood of being affected by power service disruptions diminishes and gives residents better access to electricity. The State of Virginia recently updated its regulations regarding power generation, so these types of facilities are needed to establish regulatory compliance. The applicants are hopeful to partner with Appalachian Power Company to meet these requirements. However, these industries can negatively affect communities if improperly established, structured, and monitored. These consequences should be duly considered, and appropriate safeguards should be established as part of the consideration of this application. CONSIDERATIONS: Public and Property Safety Concerns Calvert’s business model involves unsupervised battery storage units that resemble shipping containers on concrete slabs. Staff is concerned that the units will pose a convenient target for trespassing breaking without proper containment and surveillance. The fence will be expected to protect the business interests and public safety. Viewshed Another common consideration for large-scale energy storage is vegetative buffers and adequate setbacks. These are usually to protect neighboring property owners from unsightly neighbors. This property's location is not near significant thoroughfares nor directly adjacent to residential or commercial properties, so the staff believes it presents minimal visual nuisance. Per Calvert’s site plan, they intend to maintain a tree buffer around most of the property's perimeter. Safety Concerns The battery materials used in these facilities are mostly stable, and precautions are taken to ensure that issues are detected and remedied. However, the materials that make up these units still have the potential to be volatile and combustible. Decommissioning The long-term impacts on a town can be costly if the discontinuation of such properties is not correctly managed and specified on the front end. To protect the town’s economy, it is critical to obtain a Decommissioning Plan. This document outlines the business's responsibilities when they no longer use the property for energy production and storage. The plan should include the following: 1. The Anticipated life expectancy of the project. 2. The estimated decommissioning cost is in current dollars of total amounts. 3. The methodology for determining such an estimate. 4. The method of ensuring that funds will be available for decommissioning and restoration. 5. The detailed method for keeping the decommissioning cost current will be reviewed every two years and updated as needed. 6. The detailed manner in which the project will be decommissioned and the site restored to its original state/condition. 7. Time frame for decommissioning abandoned or discontinued facilities and procedural requirements for notifying the town. 8. A professional engineer shall seal the decommissioning plan, cost estimates, and all updates to those plans and estimates. A periodic review/update to this plan should be required to ensure that cost estimates are consistent with current US dollar valuations. The review period is recommended every 2-5 years. Without such a plan or regular update, the town may assume part or all costs for decommissioning the installation, which could significantly burden the town. Another recommendation is to draw up bonding documents and stipulations if the facility changes ownership and ensures development completion. These documents will protect the town, allow them to remove the facility, and enable them to charge the business for the cost of land restoration if the company fails to adhere to its decommissioning plan. Recommendation for Additional Information/Conditions Additional Information • Staff recommends that the applicant obtain a desktop environmental review and possibly an environmental impact study for the project from a third party at the applicant’s expense before CO issuance and during decommissioning. • Staff recommends that Calvert submit a draft of a decommissioning plan, which includes the eight criteria mentioned above. Public bodies should review and consider this as part of their decision-making process. • Staff Recommends a Safety Management Plan to ensure that the business and Emergency management and services are prepared for emergencies and equipped to handle any issues on the site. DISCLOSURE: The applications shall be evaluated on compatibility with the Comprehensive Plan and official Town policies, including the purposes and development requirements of the Zoning Ordinance. The Planning Commission is to recommend to the Town Council upon review of the submitted application materials. If found that rezoning is consistent with the intent of this Ordinance and the Comprehensive Plan, they are in the public interest. They will comply with all other provisions of law and ordinances of the Town of Pulaski. The Planning Commission may recommend any conditions necessary to ensure that the proposal meets the criteria established by the Zoning Ordinance. Project Area Zoning Map Project Area Site Map RR B-2 I-1 B-2 I-1 I-1 PC Recommendation PZO-24-SE-3 Town of Pulaski Planning Commission A Special Exception WHEREAS, the Town of Pulaski Planning Commission has considered the special exception application submitted by Peak Creek Energy Storage Center LLC for a Special Exception on Monte Vista Dr. Ext, parcel number 073-1-14, to develop an electrical energy battery storage facility within a Light Industrial District under the use provisions for Utilities Services Major. Following a duly advertised public hearing, the Planning Commission found that the public necessity, convenience, general welfare, and good zoning practice requirements necessary to approve the special exception are met, with the following conditions: •Required perimeter fencing for operation of 6 ft. Minimum height. •A Hazard Mitigation Plan includes fire safety, disaster recovery, EMS Cooperative Plans, and staff training requirements for first responders. •A Decommissioning Plan that includes written notice to town staff of such work being commenced, a work timeline, vegetation restoration plan, removal of surface project facilities and appurtenances installed or constructed, and filling and compacting of any trenches, borings, or excavations in conjunction with the project. Removal of debris and a Phase 2 environmental site assessment report detailing compliance with any needed site remediation. •Compliance with relevant state, local, and federal agencies as applicable. •The Building Permit Application must be submitted within 5 years, or the Special Exception approval will become null and void. •Peak Creek Energy Storage Center LLC shall designate a project liaison who shall be available by phone or email to address town staff’s inquiries about the facility or property within 24 hrs. of receipt. •Project shall have security bonding •BEESS management system will be required •The Town of Pulaski staff reserves the right to inspect the site at any reasonable time with or without advance notice, so long as notice is provided to the applicant simultaneously with entry to the site. •The battery storage containers shall be spaced per NFPA 855 “Standard for the Installation of Energy Storage Systems” or the system’s manufacturer's specifications, whichever is greater. •Violations of any condition of this permit shall be grounds for revocation. Permit holders may appeal such revocation with the BZA as outlined in the Town’s Zoning Ordinance. LET IT BE that the Town of Pulaski Planning Commission recommends that the Pulaski Town Council Approve this special exception. Dated this the 21st of October, 2024. Kevin Meyer, Town of Pulaski Planning Commission The above recommendation was adopted on the motion by Mr. Taylor, seconded by Mr. Schrantz at the meeting of the Planning Commission following a duly advertised public hearing on the above request on October 21, 2024. Upon a roll call vote on the preceding recommendation, the Planning Commission members present have deliberated and, voting or abstaining, stood as indicated opposite their names as follows: Members Ayes Nays Abstains Absent Rachel Arthur X Jeremy Clark X Terry Hale X AJ Schrantz X Van Taylor X Kevin Meyer X ___________________________________ _______________________________ Kevin Meyer, Chair Summer Bork, Secretary Property Information Request for Special Exception Both the applicant/agent and property owner must sign the application. Applicants are to complete the required Planning Commission process before beginning any construction, remodeling, demolition or other significant activities permitted under the Town’s Zoning Regulations. I/We affirm and certify that I/we understand and will comply with the provisions and regulations of the Town of Pulaski Zoning Ordinance. I/we further certify that the statements in this application and any plans or papers submitted are true to the best of my/our knowledge and belief. _____________________________________ ____________________________________ ____________________________Signature of Property Owner Printed Name of Property Owner Date _____________________________________ ____________________________________ ____________________________Signature of Applicant/Agent Printed Name of Applicant/Agent Date Town of Pulaski 42 1st Street, NW Pulaski VA 24301 Phone: 540-994-8624 Fax: 540-994-8699 Date of Application: _______ Property Owner(s) Name Owner's Mailing Address Property Address/Location Current Use of Property Description of Existing Buildings/Structures SPECIAL EXCEPTION APPLICATION Property Owner Information Agent or Applicant Information Agent or Applicant Name Mailing Address City/State/ZIP Code Telephone Number Special Exception Requested (Please use space below and back of form if necessary) Payment of the application fee by the applicant provides payment for legal notices and associated notifications to adjacent property owners. Required legal notices will be published in local newspapers by the Town of Pulaski. Adjacent property owners will be notified via certified letter sent by the Town of Pulaski. City/State/ZIP Code Telephone Number Business Name (if applicable) Deed Book Number Page Number Tax Parcel Number Total Area Square FeetAcres Required Attachments Two (2) copies of a site plan, which includes the following: 1.Outlined property boundaries and lot dimensions2.Locations and dimensions of existing and proposed structures3.Uses of existing and proposed structures4.Dimensions of front, back, and side yards5.Locations and dimensions of easements (public and private)6.Water courses7.Fences8.Names, locations, and dimensions of streets and street rights-of-way9.Existing and proposed driveways10.Parking areas with locations and dimensions of parking spaces11.Any additional information related to the property or abuttingproperties directly affecting the application, as determined by theZoning Administrator Owner and Agent Signatures Current Zoning Classification $650.00 fee C / E C / E C / E C / E C / E C / E C / E C / E C / E C / E C / E C / E C / E C / E C / E C / E C / E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E C/E 1"=500' 0 500125250500 1"=50' 0 5012.52550 Brian Quinlan, Calvert Energy, President/CEO Myles Burnsed, EDFR, VP of Strategic Developments Daniel Ryan, EDFR, Director Peak Creek Energy Storage Center LLCSpecial Exception ZPO-24-SE-3Monte Vista Road Ext. Battery Storage Facility 1.Introduction Calvert Energy and EDF Renewables 2.Project Overview 3.Special Exception Considerations 4.Special Exception Conclusion/Condition Request 5.Supplemental Information Agenda Introduction Calvert Energy & EDF Renewables Experienced Partner ➢Over 38 years of project development, power plant operations and finance experience ➢Extensive solar power experience ➢Developed, managed and financed over 45 MWdc of solar PV projects ($68 million financing) ➢Currently actively developing 34 MWdc of solar projects with financing commitments of over $50 million in MD and IL ➢Multiple 15-50 MW battery storage developments VA ➢22.5 MW/90 MWh project Williamsburg, VA (Special Use Permit approved) ➢31.5/126 MWh project Newport News, VA ➢13 MW/42 MWh project Manassas, VA ➢Broad energy/electricity background enables insight into market needs and challenges ➢Power plant operations – US Navy nuclear power ➢Solar, gas turbine, hydro, coal and nuclear plant development ➢Electricity wholesale markets ➢Transmission & distribution construction ➢Participated in over $350 million of energy transactions ➢Veteran owned, small business Overview …with the capabilities, financial strength and global footprint to help you secure your energy future. EDF Renewables North America is a project developer, owner, and operator with end-to-end solutions for every market… As developer, owner and operator of one of the largest renewable energy portfolios and second largest project pipeline on the continent, EDF Renewables is active in every market across North America. Grid-Scale Power Distribution-Scale Power Onsite Solutions Asset Optimization EDF Renewables North America 18 GWdeveloped 14.6 GW service contracts 42 GW pipeline 35+years experience 1,800+employees With our history of innovation, and deep experience developing and operating renewable energy assets, we bring a full-suite of solutions for grid-scale, distribution-scale, asset optimization and onsite energy. Our outstanding capabilities allow us to utilize our in-house experts, providing maximal efficiency and end-to-end oversight of any size of energy project. as of 12/31/23 Capabilities & Global Footprint WE ARE EVERYTHING ENERGY EDF Renewables North America is a subsidiary of EDF Renouvelables, the dedicated renewable energy affiliate of the EDF Group. EDF Group A global leader in the generation of carbon-free electricity. Builder, owner, and operator of distribution and transmission lines, gen-ties, and all associated infrastructure and delivery systems. Operator of a global network of customers, clients, and partners across every conceivable industry. A key international player in the energy transition. Owned / Installed Capacity: 21.1 GW gross Capacity by Technology EDF Renouvelables Global Capacity 0.4 GW Storage 10.5 GWOnshore Wind 8.6 GWSolar 1.6 GW 6.6 GW 5.9 GW 2.6 GW 1.6 GWOffshore Wind 4.4 GW BATTERY STORAGE With 5,500 MW / 21,600 MWh of storage energy in various stages of development, we have the expertise to add value, cost control and energy security for our partners Innovation Drive California 280kW / 538kWh McHenryIllinois20 MW San Diego ZooCalifornia 1 MW / 4 MWh 7 Project Overview ➢Installation of a 20 MW/80MWh battery energy storage system ➢Facility will interconnect directly to distribution lines from AEP substation adjacent to the site ➢Battery will charge and discharge as necessary from the electrical grid to provide energy, capacity, voltage support and frequency response to the local distribution/transmission system ➢Facility is operated remotely with no personnel or buildings on site Site & Surrounding Area Aerial Site Site AEP substation Site plan Battery storage units 29’ long X 6’ wide X 9’ tall Battery Storage Facility Examples Special Exception Considerations ➢The character of the existing neighborhood and the compatibility of the proposed use on adjacent and nearby properties ➢Location ➢Site and surrounding properties are zone Industrial 1 with Business 2 to the northwest (across rail line) and Rural Residential zoning (County) to the east ➢Comprehensive Plan for site and surrounding area –Industrial & Commercial ➢Design ➢Existing trees maintained with 100’ setback to batteries and elevation change eliminates any visual or noise impact ➢Sound from facility < 55 dBA at parcel boundary (e.g., sound level of normal conversation) ➢Intermittent noise from air conditioning system operation ➢Passive system – no mechanical movement or combustion ➢No smell ➢No lighting installed on site ➢Construction ➢Battery containers shipped assembled ➢7-9 month site construction period – civil working/grading on site ➢Methods/Hours of Operation ➢24 X 7 operations ➢Unmanned facility – operated/controlled remotely ➢Quarterly maintenance visits (1-2 pickup trucks) Site & Surrounding Area zoning Site Site & Surrounding Area Land Use Site ➢The effect of the proposed use on existing and projected traffic volumes in the neighborhood ➢Access to site is on Monte Vista Road Extended which has no thru access – dead ends at site ➢Construction ➢Daily 2-3 pickup trucks during daylight (working) hours ➢Site development equipment delivered to site and remains on site during site development work and removed upon completion ➢Delivered by semi-trailer with low-boys or other similar large equipment transport vehicles ➢Semi-trailer truck will make deliveries of the battery containers, batteries, and inverters approximately 6-8 times during 7-9 month construction period ➢Operation ➢No daily traffic – quarterly site visits by 1-2 pickup trucks ➢The current and future need for the proposed use in the Town ➢Battery storage facility provides grid stability and reliability for the Town and AEP as well as local manufacturers and businesses and schools ➢Promotes growth of renewable energy resources in AEP’s service territory ➢AEP required to install 400 MW of battery storage by 2035 to improve grid stability, increase generation capacity and stabilize prices ➢15 MW battery storage projects under development – RFP issued for additional capacity ➢Provides sustainable, clean power and capacity to the PJM grid ➢Latest PJM capacity auction prices increased by 10X ➢The effect of the proposed use on neighborhood property values ➢No impact on surrounding property values ➢Facility has no lights, no smell, no emissions, no increase in noise off-site, no increase in traffic and no decrease to public safety ➢Tree line buffer on north, south and west sides of property with existing large AEP substation buffering to east ➢Elevation change prevents view of battery storage units from east ➢100’ setback to property line from battery storage units to ensure no visual or sound impact ➢Majority of area is zoned for industrial uses with other business use across rail line ➢County zoning rural residential to the east – currently vacant property ➢Batteries are comprised of non-toxic chemistry with extremely low incident rates (further details in Supplemental Information section) ➢The relationship of the proposed use to the Town Comprehensive Plan ➢Comprehensive Plan for site and surrounding area –Industrial & Commercial ➢Battery facility compatible with comprehensive plan of industrial use on property 15’ elevation change – existing 33’ elevation change – after grading Special Exception Conclusion/Condition request ➢Facility/use meets all requirements for Special Exception ➢Use is compatible with existing neighborhood and adjacent and nearby properties ➢Use has minimal short-term and no long-term effect on existing and projected traffic volumes in the neighborhood ➢Use supports the current and future electrical needs of the Town ➢Use does not effect property values in the neighborhood ➢Use is compatible with the Town Comprehensive Plan ➢Request approval of the Special Exception Permit with 4-year period to put Special Exception Permit into effect Supplemental Information •Lithium-ion batteries are the most common battery used in everyday life in cell phones, computers, cars, home back-up power, gaming controllers, etc. •Extremely low probabilities of failure •2023 Tesla reported lithium-ion batteries less than .000005% battery cell incident rate •Lithium iron phosphate battery chemistry for use in this project •Non-toxic chemistry includes: •Lithium, iron and phosphate cathode material •Graphite anode material •Lithium phosphate salt electrolyte •Most stable lithium-ion battery chemistry •Resistant to puncture and short circuit •Withstands extremely high temperatures – reduces potential for thermal runaway •Site enclosed by chain link fence with locked entrance •Enclosure designed to code IP66 high level of protection against particle and water ingress for components internal to the enclosure •Battery materials contained in three layers (cell, module and enclosure) •Cells in the batteries are composed mainly of lithium iron oxides absorbed in electrodes with minimal fluid •Lithium phosphate salt not soluble in water (disassociates) •Other materials in battery are stable and non-toxic Public Safety (1 of 4) Public Safety (2 of 4) 24 Codes & Compliance Description UL 9540A Test Method for Evaluating Thermal Runaway Fire Propagation in Battery Energy Storage Systems UL 1642 Standard for Lithium batteries UL 1973 Standard for batteries used in Stationary, Vehicle Auxiliary Power and Light Electric Rail (LER) Applications NFPA 1 Fire Code: comprehensive, integrated approach to fire code regulation and hazard management NFPA 68/69 Prevention and control of explosions in enclosures that contain flammable concentrations of flammable gases, vapors, mists, dusts, or hybrid mixtures NFPA 855 Standard for the Installation of Stationary Energy Storage Systems IFC International Fire Code NEC 2017 National Electrical Code IEC 62619 Safety requirements for Lithium batteries used in industrial applications UN 3480 Rechargeable Lithium batteries not packed with or installed with equipment UN 38.3 United Nations environmental, mechanical, and electrical requirements for transport of all lithium cells and batteries Battery and enclosures meet or exceed all applicable industry standards, including National Fire Protection Agency (NFPA), International Fire Code (IFC), International Electrotechnical Commission (IEC), and Underwriters Laboratories (UL) •Layers of safety including design, monitoring and protection •Electrical fault detection protection features •Battery designed to respond in milliseconds •Remote shutdown terminals •Off-gas (hydrogen) detection and ignition system to prevent explosive concentrations •Off-gas alarm sent to remote operating center •Fire-proof insulation and enclosures designed to prevent propagation of fire •Live fire testing demonstrated no propagation between units spaced 2” apart •Physical separation exceeds industry standards prevents fire propagation to other battery units, equipment and vegetation •25’ spacing between containers and other equipment on site •100’ minimum spacing from battery to property line •25’ minimum fire break to any surrounding trees Public Safety (3 of 4) •Deflagration panels on roof of battery units serve as passive backup to open to relieve pressure buildup and direct gases upward •Gas production contained within enclosures •Release – directed upward through deflagration panels to disperse/dilute gases •Toxic gases produced in thermal runaway incident similar to those in plastic fire •Toxic gas concentrations expected to be less than OSHA limits at site boundary •Toxic gas levels measured at utility scale battery storage fire incidents have shown air quality remains safe •Monitoring by local Fire Department/Hazmat Officer at scene •Tesla Industrial Energy Emergency Response video (Industrial Energy Emergency Response Video | Tesla) Public Safety (4 of 4) •Construction jobs •Site Civil work/grading, road & pad construction & site preparation estimated contract value estimate $1-1.5 million •Local/regional civil contractor •Locally sourced fill and gravel/stone material •Construction workers use of local restaurants, stores and lodging •$175,000-225,000 estimated •Property taxes/Revenue share from property that has been vacant for years •Estimated $400,000-600,000 20-year value to Town •Development has no impact on roads, water, sewer or schools •Payment to landowner (at or above market rate for land) •Siting agreement Stormwater •Preliminary stormwater pond sized to manage drainage including berm/culvert directing water to stormwater pond •Retain existing heavy vegetation/trees and physical separation to utilize environmental stormwater design and disconnection to manage stormwater •Stormwater permit will be required prior to construction Economic Development Site pictures 28 Site pictures 29 Site pictures 30 •Batteries, electrical equipment, wiring and fencing removed from site •Recycled to the extent feasible •Lithium iron phosphate battery materials are highly recyclable •Disposed pursuant to regulatory requirements existing at the time of decommissioning Site Decommissioning Voting on December 3rd Ordinance 2024-12 Special Exception for Allowing a Battery Storage Facility in a Light Industrial District Under the Use of Utilities Services Major WHEREAS, the Town Council of the Town of Pulaski, Virginia, has considered the best interest of its citizens and determined, after a review of the Planning Commission’s recommendation and the requisite, that it is in the best interest of the community and consistent with the public necessity, convenience, general welfare, and good zoning practices, to approve a special exception request for Parcel 073-1-14, on Monte Vista Rd. Extension, with the following conditions: • Required perimeter fencing for operation of 6 ft. Minimum height. • A Hazard Mitigation Plan includes fire safety, disaster recovery, EMS Cooperative Plans, and staff training requirements for first responders. • A Decommissioning Plan that includes written notice to town staff of such work being commenced, a working timeline, vegetation restoration plan, removal of surface project facilities and appurtenances installed or constructed, and filling and compacting of any trenches, borings, or excavations in conjunction with the project. Removal of debris and a Phase 2 environmental site assessment report detailing compliance with any needed site remediation. • Compliance with relevant state, local, and federal agencies as applicable. • The Building Permit Application must be submitted within 5 years, or the Special Exception approval will become null and void. • Peak Creek Energy Storage Center LLC shall designate a project liaison who shall be available by phone or email within 24 hours of receipt to address town staff’s inquiries about the facility or property. • Project shall have security bonding • BEESS management system will be required • The Town of Pulaski staff reserves the right to inspect the site at any reasonable time with or without advance notice, so long as notice is provided to the applicant simultaneously with entry to the site. • The battery storage containers shall be spaced per NFPA 855 “Standard for the Installation of Energy Storage Systems” or the system’s manufacturer's specifications, whichever is greater. • Violations of any condition of this permit shall be grounds for revocation. Permit holders may appeal such revocation with the BZA as outlined in the Town’s Zoning Ordinance. THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 3rd day of December 2024, that Parcel 073-1-14 is hereby approved for a Special Exception for Peak Creek Storage Center LLC. The ordinance shall be effective immediately upon adoption on this 3rd of December 2024 by the duly recorded roll call vote of the Town Council of the Town of Pulaski, Virginia, as follows: Voting on December 3rd 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 Presentation(s) Information Engineering Projects November 2024: Water Projects Lead Service Line Program: • Definitions: o LEAP – Lead Elimination Assistance Program o DWSRF – Drinking Water State Revolving Loan Fund o LSL – Lead Service Line • Problem: o VDH has asked all localities to create a Lead Service Line Inventory Plan by October 16, 2024. • Scope of Work: o Inventory  Identify the materials of all potable water service lines to be submitted to VDH by October 16, 2024  Identification Methods: • Records Review • Visual Inspection • Sampling o Replacement  Develop a Lead Service Line Replacement Plan  Follow the current state guidelines on replacement (not yet established) • Project Team: o Engineer: CHA • Funding: o VDH – LEAP, DWSRF o Town of Pulaski o Funding Package:  Inventory: $250,000 • Grant: $95,000 • Loan: $155,000  Replacement: $500,000 • Grant: $190,000 • Loan: $310,000 • Current Stage of Project: o Preliminary LSL Inventory – CHA has sorted through all water and building documents housed at the Town and County, sent out surveys to acquire citizen entries, and have coordinated with the Town to pothole different areas within Town. On October 16th 2024, CHA submitted the preliminary LSL Inventory. They are currently working on notifying citizens on the results and continuing identifying all unknown lines. Filter Plant Backwash Tank: • Problem: o The current backwash tank is deteriorating and is in need of replacement. Repair is not option due to the severity of the current tank’s condition. • Scope of Work: o Replacement of backwash tank, connections, and update backwash pumps • Project Team: o Engineer: CHA • Funding: o VDH o Town of Pulaski (Match) o Funding Package:  Total: $1,745,000 • Grant: $1,308,750 • Loan: $436,250 • Current Stage of Project: o Design – CHA is conducting the full project design using the VDH funding. Brookmont (Water Distribution System Improvements) • Definitions: o VWSRF – Virginia Water Supply Revolving Fund • Problem: o A consent order was issued to decrease the water age within our system while elevating our pressure head. • Scope of Work: o Create a greater pressure head and decreasing water age while removing older tanks and pumps from service by conducting the following:  Construct a new Veteran’s Hill Tank  Construct a new Pump Station within the Filter Plant to supply the Veteran’s Hill Tank  Abandon the existing Veteran’s Hill, Needmore, and Pleasant Hill Tanks  Abandon the existing Veteran’s Hill, Needmore, Pleasant Hill, and Hospital Pump Stations • Project Team: o Engineer: CHA o Contractor: WGK • Funding: o VDH – VWSRF o Town of Pulaski o Funding Package:  Total: $3,277,500 • Grant: $591,191 • Loan: $2,686,309  Additional PRV Funds pending • Current Stage of Project: o Pedestal, Tank, and Filter Plant Pumps are complete. Awaiting PRV Project scope of work to utilize the new tank. PRV Project • Definitions: o PRV’s – Pressure Relief Valves • Problem: o The new water tank established from the Brookmont Project (previous page) will cause a partial system-wide pressure increase that could cause damage to the distribution system and/or private lines. • Scope of Work: o Design and install PRV’s to decrease the pressure across the newly established Veterans Hill Pressure Zone. • Project Team: o Engineer: CHA • Funding: o Design – Brookmont Project Contingency o Construction - VDH – Applied for funding 5/3/24. • Current Stage of Project: o Design – CHA is performing preliminary system mapping and design work while we await the construction funds. Filter Plant Improvement Project • Definitions: o PRV’s – Pressure Relief Valves • Problem: o The current condition of the Filter Plant is in desperate need of repairs and improvements to continue in producing effective water. The current system is antiquated, difficult to maintain, and in poor condition. • Scope of Work: o Design  Conduct asset condition assessments of the facility.  User needs and facility assessment to evaluate the best way to perform the responsibilities of a water plant. o Construction  Rehab the sediment basins to convert from the Pulsator to Traditional filtration.  Rehab the raw water lines and infrastructure between Peak Creek and Filter Plant.  Facility repairs.  Other system repairs determined from the facility assessment. • Project Team: o Funding assistance: CHA • Funding: o Seeking funding with VDH • Current Stage of Project: o Approval – Seeking project funding. Sewer Projects I&I Abatement: • Definitions: o Inflow – storm water flowing into the system through established connections o Infiltration - storm water infiltrating the system through deterioration of the piping and manholes • Problem: o Currently a large portion of our sewer volume is rainwater that has entered our system through either inflow or infiltration. Because we pay for our sewer to be treated by Peppers Ferry Wastewater Treatment Plant, we are paying a considerable expense for them to treat clean water. • Scope of Work: o Identify and remediate all sources of I&I through the following methods:  Flow Study • Place flow meters to separate the system into different meter sheds in order to quantify their criticality  Smoke Testing • Insert smoke into system to identify where possible improper connections are located  Manhole Inspection • Inspect all manholes to identify possible deterioration and infiltration  CCTV • Inspect and clean needed pipes using cameras to identify infiltration  Remediation • Performing the needed repairs and replacements on the system. This may include: slip lining, manhole coating, full line replacement, full manhole replacement, relocation of storm water connections, etc. • Project Team: o Flow Study: CHA • Funding: o Flow Study: ARPA o Manhole & Smoke: SERCAP - $50,000 • Current Stage of Project: o Conducting Manhole Inspections and smoke testing on Zone 10. Determining next area and method of remediation. Critzer Repairs: • Problem: o Due to deterioration of the system, increases in flow connections, and the impact of I&I, the Critzer Pump Station (4C) has experienced many pump failures, overflows, and electrical issues. Although Direct Injection will relieve a large portion of the flow from the system, there still will be underlining issues that need to be addressed. • Scope of Work: o Replacement of the current pump station (replacement is needed due to the age of the pumps and lack of replacement parts) • Project Team: o TBD • Funding: o CIP, ARPA (only for the electrical work) o The estimate for Hut replacement is ~400,000.00. This money has not been accounted for. • Current Stage of Project: o Seeking funding opportunities for hut replacement. PCB Testing: • Definitions: o PCBs – Polychlorinated biphenyls (highly carcinogenic chemical compounds formally used in industrial and consumer products) • Problem: o Due to DEQ’s concern for PCBs, Peppers Ferry has asked each locality to identify any possible PCB sources. PCBs often originate from old industrial and railroad sites. • Scope of work: o Collaborate with Peppers Ferry to perform PCB testing at the following locations:  Convenience Center Manhole (collecting previous downtown industrial sites)  Valley Road Manhole (collecting Draper Mountain Landfill runoff)  Commerce Street Manhole (collecting previous Magnox wastewater) • Project Team: o Peppers Ferry • Funding: o Town of Pulaski – Peppers Ferry Wastewater Treatment Charge • Current Stage of Project: o Completed Convenience Center Manhole and Valley Road Manhole. Awaiting Valley Road Manhole data and scheduling of Commerce St Manhole testing. Direct Injection: • Definitions: o James Hardie – A leading industry that contributes to a large portion of the Town’s sewer volume. • Problem: o Wastewater flow from James Hardie previously flowed from Critzer Pump Station (4C) to 4A then back to 4B (located next to James Hardie). This places an unnecessary strain on our system and moves unwanted odors (from their byproducts) through the town. • Scope of Work: o Construct a pump station (4D) that directly injects James Hardie’s flow into the Force Main between 4A and 4B. • Project Team: o Engineer: Hurt and Proffitt o Contractor: WGK Construction • Funding: o James Hardie o DHCD – ARC, CDBG o EDA o Town of Pulaski • Current Stage of Project:  Finalization – Substantial and Final completion have been awarded. Processing final paperwork. Pulaski Interceptor: • Definitions: • Problem: o The Sulfate Study identified key areas of the Pulaski Interceptor (through Dublin) that are in need of repair. • Scope of Work: o Rehab 60 Manholes starting down below the Hardee’s in Dublin AND lining ~9,800 linear feet of pipe. • Project Team: o TBD • Funding: o Seeking DEQ funding • Current Stage of Project: o Preparing DEQ funding application and Design Procurement. Transportation Projects SGR Rt. 99 Bridge: • Problem: o Deterioration and insufficient ratings for the Rt. 99 Bridge • Scope of Work: o Rehabilitation of Rt. 99 Bridge with the following alternatives:  Alternative #1 – Repair and Epoxy Overlay (2 Stages) - $4.64 million  Alternative #2 – Repair and Latex Concrete Deck Overlay (2 Stages) - $4.93 million  Alternative #3 – One Span (159’8”) Full Replacement (2 Stage) - $6.04 million • Project Team: o Submittal: Schwartz and Associates • Funding: o VDOT (SGR) ~ 8,000,000 o Town of Pulaski (match) o Federal • Current Stage of Project: o Approval – VDOT has allocated $8.0 million for the project. Staff is currently working with VDOT to advertise for Design’s Request for Proposal. Design will likely take ~2 years. SGR Commerce St. Bridge: • Problem: o Deterioration and insufficient ratings for the Commerce St. Bridge • Scope of Work: o Superstructure replacement of Commerce St. Bridge • Project Team: o Engineer: Schwartz and Associates o Contractor: TBD • Funding: o VDOT (SGR) • Current Stage of Project: o Recent Bid results were significantly over budget. Schwartz is working to make the scope of work more appealing and thus more competitive. The hope is that with the changes, the new bids will be under budget. We received the updated scope and it is under review with VDOT. Once they approve the changes, we will readvertise for bid. SGR Thornspring Bridge: • Problem: o Deterioration and insufficient ratings for the Thornspring Bridge (on Newbern Rd.) • Scope of Work: o Rehabilitation of Thornspring Bridge. • Project Team: o TBD • Funding: o VDOT (SGR) ~ $2,000,000 • Current Stage of Project: o Approval – VDOT has awarded $2.0 million. Working with VDOT to fill out necessary documents and advertise for Design’s Request for Proposal. Design will likely take ~1 year. Streetscape Project: • Problem: o Main Street was accepted for a Streetscape rehabilitation to improve the aesthetic and usability of the sidewalks. • Scope of Work: o Rehabilitation of the current sidewalks, curb, and gutter along West Main Street between Jefferson Ave and Washington Ave. o Replace the current trees with Ginkgo Trees (recommended by an arborist and voted on by council) o Replace the current Lighting Fixtures (new fixtures voted on by council)  This purchase is not apart of the funding package and will be paid for by the Town • Project Team: o Engineer: Hurt and Proffitt o Contractor: TBD • Funding: o VDOT o Town of Pulaski o Shortfall  Minimum of $117,440.00. Maximum of $587,200.00. Depending on the additional funds we have requested. In addition to the base project, we also have to pay for street lights that are estimated to be ~200,000.00. This project is expected to be completed in 2025. • Current Stage of Project: o Pre Construction meeting was held on November 15th. o Awaiting final Agreement and Bonds from contractor before Notice to Proceed. Expected to start construction within two weeks. Washington Railroad Project: • Problem: o The existing railroad crossing bar blocks pedestrian access. • Scope of Work: o Collaborate with Norfolk Southern to relocate the railroad crossing bar pole so that it does not block the pedestrian pathway. • Project Team: o VDOT o Norfolk Southern • Funding: o VDOT (fully funded and managed) • Current Stage of Project: o VDOT Engineers are working alongside Norfolk Southern to relocate the railroad crossing bar pole so that it does not block the pedestrian pathway. Economic Development Projects Calfee School: • Problem: o Fulfilling the community’s need for a cultural and career center while also preserving the historical impact of a local school. • Scope of Work: o Renovate the existing Calfee School in a way that supports a:  Daycare  Kitchen  Historical Center  Career Center  Outdoor facilities • Project Team: o Engineer: Balzer and Associates o Contractor: Thor Construction • Funding: o Town of Pulaski o DHCD  CDBG (Community Development Block Grant Program)  ARC (Appalachian Regional Commission) o US Department of the Interior • Phase of Project: o Finalization of Phase 1. o Seeking design, procurement, and grant management from NRVRC for Phase 2. Brewery: • Problem: o Enriching commerce and business into the area by supporting a local brewery and eatery • Scope of Work: o Renovate the Old McCarthy Building into an active brewery and restaurant. • Project Team: o Architects: Huber Architects (Bill Huber) o Contractor: Cornerstone General Contractors LLC o Contract Admin: Town of Pulaski • Funding: o DHCD (IRF Grant) • Phase of Project: o Construction – Substantial completion within the next 2 months. Environmental Projects Floodplain Acquisition: • Problem: o VDEM has received a Hazard Mitigation Grant Program application to acquire 20 residential structures within the town to remove them from the floodplain. • Scope of Work: o Identify property owners willing to sell their property within the floodplain • Project Team: o Olson Group • Funding: o VDEM • Current Stage of Project: o Gathering interest and data to support he funding application process Army Corps – Low Head Dam: • Problem: o To support the health of Peak Creek while reducing the impact of flooding, the Army Corps has begun research into the functionality and effectiveness of the Low Head Dam. • Scope of Work: o To establish the effectiveness of the Low Head Dam o Gather information on how to improve the flow conditions of Peak Creek o Perform any construction needed after a plan has been determined • Project Team: o Engineer: Army Corps of Engineer • Funding: o TBD when scope of work is fully developed • Phase of Project: o Army Corps is acquiring hazard sampling of area to determine how to environmentally proceed in construction. General Property Projects Canine Facility: • Problem: o Fulfilling the need for an areawide police canine training facility • Scope of Work: o Construction of a canine training facility to accommodate the needs of the trainers and police staff • Project Team: o Architect: Braxton Cox, Local Studio Architecture and Design o Contractor: TBD • Funding: o CIP • Phase of Project: o Braxton Cox is working on a project cost estimate. Should be receiving his estimate in the next two months. Firehouse Addition: • Problem: o Due to new equipment, the bay size of the firehouse needs to be expanded • Scope of Work: o Design and construct a new addition to meet the needs of the fire department • Project Team: o Engineer: Robin Lee • Funding: o CIP • Phase of Project: o A needs assessment and risk analysis were conducted to prioritize the needs of the firehouse. Robin Lee is conducting a structural feasibility study to identify which needs are feasible in the current structure. In communication with Senator Kaine’s office to evaluate how we can use funds. Basement Mold and Flood Remediation: • Problem: o During heavy rain events, the basement often floods due to being within the floodplain o Due to the flooding, there is mold present on walls, files, and equipment • Scope of Work: o Identify what is causing the flooding and how to remediate it.  Upgrade the existing pumps  Increase the capacity of the basins  Add backup pumps into the basins  Increase the outlet pipe diameter  Seal the basins o Remove all mold and clean surfaces to prevent future growth  Add sufficient dehumidifiers to prevent future growth • Project Team: o Unknown • Funding: o Town of Pulaski • Phase of Project: o Flooding  We have received all quotes. Currently seeking funding source. o Mold  Collaborated with the contractor, PD, and PW to remove the remaining mold. Cemetery GIS: • Problem: o Inadequate lot ownership and interment data. • Scope of Work: o Survey lot cornerstone locations in each cemetery o Subdivide the cornerstone data to create digital lot parcels using existing Gravesite ID syntax o Acquire attribute data for each gravesite to include:  Name  Date of Birth  Date of Death  Veteran?  Picture of marker • Project Team: o Timmons Group • Funding: o Cemetery Board of Trustees • Phase of Project:  Implementation – Timmons is currently acquiring the data and creating the geodatabases. Discussion(s) Information TOWN OF PULASKI ● OFFICE OF THE TOWN MANAGER ● P.O. BOX 660 ● PULASKI, VA 24301 ● TEL. 540-994-8601 ● FAX 540 994-8699 Town Council Brooks R. Dawson Michael P. Reis Gregory C. East G. Tyler Clontz James A. Radcliffe Jeremy L. Clark TOWN OF PULASKI P.O. Box 660 42 1st Street NW Pulaski, VA 24301 (540) 994-8601 pulaskitown.org William S. Collins, Mayor Todd Day, Town Manager To: Mayor & Town Council From: Todd Day Town Manager Date: September 25, 2024 Re: Holiday Time Off Due to the Thanksgiving and Christmas holidays approaching I would like to request Council’s support with the following days off for employees: Per State Calendar Requested Time Off ½ day November 27th, all day November 28th & 29th all day November 27th, 28th, 29th All day December 24th & December 25th all day December 24nd & 25th This holiday time off allows employees to travel to visit their families if necessary. I appreciate your consideration. TD Town of Pulaski GIS Esri, NASA, NGA, USGS, FEMA | Esri Community Maps Contributors, VGIN, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, I…Powered by Esri 10/24/24, 8:18 AM Town of Pulaski GIS https://experience.arcgis.com/experience/a09708478fe04993bf705bf45ff245f9?print_preview=true 1/1 072-51-41-2 071-51-41-2A 072-51-41-4 072-51-41-6 072-51-41-8 072-51-41-10 RE: TOWN OF PULASKI, VIRIGNIA V. E & H LAND COMPANY L.L.C., ET AL. (CL23-295) Exhibit A BREAKDOWN OF AMOUNTS OWED PARCELS 072-051-0041-0002, 072-051-0041-002A, & 072-051-0041-0008 Town Taxes: $7,129.69 Town Liens: $85,268.32 County Taxes: $12,931.33 Costs $510.00 Attorney Fees $3,800.00 Total $109,639.34 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; two 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. (1) A Special meeting may be held annually, jointly with the Pulaski Town Council, as may be requested by the Chair and/or the Board of Directors, the staff of the EDA and the Pulaski Town Council will jointly schedule and properly notice such joint meeting. 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 authorized and/or budgeted by the Pulaski Town Council to the EDA. All disbursements shall be within the EDA’s approved budget or approved by Pulaski 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 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 November________, 2024. _____________________________________ Chairman ATTEST: _____________________________________ Clerk Consent Agenda Town Council Meeting Minutes October 15, 2024 1. The Mayor called the meeting to order at 7:00 p.m. and asked for a roll call. 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 2. Councilman Dawson lead the audience in the Pledge of Allegiance. 3. Councilman East gave the invocation. 4. The Mayor welcomed all in attendance and viewing online. 5. Modification to Public Session Ms. Hale asked to amend the consent agenda for the Town Council Meeting Minutes from September 17th to October 1st. The motion was made by Councilman Dawson and seconded by Councilman Reis. 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 6. Board Updates Manager Day asked if any councilmen had updates from the various boards they hold seats on. Councilman Clark reported from the Pulaski County Emergency Communications Board for residents to sign up for Smart 911. He stated it’s a way for dispatchers to know extensive details, i.e. additional residents in the home, pets, medications, and any additional information that would helpful for first responders to know in the case of an emergency. 7. Discussion a. National Bank of Blacksburg Line of Credit Letter Manager Day stated that the National Bank of Blacksburg has a $500,000 unsecure line of credit available. He stated there is no objective for it currently, but if the Town were to need it, it’s there. The motion was made by Councilman Reis and seconded by Councilman Clontz to approve Manager Day and Jackie Morris as signatories on the National Bank of Blacksburg line of credit. 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 b. Moving or Canceling November 5th Town Council Meeting due to Election Day Manager Day reported that Town Offices will be closed on November 5th, Election Day, and with nothing pressing on the future agenda, he recommended canceling the first meeting in November, but if any matters were to come up, he would communicate with councilmembers. Councilman Reis stated the number of items for consideration has decreased he suggested amending the current ordinance, which requires 24 meetings a year. Councilman Dawson stated his concerns with limiting the number of meetings, as it limits the frequency of public access to come to meetings. Manager Day stated it’s worth a discussion and consideration. The motion was made by Councilman Dawson and seconded by Councilman East to cancel the November 5th meeting due to Election Day and not to be rescheduled unless something moves forward in the future. 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. Public Comment Period a. Jorden Kullos of 5th Street NW addressed his concerns with the sound ordinance for the Town. Mr. Kullos reported his family recently adopted a dog for protection. He stated he and his neighbors have seen an increase in property theft, trespassing, drug paraphernalia, and increased debris on properties and recently, two separate attempts of breaking and entering at his home. He stated since his family adopted the dog, the trespassing has decreased but the barking isn’t a sound that’s protected under the exemptions in the ordinance. He asked Council to review the ordinance and add the sound of a dog barking on its owner’s property during the daytime as an exemption. He stated due to the current ordinance, he and his wife are facing a $500 fine and even ten days in jail from complaints of his dog barking and police being notified. b. Kennedy Kullos of 5th Street NW read of letter to Council about how important her dog is and how the family now feels safer with him. She asked Council to change the ordinance to allow her dog to be outside during the day to protect her family. Councilman Dawson thanked the two speakers and stated the ordinance was worth looking at and there may be aspects that could potentially benefit the Police Department in being able to enforce the right restraints and then give protection to the citizens in the right way. Councilman Reis stated it might be worth considering or examining what other jurisdictions have. Councilman East asked Police Chief, Sam Shumate how to rid unwanted individuals. Chief Shumate explained the department’s protocols of warning, summoning, and then arresting offenders. 9. Consent Agenda a. Consideration of October 1, 2024 Town Council Minutes The motion was made by Councilman Dawson and seconded by Councilman Clark to adopt the minutes as written. 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 10. Council Comments Councilman Clark thanked the Fire Department for the fire parade and the dinner afterward. Councilman Dawson thanked the Fire Department as well as Friends of Peak Creek for the 5k event and stated he liked to see that event grow. Councilman Radcliffe stated his time on Town Council has been enjoyable and for the councilmembers who are not up for reappointment to keep their course. Councilman Reis reported there are several streetlights out that he would get the ID numbers for to report. Mayor Collins asked if the Town could participate in the Pot Hole Fall Fill-In reporting again to fill various pot holes around town and asked if the Town could participate in the Homecoming parade going forward. He stated he’d like to see the Homecoming Parade rotate each year between Pulaski and Dublin like the July 4th parade. He also thanked the Fire Department for the parade. 11. Manager’s Report Manager Day thanked the Fire Department for the parade and the dinner afterward, he stated he would report the streetlights to AEP for replacement. He reminded listeners of the following events: a. Last Cruise-In in Jackson Park, Saturday October 19th from 11 a.m.-4 p.m. b. Trick-or-Treat on West Main Street on Halloween from 5-7 p.m. on West Main Street. c. November 5th Town Offices & Convenience Center will be closed for Election Day. GFL schedule to be announced. 12. Reminder of Future Council Meeting a. Tuesday, November 19, 2024, Closed Session 6:00 p.m.; Open Session 7:00 p.m. Financial Information General Info Department Head Monthly Reports- October Clerk of Council • October 1 Council Meeting/Minutes • October Event Calendar for Facebook/Website • Social Media & Website Updates throughout October • Public Hearing ads to The Patriot (1) • Fire Department Luncheon help • FOIA (1) • October 15 Council Meeting/Minutes • Staff Meeting • Love by Hope LLC Ribbon Cutting • Halloween Treat Trail Event Planning • October 21 Planning Commission Meeting/Minutes • October 23 Cemetery Board Meeting/Minutes • October 31 Halloween Trick-or-Treat Trail Filter Plant For the upcoming month of November, we have our WET (whole effluent toxicity) samples due for our pond discharge. We also have our monthly samples, and the New Bern Heights disinfection byproducts samples. I also, received a letter late last week for information regarding our water withdrawal which is due by January 10th. We are also actively searching for candidates to fill the openings here at the plant. ELMS will be coming to pump our pond out going into the winter in the next week or two. We cleaned the pulsator in October. Which will get us into May of next year, hopefully. I will begin to work on next year’s budget in the coming weeks. Wayne Trail is attending continuing education courses and will be sitting for his Class 2 license. Finance Department • Processed Real Estate bills and PSC’s for the second half due Dec. 5, 2024 • Completed the audit for FY2024 • Processing abatements and supplements from the County for Personal Property • Staff is working on collections with debt setoff and DMV stops for Personal Property and Real Estate • Working with the Utility Billing Clerk and Public Works to complete the manual reads and replace no read meters • Staff is cross training and continuing to digitalize records • Working with staff and Town Attorney on releasing liens pertaining to Tornado Housing projects • Processed 4,386 utility bills • Non-payment cutoffs for the month - 90 • Revenue collections for month of October: General Fund - $1,849,253.88 Water Fund - $225,135.07 Sewer Fund - $375,010.36 Garbage Fund - $71,414.03 Total - $2,520,813.34 Fire Department • Ran 54 calls • Training o ATMOS gas hosted our department training • Fire Prevention Day o 90 Fire trucks from other jurisdictions participated in the parade. o Public Education at all the schools and head starts in town.  Critzer, PES, Pulaski Headstart, YMCA, Mayflower Academy, Kingdom Kids, Presbyterian Church daycare • Trunk or Treat (Pulaski Health and Rehab) • Mutual Aid request from the county for a fire marshal (fireworks) • Downtown Treat trail Public Works Street Department • Finished mowing of Parks and Cemeteries • Picked up brush town wide • Cut brush back street wide on LaFayette Ave, Scott St, Winfield Circle • Removed 8 trees town wide • Patched potholes with cold patch town wide as requested • Operate brush site each Saturday (part time attendant M-F 1:00 – 5:00) • Cleaned catch basins town wide as needed. • Packed dumpsters at the convenience center 3-4 times weekly • Empty town trash cans and pick up trash/debris from roadside at least once weekly General Properties Department • Assisted with cosmetic repairs (stripping, scraping and painting Calfee School entrance) • Delivered tires to Calfee School twice upon request • Unloaded appliances at Calfee School • Checked and made repairs to the Christmas lights in Jackson Park • Completed concrete bridge sidewalk at 5th St & Monroe Ave Vehicle Maintenance Department • Performed oil changes on 9 units • Performed 4 state inspections • Performed 11 daily checks on patrol units • Made extensive repairs to two dump trucks • Serviced leaf collection equipment Water/Sewer Department • Continued to check pump stations daily • Repaired 12 water main breaks throughout the month (5 in one 24 hour period) • Ran all problematic sewers once weekly. Responded to 3 separate sewer back up calls • Responded to 136 Miss Utility Locates • Replaced hydrant on the corner of Northwood & Prospect Ave. that had been hit by a car • Installed one new water service • Tapped line to provide pressure for service next to old tank on Mt. Olivet Rd Police Department For the police department this past month we have done the following 1. 2,901 Incident numbers were generated 2. 1,368 Business Checks were conducted 3. 29 Trespass arrest 4. 55 Trespass notifications were issued We also participated in the Treat Trail where we all had fun handing out candy and police badge stickers. Assistant Chief Parmelee and Chief Shumate attended the International Association of Chiefs of Police (IACP) conference. Both attended sessions that explained how each area handles the Homeless/Unhoused. We brought back some ideas that we will try to implement within the department that will help us enforce the Code of Virginia while trying to get resources to those individuals in need at the same time. The two officers who are in the academy doing great and representing the department with pride and outstanding work. We do have four officers who are on light duty or out hurt at this time and everyone has pitched in to help each other out without any complaints. This shows how dedicated this department is to the town and the community. I am very proud of the work that our department is doing and has done to enforce the Code of Virginia. With cold weather coming on we will be checking empty buildings more often to make sure that those buildings are not being broken into or vandalized. Planning & Zoning • Working with Peak Creek Partners LLC to get through the zoning approval process for a mixed-use, revitalization projects located at 34 and 0 1st St. NW. Applicants are finalizing Special Exception and Certificate of Appropriateness applications (waiting on additional information). • Site Plans were approved for 5th St Townhome Project. • Advised downtown business owner on town’s sign requirements for updating signage. • Attended Virginia Association of Zoning Official and Regional Planner Continuing Education Events • Drafting a new future land use map addressing Comprehensive Plan’s Land Use Policy 1.1.14. • Reviewed building permits for zoning approval when applicable. • Working with ARB board members to schedule meeting for a Certificate of Appropriateness Application. • Applied for a grant through VDOT to conduct a Multi-Modal Transportation Study. • Researching funding sources for PD’s K9 Training Facilities • Identified funding for Comprehensive Broadband Planning, working to develop a project scope and budget with the intent of applying for funds by the end of December. • Research and reported on concerns raised by PC during Oct. meeting regarding Huffman Automotive Special Exception Application. • Drafted Reports, Agendas, Recommendations, Notices, 2025 Meeting Calendar for the Planning Commission. • Assisted Public in answering questions and providing publicly available information, including a FOIA request. Property Maintenance/Code Enforcement/Zoning • 26 new property maintenance cases • 30 complaints received/investigated • 33 follow up inspections for compliance • 15 Inop vehicle violations • 5 vehicles towed • 2 bulk item violations • 3 zoning violations—camper/tent dwelling • 2 properties placarded as unsafe structure • 1 vacant structure boarded/ 1 property re-boarded • 1 vacant structure abated of trash/large debris • 20 properties sent out for grass abatement • 15 liens released • 35 liens placed • 1 VBCOA- building training/conference • 1 VAZO- zoning training • 2 cases heard in General District court Outdoor Facilities Coordinator • Coordinated with Splashpad contractors to replace supply valve • Drained and winterized Splashpad • Closed Train Station and Cool Springs bathrooms for season • Provided planning and day-of assistance to Friends of Peak Creek for their Ripple Run 5k event • Met with surveyors for Draper Mountain Trails project • Represented the Town at monthly board meetings for Pulaski On Main and Friends of Peak Creek non-profits • Assisted with Friends of Peak Creek annual fall cleanup litter collection event that collected 21 bags of trash along with several oversize items • Supported planning and on-site operations for the Town Trick or Treat on West Main Street event • Cleared multiple large trees off the Draper Mountain Trails, and worked with a volunteer to inspect and clear leaves off trails Economic Development • Compiled an updated list of available properties. • Continuously visit businesses within the town, both on Main Street and in the Town of Pulaski – let them know Town is here as a resource, have conversations to gauge their business health. • Maintained communication with commercial property owners: o New Food City space o Keep close contact with Sherry from Garland properties to find businesses to fill 2 spot of their newly renovated spaces o Contact building owners to stay informed on property status. (Gary Duncan, Garland properties, Max Collignon, Luke Allison, Brent Cochran, Jon Shamus, Bob Strenz, attorney’s office handling Magnox, and others) o Met with Retail Strategies and Pulaski County EDA to update our needs in the Town • Coordinated with Onward NRV to feature Magnox on the VEDP tour – get recommendation • Collaborated with Pulaski on Main to strengthen engagement with Main Street businesses community o Hosted Together on Main to foster connections among Main Street businesses o Hired new part time program coordinator o Helped organize new mural hung in Count’s Crossing o Working with Virginia Main Street on next steps for Pulaski on Main • Relationships with regional, state, economic development organizations, and other localities are important. The Town has been represented at the following and established connections with: o Amanda Killen from Tazewell visited to share insights from her experience with a Main Street organization. o Visited Ken Heath/Town of Marion – they shared their housing program, Main Street program and other Economic Development initiatives. o Scheduled a meeting with Todd Wolford with Wytheville to tour their town. o Made connections with Virginia Housing o Connected with VTC (Virginia Tourism Corp) and have access to update the Town’s VTC listing o Participate in LEDO meetings with regional economic development, Onward NRV o Connected with VEDP on resources, property listings • Represented Town of Pulaski at: o Governor’s Summit o VEDP Annual Conference o Virginia Institute for Economic Development • Projects: coordinating a communication plan for the streetscapes project, push notifications, update Town business incentives, continuing economic development training, connections Senior Center • The seniors went on 3 trips this month. • Partner with the Library for crafts at the center each month. • Partner with different health and hospice groups to keep the seniors updated. • The Ruritan Club donated a new recliner. • Continue to make calls and fill out paper work for the seniors. • We have a Bereavement group once a month with counselors. • Continue to do activities to keep the seniors active. Building Department Permits Issued • Twelve Permits for SHAH Development – New Town Houses (431-409 N Washington Avenue) • 300 Northwood Drive (Gas line) • 516 Herron Street (New Addition) • 1907 Bob White BLVD (Issuance of New CO) • 601 4th Street NE (Decks) • 1619 Smith Lane (New Carport) • 184 W Main Street (Demo of walls) • 416 Pulaski Terr. (Electrical Repair) • 91 First Street NE (HVAC) • 151 Towers (Waterline Replacement) • 532 N Washington Avenue (Electrical) • 723 Walnut Avenue (Electrical) • 709 Monroe Avenue (Electrical) • 155 Towers Street (HVAC) Applications Under Review • 37 Eight Street (Deck Remodel) • 811 Hickory Avenue (Foundation Repair) • 1817 Alum Spring (New Electrical Service) • 301 N Jefferson (Asbestos Removal) • 2000 Travis Lane (Deck Remodel) • 1416 Grove Drive (Foundation Repair) • 144 N Washington Avenue (New Ramp) • 37 W Main Street (Remodel) • 163 Bridge Street (New Residential Construction) • Pine Street (New Residential Construction) • 901 Oakhurst Avenue (HVAC) • 418 S Jefferson Avenue (HVAC) Engineering Department- Report in presentation materials