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HomeMy WebLinkAbout11-19-24Town Council Meeting Minutes November 19, 2024 1. Vice -Mayor Dawson called the meeting to order at 5:39 p.m. and asked for a roll call. Gregory C. East- Absent Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Absent G. Tyler Clontz- Aye Michael P. Reis- Aye 2. Modification to Closed Session Mayor Collins- Absent Ms. Hale asked that item 6A, Hogans Dam be removed from the agenda. 3. Vice -Mayor Dawson asked for a motion to enter into Closed Session to discuss the following items: a. VA Code 2.2-3711 (A) 1 (2 items)- Personnel Matters i. Appointments to EDA ii. Appointments to Planning Commission b. VA Code 2.2-3711 (A) 8 (2 items)- Consultation with Legal Counsel i. EDA Bylaws ii. Fire Department c. VA Code 2.2-3711 (A) 3 (1 item)- Acquisition/Disposition of Real Property i. MacGill Park The motion was made by Councilman Clark and seconded by Councilman Clontz. Gregory C. East- Absent Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Absent G. Tyler Clontz- Aye Michael P. Reis- Aye Mayor Collins- Absent The following councilmembers and staff entered into Closed Session: Councilman Clark, Councilman Clontz, Councilman Reis, Vice -Mayor Dawson, Town Manager, Todd Day, Town Attorney, Scot Farthing, and Clerk of Council, Ms. Hale. Councilman East joined Closed Session at 5:44 p.m. Councilman Clontz exited Closed Session during the discussion of MacGill Park. Open Session 7:03 p.m. 4. Certification of Closed Session- Vice -Mayor Dawson asked for a motion that only the following was discussed in Closed Session: Page 1 of 18/ November 19, 2024 OMM a. VA Code 2.2-3711 (A) 1 (2 items)- Personnel Matters i. Appointments to EDA ii. Appointments to Planning Commission b. VA Code 2.2-3711 (A) 8 (2 items)- Consultation with Legal Counsel i. EDA Bylaws ii. Fire Department c. VA Code 2.2-3711 (A) 3 (1 item)- Acquisition/Disposition of Real Property i. MacGill Park The motion was made by Councilman Clark and seconded by Councilman Reis. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Abstained Brooks R. Dawson- Aye Michael P. Reis- Aye 5. Councilman Clontz lead the audience in the Pledge of Allegiance. 6. Councilman East gave the invocation. 7. Vice -Mayor Dawson welcomed all in attendance and viewing online. 8. Modification to Public Session Ms. Hale asked that item 8D, Hogans Dam be removed from the agenda and add two additional items; item under 8D, Fire Department Position and 8E, Loitering and Camping Ordinance Amendments. The motion was made by Councilman East and seconded by Councilman Clark to adopt the modifications as suggested. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Absent G. Tyler Clontz- Aye Michael P. Reis- Aye Mayor Collins- Absent 9. Public Hearing a. Amending Chapter 22 Article V of the Pulaski Town Code to Delete Section 22- 172 "Issue of Permits" Vice -Mayor Dawson read the Public Hearing ad that was advertised in the Patriot. Vice -Mayor Dawson opened and closed the Public Hearing as there were no speakers. Councilman Reis asked for a staff report on the ordinance amendment. Page 2 of 18/ November 19, 2024 Nate Repass, Outdoor Facilities Coordinator reported for his duration of employment with the Town, he has been handling the yard sale permits. He referenced current town code, which was adopted in 1999, which regulates the quantity allowed, timeframe of allowed sales, payments, permits shall be obtained from the building inspection office and be displayed at the location of the sale by person(s) conducting the authorized sale. Mr. Repass reported the issuance of permits has declined as most residents aren't aware they need a permit, the absence of a permit tech in the building department, and the online software used for permits does not allow the issuance of permits without a fee. He recommended to delete the issuance of permits in the code but would continue to document any complaints that arise. Councilman Reis asked how may permits are issued in a year. Mr. Repass stated tracking permits has become difficult as there are multiple staff who issue them but numbers are below one hundred. Vice -Mayor Dawson stated voting on the ordinance amendment would occur on the December 3`d Town Council meeting. b. Case Number 24-RZ-003 Special Exception for a Battery Storage Facility under the town's Utility Services Major Use Vice -Mayor Dawson asked for the staff report. Summer Bork, Planning and Zoning Administrator reported Claremont Corporation of Peak Creek Energy Storage, a subsidiary of Calvert Energy is proposing to open a battery storage facility on an industrial one parcel on Monte Vista extension. She stated the proposed site is gated, wooded, undeveloped, and a substantial buffer around the lot is proposed but there is concern related to health and human safety as well as protecting the assets of the company given the remoteness of the location and concerns of first responders being adequately equipped to deal with a chemical fire. Ms. Bork stated the Planning Commission is recommending approval with set conditions; fencing around the property, a public safety management plan, and a decommissioning plan so the Town is protected in terms of not having to bear the responsibility of clearing the parcel, should it stop being used. There is also consideration for public decommissioning including, environmental testing and project bonding requirements of a building permit being issued within five years of the special exception being adopted or else the special exception is null and void. Brian Quinlan with Calvert Energy gave a brief summary on his career with the Navy and Calvert Energy's work in renewable energy. Mr. Quinlan stated Calvert Energy is teaming up with EDF Renewables North American to install 20- megawatt project, megawatt hours, which will interconnect with AEP's system, which is adjacent to the property. The property will be remotely operated, with no Page 3 of 18/ November 19, 2024 people on site, no buildings onsite, other than the battery units, and excavations for tree removal. He stated the units, which look like shipping containers, are 29ft long, 9 ft tall, and 6ft wide. Mr. Quinlan referenced the town's zoning and comprehensive plan as the property and surrounding properties are zoned industrial. Councilman Reis asked if the battery units sit on concreate pads. Mr. Quinlan stated they'll be concrete pads, pilings. Mr. Quinlan reported the facility won't directly affect the town, it affects the electrical system more broadly with AEP, the batteries provide stability to the grid, with James Hardie and Volvo not far away, the batteries can instantaneously fill the void or absorb the excess. He stated within the last 10 years, power demand has flattened and recently, as the economy recovers there's more of electrification. The electrical power demand has been increasing as a result, particularly in PJM. Councilman Reis asked to clarify what PJM was. Mr. Quinlan stated PJM is the regional system operator for the electric grid at the transmission level. They are in charge of maintaining the transmission level system through capacity bids, which correlates to how much demand and available generation there is. Mr. Quinlan reported there is no effect on the neighborhood property values, there is no lights, no smell, no noise, other than the equivalent to a normal conversation when the air conditioning units are running and there will be a 100ft tree buffer, which they will maintain, from the property line. He stated they will do the excavation at 30ft down, allowing the units to be below the horizon. Vice -Mayor Dawson asked what the lifespan of the facilities were. Mr. Quinlan stated the batteries will last about 15 years and they will rotate the batteries in and out. Councilman Clontz asked who would own the batteries, Calvert Energy or the power company. Mr. Quinlan stated -that is to be determined as AEP will be involved, they will either be buying the power, and Calvert Energy will own the system and run it or AEP will buy the system outright and own and operate it themselves. Councilman Clontz questioned who would be responsible for the facility if they were decided to no longer use the batteries. Page 4 of 18/ November 19, 2024 Mr. Quinlan stated there will be a bond, and money will be available. Councilman Reis asked if the bond was for construction or for decommissioning and how much the bond was for. Mr. Quinlan stated it would be for decommissioning but the price hasn't been discussed. Councilman Reis questioned who owned the land. Mr. Quinlan reported his company; Calvert Energy will own the land. Councilman Reis asked if the land would be securitized, would it be a potential option or would Calvert Energy continue to own it and someone else own the actual batteries. Mr. Quinlan stated that is up to AEP and their involvement. AEP may own it outright or Calvert Energy continue to own it and sell them. Councilman Reis asked if someone will own the land and batteries at the same time. Mr. Quinlan answered yes, that it's packaged together. Councilman Reis questioned if someone didn't clean the property, the Town could go after the land. Mr. Quinlan answered yes, but there will be a bond. Councilman Reis asked how the calculation was done to determine the bond. Scot Farthing, Town Attorney, stated solar projects have a third -party engineer give an estimate on decommissioning, that they renew the estimate every five years. Councilman Reis asked if the bond would be written in the special conditions. Mr. Farthing stated Town Council would be adding potential special conditions to the special exception in the end if needed. Mr. Quinlan stated there are conditions from the Planning Commission, one being having a security bond before construction can start. Councilman East asked how long the technology has been used and a location where one is online. Page 5 of 18/ November 19, 2024 Mr. Quinlan reported most facilities are in California and they started 10 to 15 years ago. He stated there are also a few facilities in Arizona, not many in Virginia. Councilman East asked if there were incentives or monies coming in from the federal government or somewhere to help support the implantation of this form of renewable project. Mr. Quinlan stated there was a tax credit for the batteries, now there's a clean energy credit which they aren't sure if batteries will be able to use it or not, but the state has mandated that utilities have to use batteries. He reported Dominion has to do 2700 megawatts and AEP has to do 400. Councilman East asked how many units does it represent with this facility being 20 megawatts. Mr. Quinlan stated there'll be 20 battery storage units each. Vice -Mayor Dawson asked if there are any impacts from the town, an increase or change in property values, is it taxed in some way. Todd Day, Town Manager, stated Virginia legislation varies depending on the size of solar and battery energy and asked Mr. Quinlan what does the business plan show in the Town of Pulaski when it comes to revenues. Mr. Quinlan stated when Calvert Energy looked at the potential impact to property tax from the project, it was estimated to come out between $400,000- $500,000 over a 20-year period. On a local benefit, there's a lot of civil work to be done, estimating about a million to a million and a half dollars of civil work, that's done locally. Manager Day replied stating it can be taxed. Mr. Farthing stated Virginia state code has a nice exemption for battery and solar facilities, they only pay 20% of the tax, for solar energy. He stated if you have an assessed value of the equipment, they only pay 80 or 20% of that because they get a huge discount on the tax benefit side to pay the localities. He stated council could also adopt an energy tax so that you're taxing the megawatt instead of the facility itself, depending on the timing and whether it can be implemented for this project or not would be questionable, whether it's beneficial, depending on the value of investment. Vice -Mayor Dawson asked what drew Calvert Energy to this location. Mr. Quinlan stated there's a big substation adjacent to the property and there are big consumers of power, Volvo and James Hardie, and being in close proximity to Page 6 of 18/ November 19. 2024 a substation can provide better, more benefit because that's where all the power is coming and going from. Mr. Farthing asked if a siting agreement was proposed to the Town. Mr. Quinlan stated there was one proposed to the Town before Ms. Bork was employed but there was no discussion about it. Mr. Farthing asked if he would still be willing to consider it. Mr. Quinan replied sure, and noted there are no people, no impact in schools, no impact on roads, no sewer, no water, so there are no impacts on those requirements. Mr. Farthing asked what the competition is paying for the siting agreements per megawatt. Mr. Quinlan stated there is no market values, yet, that he's aware of. Vice -Mayor read the Public Hearing ad that was published in the Patriot. Vice -Mayor Dawson opened the Public Hearing. Joel Burchett of Northwood Terrace stated there will be income coming to the Town through added tax evaluation, he asked who determines that value. Manager Day replied the Commonwealth determines the tariff and the Commissioner of Revenue normally, at the county level, does those assessments and hands them down to the localities and there's always exceptions to that rule and specialties that come into play. Mr. Burchett asked how many acres would be excavated. Mr. Quinlan replied about four acres would have to be cleared and grated. Vice -Mayor Dawson stated the total acreage is 11.5 acres. Mr. Burchett asked about fire protection and the Town not having adequate equipment to extinguish it. Vice -Mayor Dawson stated he wasn't sure of not having adequate equipment but the property would not be much different than access to other properties in Town. Mr. Quinlan reported there is no special equipment needed for battery fires, generally battery fires burn themselves out, and that's the reason for the 100ft Page 7 of 18/ November 19, 2024 setback from the property line and a 25ft setback between the batteries themselves. Mr. Burchett asked how long do batteries take to burn themselves out and are there toxic emissions. Mr. Quinlan stated there are toxic gases, they're considered toxic that are emanating from the battery fire, but battery fires didn't impact the air quality off the site. He stated a member of the Planning Commission is on the Town's Fire Department and there's a condition to implement a hazard mitigation plan. Mr. Burchett asked about lighting at the facility and the decibel levels on the noise. Mr. Quinlan stated there would be no lighting, the noise level would only be when the air conditioning units would be running, which would be less than 55 decibels, and the trees would provide additional sound barrier. Mr. Burchett asked if the facility would be visible from the surrounding homeowners. Mr. Quinlan stated there are no homeowners near the property. Mr. Burchett stated one concern he has is that industries come and go and when they leave, they leave a mess. He stated if Calvert Energy were to leave after some time he wants to make sure that the bond is set at a level where the area could be restored back to, if not natural, close to what it is now. Mr. Quinlan stated Calvert Energy is going to own the land, the batteries would be removed. Mr. Burchett stated he wanted to make sure the Town was protected, so if the battery facility didn't work out financially, the Town wouldn't be left with a mess. Vice -Mayor Dawson closed the Public Hearing as there were no other speakers and stated that item would be on the December 3d meeting for purposes of voting. 10. Presentations a. Engineering Department Update Austin Painter, Project Engineer, gave an overview of the projects in the Engineering Department what the Town is doing as a whole. He stated the Engineering Department is managing currently 24 Capital Improvement Projects totaling around $30 million of grant and match funding from various sources, Paue 8 of 18/ November 19, 2024 including the town part of those projects, that total is not including the estimated water filter plant upgrade projects. Mr. Painter gave updates on the following water projects: Lead Service Line- on October 16, VDH gave guidance for all localities to perform an inventory of material types on service lines from water meters into houses, that plan was submitted and notices to the public were given out. It'll be a continued effort to identify remaining unknown sources throughout the town. Filter Plant Backwash Tank- This is an initiative where the town has received funding, to replace the tank that's located at our filter plant. This is part of a larger initiative to upgrade the filter plant, this is a portion that is currently under design and we have received the funding agreement for. Brookmont- The larger distribution system, a consent order was issued to decrease the water range within our system and to elevating the pressure head. We are on the back end of this project as the new tank that is on Veteran's Hill has been installed. Paperwork is being completed, the tank will not be online as the elevated pressure increases have caused need for an additional project. The PRV Project- currently being in the preliminary design, and application for construction funds to VDH has been submitted. Vice -Mayor Dawson asked, the decommission tanks and pump stations at the Brookmont project eliminated the need for, are they already removed or will they stay in place until further notice. Mr. Painter stated there has been some discussion about removal, as of right now they will remain offline but our goal and discussions have been leaning towards removal at some point in the future. The Filter Plant Improvement Project- a needs assessment and total evaluation of the entire plant and create an improvement plan and project to encapsulate all of it. That is currently in approval which is seeking funding based on council's previous vote. Mr. Painter gave updates on the following sewer projects: I&I Abatement- The initiative is to identity what all the difference sources of stormwater reaching into our sewer system and to form remediation plans accordingly. Smoke testing in Zone 10 has been completed. The Town did apply for and receive $50,000 grant from Surcap Funding that we're also using for the project. Councilman East asked if any of the flow studies been conducted yet. Page 9 of 18/ November 19, 2024 Mr. Painter stated last year a comprehensive flow study was completed, which was the first study to separate the town into different flow zones. Councilman East asked if we were able to target certain areas based on that flow study and if there's a plan. Mr. Painter stated all the zones have been given a cost estimate for manhole inspection and smoke testing, those two things need to happen across the entire town before we can start identifying remediation sites. He stated we have all the cost estimates, it's a matter of funding. Critzer Repairs- The pump station behind Critzer Elementary is in dire need of repairs based off of the loading, the direct injection has helped significantly but it is still an antiquated system, the facility will need to be remediated to have preventative maintenance in the future. PCB Testing- in collaboration with Pepper's Ferry to identify PCBs throughout our system. Direct Injection- This project has been in the works for a long time, wrapping up in the finalization stages. The station is fully online and pumping out towards 4B and has been incredibly helpful. Pulaski Interceptor- It's a major initiative brought up through the sulfate study, the condition of the interceptor line going out of town through Dublin, to Pepper's Ferry. The condition of the line is deteriorating and in need of repair. The contract for that line states based on flow percentages, the cost divided amongst the individuals diverting flow to that interceptor. The plan is to spearhead the application to DEQ and to do a full procurement cycle to move into design within the next year. Vice -Mayor Dawson asked if there are other entities involved in that. Manager Day stated there are two other entities involved and wanted to remind Council GEO borrowing power is a congressional formula and we are limited to so much. He stated the consent order on that project is the Health Department's first step before they summons the locality. Mr. Painter gave updates on the following transportation projects: SGR Route 99 Bridge- This is going over Peak Creek right past the bike park coming into and out of town, one of the major egresses and entryways from I-81. It has been deemed necessary to apply for remediation alternatives, an application was submitted in January 2023 and we have been fully allocated by VDOT, Page 10 of 18/ November 19, 2024 around $8 million and are forming agreements now with VDOT and have that out for design procurement. Vice -Mayor Dawson asked since the funding was above full bridge replacement, does that mean it will automatically go to just a full bridge replacement. Mr. Painter stated VDOT chose to do that but the funding amount is over because it includes engineering fees, inspection fees, and legal fees. Commerce Street Bridge- Bidding was put out months ago and bid results have come back higher than the budget amount. Designers have changed some specifics of the design to make it more appealing for contractors. The Town has received designs and are sending it out to VDOT for final approval with hopes of starting construction around January 2025. SGR Thornspring Bridge- On Thornspring on Newbern Road behind the DMV, part of that application was fully awarded and allocated to be $2 million from VDOT. Streetscape Project- a preconstruction meeting was held on November 15th and the town is currently awaiting the agreement and notice to proceed to the contractors. The timeline for the project is 180 days to final completion and going into it we have a shortfall that is listed, VDOT has awarded that shortfall to us, as well as additional grant money with the same match proportions on the shortfall. Mr. East asked what the minimum of the shortfall was, $117,000 vs $587,000. Mr. Painter stated VDOT awarded based off the bid for the project and just awarded the difference between them. Manager Day stated the project does not include streetlights. Mr. Painter stated the town has been working on an agreement with AEP for them to install and manage the streetlights, that agreement has had an estimate of $66,000 to fully install and redo the streetlights over the entire scope of the streetscape. The original estimate presented was over $300,000 and we are able to reduce that payment by forming an agreement with AEP. Washington Railroad Project- an application was submitted to VDOT to move the crossing bar, that goes down to block the railroad on Washington, out of the pedestrian path, this is a fully managed VDOT project using their contractors and they are going to be working with Norfolk Southern to arrange that whole movement of the project. Mr. Painter gave updates on the following economic development projects: Page 11 of 18/ November 19, 2024 Calfee School- ongoing project to rehabilitate an old facility on Corbin Harmon Drive. They are one finalization of phase one of their project and seeking design procurement grant management for phase two. Brewery- DHCD has awarded an additional $200,000 additional grant funds to support the structural change orders. Manager Day stated phase one on the brewery project does not include the second floor but that'll be another project that we will go after. Mr. Painter gave updates on the following environmental projects: The Floodplain Acquisition- is an initiative to apply for funding through VDIM to gather interest to buy out properties that are in the flood zone, if people are interested. This initiative, if the homeowner is in the designated flood zone, they can contact the town and we would offer them market rate for their property to remove residential from the flood zone. We are seeking support to then apply for actual grant allocation itself and VDIM is handing the management of the application. Councilman Reis asked if the old Magnox property could qualify or is this focused on residential. Mr. Painter stated he believed the application was for a targeted area but we can look into starting a new application and new project for that other area. Army Corps Low Head Dam on Peak Creek- The goal is to see what the most effective use of the low headband. They're in the beginning stages and doing soil testing and various things to get approval to come on site. Mr. Painter gave updates on the following general properties projects: Canine Facility- Initiative from the Police Department to create a regional wide canine training facility. Our ability to be able to open a regional facility which not only benefits our locality and our Police Department but surrounding localities and Police Departments. It is currently being evaluated for cost estimate, the initial design was drawn up and approved. Councilman East asked where the facility would be located. Mr. Painter stated it would be on Draper's Mountain towards our fire and police training facilities. Firehouse Addition- in collaboration with funding amount approved for $500,000 of congressional money, we have conducted a structural feasibility study of the Page 12 of 18/ November 19, 2024 Fire Station to be able to figure out what we need in that station and how to get there. Basement Mold and Flood Remediation- the Municipal Building is being evaluated for chronic flooding and mold in the basement, we are evaluating different proposals that we have acquired from different contractors to remediate it, we are seeking funding to approve them. Cemetery GIS- allocating funds from our Cemetery Board of Trustees to digitize the paper records of our cemeteries. The Engineering Department manages the permitting, interment permits, lot sales, and monument permits. This project will allow citizens to find loved ones within the cemeteries through a GIS software and help us track the data long term. Mr. Painter stated we are constantly finding new ways to improve the town and the town's infrastructure and constantly working for new funding sources as they arise. Vice -Mayor Dawson asked if anything has changed o the pre-treatment on sewer. Mr. Painter stated it is working the way we had hoped, the only thing that had changed was a `cinnamon smell' was put into the air to help the smell. The chemical changes have helped significantly with the smell and the cinnamon was removed. He mentioned the direction injection also helped with removing the smell. 11. Discussion a. Holiday Memo Manager Day stated the state is recognizing December 24th and 25th for Christmas and typically the Town recognizes a half day on Wednesday before Thanksgiving and the Thursday and Friday after. He stated following suit with the Town of Dublin and Pulaski County he is requesting a full day on November 27th as the town already gives employees the 28th and 29tn The motion was made by Councilman Reis and seconded by Councilman East to approve the holiday memo. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye b. E&H Company Manager Day stated councilmembers are more aware of the demolition that took place, prior to his employment, on East Main Street. He stated right now there's a Page 13 of 18/ November 19.2024 vacant lot and the Town is looking at grand opportunities for pervious asphalt there, for parking in that area. He stated he received a letter from the courthouse stating the Town has been award, through request from previous management, ownership of that property. He stated there was a fee contributed to that, $16,000 and most of that was taxes at the county level, and he has unofficially put in a request for consideration from the county on those fees as a reimbursement and the two -by -two meeting will address that. Vice -Mayor Dawson commented stating with the current activity on First Street with the brewery and other construction that's taking place, he believes that lot is getting more and more important of having additional parking. Manager Day stated he had the chance to view the brewery earlier in the day and if it produces the per capita that it looks like it should, comparable to other that's been viewed, it'll be an amazing facility for the Town. c. EDA Bylaws Manager Day asked that the EDA Bylaws be removed from the agenda to continue to work with the EDA with their bylaws. d. Fire Department Position Manager Day referenced the bylaws for the Fire Department that require any new positions go through the governed body for approval and with that, the Fire Department is wanting to hire a volunteer photographer. He stated the County will be taking care of the insurance on the position and talking with Chief Conner, there is no liability at the local level. Vice -Mayor Dawson asked what the benefit or purpose of wanting to have this as a staff position. Manager Day stated he believes it's for recognition, recognition they deserve and earn in each situation that they do, they put their life on the line, and to get those photos out there in the public eye and let everyone know what they do every day. Councilman Reis asked about the training aspect. Manager Day stated it absolutely could be used as a training tool. The motion was made by Councilman Reis and seconded by Councilman Clontz to approve the volunteer position of a photographer for the Town of Pulaski Fire Department. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Page 14 of 18/ November 19, 2024 Brooks R. Dawson- Aye Michael P. Reis- Aye e. Loitering and Camping Ordinance Amendments Manager Day stated the last nine months of his position within the Town of Pulaski has been interesting and eye awakening. He stated he met with Dr. Bissell earlier that day and the Town is looking at ways that we could unite the Police Department and not centralized around any specific social, economic group of people. The Town of Pulaski Police Chief has been in communication with the legal level at the Commonwealth Attorney's office and collaboration with Pulaski County's new appointee, Katie Thompson to help address those four crimes that was mentioned several months ago where he receives complaints from constituents. He stated he knows the Chief and his officers are not in the position to where we want to utilize handcuffs and summons, but we do need to answer the outcry of citizens when there are issues out there, one of the biggest problems is that we have that tie into those relationships with other entities and how do we communicate those relationships after hours when those volunteer groups are not there to where we can offer assistance. He stated if you're not working with the programs out there that we strive and we're using to clean up the community, there are alternatives and these two ordinances will positively help the Town communicate and address the issues the Town is having. He stated these ordinances would have to go to a Public Hearing and asked if the councilmembers had any questions. Vice -Mayor Dawson stated he sees this as just one arm of a multi -armed approach and these two things are pretty specifically pointed towards public space. Manager Day stated it's hard to communicate an ordinance like this without critics or individuals looking at it and not knowing the full background but he assured listeners the intent of these ordinances is tied directly in with the town's allies that are out there that specialize in specific areas. Councilman East stated he feels like it's a positive step in the right direction. Manager Day asked for Council's support to move these two ordinances to a Public Hearing. Councilman Reis stated the language, specifically in the loitering statue is really overbroad, stating `to interfere, impede, or hinder the free passage of pedestrian or vehicular traffic'. He stated he has a neighbors who park their vehicles on sidewalks and streets due to the narrowing of the road. Police Chief, Chief Shumate responded to Councilman Reis' statement stating that violates the Virginia State Code too. Page 15 of 18/ November 19, 2024 Councilman Reis asked what the is the line that's being drawn when cars are parked all over the street and we don't site them. Manager Day stated the objective is not to attack that area, our objective is not to attack any area at all, when we give an individual that we want to help and we say to them, here is an entity, who ever it is, that wants to help you, and we want to work with you in this situation, we can say here's an alternative. The motion was made by Councilman Clark and seconded by Councilman Clontz to move the Loitering and Camping Ordinance Amendments to a Public Hearing. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Nay Manager Day stated the ordinances will be added to the agenda for a future meeting. 12. Board Updates No councilmembers had any board updates to report on. 13. Public Comment Period Mr. Burchett stated he noticed an item was skipped over on the agenda, item 8D, Hogan's Dam. Vice -Mayor Dawson stated modifications were made to the agenda at the beginning of the meeting and we removed that item from the agenda. Mr. Burchett asked if it'll be discussed in the future. Vice -Mayor Dawson stated at this time, it was pulled from the agenda. Manager Day stated we are in the middle of legal negotiations. Mr. Burchett asked what the Town is doing with Hogan's Dam, as the Town just sold it a few years ago, is the Town looking to buy it back? Vice -Mayor Dawson stated there isn't any parts that can be discussed openly at this time and the property itself is still owned by the persons that it was sold to in the past and if warranted, if the need arises, the topic will be brought up in a public manner. Mr. Burchett asked about MacGill Park, an item under the Closed Session for acquisition/disposition. Page 16 of 18/ November 19, 2024 1 Councilman Reis stated that was a Closed Session item, it will not be discussed. Mr. Burchett questioned is the Council not at liberty to let the public know what is being done there. Vice -Mayor Dawson stated when there is information that can be shared publicly. 14. Consent Agenda a. Consideration of October 15, 2024 Town Council Meeting Minutes The motion was made by Councilman East and seconded by Councilman Clark to adopt the minutes as written. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Absent Jeremy L. Clark -Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 15. Council Comments Councilman Clark thanked town staff for the Halloween extravaganza on Main Street. Councilman Reis also thanked town staff for the Halloween event, he stated it's so lovely to be downtown and see it packed with kids and families. He also thanked the businesses and other vendors that were involved, because it couldn't have happened without them. Vice -Mayor Dawson stated presentations, like the one from the Engineering Department, is just the sheer volume of one department, there's so many hands involved and it takes an entire town to accomplish that many things, and still pull off events, that is a tremendous testament of the amount of work town staff is doing. He thanked town staff and Manager day. 16. Manager's Report Manager Day stated council will see monthly reports from each department head and each month a department head will give a presentation at meetings. 17. Reminder of Future Council Meeting a. December 3, 2024 Closed Session 6:00 p.m., Open Session 7:00 p.m. 18. With no further business, Vice -Mayor Adjourned the meeting at 8:45 p.m. Page 17 of 18/ November 19, 2024