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HomeMy WebLinkAbout12-17-241 Town Council Meeting Minutes December 17, 2024 1. The Mayor called the meeting to order at 5:00 p.m. and asked for a roll call. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Aye G. Tyler Clontz- Absent Michael P. Reis- Absent Mayor Collins- Aye 2. Modification to Closed Session- No modifications were made. 3. Mayor Collins asked for a motion to enter into Closed Session to discuss the following items: a. VA Code 2.2-3711 (A) 29 (1 item)- Award of a Public Contract Involving the Expenditure of Public Funds i. SHAH Development The motion was made by Councilman Clark and seconded by Vice -Mayor Dawson. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Aye G. Tyler Clontz- Absent Michael P. Reis- Absent Mayor Collins- Aye The following councilmembers, staff, and guests entered into Closed Session: Councilman East, Councilman Clark, Vice -Mayor Dawson, Councilman Radcliffe, Sunshine Cope, Steven Erickson, Joel Burchett Sr, three members from SHAH Development, Town Manager, Todd Day, Town Attorney, Scot Farthing, and Clerk of Council, Ms. Hale. Councilman Reis joined Closed Session at 5:03 p.m. 6:00 p.m. Open Session 4. Oaths of Office for New Councilmembers Pulaski County Circuit Clerk Court, Spencer Rygas sworn in re-elected Mayor, Shannon Collins, and newly elected members of Town Council, beginning on January 1, 2025, Joel Burchett Sr., Sunshine Cope, and Steven Erickson. Town Manager, Todd Day, stated he was looking forward to what the future will bring and thanked Councilman East, Councilman Radcliffe, and Councilman Reis for working together in the past year. Manager Day recessed the meeting until 7:00 p.m. Page 1 of 11/ December 17, 2024 1 1 7:00 p.m. 5. Certification of Closed Session- Mayor Collins asked for a motion that only the following items were discussed in Closed Session: a. VA Code 2.2-3711 (A) 29 (1 item)- Award of a Public Contract Involving the Expenditure of Public Funds i. SHAH Development The motion was made by Councilman Clark and seconded by Vice -Mayor Dawson. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Aye G. Tyler Clontz- Abstained Michael P. Reis- Aye Mayor Collins- Aye 6. Councilman Clark lead the audience in the Pledge of Allegiance. 7. Councilman East gave the invocation. 8. Mayor Collins welcomed all in attendance and viewing online. 9. Modification to Public Session Ms. Hale asked to remove the Filter Plant Update from the presentations, add Item B, VDH Drinking Water Fund under Discussion and also add Item C, Holiday Memo under Discussion. The motion was made by Councilman Reis and seconded by Vice -Mayor Dawson to approve the modifications. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Aye G. Tyler Clontz- Aye Michael P. Reis- Aye 10. Board Updates- No updates were given. 11. Public Hearing a. Loitering & Camping Ordinances Mayor Collins- Aye Manager Day reported that he's had amazing conversations within the last year with people that are in key positions that want to try to help the community and within the Town, there is a situation where we need to reach out some way, at the local level, to assist with the less fortunate. Manager Day referenced when he Page 2 of 11/ December 17. 2024 received a speeding ticket, when he was younger, the Judge offered him to take a Driver Improvement Class rather than fining or penalizing him. He stated he looked at the situation that the court system had a law on the books, but it didn't mean they had to use the law. He reported he has worked with Chief Shumate, the officers at the Police Department, and state governmental agencies, and the Town does not have anything in place to offer assistance when a resident calls that their home has been broken into or that there are people illegally on properties, etc. Manager Day reported there was no recourse that Chief Shumate or his officers have and the code book does not acknowledge any type of way to help, and the last thing the Police Department is looking to do is criminally charge people for camping. He stated he has invited multiple agencies to come together to find a way to help the locality address the situation and not have to use the tactics that will only be reversed. He stated the Police Department is building relationships with the entities and the Town has an oath to uphold the Constitution and these ordinances give the Chief and his officers options when there are no other options to uphold and allow officers communication with entities that can offer assistance to individuals. Manager Day also touched on the loitering ordinance and breaking and entering, stating him and the Chief get calls weekly and that Pulaski, as a Town, is stepping up and trying to create a program where we can offer assistance and have a recourse if individuals do not follow through with the programs offered. The Mayor read the Public Hearing ad that was advertised in The Patriot on December 6th and December 131n The Mayor opened the Public Hearing for Ordinance 2024-12. Jeff Worrell thanked Manager Day for his comments on the ordinances, and that he felt better having heard those remarks, but it does sadden him to see this Council consider ordinances that target the homeless. He stated he wasn't sure how big of a problem it is but he hopes it's not a solution in search of a problem, and if Council wants to pass an ordinance to drive out the homeless from the community, they have a right to do that and other communities have done it, but it doesn't accomplish anything. He stated the problem hasn't been addressed, it's only treated the center and you've made your problem someone else's problem and you will add additional burden to already broken lives. The Mayor closed the Public Hearing as there were no other speakers. i. Ordinance 2024-12 Amending Chapter 70 of the Town of Pulaski, Virginia Town Code to include Article VI, Loitering. The motion was made by Councilman East and seconded by Councilman Clark to adopt Ordinance 2024-12. Page 3 of I I/ December 17, 2024 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- Nay ii. Ordinance 2024-13 Amending Chapter 70 of the Town of Pulaski, Virginia Town Code to include Article VII, Camping on Public Sidewalks and Right of Ways The Mayor opened and closed the Public Hearing for Ordinance 2024-13 as there were no speakers. The motion was made by Councilman Clark and seconded by Councilman Radcliffe to adopt Ordinance 2024-13. 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- Nay 12. Honoring Gregory C. East for his Service as a Member of Town Council Vice- Mayor Dawson read the plaque recognizing Councilman East for his thirteen years of service as an elected official for the Town of Pulaski. Mayor Collins presented the plaque to Councilman East. 13. Honoring James A. Radcliffe for his Service as a Member of Town Council Vice -Mayor Dawson read the plaque recognizing Councilman Radcliffe for his twelve years of service as an elected official for the Town of Pulaski. Mayor Collins presented the plaque to Councilman Radcliffe. 14. Honoring Michael P. Reis for his Service as a Member of Town Council Vice -Mayor Dawson read the plaque recognizing Councilman Reis for his four years of service as an elected official for the Town of Pulaski. Mayor Collins presented the plaque to Councilman Reis. Mayor Collins thanked each member of Council and stated he believes the Town has moved forward in the past few years and he hopes to see it continue on. II. Presentations a. Audit Update- Emily Viers with Robinson, Farmer, & Cox Associates Page 4 of 11 / December 17, 2024 Ms. Viers reported three types of auditors reports and the results of those reports. She first reported on the Independent Auditor's Report, where they state or refine rather the Town's financial statements are materially correct in accordance with generally accepted accounting principals and she reported the Town has a clean, unmodified opinion, which is what we want, which means they think that the numbers as presented are materially correct. The second report is what Ms. Viers referred to as the `yellow book report', which looks at internal controls as well as some compliance -related items that are required to test in accordance with the Auditor of Public Accounts. She reported one item related to internal controls and one material proposed audit adjustment, this does not have to do with day-to-day operations of the Town, as the Town operates on a cash basis. This is mostly getting financial statements to modify in full -of -role accounting and for this year, the material entries related to proposing some accounts receivable that needed to be posted to offset the related expense, that was coming from grant funding or other sources that had not been included. The second item that was noted related to compliance matter, last year there was a management comment that related to chemicals for the water, the chemicals were not procured. Quotes were obtained last year but a formal process was not followed, wherein either sealed bins or RFPs were not requested and didn't go back out to bid again in 2024 so that was moved from a management comment to a finding in the report and hopefully that will get procured in 2025, move it back down to a management comment or get rid of it all together. The third report related to uniform guidance. Since the Town receives and expends more than $750,000 in federal funds, the Town has to undergo a single audit, where program -specific requirements and other overarching uniform guidance federal requirements for all federal funds. She stated typically 40% of the Town's federal funds are tested based on the type of entity the Town is, but because the Town has received so many large and new grants during the year, 95% to 99% were tested. Ms. Viers stated they had no internal control -related items related to the federal programs tested. She reported for the Economic Development cluster, they had to test the quarterly reports that were filed to make sure that those reconciled to the underlying accounting records, which were difficult to match up and make sure they had been reported the way they felt they should have been reported but it's an odd thing to test because the Town does reimbursement based requests for this grant and it would have made more sense had the Town received money up front and then report to the deferral government what was spent. Ms. Viers summarized the income statement for the General Fund, stating the Town had an unusual amount of unusual activity in grants, EDA, and water and sewer funds and also items that were a little different than normal noting the $1.2 Page 5 of I l/ December 17, 2024 million land purchase. She also noted the total revenues for the capital projects has grown slightly at a higher rate than total expenditures and intergovernmental revenue that dropped relating to ARPA funds that went from $1 million to $600,000 which was offset by the increase in urban highway maintenance state money that the Town receives every year. An increase in Community Development was noted which included a $450,000 contribution to Pulaski County that related to the new radio system for public safety. She also noted the increase in `other financing sources' which relates to transfers to other funds, predominantly a $250,000 to the EDA to establish a new EDA fund. Councilman Reis questioned charges jumped from 2023 from $200,000 to $900,00 and asked if that was recategorization. Ms. Viers stated it was for garbage services. She also stated the reserve balance dropped slightly, predominantly to the land purchase and the reserves in the general fund are healthy and strong. Manager Day asked what the fund balance would look like if ARPA funds were removed. Ms. Viers stated it wouldn't affect anything because ARPA funds have been recognized in full to this point. Manager Day thanked staff that has been involved and stated it's nice for the new elected officials to come in with the financials in the black. b. Public Works Department Update- Kim Caudill Ms. Caudill started with the Street Departments updates from November and December. She reported the Street Department has completed leaf collection, ending with twenty-five loads as of the end of November and thirty-one loads in the leaf vac as of the second week in December. There have been some cosmetic clean up in the cemeteries which include cleaning up signs and old posts, collecting brush and downed trees. Other projects for the Street Department included pothole filling, and operating the Convenience Center. Ms. Caudill reported having to continuously repaire the fence around the Convenience Center as it continuous to get broken into. She reported projects with the General Properties Department include the Christmas lights in the park and decorations town wide, within the Vehicle Maintenance Department, she reported routine maintenance on town owned vehicles and winterizing the equipment. Within the Water and Sewer Department she reported continued maintenance on the pump stations with some housekeeping at those stations, a total of fifteen water breaks within November and December and seven problematic sewer calls which require preventative maintenance. She also reported the replacement of two water hydrants that were Page 6 of 11 / December 17, 2024 both hit by vehicles at Food City and Northwood and Prospect, and lastly the beginning of replacing five hundred water meters. Councilman Radcliffe recommended that the new councilmembers tour the various Town Departments so when the budget comes in, they can see how those funds are being distributed and thanked Ms. Caudill for her work in the department. Councilman Reis also thanked the Public Works Department and their response time of getting things fixed when they're reported. He then reported the storm drain, near the newly replaced water hydrant on Northwood and Prospect, is about to collapse. Vice -Mayor Dawson asked how staffing was. Ms. Caudill stated there are three to four openings, which is normal for 2024, but always looking to recruit. 16. Discussion a. Battery Storage Facility Town Attorney, Scot Farthing, reported a Public Hearing was held on November 19th for Peak Creek Energy Storage Center and the Planning Commission had recommended granting a special exception for a battery storage facility located on Monte Vista Dr. Extension, near the AEP substation. He stated their proposal at this point includes 11.5 acres, 20 megawatts fenced in storage facility, using trees as sound buffers along with 11 additional conditions recommended by the Planning Commission. Mr. Farthing suggested some additional conditions and a change that the representative from the energy company made in paragraph 13E about environmental testing; when they decommission or leave, it originally stated a phase two instead of phase one. Mr. Farthing recommended approval from Town Council with the conditions presented to them. Manager Day thanked Mr. Farthing and the Planning Commission for their consideration and work regarding this facility. Councilman Reis questioned the decommissioning security. Mr. Farthing stated a third -party, a professional engineer determines the price, if you decommission the site, the cost is based on recycling the equipment and it's evaluated every five years. As the equipment ages, there's another decommissioning plan done and then they adjust the bond every five years and Page 7 of 11/ December 17, 2024 C 1 when the company applies for the building permit, they have to have that bond in place. The motion was made by Councilman Reis and seconded by Councilman Clark to approve the special use permit as outlined in the document provided by the Town Attorney. 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. VDH Drinking Water Fund Manager Day reported the new water tank is finished but is not online yet due to a pressure reducing valve throughout the system. The Engineering Department applied for a grant through the Virginia Department of Health in the amount of $1,289,000, which was an estimate given by an engineer, and the Town has been awarded full funding. He stated it will be at least a year before the PRVs are installed and located within the system. c. Holiday Memo Manager Day reported to mimic what the County has approved, which would include employees to have an additional days, December 261h and January 2nd off. The motion was made by Councilman Clark and seconded by Councilman Reis to approve the holiday memo, to have December 241h, 251h, and 26th and January Is' and 2nd off for employees. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Aye G. Tyler Clontz- Aye Michael P. Reis- Aye 17. Public Comment Period- No speakers were present 18. Consent Agenda Mayor Collins- Aye a. Consideration of December 3, 2024 Town Council meeting minutes The motion was made by Councilman Clark and seconded by Vice -Mayor Dawson to adopt the minutes as written. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks. R. Dawson- Aye Michael P. Reis- Aye Page 8 of 11/ December 17, 2024 Mayor Collins- Aye 19. Council Comments Councilman Clark congratulated the new council members and thanked the three councilmen leaving. He also thanked Mr. Day and Town Staff for their work this year. Vice -Mayor Dawson stated it's been a pleasure working with Mr. East, Mr. Radcliffe, and Mr. Reis, that he's learned a lot from Mr. Radcliffe and Mr. East when he was elected onto council and really enjoyed getting a chance to hear and know the experiences they have had in those years. He stated it will be a loss not having those councilmen on board and appreciate everything they've done and he looked forward to working with the new members coming on and there is a lot of work to be done in the coming year. Councilman Radcliffe stated there were better days ahead and stated he's enjoyed working with the other councilmen. Councilman Reis thanked the other councilmen for working together over the last four years, stating it hasn't always been fun but it's always been worthwhile and he has a new appreciation for people who work in local government. He stated it's not easy and often thankless and he appreciates all the hard work, effort, and care that everyone has put into this town. Mayor Collins thanked the councilmen, who are leaving, stating they have made his time at the Town a lot easier, and we've not done everything that we wanted to do, it's not as easy as you think it should be and how it should be but we worked and we tried to do it. He stated he looks forward to the three new members joining council and thanked Manager Day for this work within the last year. He also thanked Town Staff and the community for the support. Mayor Collins requested that VDOT check the street light at the elementary school with the leading green in the turning lanes when no one is in the lane to turn. 20. Manager's Report Manager Day thanked and recognized staff for their accomplishments this past year. He also asked Shannon Ainsley to report on a Pulaski on Main update. Economic Developer, Shannon Ainsley reported that Pulaski on Main exists to support revitalization on Main Street and they were notified that they have moved from the entry- level tier of Virginia Main Street, which is a program with DHCD, to the mobilizing Main Street Tier, the second of three tiers. The organization will be a part of a cohort over the next two years, taking part in trainings which will cover nonprofit management, board engagement, and revitalization tools. 21. Reminder of Future Council Meeting Page 9 of 11/ December 17, 2024 u 1 1 a. January 7, 2025 Closed Session 6:00 p.m., Open Session 7:00 p.m. 22. The Mayor asked for a motion to enter back into Closed Session at 8:07 p.m. to discuss the following items: a. VA Code 2.2-3711 (A) 1 (2 items)- Personnel Matters i. Police Department ii. Town Manager The motion was made by Councilman Clark and seconded by Vice -Mayor Dawson. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Aye G. Tyler Clontz- Aye Michael P. Reis- Aye Mayor Collins- Aye 23. Certification of Closed Session- The Mayor asked for a motion that only the following items were discussed in Closed Session: a. VA Code 2.2-3711 (A) 1 (2 items)- Personnel Matters i. Police Department ii. Town Manager The motion was made by Councilman Clark and seconded by Councilman Clontz. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Aye G. Tyler Clontz- Aye Michael P. Reis- Aye Mayor Collins- Aye 24. The motion was made by Councilman Reis and seconded by Councilman Clark to extend Town Manager, Todd Day's contact for an additional five years, commencing on December 17, 2024 to December 17, 2029, with the terms and conditions set forth within his contract. Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye James A. Radcliffe- Aye G. Tyler Clontz- Aye Michael P. Reis- Aye Mayor Collins- Aye 25. With no further business, the Mayor adjourned the meeting at 9:07 p.m. Page 10 of 11/ December 17, 2024