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HomeMy WebLinkAbout04-02-19 Minutes of the Pulaski Town Council meeting held at 7:00 p.m., Tuesday, April 2, 2019 in the Council Chambers of the Town Municipal Building at 42 First Street, N.W. In attendance were: Mayor: David L. Clark, presiding Councilmen Present: Brooks R. Dawson; Gregory C. East; Joseph K. Goodman; Lane R. Penn; James A. Radcliffe Councilmen Absent: G. Tyler Clontz Administration: Shawn M. Utt, Town Manager Nichole L. Hair, Deputy Town Manager Legal Counsel: Spencer A. Rygas, Town Attorney Press Melinda Williams, Southwest Times Mike Williams, PC Patriot Staff Kim Caudill, Adm. Manager, Public Works Chief Robbie Kiser, P.F.D. David Quesenberry, Clerk of Council Rebecca Reece, Finance Director Chief Gary Roche, P.P.D. Others Present: Alaina Akers Gregory Capps Hailey Capps Courtney Cregger Lynn Cregger Elva Dalton Sarah Grim Nina Harrison Teddy Harrison Paula Linkous Mary Martin Rachel Martin Teresa Martin Shannon O'Dell Nancy Quesenberry Zane Quesenberry Nichole Smith Bradley Sutphin 1. Call to Order Mayor Clark called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance The Pledge of Allegiance was led by Councilman Clontz. 3./nvocation The Invocation was given by Councilman Goodman. 4. Roll Call After the Invocation, the roll was taken. Present were Mayor Clark, Mr. Dawson, Mr. East, Mr. Goodman, Mr. Penn and Mr. Radcliffe. Absent was Mr. Clontz. Since a majority of Council members were in attendance, a quorum of Council was present to conduct business. 5. Modification of the Agenda Mayor Clark requested a motion to modify the agenda to add an item under New Business, Item 13a. Virginia Department of Health Waterworks Assessment Fee Summary. Mr. Goodman moved to modify the agenda as requested. The motion was seconded by Mr. East and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye Page 1 of 6/April 2, 2019 6. Recognition of Guests and Visitors Mayor Clark extended a welcome to guests and visitors attending the meeting. 7. Presentations a. P.C.H.S. Lady Cougars Varsity Basketball Team, Resolution 2019-11 Council next recognized the Lady Cougars Varsity Basketball Team for their outstanding 2018-2019 season. Mayor Clark read Resolution 2019-11 which honored the Lady Cougars Varsity Basketball Team for their outstanding season as well as their appearance in the state finals. After reading the resolution, Mayor Clark asked for a motion from Council. Mr. Goodman moved to adopt Resolution 2019-11 "A Resolution Honoring the 2018-2019 Lady Cougar Varsity Basketball Team for Their Outstanding Season". The motion was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye Following the Council vote, Mayor Clark presented the coaches and players with framed copies of the resolution. 8. Public Hearings a. Rezoning Request for 37 South Washington Avenue Next item considered was a rezoning request seeking to rezone 37 South Washington Avenue from B-3 to R-3. Ms. Hair presented the staff report highlighting the request to rezone 37 South Washington Avenue from B-3 Central Business to R-3 Multi-Family Residential. The Planning Commission met concerning the request and recommended to Council that the request be approved, basing their decision on the nature of the neighborhood there. Ms. Hair stated the applicant would like to use the structure as a residential home. Under the B-3 zoning however, only the second floor could be developed as residential. Instead of using the structure for business with a residential component, the applicant desired to utilize it for a residential home. She noted that both she and the applicant, Mr. Teddy Harrison, were present if Council had questions. Ms. Hair clarified that Mr. Harrison owned two additional lots and on the current lot, he could have four units if it were rezoned. If a lot line vacation were done to incorporate the two lots together, he could do up to six units. He would she emphasized, have to conform to the fire code, building code and zoning ordinance, if he chose to do multi-family. Under the R-3 District, he could do single-family, duplex or multi-family residential. Mayor Clark asked if Council members had any questions. Mr. Goodman asked if the applicant wanted to do multiple units. Ms. Hair replied that they had indicated it to staff, but were now just asking for a rezoning based on residential use. Her understanding from the Planning Commission hearing was that the applicant wanted to save the historic character of the home. Council then heard from the applicant, Mr. Teddy Harrison owner of the property. Mr. Harrison said that he had eight separate lots zoned in two parcels. Three units were residential and were never business where the house was located. He added the Future Land Use Map had the parcels listed as residential. He asked if Council had any questions. Mr. Goodman asked Mr. Harrison if he was planning on a multi-tenant property or a single family house. Mr. Harrison replied that he was looking at potentially doing a multi-tenant unit probably less than as six units. He said he would be working with the Planning Commission if he chose that direction. Mr. Goodman asked how many units he had in mind. Mr. Harrison responded that he had looked at four or five units in addition to restoring the house to the way it was. As an investment property, he said he was "leaning toward" four units. Mayor Clark opened the public hearing at 7:11 p.m. and called for comments. Mrs. Elva Dalton said she preferred the property be left residential. There being no further comments, Mayor Clark closed the public hearing at 7:12 p.m. Page 2 of 6/April 2, 2019 Mr. Goodman said he was concerned about the application and its initial mindset of having four or five units. He noted there had been a push to move away from having larger homes becoming multi-tenant properties because of the tendency for the properties to become blighted and not maintained. He added that he could not support an application with the intent of multi-tenants, given the history in the Town, unless it was a single- family property. Mr. East asked Mr. Harrison if he had other properties in the Town. Mr. Harrison said he owned 19 other properties. To address concerns over blight, he said his properties were well maintained by his own construction crew. He said he wanted to keep the historic value and appearance of the house. The property he said would be cleaned up and that it would be well maintained. Mr. Harrison said he owned five properties in the Town and about twelve in the County and that the properties were kept up. Mr. Goodman asked Ms. Hair if that had been generally seen. She replied that it was correct and she added that staff would be meeting with Mr. Harrison after the hearing to discuss the potential for the use of the property. It may be she added, after reviewing the fire code, building code and zoning code, Mr. Harrison would not be able to do four units. That would not be known until after discussions on the development of the property. For example, Ms. Hair said Mr. Harrison would have to meet standards (e.g. lot coverage, parking) which would have to be addressed through the development process, if he were approved to do it. Mr. East moved to adopt the Planning Commission's recommendation regarding the Harrison property on Washington Avenue. The motion was seconded by Mr. Penn and approved by the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye Next item was the public hearing for the Community Development Block Grant. b. Community Development Block Grant-First Public Hearing Mr. Utt reported that as in the past with CDBG grants, two public hearing were required. The first was a general oversight hearing on what could be done or what the public wanted with respect to assistance to low- moderate income persons; elimination of blight; and economic development. This hearing was to see if there was anyone with community input. Mr. Utt said there was the potential for looking at three applications during the fiscal year for: a planning grant to do a Town-wide housing study; the Calfee School project starting with a planning grant with construction to follow; and, the James Hardie Direct Injection Project. There could be more projects if input were received. While there were no limits on the number of applications, there was a limit on the amount of funds awarded to the Town at any one time, which was $2.5 million. Currently the Town was preparing to close out the Kersey Bottom grant ($1 million) that would open up some capacity for the Town. A public hearing was required with an additional public hearing held later for each subsequent grant application specific to that project. Mayor Clark opened the public hearing at 7:16 p.m., receiving no comment, he closed the public hearing at 7:17 p.m. Mr. Utt informed Council that no further action was required. Next item was the Public Comment Period. 9. Public Comment Period No comments were received from the public. Council then moved on to the Consent Agenda. 10. Consent Agenda a. Consideration of the February 27, 2019, Council Meeting Minutes Page 3 of 6/April 2, 2019 Mayor Clark called for a motion regarding approval of the minutes of February 27, 2019. Mr. Goodman moved to approve the minutes. The motion was seconded by Mr. Dawson and approved by the unanimous voice vote of Council. Ib. Consideration of the March 5, 2019, Council Meeting Minutes Mayor Clark asked for a motion concerning the minutes of March 5, 2019. Mr. Goodman moved to approve the March 5, 2019 Council meeting minutes as written. The motion was seconded by Mr. Dawson and approved by the unanimous voice vote of Council. Next item for review was the Project Summary Sheet. 11. Project Updates a. Project Summary Sheet Mr. Utt highlighted several items for Council. Regarding the James Hardie Direct Injection Project, the Town was 90% complete on two funding applications. Consultants were finalizing the EDA and CDBG applications, while the ARC grant had been submitted. A public hearing for the CDBG would be need to be scheduled the first meeting of May. Concerning the Downtown project, Ms. Hair reported that six facades were approved by the ARB with one proposal kept back pending completion of drawings. After consultations with the consultant and DHCD project representative, it was expected that bid documents would go out before Easter. Mr. Utt noted there had not been much movement on the Dora Highway site other than the PSA's inclusion of construction money in their current budget. While not enough to complete the project, it would be enough to get things started. Mr. Goodman asked if there was confirmation that the PSA would provide funding for the project. Mr. Utt said the issue was still up in the air including questions on the PDR funding. Mr. East ventured that the Town still had the same question remaining with spring cleanup. Mr. Utt said he did not know if Mr. Pedigo had spoken with Mrs. Caudill on assigning staff to the brush site behind the Sheriff's Office. Mrs. Caudill said the site was open on Saturdays. Mr. Utt suggested publicizing the site more and issuing a press release. Draper Aden was also working on a conceptual plan on the site through the Brownfields Study (Remediation Grant). Mr. Utt reported that the new fire truck was scheduled to be delivered April Yd. On the skate park, Mr. Utt said the Town had received verbal approval from DEQ and that Draper Aden was starting to work on the design documents. Mr. Utt then asked if Council had any questions. Mr. Dawson asked what draft amount the PSA had for the drop site. Mr. Utt said he did not have an amount and that the County Engineer had told him he was including a portion of funding to get the project started. The County Engineer's initial estimate was in the $520,000 range although Mr. Utt doubted that much money could be put in the budget. He added that he intended to find out what the amount was. Mr. East said in previous discussions he did not remember anything on the order of a half-million dollars. Mr. Utt replied that the current site required removal of a forty foot deep building; relocation of the sewer-vac truck dump station; grading and filling; and a building for staff. The demolition he thought was the biggest portion of the expense. Mr. Goodman asked if some work was to be done on the Town's "dime", should money be put into the budget. Mr. Utt replied that the Town's "dime" would be staff time. Mr. Goodman said a contribution from the Town would help move things along. Mr. Utt responded that the agreement said they (PSA) would provide the service. By trying to do more in the past, the Town may have left the impression that it was allowing itself to do more. In theory the Town's contribution was provision of the land along with some in-kind work. Funding could be put into the budget, but he would rather wait until the PSA asks for it. Mr. Dawson questioned when the project might be done. Mr. Utt responded that it would probably be a year and a half, possibly the end of 2020. Mr. Goodman wondered if there was something the Town could do, Page 4 of 6/April 2, 2019 possibly using equipment to do some of the work. Mr. East felt the Town needed to stay on top of this given his impression that things might not happen over the next four years unless it was "bird dogged". Mr. Goodman asked about the plantings for the cemeteries. Mr. Utt said he knew the bids went out but he would have to find out and put it in the weekly update. Council next moved to the Va. Dept. of Health Assessment Fee Summary. 12. Old Business There were no items scheduled for consideration under"Old Business". 13. New Business a. Virginia Department of Health Asses3ment Fee Summary Mr. Goodman thanked staff for adding this item to the agenda, given the number of inquiries he received and the number of comments on Facebook. Mr. Utt reported that the fee was added in the 1990's by the Health Department to all waterworks operators who provided public water. The fee was a minimum of$400 or was not to exceed $3.00 per connection. The assessment for the Town he noted was normally in the $13,000 range. Town budgets listed the assessment as "State Waterworks Assessment", which had been charged during April billings for nearly twenty years. Mr. Utt said the funds collected were a "pass through" at a rate of$2.95 per connection. Proceeds from the assessment were paid once a year. Mr. Goodman asked what the fees paid for. Mr. Utt replied that the funds were applied towards the training of waterworks operators. If an employee went to a certification course, the cost of the course was paid out of these fees. A similar fee assessment was involved with building permits, but was charged on each permit rather than on a one-time basis. Mr. Dawson asked if all localities passed it through. Mr. Utt replied as far as he knew they did adding that he found the assessment listed in other communities' budgets. The Town could absorb the cost but he felt it was better to charge it. Mayor Clark said the only change he found was the issue being on Facebook. He added that in the past, he had received questions on the fees from citizens. Council next moved to the Closed Session. 14. Closed Session Mayor Clark then requested a motion to enter Closed Session for 2 items: one item under Virginia Code 2.2- 3711 (A) 7, consultation with legal counsel pertaining to actual or probable litigation regarding a zoning application; and, one item under Virginia Code 2.2-3711 (A) 8, consultation with legal counsel concerning a marketing services agreement. Mr. Goodman moved to enter Closed Session for the two items. The motion was seconded by Mr. Dawson and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye Council entered Closed Session at 7:35 p.m. and returned from Closed Session at 8:58 p.m. Mayor Clark asked for a certification motion that Council only discussed those two items for which it went into Closed Session: one item under Virginia Code 2.2-3711 (A) 7, consultation with legal counsel pertaining to actual or probable litigation regarding a zoning application; and, one item under Virginia Code 2.2-3711 (A) 8, consultation with legal counsel concerning a marketing services agreement. Page 5 of 6/April 2, 2019 Mr. Goodman made the certification motion, which was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye 15. Reminder of Future Council Meetings and Adjournment. Mayor Clark noted there would be a Council budget meeting on April 9'h at 6:00 p.m. and a Council work session on April 16th at 5:00 p.m. In addition there would be a community development discussion on April 13th at 8:00 a.m. at the Senior Center. With no further business to be conducted, Mayor Clark then requested a motion to adjourn. The motion to adjourn was made by Mr. Goodman seconded by Mr. Radcliffe and approved by the u - ••••=- voice vo = • Council at 9:00 p.m. Approve• -vid L. Clark Mayor ATTEST: A(2.,.//7 David N. Quesenberry Clerk of Council Page 6 of 6/April 2, 2019