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HomeMy WebLinkAbout09-17-19Minutes of the Pulaski Town Council Work Session held at 5:00 p.m. Tuesday, September 17, 2019 in the Council Chambers of the Municipal Building at 42 First Street, N.W. In attendance were: Mayor: David L. Clark, presiding Councilmen: G. Tyler Clontz; Brooks R. Dawson; Gregory C. East; Joseph K. Goodman; Lane R. Penn; James A. Radcliffe 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: Chief Robbie Kiser, P.F.D. Rebecca Leeper, Finance Director Bill Pedigo, Town Engineer David Quesenberry, Clerk of Council Chief Gary Roche, P.F.D. Others Present: Srikanth Nathella Dr. John B. White 1. Call to Order. The meeting was called to order at 5:00 p.m. by Mayor Clark. 2. Roll Call. Following the call to order, the roll was taken. Present were: Mayor Clark, Mr. Clontz, Mr. East, Mr. Dawson, Mr. Goodman, Mr. Penn, and Mr. Radcliffe. With all members of Council in attendance, a quorum was present for the conduct of business. 3. Modification of the Agenda. Mayor Clark asked for a motion to add an agenda item to the Closed Session under Va. Code 2.2-3711 (A) 5, discussion concerning prospective business regarding "Project Apex". The motion was made by Mr. Goodman, seconded by Mr. Clontz and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye 4. Guests and Visitors. Mayor Clark thanked those present for attending the meeting and extended recognition and thanks to the guests present for their attendance. 5. Consent Agenda. a. August 20, 2019, Council Work Session Minutes. Mayor Clark moved on to the Consent Agenda and called for a motion to approve the minutes of the August 20, 2019 Council work session. Mr. Dawson moved to approve the minutes. His motion was seconded by Mr. Penn and approved by a unanimous voice vote of Council. Council next conducted a series of public hearings concerning VDOT and Rural Development funding applications. Page 1 of 9/September 17, 2019 6. Public Hearings. Mr. Utt noted that the VDOT hearings had been divided up into three projects due to VDOT's decision to fund projects in the $200,000-$300,000 range. Mr. Utt then provided a brief description of the projects. a. Transportation Alternatives (STBG) Project -West Main Pedestrian Improvements -North. The first project was the north side of West Main Street extending from N. Jefferson Avenue to N. Washington Avenue. Referring to the map on a PowerPoint presentation, Mr. Utt noted the project cost would be approximately $280,000. Included in the project would be curb cuts and new accessibility standards under the Americans with Disabilities Act (ADA). The Town would receive points for the project since the existing aggregate sidewalk did not meet ADA standards. b. Transportation Alternatives (STBG) Project -West Main Pedestrian Improvements -South. The second project involved the south side of West Main Street between N. Jefferson Ave. and N. Washington Ave. Mr. Utt said the project cost was just shy of $300,000 and would consist of the same improvements as the previous project with an extra transition for the "pocket park". c. Transportation Alternatives (STBG) Project -West Main to Dora Trail. The final project would proceed south down Washington Avenue beginning at the bridge/former BB&T area with more ADA accessible curb cuts. Mr. Utt said the project would seek to move the crosswalk north from the Maple Shade, which would be equipped with a flashing warning light, and away from the intersection of Dora Highway. As part of the project, an ADA accessible railroad crossing would also be installed by Norfolk Southern crews with the cost being billed back to the grant. Mr. Utt said that there would have to be three public hearings, one for the West Main North Project; one for the West Main South Project; and, one for the Washington Avenue/Dora Highway Project. Mayor Clark opened the public hearing for the Transportation Alternatives (STBG) Project- West Main Pedestrian Improvement -North at 5:06 p.m. No comments being received, the public hearing was closed at 5:06 p.m. Mayor Clark then opened the public hearing for the Transportation Alternatives (STBG) Project- West Main Pedestrian Improvement -South at 5:07 p.m. No comments being received, the public hearing was closed at 5:07 p.m. Next, Mayor Clark opened the public hearing for Transportation Alternatives (STBG) Project- West Main to Dora Trail at 5:08 p.m. Having received no comments, Mayor Clark closed the public hearing at 5:08 p.m. Mr. Penn asked if approval of the project applications would be all made at one time or separately. Mr. Utt responded that there were three separate resolutions that were later in the agenda under the "Legislative" section. Mr. Dawson said he thought that the Main Street work currently underway included sidewalks. Ms. Hair responded that the Town applied for a grant to do sidewalks but was turned down. The Town would do 15 facades, some wayfinding signage, the pocket park and a couple of crosswalks. Mr. Utt said the Town was told that the $600,000 sidewalk project was over the VDOT project threshold. He added that VDOT did assist the Town with the phasing or split of the STBG projects. Mr. Dawson asked if this would be matching money. Mr. Utt responded that it would be 80/20. Mr. Penn asked about plantings for the sidewalk. Mr. Utt said they would be part of the project but that he expected the sidewalks to remain ten feet wide. Mr. Penn then asked about crosswalks. Mr. Utt said the question was whether to use "dry lay brick", stenciling over the pavement, or concrete. He expected the stenciling would be the least expensive option. To Mr. Penn's inquiry on brick, Mr. Pedigo said they did not wear well and required maintenance. Mr. East asked about the existing plantings to which Ms. Hair said that remained to be determined. Mr. Utt said once funding was received, it would have to be determined what could be done. Page 2 of 9/September 17, 2019 d. Rural Development Grant Application for a Police Vehicle. Mr. Utt then briefed Council on the Rural Development Grant Application. He noted that in the past the Police Department applied through RD for a 55% grantl45% local funds to obtain a vehicle. With this grant, Mr. Utt said the Town was putting in for two vehicles because the grant was up to $25,000 which would account for two of the three vehicles sought this year. A public hearing he said was required. Mr. Goodman asked if it would be a loan for payment. Mr. Utt replied it was a grant with the Town's portion covered by CIP money. Mr. Radcliffe asked if the grant would cover any of the narcotics vehicles. Mr. Utt said no that the vehicles would be for patrol. Mayor Clark asked how many times this had been done before. Mr. Utt thought about five, to which Chief Roche said that at one time a person in the department had made prolific grant applications but had left the department. RD funding for police vehicles was stopped, but had since resumed. Mayor Clark called the public hearing to order at 7:13 p.m. for the Rural Development grant application for a police vehicle. Mr. Utt said the application was for a grant not a loan. There being no further comments, Mayor Clark closed the public hearing at 7:14 p.m. Mr. Utt said there was a resolution for the grant later in the meeting for Council's action. Council next heard a presentation on Brownfields Programming from Dr. John White of Draper Aden Associates. 7. Presentations. a. Brownfields Program Briefing, Dr. John B. White, Draper Aden Associates. Dr. John B. White gave a presentation to Council concerning the Town's participation and achievements in the Brownfields Redevelopment Program. He described the programs as a catalyst whose purpose was to get real estate moving by easing anxieties regarding properties. Dr. White then reviewed the three previous brownfield grant programs in the Town and highlighted several individual projects under each of the grant programs. As an example of a current project, Dr. White reviewed the proposal for repurposing the General Chemical site into a recreation area. The Town's work with brownfields he said had brought the Town recognition and noted the Town's receiving of the Community Economic Development Award from the Virginia Economic Developer's Association. It had also brought opportunities for partnerships with agencies such as the Virginia Economic Development Partnership, the Department of Environmental Quality, and local groups such as the Friends of Peak Creek. The Town had also been successful leveraging funds from the Virginia Brownfields Restoration and Economic Redevelopment and Assistance Fund for a total of $417,150 to date, with $100,000 pending for FY 2020. The total investment over ten years was estimated at $25,000,000, the majority (81 %) of which was private in nature. Dr. White said that there was the intent to apply for a fourth grant and that the Brownfield Task Force would meet the fourth Wednesday to discuss potential projects. Mr. Utt said regarding the grant application for EPA Grant 4, staff would be coming back to Council with more information as the deadline approaches. Dr. White ventured that the deadline would probably be around Thanksgiving. Mr. Dawson asked what the funding gap was on the basketball project. Mr. Utt replied that to do everything that was desired, the funding gap was $500,000. He listed several entities from which potential funding could be sought. There being no further discussion, Council then moved on to an update on the Filter Plant. Page 3 of 9/September 17, 2019 8. Public Operations a. Filter Plant Update Mr. Utt mentioned his efforts the previous week to contact Council to request formal permission to fund demolition work at the Filter Plant. The work however did not take place and he asked Mr. Pedigo to provide Council with the details. Mr. Pedigo said the contractor had looked at the filter the previous Friday and increased his price over 30%. Mr. Pedigo said both he and the consulting engineer did not feel comfortable with the situation and ended discussions with that contractor. Prices were being sought from another contractor to do both the demolition and the installation work. The plant he reported was running fine so far. Mr. Penn asked if the Town still did not know how much repairs would cost. Mr. Pedigo answered that he still did not know, but with the contractor's upcoming visit, he might have an idea tomorrow. Mr. Goodman asked if it would be reasonable to expect the price would be under $50,000. Mr. Pedigo said he hoped it would be in the $30,000 range. Mr. Goodman asked if action was required, what amount would be needed. Mr. Utt observed that all parties appeared comfortable with $35,000, which was a good number in his opinion. Mr. Goodman asked where the funds would come from. Mr. Utt responded that there were two directions but it would be from the Water Fund. There were funds available from the Consultant's line item and from reimbursements from the Brookmont Project. He expected the final cost to come in around $200,000. He requested $35,000 from Council for the present. Mr. Goodman moved to authorize the Town Manager to spend up to $35,000 from a Water Fund sub -fund as determined and as necessary for the demolition. Mr. Penn seconded the motion which was approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye Council then considered a request for setting public hearing dates for a zoning application. b. Public Hearings Request for Zoning Application. Ms. Hair said the Town had received an application for a special exception for 37 West Main Street. The applicants were asking to operate a recreational/amusement establishment at that property. Staff was requesting that a Planning Commission public hearing be set for October 21 ST and a Town Council public hearing for November 5th. Mr. Utt said the location was the former pawn shop. Mr. Goodman asked if the group was the same one that had done an arcade elsewhere. Mr. Utt replied that there was a virtual reality arcade that was approved, but the principals behind this application were not the same. Ms. Hair said that it was the West Main Group under a different L.L.C. for this building. Mr. Goodman asked if there would be two centers on the street. Ms. Hair said no, that the current application was for LaserTag and AirSoft on the second floor of this building. Mr. Utt added it was for a different kind of recreational use. Mr. Goodman asked if the request limited itself to the second floor. Ms. Hair replied no, that the use could be conditioned should the Planning Commission and Town Council make that determination. Mr. East said that in light of the special exception requests received recently, he wanted to be sure that the requests were being viewed in light of the "bigger picture" of where we wanted to be as a town. Although there was a Comprehensive Plan that was broad in nature, it was important to know where we wanted to go. He added that as these special exception requests were received piecemeal, it was easy not to look at the main goal. Mr. Goodman added that he did not want Main Street to turn into a big arcade. Page 4 of 9/September 17, 2019 Ms. Hair added that the staff report would reference the Downtown Master Plan. This location was in that corridor which had been studied with respect to economic vitality. Mr. Goodman moved to follow staff's request to schedule the appropriate hearings for the Planning Commission and Town Council as outlined. 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 -Aye Gregory C. East -Aye James A. Radcliffe -Aye Council next considered various resolutions from the earlier public hearings. 9. Finance No issues were scheduled for consideration. 10. Legislative a. Resolution 2019-26, Adoption of Covenants Required by Rural Development. Mayor Clark said that the resolutions completed action on the public hearings done earlier. He called for a motion on Resolution 2019-26, Adoption of Covenants Required by Rural Development. Mr. Goodman questioned if the resolutions could have been adopted under one motion. Mr. Utt explained it could have been done if they were placed under the Consent Agenda, but that was not desired since they would have come before the public hearings. Mr. Rygas suggested that they be done individually and referenced by number. Mr. Goodman moved to adopt Resolution 2019-26 as proposed. 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 -Aye Gregory C. East -Aye James A. Radcliffe -Aye b. Resolution 2019-27 Resolution Requesting VDOT Establishment of Transportation Alternatives Project- West Main Pedestrian Improvements -North. Mr. Goodman then moved to adopt Resolution 2019-27 as proposed. 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 -Aye Gregory C. East -Aye James A. Radcliffe -Aye c. Resolution Requesting VDOT Establishment of Transportation Alternatives Project -West Main Pedestrian Improvements -South. Mr. Goodman moved to adopt Resolution 2019-28 as proposed. 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 -Aye Gregory C. East -Aye James A. Radcliffe -Aye Page 5 of 9/September 17, 2019 Resolution 2019-26 A Resolution Agreeing to Adopt and Abide by All Covenants Required by Rural Development for Procurement of a Police Vehicle WHEREAS, the Governing Body of the Town of Pulaski, Virginia, consisting of seven members, in a duly called meeting held on the 17th day of September 2019 at which a quorum was present RESOLVED as follows: BE IT HEREBY RESOLVED that in order to facilitate obtaining financial assistance from the United States of America, United States Department of Agriculture, Rural Development (the Government) in the development of a purchase of a police vehicle to serve the community, the Governing Body does hereby adopt and abide by all covenants contained in the agreements, documents, and forms required by the Government to be executed. BE IT FURTHER RESOLVED that the Town Manager of the Town of Pulaski, Virginia be authorized to execute on behalf of the Town of Pulaski, Virginia the above -referenced agreements, documents, and forms and to execute such other documents including, but not limited to, debt instruments, security instruments, and/or grant agreements as may be required in obtaining the said financial assistance. FURTHER RESOLVED, that this Resolution is hereby entered into the permanent minutes of the meetings of this Town Council. This resolution is effective upon adoption and is hereby adopted this 17th day of September 2019 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye Attest: ZLa David N. Quesen rry Clerk of Council THE TO F PULASKI, VIRGINIA By: David L. Clark, Mayor CERTIFICATION I hereby certify that the above Resolution was duly adopted by the Governing Body of the Town of Pulaski, Virginia in a duly assembled meeting on the 17th day of September 2019. Clerk of Council Page 6 of 9/September 17, 2019 d. Resolution Requesting VDOT Establishment of Transportation Alternatives Project -West Main to Dora Trail. Mr. Goodman then moved to adopt Resolution 2019-29 as proposed. His motion was seconded by Mr. Clontz and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye Council then moved on to the appointment of VML voting delegate(s). 11. Public Utilities No matters were on the agenda for review. 12. Safety There were no items listed on the agenda for discussion. 13. Human Resources a. Appointment of VML Voting Delegate(s). Mr. Utt noted that this issue came up every year. He said the VML Conference was coming up on October and they had requested that Council formally appoint a voting delegate for the Town. In the past he said, the Mayor had been the delegate if he attended the conference. Mr. Goodman volunteered since he had to attend the meeting to give a presentation regarding Police Department transports. Mr. Radcliffe moved to have Mr. Goodman to represent the Town. The motion was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Abstain Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye Council then moved on to the Round Table Discussions 14. Round Table Discussion Mayor Clark asked Council members if they had any comment. Mr. Penn and Mr. Dawson had no comments. Mr. East noticed that the Christmas lights were on and asked if there was some way to lock or cage the electrical box to deny unauthorized access. Mr. Utt thought that people were turning the breakers on to plug their phones in, which turned everything else on. Mr. East expressed concern over the public having access to an electrical panel and felt it also invited persons to "set up camp" in the park. Mr. Goodman suggested putting up signs (that the park was closed after dark). Mr. Rygas suggested putting a charging block in the gazebo. Mr. Goodman felt if the park was signed, that would give a more solid basis to remove persons as well as to prevent camping. Mr. East also noted that the Dora Trail Extension was in rough shape especially in the vicinity of Heritage Park due flooding. He thought that it would be beneficial to pave that part of the trail. Mr. Utt said he would ask Ms. Van Noy on the paving potential. He asked Mr. Pedigo if paving had been priced out. Mr. Pedigo replied that they had but cautioned that the velocity of the streamflow would take the paving away. When asked by Mr. Utt about concrete, Mr. Pedigo said it could be used but would have to be deep enough. Mr. East hoped there was something that could be done since the current surface was not very accommodating. Mr. Pedigo said that he could have a crew smooth the surface out. Page 7 of 9/September 17, 2019 Mr. Clontz mentioned a recent editorial in the Roanoke Times that was complementary of Pulaski and encouraged those persons at the meeting to read it. Mr. Radcliffe complemented Fire Marshal Todd Garwood for his dedication and hard work in his position. He asked the Fire Chief to relay to Mr. Garwood his thanks and appreciation. He also complemented the members of the Finance Department for their high quality of service when he recently has stopped by their office. Mayor Clark noted that it was Constitution Week and read the following proclamation for the record: "Whereas, September 17, 2019 marks the two hundred and thirty-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and, Whereas, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and, Whereas it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and, Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designation September 17 through 23 as Constitution Week; NOW, THEREFORE 1, Dave Clark, Mayor of the Town of Pulaski, Virginia hereby proclaim September 17-23 to be Constitution Week in the Town of Pulaski, Virginia and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. IN WITNESS WHEREOF, I have hereunto set my hand on this seventeenth day of September in the year of our Lord two thousand nineteen. Dave Clark, Mayor Town of Pulaski Mayor Clark also noted the Town had received the Lynn Caldwell Award from the New River Conservancy for work on the Peak Creek Corridor. He also highlighted the Virginia Economic Development Award which led to the SEDC Award both of which had been received by the Town. He thanked everyone who had worked on the Town's behalf to receive these rewards. In addition, both Mayor Clark and Ms. Hair noted the Town sponsored booth at Bristol's "Rhythm & Roots" festival, an internationally known music festival. After all comments were received, Council moved to the Closed Session. 15. Closed Session Mayor Clark requested a motion for Council to go into Closed Session for three items: one item under Va. Code 2.2-3711 (A) 1, a personnel matter regarding the Town Manager's contract; one item under Va. Code 2.2-3711 (A) 5, concerning a prospective business or industry where no previous announcement has been made regarding "Project Apex"; and one item under Va. Code 2.2-3711 (A) 8, consultation with legal counsel concerning the Grant Writer's contract. Mr. Goodman moved to enter Closed Session for the three issues. The motion was seconded by Mr. Clontz and approved on the following roll call vote: Page 8 of 9/September 17, 2019 1 1 1 Lane R. Penn -Aye Brooks R. Dawson -Aye Gregory C. East -Aye Joseph K. Goodman -Aye G, Tyler Clontz -Aye James A. Radcliffe -Aye Council entered Closed Session at 6:01 p.m. and returned from Closed Session at 7:35 p.m. Mayor Clark asked for a certification motion that Council discussed only the three items for which Council went into Closed Session: one item under Va. Code 2.2-3711 (A) 1, a personnel matter regarding the Town Manager's contract; one item under Va. Code 2.2-3711 (A) 5, concerning a prospective business or industry where no previous announcement has been made regarding "Project Apex"; and one item under Va. Code 2.2-3711 (A) 8, consultation with legal counsel concerning the Grant Writer's contract. Mr. Goodman moved to certify the Closed Session. The motion was seconded by Mr. East and approved on the following roll call vote: Lane R. Penn -Aye Brooks R. Dawson -Aye Gregory C. East -Aye Joseph K. Goodman -Aye G. Tyler Clontz -Aye James A. Radcliffe -Aye Mr. Goodman then moved to approve a revised contract for 12 months for grant writing services to Mill Creek Creative, subject to final review by the Town Attorney. The motion was seconded by Mr. Clontz and approved by the following roll call vote: Lane R. Penn -Aye Brooks R. Dawson -Aye Gregory C. East -Aye Joseph K. Goodman -Aye G. Tyler Clontz -Aye James A. Radcliffe -Aye 16. Future Meetings and Adjournment Mayor Clark mentioned the Calfee School Cleanup, as well as the annual Guns N' Hoses charity softball game on Saturday, September 21St as well as the upcoming Council meeting on October 1St. There being no further business, Mr. Goodman moved to adjourn the meeting. The motion was seconded by Mr. Clontz and approved by unanimous voice vote of Council at 7:38 p.m. ATTEST: David N. Quesenberry Clerk of Council ,r Mayor Page 9 of 9/September 17, 2019 Cla