Loading...
HomeMy WebLinkAbout11-06-19 Minutes of the Pulaski Town Council meeting held at 7:00 p.m., November 6, 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: 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 Staff Chief Robbie Kiser, P.F.D. Rebecca Leeper, Finance Director Bill Pedigo, Town Engineer David Quesenberry, Clerk of Council Chief Gary Roche, P.P.D. Others Present: Kellen Campbell Kim Edmonds Julien Fuller Andrea Greene Jason Greene Jacob Hale Colette Hash Elaine Hawkins Mickey Hickman Robert Hubble Janet Johnson Arthur Meadows Adam Parker Jordan Perrson lan Turbyfill Walter White Jill Williams Kathy Young 1. Call to Order Mayor Clark called the meeting to order at 7:00 p.m. 2. Pled_qe of Alle_piance The Pledge of Allegiance was led by Councilman Dawson. 3. Invocation The Invocation was given by Councilman East. 4. Roll Call After the Invocation, the roll was called. Present were Mayor Clark, Mr. Clontz, Mr. Dawson, Mr. East, Mr. Goodman, Mr. Penn and Mr. Radcliffe. All members of Council were present which established a quorum to conduct business. 5. Modification of the Aqenda There were no modifications to the agenda. 6. Reco_qnition of Guests and Visitors Mayor Clark thanked the audience for attending the meeting and expressed his appreciation for their time and interest in the proceedings. Council then moved on to hear a presentation concerning the Calfee School initiative. Page 1 of 12/November 6, 2019 7. Presentations a. Ca/fee Training School CDBG Planning Grant Project, Dr. Michael "Mickey"Hickman, Board Chair Dr. Hickman spoke to Council about the exciting movement in Pulaski centered on the renovation of the Calfee School. As an alumni of the school, Dr. Hickman spoke of the great atmosphere and culture at the school and the great educators and professionals who created a foundation that served him well during his own college experience and life. Referring to the slide presentation, Dr. Hickman provided a brief summary of the school's history from its beginning in 1894 through 1966. The structure also served as a head start and a primary school. Following its educational uses, the school served as the administrative offices of Magnox. Dr. Hickman credited the work on the building by Magnox with saving the structure. Dr. Hickman also spoke of the historical context of the school particularly in regards to the efforts of Dr. Percy Corbin and Dr. Chauncey Harmon who, with the assistance of future Supreme Court Justice Thurgood Marshall, sought to secure equal pay for Afro-American teachers. He proposed that one purpose of the refurbished school would be to keep alive the memory and promote the awareness for all people of these events. Dr. Hickman emphasized the excitement among the school's alumni that their school would be "resurrected" and brought back to "thrive and serve a usefui purpose". He then reviewed the four goals for the Calfee School Project, which were; transforming the abandoned structure into a community and cultural center; honor Calfee Training School's legacy; increase awareness of local African-American history; and provide child care options to Pulaski County. Noting the role of and activities in the Train Station, Dr. Hickman said there was thought for a similar role for the Calfee School as a community event/cultural center. Board members had toured facilities in other communities and were excited with what might be done with the Calfee School. With respect to childcare, he said it was a great thing for children to be using the facility again, which he found very heartening. In honoring the school's legacy, Dr. Hickman suggested that commemorating the teachers who taught at the school could be done through naming classrooms in their honor and displaying photographs so visitors could see "what the building once was and what it meant". Dr. Hickman then told Council about the various grants sought for childcare facilities. He said that the grant's emphasis on assisting low and moderate income students would ensure that the facility would be available to all regardless of different circumstances and incomes After mentioning the assistance that had been received, the many meetings and the involved persons who helped create a great project, Dr. Hickman mentioned some work that had gone into preserving the legacy of former Calfee students. Interns had interviewed alumni and recorded their stories which would be part of a future presentation. In addition, a play, entitled Quiet Courage, had been written about the work of Dr. Chauncey Harmon which was to be perFormed this weekend at Jubilee Christian Church. After reviewing the formation of the Calfee Board of Directors and the work on the current CDBG grant, Dr. Hickman expressed his appreciation for the help and assistance provided by the Town and County. He requested that Council consider changing the name of Magnox Drive to Harmon-Corbin Drive to commemorate and promote the legacy of Dr. Chauncey Harmon and Dr. Percy Corbin. Following these remarks, Dr. Hickman asked if there were any questions. Mr. Radcliffe remarked about the history that the project had uncovered. He complemented the group for their efforts but was apprehensive about the project taking two years. His hopes were that the project could be completed sooner so many of the older alumni could enjoy it. Dr. Hickman replied that they would move as fast as they could and that the building would be open at least until the heavier construction started. He added that the structure was in remarkably good shape. Mr. Radcliffe said that he could have inmate labor ready to help with cleaning when needed. Page 2 of 12/November 6, 2019 Dr. Hickman thanked Council for the time to speak and for their assistance. He remarked how excited the communities were that had a special interest in the school and how heartened they were by this project. Mr. East asked about the process for the street name change. Mayor Clark said a motion was needed to direct staff to take the appropriate steps to move the process forward. Mr. Utt said staff would be looking for direction to develop the necessary paperwork. To Mr. East's question on the address, Mr. Utt said that in 2009 the street name was changed by the Planning Commission from Magnox Way to West Main Street. Since there was a question as who had the authority for the change, in theory the name remained Magnox Way. Following the presentation, Council next conducted public hearings on an alley vacation request and a special exception. 8. Pu61ic Hearinqs a. Alley Vacation Request, 592 Prospect Avenue Mayor Clark noted the first public hearing was a request for an alley vacation at 592 Prospect Avenue. Mr. Utt said Ms. Hair would present the staff report. Ms. Hair reported that the Town had received a request to vacate an alley adjacent to 592 Prospect Avenue. The alley was located to the left of the property, where the driveway was located and along the rear lot line which was used for garden space. The alley was undeveloped and had been the subject of discussions concerning access for utilities with adjoining neighbors. Staff recommended maintaining a public utility easement along the right-of-way of either 15 or 20 feet in width. No comments had been received and the property owners (Jason and Andrea Greene) were present to answer questions. Mr. Goodman said the only concern he had was maintaining access to the water tower in the event of collapse or demolition. If there was access from the rear street (Monroe) then it was not an issue. Ms. Hair said they had not heard from the Schwartz's (owners of the tank) or any of their representatives. Mr. Goodman felt that it was Council's responsibility to see the parcel was not landlocked. Mr. East asked about the utility easement. Ms. Hair said the easement would allow the Town access to get there if needed. With respect to utility easements, Mr. Goodman asked what was specifically recommended by staff. Ms. Hair recommended maintaining a 20 foot utility easement over the entire alleyway right of way. Mr. Goodman then asked if that would make any issues as far as using the property. Ms. Hair responded that structures could not be built over the easement, but it could be paved over. Mr. Utt added the major effect the action would do would close the applicant's driveway off from public access. Mr. East asked if the twenty foot easement was agreeable and if that worked for the applicanYs intentions. Mr. Greene understood if they wanted to place a garage in the driveway that would not be allowed. Ms. Hair said that was correct and further there were setbacks to consider. Mr. Utt suggested that the public hearing be convened. Mrs. Green showed pictures of the property to the Council. Mayor Clark opened the public hearing at 7:35 p.m. Following a short review of the pictures, Mr. Greene said that there was another alley way beside their neighbor's driveway on 5'h Street that went to the tower. He felt there were two driveways and asked if that was still an access to reach the tower, even if their way was closed off. Mr. Utt said staff could find out and that it would take some more research. A short discussion then ensued with Council reviewing plats and satellite photos to determine the location of the alleys. Mr. Dawson ventured that the applicanYs interest was to have a closed structure there. Mr. Greene responded they would like the option and that the alley may limit their ability to sell their house. Mrs. Greene added they could not have a carport; get their car out of the weather; or have something over the car when it was parked. Mr. Goodman noted that a special exception for a setback would not give enough for a carport. Page 3 of 12/November 6, 2019 Mrs. Green asked if the tower could be accessed from the lower alley below them since it did go to the gates at the tower. Mr. Goodman said he noticed that and that area appeared kept up. He asked if there were any utilities there. Ms. Hair said there was an overhead line there. Mr. Pedigo said there were utilities on that lot which were for fire protection for the furniture plant. He added that the structural integrity of the tank needed to be determined. Mr. East suggested that more research needed to be done. The Greene's invited Council to tour the property. Mayor Clark closed the public hearing at 7:43 p.m. Mr. Goodman moved to table the issue until the work session and direct staff to come back with more information so they could make a decision. 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 R. Radcliffe -Aye Council next considered a special exception for 37 West Main Street. b. Special Exception Request, 37 West Main Street Ms. Hair reported that the Town had received a request for a special exception for a game room at 37 West Man Street, The Planning Commission met on October 215t to review the request. They recommended to Town Council that the request be approved with four conditions which were: (1) the building shall be in conformance with state and local Building and Fire Regulations to the satisfaction of the Pulaski Building Official and Fire Marshal; (2) the property was to be maintained in a clean, sanitary, and sightly manner; (3) this special exception was valid for a period not to exceed 24 months from the date of issuance of a Certificate of Occupancy. A new special exception must be obtained to extend the use beyond this 24-month period; and, (4) the special exception was valid for the applicant only and was not transferrable. She added that the owner/agent Mr. Critchfield could not be present, so Mr. Jordan Persson was present to speak to the request. Following the report, Mayor Clark opened the public hearing at 7:45 p.m. Mr. Jordan Persson then addressed Council as follows: "Good evening, 1'm Jordan Persson. I'm here with these guys right here lan, Jacob, and Kellen. And we're here with Next Level Arena and we're looking to put in an AirSoft center in the top of 37 West Main Street. So the biggest reason why we wanted to do this is because the carrying costs for that building is over$1,400 per month. And based from what we've /earned from our first renovations on West Main Street, going through the process of getting the architect, getting the contractors and getting all that stuff squared away, consfrucfion on the building is probab/y not going to start until after two years. So, what we are waiting to do is while we are renovating the space, we don't want the owner, Steve Critchfie/d to pay these costs to carry the building. So we are looking to put in an AirSoft arena in the bui/ding. So why AirSoft? So we want Next Leve/Arena to be a destination business. This business wou/d be the on/y indoor AirSoft within Southwest Virginia. The closest one I could find on-line was in Knoxvil/e, Tennessee and peop/e travel from all over the country to p/ay fhere. The primary consumer base wou/d be millennials, which is a group we hope to attract to this area and let them see this town and hopefully be more interested in this town. And then once construction begins on 37, then we would be ab/e to see if our business was successfu/and then we cou/d re/ocate to another empty structure somewhere in the town; and renovate thaf and continue expanding our business. And like Nichole said we're looking to do this for 24 months as we expect that to be the minima/amount of time to get the construction going." Page 4 of 12/November 6, 2019 Mr. East asked, concerning the condition involving the Fire Marshal and Building Inspector, if those two persons had looked at the structure. Ms. Hair responded that she was not sure if they had been in yet. Other staff had been in the structure. Since it had been recently vacated, she felt it would be safe. However with the change of use, there could be other requirements. Mr. Utt added he was not sure the area exceeded what he thought was the required square footage of 10,000 sq. ft. (for requiring sprinklers). Mr. Persson said both floors of 37 West Main were 13,000 sq. ft. in area. Mr. Utt said he thought the second floor was 6,400 sq. ft. which was under the restrictions. Mr. Goodman asked about the occupancy ratings. Mr. Utt responded that was addressed as part of the Certificate of Occupancy process. Mr. East, mentioning previous conversations and expressing appreciation to the applicants, said he had concerns over the vision for the town. This had been discussed previously with respect to special exceptions. As this request was considered, he encouraged Council to think about the possibilities when there was a game room environment on Main Street. Mr. East said in light of the town putting three-quarters of a million dollars in grant money in Main Street, the dynamics of Main Street could be considerably changed negatively or positively. He felt that as special exceptions were received, they should not be taken lightly and an effort should be made to really understand the vision of the town, where it was trying to go and did it fit with that overall vision. At this juncture, Mr. Goodman raised a point of order that that Council was in the public hearing section and should ask questions from the first part. Mayor Clark asked Mr. East if he had any specific questions. Mr. East replied that he did not, but felt he understood the concept of what was being proposed. Mr. Goodman asked since comments were made about a gaming center, would they do more than AirSoft or just AirSoft. Mr. Persson responded that it would be AirSoft only. Mr. Goodman asked if there were no plans for arcades or pool. Mr. Persson replied that since it would only be for 24 months, they were trying to gauge the interest on AirSoft. They could move off of Main Street and expand elsewhere after they get a feel for their clientele. Mr. Radcliffe asked if research had been done on the safety of the building as far as what it would take for fire suppression. He noted that there had been a couple of businesses that had "put the cart before the horse" and had not been able to afford it because of the cost in bringing it up to different standards. Mr. Radcliffe asked what it would cost before the project went too far. Mr. Utt said the Fire Marshal and Building Official would tour the buildings. He added that according to his knowledge of the Fire Code, the square footage for requiring sprinklers had not been exceeded. Concerning occupancy, he would have the Fire Marshal and Building Official do the walkthrough. Mr. Dawson asked about the activities in the building with AirSoft. Mr. Persson said the activity would be in the upstairs which would be remodeled to have more barriers. Customers, age 15 and over, would rent AirSoft guns or use their own in a variety of tactical games similar to paintball. Mr. Dawson then asked about the hours of operation. Mr. Persson said under consideration were Friday, Saturday, and Sunday with possibly later hours for Friday from 5:00 p.m. to 9:00 p.m. On weekends, possible hours would be from 10:00 a.m. to 8:00 p.m. With discussion concluded, Mayor Clark closed the public hearing at 7:53 p.m. Mayor Clark noted that AirSoft was different from the normal arcade. Safety gear was required and there was expenses involved for renting equipment which would change the dynamics of persons who would go there as compared those who went to a regular arcade. Mr. Dawson asked when a property was brought to the Town for a zoning exception or a zoning change, should a review with building inspectors or fire marshals be done prior to the process to allow the property owner to learn if what they wished to do was possible before going through the process. Ms. Hair said in the absence of Mr. Critchfield, she thought they had been in the building before his purchase, but she could not Page 5 of 12/November 6, 2019 say for certain. Mr. Dawson said in general that would be the process before moving forward. Ms. Hair replied that efforts were made to educate potential buyers. Mr. East added that the recommendations of the Building Official and Fire Marshal should be included in the information on the recommendation given to Council. Mr. Goodman suggested it should be done before any expense was incurred by the applicant. Mr. East completed his earlier comments asking simply if Main Street was the proper place for this endeavor. He also expressed his uncertainty if it fit with the vision for Main Street. Mr. Goodman commented that there were short and long term visions for Main Street, with the long term vision looking at more retail on Main Street. Right now there wasn't much and it was going to take time to get to the desired vision. The applicants offered a way to get more people to Main Street on the weekend for up to two years. He observed they were not asking for a permanent request or a long term request but for two years to determine if their business was sound, then relocate. Mr. Goodman felt the request was reasonable and that with only two years involved, he did not see any problems with the vision or interference with long- term plans. It also gave the applicants a chance to look at a business that could grow elsewhere in the community for the long term and attract millennials and other people to the Downtown. Mr. East asked if Main Street was the proper place to be used as an incubator for a business whose repercussions of that type of business on Main Street were not understood. He questioned what it was going to attract; the number of people it was going to attract; the hours that would be dealt with; and residential space on Main Street. Mr. East said he had businesses expressing concern with people and activities on Main Street after hours. He felt there were other issues that needed to be clarified and that he was not convinced to blindly accept this special exception without fully understanding the potential repercussions. Having looked at it, he said it may be a bad idea. Mr. East asked what would happen after two years. He suggested the Town help the applicant find a more suitable location. Mr. Clontz said they gave a reason and that there was literally no detriment. Mr. East felt that was a matter of opinion. Mayor Clark said that there was something that was said as to the applicant's desire to use this location and referred to Mr. Clontz. Mr. Clontz said that a long term goal was sought, but it was expected that someone would do that right now. The applicants were trying to do that by looking to the future to provide a way to get to that long term goal. The applicants wanted to put more apartments up there (37 West Main), which was the goal. The application was a way to get to the point to put those apartments there and test the viability of the business. If it was viable, then at the time apartment construction begins, they wanted to move to another location and provide a business for our town to bring people in. Mr. East said his understanding was that an untested business would be put on Main Street in hopes of raising money to refurbish the building. Mr. Clontz said Mr. East did not hear what the applicants said and that the purpose was to cover costs to get to the period of construction. He added that the applicants were looking at opportunity zones, grants and grants that the Town looked at to get the construction done. A short discussion ensued between Mr. Clontz and Mr. East over the time involved for progress. Mr. Radcliffe said the decision was what did the Council want the Downtown to look like. Mr. Clontz asked if he still wanted it to be empty. Mr. Radcliffe responded that he didn't want it empty but he was not sure a game room would be a draw. Mr. East added that special exceptions were special for a reason. They were not included in the regular zoning because it was considered the right thing for the Town. He suggested that great consideration had to be given as to why a use was a special exception. Mr. East felt it was not the right thing to issue them casually especially with regard to Main Street. Mr. Dawson asked about the sound issue and how loud would it be. Mr. Persson responded the equipment was not very loud with probably the most noise caused by footsteps of the players. He was not sure how well the sound would carry between the walls. Page 6 of 12/November 6, 2019 Mayor Clark noted the previous business in the structure was a use that was not preferred across from the Courthouse. The people who bought the structure intended to put it into the Downtown Project properly, but it was costing them $1,400 per month to make the payment. Mayor Clark said the real bottom line for him was that a way was sought to make the payments while work proceeded on the grants for the project. Mr. East said he fully understood that but that was a known when the building was purchased. Mr. Goodman said he saw an opportunity to have a business and an attraction on Main Street. He said he was not one to say no to a business on Main Street and emphasized that his own business at one time was an unknown on Main which turned into a long term business. He added that he was for business on Main Street and felt the applicants had a good idea. He then began a motion to approve the request. Mr. East said he was opposed to special exceptions on Main Street. At this juncture, Mayor Clark stopped discussion and ruled that Mr. Goodman had the floor. Mr. Goodman moved to approve the applicant's special exception request in line with the recommendation from the Planning Commission. The motion was seconded by Mr. Clontz. Mr. Utt informed Council there was a draft ordinance available for Council's consideration which included the four conditions as Attachment A. Mr. Goodman apologized and then withdrew his motion. He then moved to adopt Ordinance 2019-10 as proposed. The motion was seconded by Mr. Clontz with action on the motion ending in a tie vote as follows: Lane R. Penn -Nay Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Nay James A. Radcliffe -Nay Mayor Clark said the vote came back to him since there was a tie and that he voted "Aye". The Mayor's vote resulted in Ordinance 2019-10 being approved by the following vote: Lane R. Penn -Nay Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Nay James A. Radcliffe -Nay Mayor Clark -Aye Council moved on to the "Public Comment Period". 9. Public Comment Period Since no comments were received from the public, Council moved on to the Consent Agenda. 10. Consent Aqenda a. Consideration of the October 1, 2019, Council Meeting Minutes Mayor Clark asked for a motion to approve the minutes of October 1, 2019. Mr. Clontz moved to approve the October 1, 2019 Council meeting minutes as written. The motion was seconded by Mr. Radcliffe and approved by unanimous voice vote. Next item for review was the Project Summary Sheet. 11. Proiect Updates a. Project Summary Sheet Mr. Utt said the Calfee School Project had now been added to the list and that he was available to answer questions. Mr. Dawson asked about the work with Draper Aden on the Convenience Center with respect to how much funding was coming from the Town and how much from the Public Service Authority (PSA). Mr. Utt said the Draper Aden work was coming from the brownfields grant. Mr. Utt said he spoke with Mr. Linkous and decided that it was better to have a final Phase 2 study of the area. With the Town owning the property and the PSA operating the site, the study would set the baseline as to what was there before the PSA began Page 7 of 12/November 6, 2019 operations so in the future spills of substances could be identified. Funding was from grant funds. Mr. Utt added that they were waiting on a state brownfields grant to be approved. Environmental work would be complete by possibly January or February. The County was working on the design services for the layout, which they would fund. The Town's responsibility was to bring the site up to a point where it could be used. Mr. Goodman asked for updates on the Brookmont Project. Mr. Utt said that there had been a conference call with the state about the Filter Plant issue when discussions moved to grant funds. With the cost of the Brookmont Project estimated to be $2,000,000, Mr. Utt said there was a CDBG grant available for up to $2.5 million for construction ready projects, which this project would qualify for. It might be that the Town could have a $2.5 million grant instead of a $2.5 million loan. Mr. Utt said more information should be available by the end of the month. Mr. Utt said he had met with Mr. Linkous of the PSA and discussed options. While previous discussions on the project mentioned the Town getting rid of 4 tanks and three pump stations, Mr. Utt said the County would be able to get rid of two or three tanks and give the it the capability of feeding the Town's East End system, which they can't do now. Through this proposed setup, the County could theoretically provide backup service for 80% of Town customers. The engineer had been requested to determine, using what had been finalized, the Town's portion of the cost and the County's portion of the cost to provide to the state to see if it was grant eligible. Mr. Goodman felt it should be grant eligible since it was an effort between the County and the Town. Mr. Utt said that was what made it grant eligible since it was a regional project of $2.5 million. Mr. Dawson, mentioning the County's earlier reluctance to tie into that line, asked if the County had agreed to tie into the line at this point. Mr. Utt replied that the County was going through a planning process to identify future water and sewer extensions. They were interested in making the connection but was not sure the route that would be taken. Mr. Goodman asked when something would come to Council for them to act on. Mr. Pedigo said the engineer would finalize the design and options which would then be brought to Council. Mr. Utt added that it was his goal to have something by the December legislative meeting, possibly the work session to address the consent order. Regarding the Downtown Project, Mr. Penn asked what would be done about the trees. Ms. Hair said at the last management team there was discussion on taking the trees out. Mr. Utt added there was discussion on removing the trees, planting new ones or not having any. He said he would like to work the trees in with the sidewalk project through the VDOT grant, since most of the sidewalk would be removed. Some members of Council said there was an improvement noticed when trees on other areas of Main were removed. Mr. East asked about how work was progressing with deadlines and contractors with the Downtown Project. Mr. Utt said there had been talks with the contractors who felt they could pull together some pricing which would be brought before the next management team for approval. Ms. Hair said the goal was to have the contact negotiations done by mid-November. Mr. East asked about the number of contractors. Ms. Hair responded there were two: one for the facades and one for the public spaces. Mr. East then asked about deadlines to which Ms. Hair responded that things were "on track". Ms. Hair said she was in regular contact with DHCD (Mrs. Rumley). In addition she and Mr. Utt had met with the Regional Commission as a reminder they were under task to get the project completed by October 1 S� (2020). Mr. East thanked them for their efforts. Council next moved on to "Old Business" regarding financing options for the Public Safety Building. 12. Old Business a. Public Safety Building Financing Options Mr. Utt referred to the Packet Summary which compared the two financing options for the middle school and the former Lee Jeans building. Page 8 of 12/November 6, 2019 One funding option was the Virginia Resource Authority (VRA) Pooled Bond Program which funded capital projects from around the state. Based on the Commonwealth's credit rating, the Authority's Triple-A bond rating resulted in lower interest rates which currently was 2% for a thirty year term. The second funding option was the USDA Community Facilities Loan Program through Rural Development. Noting that the Town had not done a community facilities loan in a while, Mr. Utt said the term of the loan was 40 years at a 3% interest rate. He expressed doubt about funding a structure for 40 years unless it was new. Forty years was a long time to fund renovations, but extra payments could be done if that was the choice. Mr. Utt said the primary difference between the two financing options was interest paid. The forty year term resulted in almost twice the interest due to its longer term and higher interest rate. He felt that the VRA program was the most appropriate use of funds despite its higher payments. Given the retirement of the Hardie debt, there would be approximately $270,000 available for debt service. Considering the payments required and the $270,000 from the former Hardie debt, a funding gap of approximately $150,000 would remain. Ways to address the gap were revenue increases, budget savings, and new investment. Also mentioned was the sale of the current Fire Department. Mr. Utt mentioned that some developers had mentioned placing a restaurant in the former fire house. He estimated that one average sit-down restaurant might generate $60,000 thereby bringing the funding gap down to $90,000. Mr. Utt said conversations with Council were necessary on what options it wished to explore regarding financing the structure. Mr. East opined that a 40 year term was a "non-starter". Mr. Goodman observed that 30 years was generational debt and he was not in favor of taking it out that long. He felt that it would take away from future generation's ability to develop and invest in the Town. Another concern of his was the costs associated with a proposed boundary adjustment. Mr. Goodman said that the Town was putting itself in a risky situation with financing this amount of money. While he wanted a new facility, he found the numbers "scary". He agreed with Mr. East on a forty year term and asked if opportunities for grants had been pursued. Mr. Utt replied that regarding grants, Rural Development had a $100,000 grant tied to the $9 million loan. FEMA grants could be applied for but thought that the situation of the Town (100 year old firehouse, location in a flood plain) would not result in any FEMA money. Mr. Goodman suggested, referring to the middle school, that tax credits could offset some of the cost as well as grants from large entrepreneurs in the West. He felt that getting a shorter term loan was contingent upon getting grants to get the cost down. The Town did not have the assets the County had to spread out the cost for a twenty year loan. With respect to tax increases, Mr. Goodman said he felt the public would not favor it. Mr. Dawson said that he felt there were some "tremendous" changes in the budget with the Train Station, fire truck, Brookmont Project, and salaries. He felt that first that there was a need to have a strong understanding what affect they would have on the budget as large scale changes to the finances of the Town were considered. Secondly he felt it was important to look at the $270,000 that will be saved. Mr. Dawson felt it should not be spent, but set aside for the future. Finally, since the Town budget was almost to the point of "doilar in, dollar out", the Town had the opportunity to lower its expenses by $270,000 a year. Additionally by "nickel and diming" the budget, he proposed that the Town could into go debt by that same amount. As long as the Town spent every dollar it got, things would never be done. He felt there needed to be a search for more and not just look for a way to break even. Mr. Radcliffe said every year that the public safety building was discussed, the delay cost more money. He proposed that Council: (1) zero in on a location for the structure; (2) determine what the best fit is; and, (3) zero in on the financing. Mr. Goodman suggested that a meeting might be needed on this issue and mentioned the serious nature of the numbers involved. Mr. Dawson said the conversation should be on how to do it and do it the right way. Mr. Radcliffe asked about getting a tour of the facilities (middle school, Lee Jeans). Page 9 of 12/November 6, 2019 Mr. East suggested addressing the issue involved an active recruitment of new businesses since that hadn't been looked at. He emphasized that the Town could not "walk out on a financial ledge" and that it needed to actively pursue business and not just talk about it. With discussion concluded, Council moved on to "New Business". 13. New Business a. Ca/fee Community & Cu/tura/ Center CDBG Management Team Appointments, Resolution 2019-37 Mayor Clark noting that he was a nominee for the management team, turned the meeting over to Vice-Mayor East for this particular item. Vice-Mayor East then asked Mr. Utt for his report. Mr. Utt said there were three additional names to be added to the nominees in the resolution. They were: Karen Brown, Dr. Festus Ojomo and Dr. Karenita Ojomo. All three he said had expressed a strong desire to participate in the project. The resolution he explained established the management team for the CDBG project and showed the state that there was independent oversight regarding development of the project. Staff recommended approval of the resolution as amended, with the three additional names. Vice-Mayor East called for such a motion which 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 R. Radcliffe -Aye Vice-Mayor East turned the meeting back to Mayor Clark, after which Council received a report from the Town Engineer on the water level at Gatewood Dam. b. Gatewood Dam Water Leve/and Drought Concerns, Bill Pedigo Mr. Pedigo reported that with the current drought, the water level hit a low in October. The level had dropped to low of 11.5 ft. but with recent rains had improved to 9.5 ft. which was no cause for concern. Mr. Pedigo said discussions among staff had proposed the idea that thresholds be set for water usage, due to the vagueness of the current ordinance. Mr. Pedigo reviewed the history of the reservoir noting that the lowest water levels occurred in November and December and usually came up after winter snow and rain. In November 1991 the level was down 14.7 feet which by December was up to 9 feet down, which showed how fast the levels could rise. The lowest reading was in 1956 at 18 feet. The problem he said was the reservoir was so steep that when water was lost it was in orders of magnitude. The real question he said was how much water was there. At full pond, there was about 300 days of water using about 4 million gallons per day of flow coming out. If the level was down 10 feet, there was about a 190 day supply of water; at 20 feet down there was a 90 day supply and at 30 feet down, a 40 day supply. Mr. Pedigo suggested a policy that when water levels were 10 feet down, monitoring would be done weekly with reports submitted to Council. At 15 feet down, voluntary measures would be put into effect and the public informed. At 20 feet down, mandatory measures would be imposed. Mr. Utt said that staff could come up with written policies for Council's consideration. The Drought Declaration he said was an eye opener and hopefully there would be a wet winter. However if the drought continued, the 20 foot problem could be real and the Town wanted to have a game plan in case that happened. Mr. Clontz asked about Hogan's. Mr. Pedigo responded that the issue with Hogan's was if Gatewood drops it also drops. If the water at Hogan's dropped below the first intake, then there is no effective way to get the water out and get it to the pump station. Mr. Goodman asked if that was the result of work that was done when it was sold. Mr. Pedigo responded not really that it was designed to feed the water plant by gravity and Page 10 of 12/November 6, 2019 that had been done away with. Mr. Goodman stated that the Town owned the water but could not use it. Mr. Pedigo responded that it could be used but if the level fell below the first intake level it was not usable. In addition there was not a tremendous amount of volume there to begin with. Mr. Utt said in the future having the County connection was going to assist the conversation since they pulled from Claytor Lake. In the meantime, the Town needed a game plan if the situation arose in the future. Mr. East asked about conservation before switching (to the County). Mr. Pedigo replied that there were several measures that could be done and that they could come up with criteria (for water use). Mayor Clark asked when something could be brought back to Council to put something in place. Mr. Utt suggested the November work session. Mr. Goodman asked about the cost of getting water from the County and if that would reduce the costs of running the Town's plant. Mr. Pedigo said that using water from the County was an emergency situation. For them to maintain the demand was not feasible. Mr. Goodman had a question for the County as to how long could they provide service. With discussion concluded, Council then considered the EDA Grant Application for the James Hardie Direct Injection Project c. EDA Granf Application for James Hardie Sewer Direct Injection Project, Resolution 2019-36 Mr. Utt said the resolution finalized the authorization for him to sign the final Economic Development Administration (EDA) grant application for the James Hardie Direct Injection Project. He added that the Town had been awarded the Appalachian Regional Commission (ARC) grant pending reception of other grants. The Town had applied for the Community Development Block Grant while the EDA Grant would be the final grant application for the project. The gap between the grants and the project cost could be filled either by a DEQ project or James Hardie. The EDA grant was the largest grant applied for with a $1,000,000 award. Mr. Goodman moved to adopt Resolution 2019-36 as proposed. Mr. East 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 R. Radcliffe -Aye Council then discussed the special event street closure process. d. Discussion of Special Event Street Closure Process Mayor Clark said there was some question regarding the last event on Main Street and it seemed appropriate to discuss the process so Council members could answer questions from citizens. Mr. Goodman said he requested this item be placed on the agenda in response to a complaint. Mr. Utt said in the case of a private event, the Town left it up to the event coordinator, in this case West Main Development, to notify those who would be impacted. Ms. Hair reached out to Luke Allison of the West Main group and received an email on the measures taken to contact the affected businesses. In this case, Mr. Utt thought the complainant was there part time and may have missed the notifications. The process he felt was good and it was just a matter of seeing no one "fell through the cracks". Mr. Utt speculated that the signage may not have shown the alley was open. Mr. Goodman suggested some form of signage be placed out ahead of time. Mr. East felt like good communication was essential and businesses could be notified by email. Mr. Utt said the Town relied on Pulaski on Main to do this. Mr. East felt it was best to keep the businesses engaged and the Town should step up. Page 11 of 12/November 6, 2019 Ms. Hair responded that she had talked with Pulaski on Main and with Luke Allison the event coordinator for West Main to review the process. She said that Pulaski on Main had hand delivered invitations to businesses about the event and notified them of the street closures. Mr. East replied he was not talking specifically about this event, but generally the Town should notify businesses of events and keep them in the loop. Mr. Goodman mentioned changes in the state code where businesses could seek to recoup the cost of lost business from localities for events. He said that the Town could not entirely rely on event coordinators because of the financial liability to the Town, but had to get the message out. Council next entered the Closed Session. 14. Closed Session Mayor Clark then requested a motion to enter Closed Session for one item under Va. Code 2.2-3711 (A) 7- consultation with legal counsel concerning litigation in reference to a zoning violation. Mr. Goodman moved to enter Closed Session. 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 entered Closed Session at 8:57 p.m. and returned from Closed Session at 9:39 p.m. Mayor Clark asked for a certification motion that Council only discussed the single item for which it went into Closed Session under Va. Code 2.2-3711 (A) 7- -consultation with legal counsel regarding litigation in reference to a zoning violation. Mr. Goodman moved to certify the closed session. The 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 15. Reminder of Future Council Meetinqs and Adiournment. Mayor Clark reminded Council of upcoming scheduled meetings. There being no further business, Mayor Clark requested a motion to adjourn. The motion to adjourn was made by Mr. Goodman, seconded by Mr. Clontz and approved by the unanimous voice vote of Council at 9:40 p.m. � Approve � David L. Clark Mayor ATTEST: David N. Quesenberry Clerk of Council Page 12 of 12/November 6, 2019