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HomeMy WebLinkAbout11-04-20Minutes of the Pulaski Town Council Meeting held at 5:30 p.m., November 4, 2020 in the Council Chambers of the Town Municipal Building at 42 First Street, N.W. The session also featured a general broadcast by Facebook. In attendance were: Mayor: Shannon Collins, presiding Councilmen Present: Brooks R. Dawson, Greg East; Lane R. Penn; James A. Radcliffe; Michael P. Reis Councilmen Absent: G. Tyler Clontz Administration: Darlene L. Burcham, Town Manager Legal Counsel Spencer A. Rygas Staff: David Quesenberry, Clerk of Council Jordan Whitt, Social Media Manager Press: Jen Cardone, WDBJ 7 Others Present Amanda Martin Gary W. Martin 1. Call to Order Mayor Collins called the meeting to order at 5:31 p.m. 2. Roll Call of Council The roll was then called. Present for roll call were Mayor Collins; Mr. Dawson; Mr. East; Mr. Penn; Mr. Radcliffe and Mr. Reis. Absent from Roll Call was Mr. Clontz. With a majority of Council members present a quorum existed for the conduct of business. 3. Modifications to the Closed Session Agenda There were no modifications to the Closed Session agenda. 4. Closed Session Mayor Collins then requested a motion to go into Closed Session for the following matters: two items under Va. Code 2.2-3711 (a) 1, personnel matters concerning appointments to boards and commissions and discussion of prospective candidates for employment; one item under Va. Code 2.2-3711 (a) 3 concerning acquisition of property and disposition of publicly owned real property; and two items under Va. Code 2.2-3711 (a) 7, consultation with legal counsel concerning potential or actual litigation regarding a zoning violation and a code violation. Mr. East moved to enter Closed Session as requested. His motion was seconded by Mr. Dawson and approved on the following roll call vote: Lane R. Penn Brooks R. Dawson Gregory C. East Closed Session began at 5:33 p.m. -Aye James A. Radcliffe -Aye -Aye G. Tyler Clontz -Absent -Aye Michael P. Reis -Aye Page 1 of 8/November 4, 2020 5. Certification of Closed Session Council returned from the Closed Session at 6:54 p.m. Mayor Collins then requested a motion that Council only discussed those items for which it went into Closed Session: two items under Va. Code 2.2-3711 (a) 1 personnel matters concerning appointments to boards and commissions and discussion of prospect candidates for employment; one item under Va. Code 2.2-3711 (a) 3 concerning acquisition of property and disposition of publicly owned real property; and two items under Va. Code 2.2-3711 (a) 7, consultation with legal counsel concerning potential or actual litigation regarding a zoning violation and a code violation. Mr. Dawson moved to approve the requested closed session certification motion, which was seconded by Mr. East and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye Michael P. Reis -Aye 6. Pledge of Allegiance Mr. Dawson then led the Pledge of Allegiance at 7:00 p.m. 7. Invocation Following the Pledge, Mr. East gave the Invocation. 8. Modification of the Public Session Agenda Mayor Collins then asked for a motion to modify the agenda to add two items under "New Business": Item 15d. Resolution 2020-37 Appointment of Jordan Whitt to Pulaski on Main; and, Item 15e., Resolution 2020-38, Resolution Nominating Barry Hale for Re -appointment to the Board of Zoning Appeals. Mr. East moved to amend the agenda as proposed. The motion was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye Michael P. Reis -Aye 9. Guests and Visitors Mayor Collins welcomed both guests and visitors to the meeting, then proceeded to the Public Comment Period. 10. Public Comment Period Ms. Amanda Martin 1101 Lynwood Street addressed Council as the sole speaker for the public comment period. Ms. Martin said she had spoken with Mrs. Burcham and were working on two different scenarios. Ms. Martin said they were present to give Council some information about the property and the land for Council to look over and possibly vote on the issue. The information involved property measurements and different ways to install the driveway. Mr. Reis mentioned that any sale of real estate required a public hearing which needed to be ' advertised ahead of time. He ventured that Council would not have a problem receiving through Page 2 of 8/November 4, 2020 Mrs. Burcham any proposals as far concerning how things would be worked out. He said that Council could only say "yes or "no", but that Ms. Martin could work with Mrs. Burcham to make sure that "it checks all the boxes that we need to have checked" as far as measurements and other things. That would be'something that than Council could provide an answer for. He asked Ms. Martin if that made sense to which she replied "Somewhat, yes". Mr. Reis further explained to Ms. Martin that they were asking Council to sell them a piece of property. Council could not answer a question about as to whether or not Council might sell them a piece of property. They could only as a legislative body either sell them something or not sell them something. Mr. Reis suggested that Ms. Martin provide a description as to what they wanted Council to sell to them. Ms. Martin responded that was what she had. Mr. Reis said that was great and asked that Ms. Martin provide them with the basis of that information. He added that in order for Council to have a vote on it, procedurally as state statute required, Council had to go through that process since real estate was involved for which there were very specific requirements in the State Code. He asked Ms. Martin if that made sense, to which she responded that it made sense. Ms. Martin said she also intended to give a petition that had signatures and comments from Town citizens for Council to look over. Mrs. Burcham said she understood that two options were mentioned and asked Ms. Martin if that was correct. Ms. Martin said that it was. Mrs. Burcham then asked Ms. Martin if she could share details on the second option at this point. Ms. Martin asked if she was referring to purchasing the land or having to move and that she had information on both. Mr. Reis asked Ms. Martin if she minded sharing the information. He added that Council could not vote on the issue tonight but would be happy to hear it to see where things were at so they (Council) could evaluate it. Ms. Martin said she had not been through this before to which Mr. Reis said his intent was to help her understand why there could not be a vote tonight. Ms. Martin said she assumed it would take time. Ms. Martin told Council the house had been measured along with what they felt was a reasonable lot area if a purchase was allowed. If there was not a purchase, there was one place in town that had been looked at, which would be for rent not purchase, along with two other properties in the County. There had been no timeline determined to get the unit moved because they did not know what all would have to be done (e.g. septic etc.). One location did not have septic service so other options were being looked at. Mr. East told Ms. Martin that there was one primary concern concerning the entrance to the property which ran through the eleven acre plot of land. He asked if they were pursuing options and ways to get into that property. Ms. Martin responded that they had and mentioned that she had spoken with Greg Nash who owned the property connected to the lane behind the house. Mr. Nash had spoken with the L.L.C. who actually owned the property and said that they might allow the Martins to put a driveway in so the existing driveway would not have to be used. Ms. Martin said she could provide a drawing if Council wanted to see it. Mr. East responded that Council would like to see any information available. Mr. Radcliffe, mentioning Ms. Martin's previous appearance before Council, reminded her that one of the last things Council told her was to maintain contact with Mrs. Burcham as best as she could with what information she had. He added that they were willing to work with her, but if they did not hear anything from her ......Ms. Martin said she had been keeping in touch with Mrs. Burcham. Mrs. Burcham told Ms. Martin that she needed something by last Friday to send out to Page 3 of 8/November 4, 2020 the Council to prepare them to talk more about the proposal at tonight's meeting. While apparently, Ms. Martin had some of that information, Council was not in a position tonight to really say anything because they did not have the benefit of looking at it. Mrs. Burcham told Ms. Martin that she needed to provide her as soon as possible copies of whatever she had. She added that she had suggested a timeline be provided as to activities done regarding the proposal. The Council would get the information right away so they would be in a better position to react the next time someone wanted to speak to the issue. Mrs. Burcham told Ms. Martin that she had not had any communication from her since Friday a week ago. She added that Ms. Martin could call her, email her or bring her something. Ms. Martin asked how often was Mrs. Burcham to be contacted. Mrs. Burcham responded that she told Ms. Martin a week ago Friday to bring something by last Friday and suggested a weekly basis would be fine. Mayor Collins asked Ms. Martin if she could give the information she brought to this evening's meeting to Mrs. Burcham who told Ms. Martin that Council would get copies of what she had brought. Mr. Radcliffe suggested to Ms. Martin that she create a checklist and check off tasks as they were done so Council would know where they were at. Mayor Collins added that everyone would be on the same page. Mr. Dawson felt it was important, considering whether it was possible to purchase any aspect of that land, that access to that land was pertinent to the proposal. It went, as he described "hand in hand", with everything that had been discussed. He felt it would be impossible to pursue that option without having access to the land. It was a critical piece in the discussion and it would be impossible to look at that proposal without confirmation to figure something out. Mr. Reis suggested that Ms. Martin get in touch with a surveyor even if it turns out one is not needed. If a parcel was sold there was a need to get it surveyed. Given how busy local surveyors were, the sooner she got on someone's list the better. A survey was the kind of thing that Council could vote for. He thought that the Martin's would probably have to go through the survey process in any event. Ms. Martin said she thought had asked Mrs. Burcham about that. Mrs. Burcham reminded Ms. Martin that she told her that she needed to bring to the Council what land was proposed for purchase. The Council would have to say "yea" or "nay" that they were agreeable to this amount of land before a surveyor prepared a plat and gave an appraisal. In the meeting Mrs. Burcham said that contacting a realtor was mentioned and also inclusion of an existing building that the Town owns. Mrs. Burcham said she expressed her view that the Council would not be agreeable to that and that Ms. Martin should, either with a drawing or taking pictures, show how much land they wanted in reference to the residence and let Council see it. If Council thought the amount of land proposed was reasonable, then it could be surveyed. Mrs. Burcham said what she thought Mr. Reis said was that the surveyors were so busy that Ms. Martin may want to get on a list. For example in six weeks or eight weeks, something might need to be surveyed, so you would already be on a list. Otherwise she said, that could mean a delay. She thought if Ms. Martin could tell the Town about the properties they were looking at, not necessarily the addresses, but what was going to be needed there (e.g. one lot required septic) which would also take time to install which would be part of the time period. The Council, Mrs. Burcham explained to Ms. Martin, had repeatedly said they were willing to work with her on the timing of these options if they know what she (Ms. Martin) was doing and how she was Page 4 of 8/November 4, 2020 going about it. To hear nothing back unfortunately would lead the Council to believe nothing was being done. That was why it was important to have regular communication. Council thanked Ms. Martin for bringing them her information. 11. Consent Acienda a. Consideration of October 20, 2020 Council Meeting Minutes Mayor Collins then asked for a motion to consider the minutes from October 20, 2020. Mr. Reis moved for approval. Mr. Dawson seconded the motion which was approved by a unanimous voice vote of Council. 12. New Business a. Agency on Aging Appointments, Resolution 2020-36 Since there was no discussion, Mr. East moved to adopt Resolution 2020-36 as written. The motion was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye Michael P. Reis -Aye b. Naming of Streets in the Town/ Discussion West Main Mr. Reis noted in his work with the Calfee School and T.G. Howard Center, that mention was made that the street had been renamed and he was asked if that had been done. At his request the Clerk had researched the issue with the finding that the Town did not have a street naming ordinance. He noted that the Town was authorized to name streets by state statute, but there was not an ordinance in place. He felt the Town should have an ordinance telling how this would be done. He asked Mrs. Burcham for her thoughts on the issue. Mrs. Burcham said some localities had a street naming policy and a building/facility naming policy as well. After discussions with the Clerk, Mrs. Burcham said she prompted him to survey other communities. She noted she was impressed with the Radford ordinance because of its detail. She asked for some guidance from Council so the Town Attorney could prepare a draft ordinance for future review. Absent a policy there was the possibility for things to "fall through the cracks" as this particular one did and there was a lack of a consistent way that naming was done by a single entity. The survey work clearly indicated that naming was done by the governing body, which might have a public input process or solicit names from interested individuals. She felt that the more that was placed in a policy the clearer it would be in the future and the less confusion there would be. Mr. East agreed the Radford ordinance was the most involved, while Blacksburg's ordinance touched on a lot of the highlights. He observed that other communities, like Pulaski, did not have the process "nailed down" completely. Mrs. Burcham said that at least a number of them made some statement as to who would do the naming without going to the extent of formalizing it in an ordinance or written policy. They were however clearer on who had the responsibility than the Town has been in the past. Mrs. Burcham ventured if a new subdivision came into the area, the developer would submit a site plan including proposed street names. If in the future there was any type of annexation, properties might be acquired that had similar/same names as Town streets which would have to be addressed. Having a policy she concluded was a good idea and it would be a matter of how detailed or how comfortable Council would be with that policy Page 5 of 8/November 4, 2020 Mr. Radcliffe asked if naming the street involved VDOT in some manner. Mr. East said he did not recall any instances. Mrs. Burcham said the Town maintained the roads and clearly had the responsibility for naming streets. There just had to be a designation as to who was involved. Mrs. Burcham mentioned naming portions of a street would be defined as running from one intersection to another. Council did have the authority to name streets. Mr. Dawson said the issue came up with the Calfee School project and that the Council agreed that it was comfortable with the renaming of that street to Corbin -Harmon. He asked if Council needed to back up and get a policy in place and use that policy to name the street. Mr. Reis felt the Council was empowered to vote on it and as a matter of good practice it would be a good idea to impose an ordinance for future changes. There should be a policy for new streets renaming streets, and handling conflicting street names. Mr. East asked if there had been a formal vote on the name change (West Main to Corbin - Harmon Drive). Mrs. Burcham responded there had not and that was the problem. She felt Council could have the vote since they had the discussion and at the time intended for the renaming to happen, but no one had brought forward the required action for Council. She felt there would not be a problem if Council went ahead and publicly took a vote to make that change and have staff prepare a draft ordinance for Council's consideration for future use. She did not feel there was a reason to delay voting on this request because there was discussion in the past and it apparently had Council's support. Following the discussion, Mr. Reis moved to rename that portion of West Main/Magnox Drive from Randolph Avenue to Magazine Street, Corbin -Harmon Drive. The motion was seconded by Mr. Penn and approved on the following roll call vote of Council: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye Michael P. Reis -Aye Council next discussed holiday activities. C. Holiday Activities Given the circumstances of this year, Mrs. Burcham said she had discussions with the Mayor and staff on the practices of the Town pertaining to the Christmas Holiday. She understood that past practice was to have a luncheon and grant the employees the rest of the day off which effectively shut down Town hall, a practice that she did not find was practical. She suggested this year that: (1) the luncheon be cancelled on account of the pandemic; and, (2) that employees be granted half a day off between December 10th and December 22"d. Supervisors could then schedule those times so that the Town could be fully covered. Concerning the presentation of employee service awards, Mrs. Burcham suggested that there could be a special meeting or time taken at a regular meeting to recognize employees. The presentation would be broadcast on Facebook so the public could hear and see how many employees the Town had who had given many years of service to the community. The public would have a chance to see the recognition which she felt would mean so much to the employees to have their presentations done in that manner. Those were her suggestions for this year in light of the pandemic, the monetary situation, and trying to find a better way to recognize those individuals who have given many years of service. Page 6 of 8/November 4, 2020 After a short discussion on the necessity of a motion, Mr. Reis moved to grant a floating one-half day holiday for all employees at the Manager's discretion in December and that one of the Council meetings would be rescheduled to provide recognition of long term employees at an appropriate time. Mr. East seconded the motion which was approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye Michael P. Reis -Aye After the vote, Mr. East asked about an ordinance for the street renaming. Mrs. Burcham suggested that a draft might be ready for the work session. After Council's review, the measure could be put on a December agenda. d. Resolution 2020-37, Appointing Jordan Whitt to Pulaski on Main Following the discussion, Council then considered appointing Jordan Whitt to Pulaski on Main. Mr. Reis moved to adopt Resolution 2020-37 as written. The motion was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye Michael P. Reis -Aye e. Resolution 2020-38, Resolution Nominating Barry Hale for Re -appointment to the Board of Zoning Appeals. Next Council considered the nomination of Barry Hale to the Board of Zoning Appeals. Mr. East moved to adopt Resolution 2020-38 a Resolution Nominating Barry Hale for Re -appointment to the Board of Zoning Appeals, as written. The motion was seconded by Mr. Penn and approved on the following roll call vote: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Absent Gregory C. East -Aye Michael P. Reis -Aye 13. Manager's Report Mrs. Burcham said she had placed at each of their seats a brochure that she had Mr. Whitt develop. The brochure would be put on heavier stock paper and would be distributed out of the Finance Office whenever a new water service or a transferred water service was requested. The brochure listed various places that the customer might need to contact in addition to dates when things were due to the Town. The hope was that this would minimize some of the concerns that had been recently heard from citizens. Mrs. Burcham said the auditors had discussed with her and Mrs. Leeper the UDAG loan fund's place in the restricted fund balance of the Town. After the discussion with the auditors, Mrs. Burcham said she and Mrs. Leeper were comfortable with Council taking an action that would clear up an internal balance in the fund balance of $1,000,000. The current UDAG liability, since it was on the restricted fund balance, totaled $1.22 million. If $1 million were cleared off, there would still be approximately $220,000 in the restricted fund. The funds the Town would receive on roof loans and other loans would go into the UDAG fund. Mrs. Burcham added she saw no need to carry a balance in excess of $1 million that the Town had no intention of repaying. Council would need to decide if it wanted to take action or not this Page 7 of 8/November 4, 2020 evening. She felt it would be prudent to handle it that way since it had the support of the auditors. Mr. Dawson asked if there was any benefit besides cleaning up paperwork. Mrs. Burcham said the amount went from being in a restricted fund of $1.22 million to an unrestricted fund which meant there was greater access to the cash if needed. It also would help Council in its desire to increase the percentage of the fund balance and make it available for a true emergency. As a restricted amount it could not be used for any other purpose, but if it was in the unrestricted balance it could be accessed. Mr. Dawson asked if it was possible to clear up the $1 million amount without making it unrestricted. Mrs. Burcham replied it was not unless the Town wanted to repay it which it had not done or appeared to have intentions of doing so. She explained the UDAG was intended to help with economic development with the goal that it would be replenished as it was used. In reality that had not happened. The numbers years ago were much higher than today, with no expectations on anyone's part that it would be repaid at some point in the future. Since she had just learned about this today, Council might want some time to consider it. The Manager's report then concluded. Mr. Reis said he was comfortable moving the amount, but if everyone else was not, he was happy to wait. Mr. East said he was comfortable with it and was trying to formulate a motion. Mr. Reis asked if the action was essentially reconciling the account. Mrs. Burcham he was correct. Mr. Reis ventured that the current receivables would stay in the account. Mrs. Burcham replied that amount had been carried for years at something over $1 million and that it never really had gone beyond that. It was being carried on the books as a liability, but was called by the auditors "as a change in internal balancing" which was why moving it from restricted to nonrestrictive allowed it to be used if the need arose. After a discussion on the form of the motion and at the suggestion of the Town Attorney, Council elected to get the proper wording for the motion from the auditors before addressing the issue at the next meeting. 14. Reminder of Future Council Meetings and Adjournment There being no further business, Mayor Collins reminded Council of future meetings on November 17th (with the Closed Session beginning at 5:00 p.m. and the public session beginning at 6:30 p.m). Mayor Collins then called for a motion to adjourn. The motion made by Mr. East and approved by the unanimous voice vote of Council at 7:44 p.m. ATTEST: David N. Quesenb Clerk of Council Approved: W. Shannon Collins Mayor Page 8 of 8/November 4, 2020 11 . 1