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HomeMy WebLinkAbout03-02-211 1 Minutes of the Pulaski Town Council Meeting held at 6:00 p.m. Tuesday, March 2, 2021 in the Council Chambers of the Municipal Building at 42 First Street, N.W. The meeting also featured a general live cast to the public via the Town's Facebook page and participation of some persons via Zoom. In attendance were: Vice -Mayor: Brooks R. Dawson, presiding Councilmen Present: G. Tyler Clontz; Lane R. Penn; James A. Radcliffe; Michael P. Reis Councilmen Absent: G. Tyler Clontz; Mayor Shannon Collins; Greg East Administration: Darlene L. Burcham, Town Manager Legal Counsel Spencer A. Rygas, Town Attorney Staff: Brady Deal, Econ. Development/Zoning Administrator Gregory C. East David Quesenberry, Clerk of Council Michael P. Reis Jordan Whitt, Social Media Manager Others Present: Luke Allison Kevin Conner Tom Hager Ryan Hendrix Jill Williams 1. Call to Order Vice -Mayor Dawson called the meeting to order at 6:00 p.m. 2. Roll Call of Council The roll was then called. Present for roll call were; Mr. Clontz; Mr. Dawson; Mr. Penn and Mr. Radcliffe. Absent was Mr. Clontz, Mayor Collins and Mr. East. With a majority of Council members present a quorum existed for the conduct of business. 3. Modifications to the Closed Session Agenda Vice -Mayor Dawson noted there were no modifications to the Closed Session agenda. 4. Closed Session Vice -Mayor Dawson then requested a motion to go into Closed Session for the following three matters: one item under Virginia Code 2.2-3711 (A) (3) discussion of acquisition or disposition of publicly held real property regarding an easement; one item under Virginia Code 2.2-3711 (A) (7) consultation with legal counsel pertaining to actual or probable litigation concerning a zoning violation; and, one item under Virginia Code 2.2-3711 (A) (8) consultation with legal counsel concerning a zoning provision. Mr. Reis moved to enter Closed Session as requested. His 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 -Absent Michael P. Reis -Aye Closed Session began at 6:02 p.m. Page 1 of 9/March 2, 2021 5. Certification of Closed Session Council returned from the Closed Session at 6:57 p.m. Vice -Mayor Dawson then requested a motion that Council only discussed those three items for which it went into Closed Session: one item under Virginia Code 2.2-3711 (A) (3) discussion of acquisition or disposition of publicly held real property regarding an easement; one item under Virginia Code 2.2-3711 (A) (7) consultation with legal counsel pertaining to actual or probable litigation concerning a zoning violation; and, one item under Virginia Code 2.2-3711 (A) (8) consultation with legal counsel concerning a zoning provision. Mr. Penn moved to approve the requested closed session certification motion, which was seconded by Mr. Reis 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 -Absent Michael P. Reis -Aye 6. Pledge of Allegiance At 7:00 p.m., Mr. Radcliffe led the Pledge of Allegiance. 7. Invocation Following the Pledge, Vice -Mayor Dawson gave the Invocation. 8. Modification of the Public Session Agenda No modifications to the Public Session Agenda were required. 9. Guests and Visitors Vice -Mayor Dawson welcomed those guests who were present and those who joined the meeting online. 10. Public Hearing for Calfee Community & Cultural Center CDBG Council next conducted a public hearing for the Calfee Community & Cultural Center's application for a CDBG Grant. Ms. Jill Williams made the presentation. Ms. Williams updated the Council on the status of the adaptive reuse of the Calfee Training School. The project's goal was to renovate the school to house: child care services; a computer lab; a museum; a commercial kitchen; and both event and office spaces. A future Council meeting would be needed to authorize the Town Manager to submit the CDBG grant proposal in which the Town will request $1.5 million from the Dept. of Housing and Community Development (DHCD) which will join proposals to other agencies seeking a total of $1 million. In addition the Pulaski Redevelopment and Housing Authority was authorized to donate the property, valued at $313,000, to the initiative once construction was completed, as an impact match. The remainder of the project would be funded by historic tax credits and private donations and grants. The CDBG was intended to: renovate 4,542 square feet of the structure for the Lucy and Chauncey Harmon Learning Lab (early childhood education facility); renovate 2,340 square feet for the Dorothy DeBerry Venable Digital Learning Lab; retain 64 full time job equivalents (FTE) through offering childcare; and create 14 FTE jobs at the CCCC. Regarding project benefits, Ms. Williams noted that 97 children would have access to high quality child care; 14 jobs would be created at the CCCC; and there would be a means to address food issues throughout the community. Additional funds could also be leveraged for construction funds and childcare subsidies. Information could be accessed on the projects website: calfeeccc.org. The presentation then concluded. Page 2 of 9/March 2, 2021 Vice -Mayor Dawson asked if there were any questions from Council. There being none he opened the public hearing at 7:08 p.m. With no comments received, the public hearing was closed at 7:08 p.m. a. Resolution 2021-04, Authorization to Apply for CDBG Funds Following the hearing, Mr. Reis moved to approve Resolution 2021-04 as written. The motion was seconded by Mr. Radcliffe 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 -Absent Michael P. Reis -Abstain 11. Public Hearing -Planning Commission Case 2021-02ZA-Zoning Amendment Reauest by Pulaski Development, L.L.C.-Agent-Kevin Conner As the next item on the agenda, Council conducted a public hearing on Planning Commission Case 2021-02ZA, an application for a zoning amendment by Pulaski Development, L.L.C. Mr. Deal provided a staff report to Council. He informed Council that the Town had received a Zoning Amendment request from Pulaski Development, L.L.C., Kevin Connor, agent, to add light industrial uses as special exceptions to the B-1 District. Uses considered for addition to Section 4.8-2-2 as special exceptions to the B-1 Limited Business District included cottage industry, custom manufacturing, greenhouse or nursery, Industry Type I; packaging, and warehouses. Pulaski Development sought to expand the scope of use of the property to increase the likelihood of attracting long-term viable tenants. These uses were seen as not negatively affecting the character of the district nor be incompatible with surrounding uses. Mr. Deal noted that the B-1 Limited Business District was the smallest geographically of all the business districts. If the zoning amendment was approved by Town Council, the applicant would still have to apply for a special exception use authorization which would require another hearing by both the Planning Commission and Town Council. Mr. Deal asked for questions. Mr. Reis voiced concern with Industry Type I with its production/manufacturing activities. He asked how controlled would emissions, etc. be from the facility and what effects would those uses have on the community since it was set in a residential neighborhood. Mr. Conner then addressed the Council after Mr. Deal's presentation. Mr. Conner, acting as agent for owner, SHAH Development, said if the amendment was approved, they would still have to comeback before Council so any conditions could be applied. If there were uses that Council didn't like or want to see in the community, the owner would not bring them to Council. The owners were trying to expand the uses to fill the spaces. Mr. Reis felt the other uses were appropriate but still questioned Industry Group I. He wanted to understand the scale of potential operations to prepare himself for the vote. Mr. Connor said Industry Type I was specifically internally focused as to uses on the property. The intent was to limit any type of external vision of the industrial use and be capable of operating in such a manner to control the external effects of the manufacturing process (e.g. smoke; dust; vibration, etc.). Mr. Reis asked what "control" meant from a zoning standpoint. Mr. Connor replied that "control" referred to the conditions that could be placed by Council and what also was brought to them. Mrs. Burcham ventured the intent was that it would not be known what was going on inside the building, unless you went inside. There would be no materials, vehicles of an unusual type, etc. visible externally in addition to no excessive noise, odors or similar things. If a special exception came back, Council could clearly say there could be no noise past a certain time, etc. Page 3 of 9/March 2, 2021 Mr. Deal added that as the zoning administrator it would be difficult to think hypothetically. If a use was proposed by a certain company, it would be important to visit the company's location and see what the process looks like to be sure that what was brought into the Town could be limited and controlled to not conflict with surrounding uses. The question was difficult to address until something specific was presented by Pulaski Development. Mr. Conner said the issue arose with the production of CBD oil in Christiansburg. It would not be apparent to an onlooker what was going on since there were a few cars parked at a warehouse. Mr. Reis asked if the proposed uses were for the entire plaza. Mr. Conner responded that they were. Vice -Mayor Dawson asked if there was any specific interest pointed toward this change or was it to open up opportunities. Mr. Conner affirmed it was for opening opportunities. There as yet were no industrial contacts. A new roof was planned for the structure. At this point the presentation concluded. Vice -Mayor Dawson then opened the public hearing at 7:19 p.m. With no comments received, he closed the public hearing at 7:19 p.m. a. Ordinance 2021-02, Approving a Zoning Amendment Request Vice -Mayor Dawson then entertained a motion concerning Ordinance 2021-02. Mr. Radcliffe moved to accept Ordinance 2021-02 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 -Absent Michael P. Reis -Aye 12. Public Hearing -Planning Commission Case 2021-03SE-Special Exception request by Aggregate Capital. L.L.C.-Agent: Luke Allison Council then conducted another public hearing concerning Planning Commission Case 2021-03SE, an application from Aggregate Capital, L.L.C. for a special exception. Mr. Deal gave the staff report concerning an application from Aggregate Capital, LLC, Luke Allison, agent; for 37 West Main Street seeking approval under Section 4.10.2-2 1 (c) for construction of seven apartments in the second floor and three apartments on the first floor. The upstairs apartments would open on Main Street, while the three first floor apartments would open to the south side (rear) of the structure facing Peak Creek. The ten apartments would total approximately 8,200 square feet of living space. As mentioned in a previous zoning amendment application, while working on their projects the applicants had been advised by state agencies that more of the building space should be used for housing. In addition, the applicants had received comments from local seniors who were interested in living Downtown, but could not because of safety issues involving stairs. Mr. Deal then concluded his report. Mr. Reis asked because of the access to the creek walk, were there any zoning issues and was there something that had to be done to the walkway for ingress or egress. Mr. Deal replied that the creek walk could be used as an access to those buildings and that he did not foresee any issues but would consult with the Town Manager and the Building Official. Vice -Mayor Dawson said that a similar question came up in previous discussions, but noted that the area was still prohibited to vehicle use. Mrs. Burcham said one section was closed to traffic in the past, but currently the County garbage truck came through the eastern alley that was lit. As more people began living in the Downtown with pedestrian and vehicular traffic, Council might take more action. At this point, she felt nothing needed to be addressed immediately. Page 4 of 9/March 2, 2021 Mr. Radcliffe gave kudos to the applicants for their work and mentioned removing a structure for parking to relieve some of the tension. Mr. Penn said he supported the project but was concerned as a former building official if there was an intent in the past to have residences on the second floor, given the area's past use for storage. Mr. Allison responded that the freight elevator was added in the 1940's and 29 East Main was actually part of the building separated off with a firewall. The structure was not intended to be divided nor was the ground floor intended to be divided into multiple storefronts. Mr. Allison said he viewed the building as having lost most of its internal historical character downstairs. It was an important building to the Downtown and its best use was as a vibrant area to attract people Downtown. An added plus was its location across from the Historic Courthouse and near to the "Pocket Park". The building was not intended to be in its present condition and they were seeking its best use. Mr. Stromme said the submission was made for Part 1 for the Historical Tax Credits. Part 2 was a description of what was intended for the building and what the Department of Historic Resources (DHR) would allow them to do with the structure. Discussion was underway concerning the structure's roof top and what could be done. Mr. Allison distributed a proposed design for the interior of the structure and reviewed proposed modifications to open bricked up windows and doors. He also reviewed the proposed layout and number of apartments and potential roof top patio space. Mr. Reis asked if a building plan or site plan had to be submitted. Mr. Deal said permits would be required for electrical, plumbing and HVAC in addition to a complete site plan review process. Mr. Reis asked about changing the number of apartments and would it require the applicants to come back to Council. Mr. Deal responded the way the Zoning Ordinance was written there was no limitation for ground floor apartments. Council could refer the number of units to the Planning Commission or could place a number of apartments on the special exception which would be more enforceable since it came from Council. Mr. Reis asked about the request as written. Mr. Deal said since only three first floor units were requested, if the request were approved, only three units were allowed. Mr. Reis asked if they were only for the rear of the building. Mr. Deal replied they were. After a brief review of the ordinance confirming the number of apartments, Mrs. Burcham added that the number of apartments mentioned in the ordinance were the maximum permitted. Vice -Mayor Dawson wanted to be sure due diligence was done especially for future use and that the creek walk functioned as a sidewalk and was treated as such. Mrs. Burcham said the issue was being looked at with the largest concern being garbage collection. There were discussions ongoing between staff on future planning for the creek walk area. The Planning Commission in its work on the Comprehensive Plan would be addressing some of these issues long-term. There being no further comments or questions, Vice -Mayor Dawson opened the public hearing at 7:45 p.m. Mr. Whitt said a question had been received from on-line about flooding and precautionary measures. Mr. Allison responded he had reached out to Cathy Hanks and learned the Army Corps of Engineers "Silver Jackets" produced a non-structural flood mitigation report. The report studied 87 & 89 West Main and 67/69 West Main which were similar in location to 37 W. Main and issued recommendations on mitigations. Mr. Allison said the flood structural report would be followed as the project moved forward. Mr. Stromme added that they also had extensive flood insurance. Page 5 of 9/March 2, 2021 Mrs. Burcham said those mitigation measures were being looked at by the Town. Mr. Reis added that flooding was a reality in the Downtown and urged that any residents would have access to emergency services. There being no further discussion the public hearing was closed at 7:48 p.m. a. Ordinance 2021-03. Approval of a Special Exception Request Vice -Mayor Dawson opened the floor for consideration of Ordinance 2021-03. Mr. Reis moved to adopt Ordinance 2021-03, consistent with the discussion and specific limitations as set forth in Ordinance 2021-03. The motion was seconded by Mr. Radcliffe 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 -Absent Michael P. Reis -Aye 13. Presentation of Pepper's Ferry Rate Structure Next on the agenda was a presentation on Pepper's Ferry Rate Structure from Mr. Ryan Hendrix as relating to Peppers Ferry's 2021-2022 budget. Mr. Hendrix presented a brief background of the Pepper's Ferry facility covering the service area, location, membership (six jurisdictions) and basic operational capacity of the facility. Since the start of operations in 1987, the Authority had provided wholesale treatment for its members who owned their own collection systems. The Authority was created as a result of the Clean Water Act of 1972 which governed point source discharges. Mr. Hendrix gave a brief summary of the facilities operated by the Authority focusing on the wastewater treatment facility and its function. With respect to the 2021-2022 budget, the main goal was maintaining service provision and minimizing rate change impacts. This would be done by keeping Cost Center rates, Debt Service and Capital Improvement direct charges flat. Internal reserves would be used to fund critical capital investments and financial policies adhered to. Mr. Hendrix reviewed what financial costs were supported by user charges and what the major cost centers of the Authority's budget were. Mr. Hendrix summarized the flow history for the Town noting that there had been a 9.25% increase in the five year average flow. He also explained the problem of Inflow and Infiltration (I&I) and how it figured in the Authority's treatment of wastewater. A 35% increase in flows treated by the Authority was noted for 2017-2020 with reference made to the extreme rainfalls in 2020. Flows for the Town of Pulaski increased 62% to 63% from 2017 to 2020. The three "wet years" resulted in raising the five- year average flow, particularly the 70 inches of rain recorded in 2020 for the Town. Mr. Hendrix then reviewed the 2021-2022 Revenue Summary noting a 3.02% overall revenue increase due to the expected treatment costs. For the Town, this resulted in a 4.91 % increase ($107,288) in the amount of flow expected to come from the Town. The overall budget was expected to increase 29.71 % but was not being passed along as a direct charge but used reserves for capital items. Concerning expenditures, the 29.71 % increase was due to treatment flows not rate increases. Concerning rates for treatment cost, rates for 2018-2020 remained the same. Although the treatment cost rose, it was only a 0.5% increase in the actual treatment rate. Mr. Hendrix reviewed debt service vs. capital improvement which indicated capital costs were held down to accommodate debt service costs until 2024 when capital costs were slated to increase. He Page 6 of 9/March 2, 2021 then reviewed member rates per MGD for the various Authority facilities and the Authority's rate comparison per gallon and per 5,000 gallon charges which were much lower than the state's average. If flows remained higher than anticipated, members would see a rate increase. Following closing remarks the presentation concluded. Vice -Mayor Dawson asked where the flow for the Town was measured. Mr. Hendrix replied it was measured at the 4A force main by a meter which was calibrated every two years. Vice -Mayor Dawson then asked why the Town's flow was so different from other members. Mr. Hendrix said it was not just due to per capita use but heavy water use by industries (James Hardie (500,000 gal./day). Mr. Reis ventured the majority of the flow was from James Hardie and that it was the largest customer. Mr. Hendrix responded it was the largest individual water and sewer user. Vice -Mayor Dawson asked what happened to the wastewater after treatment. Mr. Hendrix said the treated flow was discharged into the New River and the sludge taken to the regional landfill where it was used as alternate cover. Mr. Penn asked if there was a possibility of a rebate, as was done some years ago. Mr. Hendrix said he did not know about that, but ventured he did not see a rebate as a possibility. Mr. Reis asked if there would be a need for major capital projects over the next 5 to 15 years or could it be handled through debt issuances to keep up or through a capital contribution. Mr. Hendrix responded that they did a five and ten year CIP and thought that the five year plan could be supported by normal amount debt and that he did not see new debt coming on. Debt was used for only large scale building -type infrastructure. For normal process -type equipment, the Authority wanted to "pay as you go". No major borrowing was foreseen but the Authority tried to stay ahead of member's needs. Mrs. Burcham noted that Councilman Penn and Mr. Jeff Worrell were representatives to the Authority Board and that Mr. Pedigo also attended the meetings. Given the discussions and meetings regarding the sulfate study, Mr. Pedigo would be reporting on the current sulfate study at a later meeting. The budget for Pepper's Ferry would be addressed in the upcoming budget and that the appropriation for this fiscal year was insufficient for the balance of the year due to the weather and underestimation at the outset of the budget. Mrs. Burcham asked about the size of Pepper's Ferry Reserve. Mr. Hendrix said he did not know, but they were required to keep a year's budget in reserve. Mr. Reis asked if I&I would affect the flow and how much should be spent to address it. Mr. Hendrix replied that he talked with DEQ on a regional I&I effort. The Authority did not own the collection system but owned the permit. A regional I&I study had been discussed but nothing had advanced. Regarding I&I, most engineers estimated that a good program would only get a 25% to 50% reduction. A less expensive option could involve finding inflow sources. In some instances it might be cheaper to treat the wastewater than to spend funds on I&I. Mrs. Burcham mentioned that there were some funds available from DEQ for I&I which could include 0% loans and principle forgiveness. Following the presentation, Council considered appointing a Building Official and a member of the Cemetery Trustee Board. 14. Appointing Building Official, Resolution 2021-05 Mrs. Burcham formally introduced Mr. Tom Hager to Council noting that once the candidate was appointed by Council, they had twelve months to become certified at the state level or the position had to be vacated. She told Council Mr. Hager had passed the first of three required tests and was preparing for a second test. The third and most difficult of the three tests would be taken in a few Page 7 of 9/March 2, 2021 months. She added that Mr. Hager had been doing inspections under Mr. Pedigo's guidance as well as visiting sites with the County's Building Official. Mr. Hager said his time had been thus far was enjoyable and beneficial especially working with the County's Building Official, who had recently become certified and who had been of great help to him. He felt he would have no issues becoming certified in twelve months. He told Council that he could honestly say about the people he had been working with in the previous six weeks, that he had received more support from the Manager and other staff members within the Town than he had with all of his previous positions put together. Mr. Radcliffe commented to Mr. Hager that Mrs. Burcham had surrounded herself with professionalism so he (Mr. Hager) was coming in to a great management staff. Mr. Hager responded it was very noticeable. Mr. Radcliffe added that Council looked forward to having him. Mr. Reis moved to adopt Resolution 2021-05 appointing Mr. Hager as Building Official. Mr. Radcliffe 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 -Absent Michael P. Reis -Aye 15. Appointing a Member to the Cemetery Trustee's Board, Resolution 2021-06 Vice -Mayor Dawson then asked if Council had any comment on Resolution 2021-06. Mr. Reis moved to adopt Resolution 2021-06, appointing Mr. Bruce to the Cemetery Trustee's Board. The motion was seconded by Mr. Radcliffe 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 -Absent Michael P. Reis -Aye 16. Public Comment Period No comments were received from the public. 17. Consent Agenda -Minutes of February 16, 2021 Vice -Mayor Dawson then asked for consideration of the minutes of February 16, 2021. Mr. Reis moved to adopt the February 16, 2021 meeting minutes as written. Mr. Penn 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 -Absent Michael P. Reis -Aye 18. Council Comments Vice -Mayor Dawson then asked if there were any comments from Council. Mr. Penn had no comment. Mr. Radcliffe complemented Mrs. Burcham surrounding Council with professionals which he felt made Council's job much easier. In his nine year tenure on Council, Mr. Radcliffe noted that Mrs. Burcham surrounded herself with and had worked to bring the best staff. Mrs. Burcham thanked him and added that she had a good staff. Page 8 of 9/March 2, 2021 Mr. Reis had no comments. Mr. Dawson congratulated Mr. Clontz on the addition of a newborn into his family After Council's comments, Mrs. Burcham gave her Manager's Report. 19. Manager's Report Mrs. Burcham reported on the following items: A new CIP, with playground equipment for two playgrounds included over the next five years, was distributed to Council. Mrs. Burcham hoped that at the meeting of March 16th, there would be time available for Council to begin identifying specific items as a priority for next year's budget consideration with the majority of projects funded through issuance of debt. Concerns had been mentioned over water and sewer items. Conclusions might be available at the next meeting from an independent evaluation about water and wastewater funds; current rate structure; and the relationship with Pulaski County relating to water and sewer items. She asked Council to review the new CIP list for serious discussion as to the next steps. • Mrs. Burcham said an effort was under way to update legislation in the Town Code regarding the vacant building registration and rental inspection programs for the March 16th meeting. The current code she continued required a Housing Board of Adjustments and Appeals that was an older version of building appeal board which the Town did not have. The Town would be advertising for membership for that board over the next several weeks. The board would have to be in place as the Town moved forward with its rental inspection program. The Manager's Report then concluded. 20. Reminder of Future Council Meetings and Adjournment Vice -Mayor Dawson reminded Council of the next Council meeting on March 16, 2021, with the Closed Session beginning at 5:00 p.m. and the Public Session beginning at 6:30 p.m. There being no further business, Mr. Reis moved to adjourn. The motion was seconded and approved by unanimous voice vote at 8:45 p.m. Approved: Brooks R. Dawson Vice -Mayor ATTEST: David N. Quesenberry Clerk of Council 1 Page 9 of 9/March 2, 2021