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HomeMy WebLinkAbout08-01-17Minutes of the Pulaski Town Council meeting held August 1, 2017 at 7:00 p.m. in the Council Chambers of the Municipal Building at 42 First Street, N.W. In attendance were: Mayor: Robert N. Glenn, presiding Councilmen Present: David L. Clark, Gregory C. East (Arrived 7:10 p.m.), Joseph K. Goodman; H.M. Kidd; Lane R. Penn; James A. Radcliffe Staff: Shawn M. Utt, Town Manager Spencer Rygas, Town Attorney Dana Bishop, Accounts Payable Debbie Bivens, Information Technology Dave Hart, Director Parks & Facilities Robbie Kiser, Chief P.F.D Jackie Morris, Asst. Finance Director Bill Pedigo, Town Engineer David N. Quesenberry, Clerk of Council Gary W. Roche, Chief P.P.D. Press: Brooke J. Wood, Southwest Times Others: Trish Cruise Laura Goodman John McElroy Phillip Nadean Clark Payne Hubert Rudisill Brenda Shelton Sandra Williams Ellaine Wilson Jennifer White John White Mayor Glenn called the meeting to order at 7:00 p.m. Councilman Radcliffe led the Pledge of Allegiance and Councilman Clark gave the invocation. Following roll call, Mayor Glenn noted there were no modifications to the agenda and proceeded to welcome guests and visitors to the meeting. Mayor Glenn then moved to "Presentations" (Item 7) on the agenda, honoring three recent retirees from the Town, Patricia Cruise, Brenda Shelton and Dr. John White. Mayor Glenn read Resolution 2017-16, honoring Patricia M. Cruise upon her retirement from the Town of Pulaski. Following the reading of the resolution the Mayor called for a motion from Council. Mr. Goodman moved to adopt Resolution 2017-16. The motion was seconded by Mr. Clark and approved by unanimous voice vote, whereupon the resolution was presented to Mrs. Cruise. Page 1 of 10/ August 1, 2017 Mayor Glenn then read Resolution 2017-15 honoring Brenda T. Shelton upon her retirement from the Town of Pulaski noting her service to the Planning Commission. Upon concluding the reading of the resolution, Mayor Glenn called for a motion from Council. Mr. Goodman moved that Resolution 2017-15 be adopted as written. The motion was seconded by Mr. Clark and carried on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Absent Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye After the vote, Mayor Glenn presented Mrs. Shelton with her resolution. Mr. East arrived, joining the meeting at 7:10 p.m. The Council then considered Resolution 2017-14 honoring Dr. John B. White upon his retirement from the Town of Pulaski. Mayor Glenn read the resolution, then called for a motion from Council. Mr. Goodman moved that Council adopt Resolution 2017-14 as written. The motion was seconded by Mr. Kidd and approved on the following roll call vote: Following the vote, Mayor Glenn awarded Dr. White his resolution. There being no public hearings scheduled, the next item on the agenda was the Public Comment Period with Dr. John McElroy as the registered speaker. Dr. McElroy reviewed some of the recent flooding experienced on East Main Street which he maintained was caused in part by deterioration of the creek wall that channeled flood waters into his business and that area of the Town. He presented a slideshow to Council noting the conditions of the creek walls from Randolph Avenue down to the low water dam just upstream from Duncan's Bridge. Problem areas shown during the presentation included: rocks from the wall falling into the creek channel; damage to the wall by plants and animals; locations where the wall was "sagging" down; areas of the wall that were being pushed out towards the creek; the presence of sediment areas in the creek covered with growth that hindered the channel's capacity to accommodate large flows of water; and the buildup of debris around the supports for traffic bridges. As a remedy to preventing the loss of the creek wall, with potential flooding implications for the Downtown, Dr. McElroy proposed that the Town create a plan within 90 days to Page 2 of 101 August 1, 2017 Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Following the vote, Mayor Glenn awarded Dr. White his resolution. There being no public hearings scheduled, the next item on the agenda was the Public Comment Period with Dr. John McElroy as the registered speaker. Dr. McElroy reviewed some of the recent flooding experienced on East Main Street which he maintained was caused in part by deterioration of the creek wall that channeled flood waters into his business and that area of the Town. He presented a slideshow to Council noting the conditions of the creek walls from Randolph Avenue down to the low water dam just upstream from Duncan's Bridge. Problem areas shown during the presentation included: rocks from the wall falling into the creek channel; damage to the wall by plants and animals; locations where the wall was "sagging" down; areas of the wall that were being pushed out towards the creek; the presence of sediment areas in the creek covered with growth that hindered the channel's capacity to accommodate large flows of water; and the buildup of debris around the supports for traffic bridges. As a remedy to preventing the loss of the creek wall, with potential flooding implications for the Downtown, Dr. McElroy proposed that the Town create a plan within 90 days to Page 2 of 101 August 1, 2017 (1) get rid of growth in the creek channel; (2) repair the wall and secure the rocks placement in the wall; (3) clear the creek channel back to its original level; and, (4) in case of flood forecasts, drawdown the water in Gatewood Dam like APCO does with Claytor Lake and Smith Mountain Lake. Mr. Radcliffe commented that he remembered that several years ago the Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA) were "not happy" the last time when the banks of the creek were cleared. While he agreed that the channel needed cleaning out, he noted that the Town would have to fight the feds and the state in trying to get something done. Dr. McElroy responded that two individuals from the Corps of Engineer told the Friends of Peak Creek less than four months ago that someone could go into the creek and clean the channel up to the original depth without a substantial complaint by the Corps. Mr. Radcliffe highlighted another problem in that the Norfolk Southern trestle located downstream from the Town, acted like a natural dam further constricting the creek's flow. Dr. McElroy said that efforts to prevent flooding should include the full length of the creek. Work, he continued, should commence as soon as possible since it is the dry season. Mr. East said that it sounded like the Town does not have a plan and was not acting proactively. He questioned how a plan would be created and felt continuing to ignore the problem was not an option. While there were issues with dredging the creek, he said if a start is not made in addressing the issue, the issue will not be addressed. Mr. Utt responded that the Town does not have ownership rights to the creek and previous research had found who the owners were. Whoever the heirs were, he felt they would be favorable for the Town to act. Mr. Goodman said that the Town knew who the owners were and that they offered the creek to the Town at no charge. If the creek was accepted, however, the Town would have to accept the liability for all of it. Realistically he concluded, if the Town did not step up and deal with the issue, the Downtown would be put at risk. Mr. Utt felt that this would be a good opportunity for a grant project. Mr. Radcliffe asked if the Corps of Engineers had been brought in for discussions. Mr. Utt responded that the Corps was at a recent Friends of Peak Creek meeting and said the grass could be cleared to the natural waterline, but that the level of the natural waterline was unknown. Dr. McElroy asked if that referred to the natural waterline now or from the beginning. Mr. Utt said he did not know. Mr. Goodman proposed a four step approach regarding the creek which was: (1) removal of brush; (2) determine where the waterline is to remove the "islands"; (3) start damage assessment to the walls; and, (4) work with the Corps to determine the depth Page 3 of 101 August 1, 2017 the creek could be dredged out. Some items could be done now, he observed while others would take longer. Mr. East felt that in removing the "islands" caution could be exercised not to go too deep yet still remove much of the growth. Mayor Glenn mentioned that at a previous meeting with the Town Manager and Mr. Byrd of the New River Valley Regional Commission, he learned that to clean the creek it could take 10 years to get all the permits and $3 million by the time sediment control was done. The main concern was that debris stirred up would end up in Claytor Lake, despite the fact, he continued, natural flooding stirs up sediment which still ends up in the lake. Mayor Glenn referred to an earlier meeting of the Friends of Peak Creek, where two member of the Corps of Engineers who attended, said the creek fell under their jurisdiction because it was a navigable waterway. According to these officials, as long as maintenance was being done, vehicles could be taken into the creek and the "islands" could be mowed. The Mayor expressed his concern that if nothing was done the channel could collapse and serious flooding would result. He also emphasized that in such an effort the Town could not expect help from outside agencies and should seek grant funding. Regarding lowering the reservoir level, Mr. Pedigo and Mr. Utt told Council that Gatewood Dam was a solid dam with an outflow pipe, while Claytor Dam has actual channels that can open and shut which Gatewood does not have. Mr. Pedigo added that Gatewood Dam was not designed to be a flood control dam. If the reservoir level were lowered, the dam would catch the volume of water by the amount the reservoir was lowered. Mr. Goodman suggested using a high capacity pump to lower the reservoir if the Town knew something was headed its way. There being no further discussion on the issue, Mayor Glenn suggested that Mr. Utt and Mr. Pedigo create a proposal on both how to get grant money and find out about permits for maintenance by the September work session. Mr. Goodman inquired if at the next work session options on brush could be discussed, since the water level is so low. Mr. Utt mentioned that there are members of staff now certified to spray so that could be done much more often that waiting for contractors. Mr. Goodman suggested that measures that did not require much planning or permits could be discussed at the next work session with larger more complicated issues, such as dredging to be discussed at the work session the following month. Mayor Glenn asked Mr. Utt to get some ideas for projects for the next work session that could be easily done given the low level of the creek. Page 4 of 10/ August 1, 2017 The next item of business was the Consent Agenda of the minutes from July 5, 2017. Mayor Glenn opened the floor for a motion concerning approval of the minutes. Mr. Goodman moved that Council adopt the minutes from July 5, 2017 as written. The motion was seconded by Mr. Kidd and approved unanimously by voice vote. Next item on the agenda was "Project Updates". Mr. Utt asked if there were any questions on the updated review chart and if not, he would focus on the short term goals. For the upcoming retreat he said that he would like to get some feedback on the Project Update Chart vs. the 3/6/9 goals as to whether or not both are needed and what Council wanted on a monthly update basis. There being no comment on the Project Update Chart, Mr. Utt proceeded with the review of the 3/6/9 goals highlighting the following activities. Mr. Utt said that the sealing for the skateboard park, originally scheduled for finishing by July 30th had been delayed since the Town was waiting for the contractor to begin the project. Regarding spraying, Mr. Utt reported that a previously certified Public Works employee passed the state exam and had become recertified for herbicide application. The town horticulturist was also being sent for certification so the Town will have employees on staff able to do spraying. It would be necessary for the Town to partner with the County because a lead sprayer certification was necessary for mixing the herbicides and the County had an employee on staff that could provide that oversight function. Hopefully he continued, in the next week or two, the Town would have the equipment ready to begin spraying. Concerning the zoning ordinance revision, the goal was to have that presented to Council in October. The initial goal, Mr. Utt continued, was to have it at the September work session, but he was unsure if it was on the Planning Commission agenda for August. The overall rewrite, he noted was very nearly complete giving an ordinance that the staff felt better about enforcing. Mr. Goodman asked about the conduit in Jackson Park and whether or not the Town could meet that deadline since it was getting close to cold weather. Mr. Utt responded that the project was not difficult and that materials were on hand to begin two days after PulaskiFest. He estimated the project might take a week given the use of a trenching machine and conduit. There being no further comment, the next item on the agenda was "Old Business" (Item 12) with the first issue of discussion being scheduling of the Council retreat. Mr. Utt mentioned that Council had proposed a retreat sometime in September to consolidate and reorganize current goals and evaluate goals from the last retreat. Page 5 of 10/ August 1, 2017 Mr. Utt said that Mr. Byrd of the NRVRC did not have a Saturday open in September to conduct a retreat and that he had suggested perhaps a Wednesday morning or other weekday meeting time. Following discussion, Mayor Glenn suggested pushing the meeting back into October. For the September work session, Mayor Glenn said he was entertaining the Council, staff and press at Gatewood for the work session and felt that the retreat could be held in October when Mr. Byrd would be available on a Saturday, which also would allow further discussion of Gatewood. Mr. Utt said that he would contact Mr. Byrd to see if an October date was feasible Mr. Goodman asked about using an outside facilitator not of the local government model who would bring a different perspective to ask questions that might not otherwise be asked. He suggested some military leaders at Virginia Tech that have a different way of thinking and a different way to guide discussion. Mr. Utt said he would need contact information to reach out to potential facilitators, since an October retreat would give more time to set things up. Mayor Glenn asked Mr. Utt and Mr. Goodman to coordinate together for other options for a facilitator and aim for a Saturday date, possibly September 9th or 16th otherwise the retreat would push into October to allow coordinating with the Gatewood issue as well. He also asked Mr. Utt and Mr. Goodman to work on ideas for military personnel as a facilitator. Mr. East commented that he had worked for a number of years with Mr. Byrd and felt that his insight and knowledge might be good to have as opposed to someone from outside government. He said that the proposed speakers came from two different worlds and that Mr. Byrd had experience with every level of government and that he could be valuable in guiding any discussion where someone without that knowledge might not necessarily be able to do that. Mayor Glenn asked Mr. Utt to bring back something for the work session in August so Council could decide what it wished to do because both schools of thought had merit to them. For the second item (12b.) under "Old Business" was consideration of Ordinance 2017- 08 for open containers of alcohol. Mr. Utt noted that staff had discussed the ordinance regarding enforcement and other issues. The biggest question staff considered was should the ordinance apply to Gatewood Park. If alcohol was prohibited legally, he questioned what it would do to the usage or marketability of the park. That was the only question staff had concerning the draft ordinance. Otherwise, he continued, staff felt it would be a good tool to apply to the Town. Mr. Goodman said that if Gatewood were left in the ordinance that the camping areas would have to be excluded because it would probably defeat the purpose for many people going there to relax. Mr. Utt's stance was that there were already rules in place Page 6 of 101 August 1, 2017 to cover campers extending beyond where they should go as far as consumption was concerned. Mr. Goodman asked if there had been issues at Gatewood, to which Mr. Utt said he did not think so. Mr. Goodman asked why regulate something that is working. Mr. East reminded Council that the original goal was to curb some of the drinking at the local playgrounds. Mr. Utt added that the ordinance extended beyond playgrounds to public streets and sidewalks, but exemptions were in place for events with the appropriate ABC license. Mr. Kidd asked about the costs of permits mentioned in the ordinance, which Chief Roche clarified as referring to ABC banquet permits, costing approximately $55. Mr. Kidd also asked if Gatewood could be removed from the ordinance, to which Mr. Utt replied that it could. Mayor Glenn then called for a motion regarding the ordinance. Mr. Kidd moved to adopt Ordinance 2017-08 with the removal of Gatewood Park from the ordinance. His motion was seconded by Mr. Penn and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. East -Aye Mr. Clark -Aye Mr. Goodman -Aye Mr. Kidd -Aye Mr. Penn -Aye Next order of business (Item 13a.) was Resolution 2017-17 appointing Town representatives to the Agency on Aging. Mayor Glenn asked if there was anything to add other than the consent of the two representatives to serve. Mr. Utt replied that the Agency on Aging continued to request that there be only one year terms for board members. Mr. Goodman moved to adopt Resolution 2017-17 as written. His motion was seconded by Mr. Clark, which was approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Council then moved on to the next issue concerning the closure of the Pulaski Post Office (Item 13b). Mr. Utt mentioned that given the large number of comments over the past few weeks, he felt it was appropriate for the Council to go officially on record concerning the closure of the Post Office. Mr. Utt mentioned the short time frame between notification of closure on July 19th and the closing on the 21St. He said there were still a lot of questions as to why the post office was closed, but he thought the main goal of the resolution was to go on record saying if there was anything the Town could do to Page 7 of 10/ August 1, 2017 encourage the Postal Service to reopen a facility within the Town limits, preferably in the same building, the Town would be more than willing to assist. Mr. Utt asked if Council was comfortable sharing the resolution with federal legislators and contacts with the Postal Service to ensure their awareness of the issue. He added that research he conducted of the Postal Service as a whole found that there were 30,000 post offices nationwide and that it would be hard to believe that a town of 9,000 people would not have a post office. Mr. Utt also mentioned that there were concerns over a consolidation of the Pulaski and Dublin post offices. While he felt that such concerns were rumors at this point, what he wanted was the Town to be proactive enough to make sure this was a rumor and that it did not become an option the Postal Service considered. Mr. Utt told Council that postal regulations adopted in 2012 required a post office in a ten mile radius fueling concern since Dublin is seven miles from the Pulaski Post Office. In theory, the Postal Service could say the Dublin Post Office would be within the ten mile radius of Pulaski. Mr. Utt thought they wouldn't do this because Pulaski is the largest population center in the county. He just wanted to be sure the community was on record as willing to do whatever could be done to get the post office back as quickly as possible. Mr. Goodman questioned why the Post Master was not present to talk with the Council. Mr. Utt said he did not invite her and conversations he had indicated the Post Master had to go through the Postal Service media services and she could not make official comments for the Postal Service by herself. He said that a representative of the postal media service could be invited to a Council meeting and that he would extend that invitation. Mr. Goodman thought that would be appropriate, since all the Town received was a letter from the Post Office and nothing since. The citizens, he continued, have a right to know what is going on. What is the plan, he continued, or are citizens going to have to continue waste money driving to Dublin because they can't pick up their mail in town. He felt that was unfair to the citizens of the Town and to those persons outside the Town who used the post office. He described the Postal Service's silence as reprehensible and felt they needed to tell the Council what was going on. The citizen's use of the Postal Service, he continued, pays for that program. The citizens were putting money in one end of the program and getting "crickets" as he described it, at the other end. It was, he said, not fair to them. He felt the resolution was good but it didn't help with the real issue of what was going on and how long was this going to last. He felt it was appropriate for a representative of the Postal Service to come to the Council and let the citizens know what was going on. Mr. Utt said he would do all he could to extend the invitation. Page 8 of 10/ August 1, 2017 Mr. Kidd said he felt that Council should go ahead and adopt the resolution and get the ball rolling on this end along with what Mr. Utt suggested. Mr. Kidd then moved to adopt Resolution 2017-18 as written. His motion was seconded by Mr. Penn. Mayor Glenn asked if there was any further discussion. Mr. East felt Mr. Goodman's comments were on point. Mr. Radcliffe felt the situation had definitely crippled the town and mentioned that Mr. Goodman and he had meetings with elected officials above the Council who, he felt should be involved as well. The elderly and businesses had definitely been crippled and he felt silence would not lead anywhere. Mayor Glenn asked Mr. Utt if the County was going to do anything to which Mr. Utt replied he had not talked with Mr. Sweet. Mayor Glen suggested that the County should be contacted, anticipating that their assistance would be needed. Regarding the resolution, Mayor Glenn's bigger concern was that the Town did not want a new post office because 30%-35% of the people who use the post office walk to it. Mr. East noted that the letter from the Post Office said there was going to be a public meeting. He felt that the Town should work to get that information out to the townspeople. Mr. Kidd suggested the Council should attend as well. Mr. Goodman mentioned that it was important to get the postal service to stay in its present location due to the historic nature of the structure. There being no further comments, Council approved Resolution 2017-18 on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Next item on the agenda was a Closed Session under Va. Code Sec. 2.2-3711 a (3). Mr. Goodman moved that the Council go into closed session pursuant to Va. Code 2.2- 3711 a (3) discussion for consideration or disposition or acquisition of publicly held property regarding the Ridge Avenue tower site. The motion was seconded by Mr. East and approved by the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Council entered Closed Session at 8:20 p.m. Council returned from Closed Session at 8:37 p.m. Mayor Glenn called for a certification motion concerning the closed session. Mr. Kidd moved that Council discussed only those items in closed session under Va. Code 2.2-3711 a (3). His motion was seconded by Mr. Goodman and carried on the following roll call vote: Page 9 of 10/ August 1, 2017 Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye After reviewing the schedule of upcoming meetings of Town Council, Mayor Glenn called for a motion to adjourn. Mr. Goodman moved to adjourn. Mr. Clark seconded the motion which was approved by unanimous voice vote at 8:43 p.m. Approved: ATTEST: David N. Quesenberry, C/16rk of Council Page 10 of 101 August 1, 2017