HomeMy WebLinkAbout06-17-25 Town Council PacketAgenda Town Council Meeting
Tuesday, June 17, 2025
6:00 p.m. Closed Session Council Chambers
1. Meeting Called to Order (Mayor Collins)
2. Roll Call (Clerk of Council)
3. Modification to Closed Session (Mayor Colling)
4. Enter into Closed Session for the following items:
a. VA Code 2.2-3711 (A) 1 (1 item)- Personnel Matters
i. Appointments to Boards
6:15 p.m. Work Session Council Chambers
1. Discussion(s)- Manager Day
a. Project Revitalize
7:00 p.m. Public Session Council Chambers
1. Certification of Closed Session- Mayor Collins
2. Pledge of Allegiance- Councilman Erickson
3. Invocation- Councilman Clark
4. Guests and Visitors - Mayor Collins
5. Modification to Public Session- Mayor Collins
6. Presentations
a. Fire Department Recognitions & CE Richardson Grant- Chief J. Conner
b. Outdoor Facilities Update- Nate Repass
7. Public Hearing
a. Energy Storage Facility Siting Agreement submitted by Peak Creek Energy Storage Center LLC for an Electrical Energy Battery Storage Facility located on Monte
Vista Dr. Ex [073-1-14] under section 4.11.2-2 Special Exceptions within a Light Industrial Zoning District (Public Hearing ad ran in the Patriot on 06/06/25 & 06/13/25) (Voting will take place on July 1st)
8. Voting Items a. Resolution 2025-24 Appropriating Funds to the Calfee Community and Cultural Center
Reasonable accommodation will be provided for persons with disabilities, if requested.
9. Discussion(s)
a. Fine Arts Center Supplemental Funding Request- Manager Day (Voting- Discussion has been tabled since March 4, 2025)
10. Public Comment Period
(The Town Council welcomes your input. You may address the Council by completing a speaker’s slip available at the door and giving it to the Clerk of Council prior to the meeting. At this time, you may address Council on items that are not on the agenda. The limit is three (3) minutes for
each speaker.) 11. Consent Agenda (Voting)
a. Consideration of June 3, 2025 Town Council Meeting Minutes
12. Council Comments & Board Updates
13. Manager’s Report (Manager Day)
14. Reminder of Future Council Meeting (Mayor Collins)
a. July 1, 2025; Closed Session 6:00 p.m., Open Session 7:00 p.m.
Public Hearing(s)
Info
Notice of Public Hearing
The Town of Pulaski Town Council will hold a public hearing on Tuesday, June 17, 2025 at 7:00
p.m. in Council Chambers located at 42 First Street NW to discuss the following:
• Energy Storage Facility Siting Agreement submitted by Peak Creek Energy Storage Center
LLC for an electrical energy battery storage facility located on Monte Vista Dr. Ext [073-
1-14] under section 4.11.2.-2, Special Exceptions within a Light Industrial Zoning District
(I-1)
All interested persons may express their views by emailing ohale@pulaskitown.org prior to the meeting. Written comments may also be mailed to Town Manager, 42 First Street NW/P.O. Box 660, Pulaski, Virginia 24301. All emails, written comments and faxes must be received by 2:00
PM Tuesday, June 17, 2025. Anyone having questions regarding the above may contact the Town at 540-994-8602, Monday through Friday from 8:30 AM to 5:00 PM.
For disabled individuals who may require special auxiliary aids or services, the Town will make
reasonable accommodations upon request. Please contact the Clerk of Council (540) 994-8602
before the above meeting date to arrange these accommodations. For individuals with visual or
hearing impairment, contact Virginia Relay at 711 for assistance in reaching the town
ENERGY STORAGE FACILITY SITING AGREEMENT
This Energy Storage Facility Siting Agreement (“Agreement”), dated as of June [__], 2025
(the “Effective Date”), is by and between the Town of Pulaski, Virginia, a municipal corporation and political subdivision of the Commonwealth of Virginia (“Town”) and Peak Creek Energy Storage Center LLC (“Applicant”). The Town and Applicant are herein each a “Party” and collectively, the “Parties”.
RECITALS A. The Applicant owns, has acquired, has leased, or has a right to acquire or lease certain parcels of land in the Town consisting of 11.55 acres on Monte Vista Drive Extended,
Pulaski, Pulaski County, Virginia 24301 bearing parcel identification number 073-001-0000-0014,
and more fully depicted on the aerial attached hereto as Exhibit A (collectively, the “Property”). B. The Applicant intends to develop, install, build, and operate a 20 megawatt battery energy storage facility on the Property (“Project”). This Project is commonly known as Peak Creek
Energy Storage Center LLC.
C. Pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of Virginia, titled “Siting of Solar Projects and Energy Storage Projects,” the Applicant and the Town may enter into a siting agreement (“Siting Agreement”) for the Project.
D. The parties have negotiated this Siting Agreement pursuant to Virginia Code § 15.2-2316.7. The Town and the Applicant enter into this Agreement for the purpose of complying with Virginia Code § 15.2-2316.7 and to set forth their respective rights, duties, and obligations.
E. Pursuant to Virginia Code § 58.1-3660, the battery storage systems associated with the Project, which are considered “certified pollution control equipment” are partially exempt from local property taxation pursuant to Article X, Section 6(d) of the Constitution of Virginia (“Tax Exemption”). The Tax Exemption relates to personal property (or machinery and tools) taxes on the energy storage facility only and does not affect the Town’s right to collect real estate taxes for
the Property or to collect a revenue share tax pursuant to Virginia Code § 15.2-2636. G. In addition to its real estate and revenue share tax obligations, which are not affected by this Agreement, the Applicant has agreed to make the Capital Payments set out in Exhibit B in order to mitigate the impacts of the Project and for the other reasons stated in Virginia
Code § 15.2- 2316.7.
F. Pursuant to Virginia Code § 15.2-2316.8(B), the Town has held a public hearing in accordance with subsection A of Virginia Code § 15.2-2204 for the purpose of considering Agreement, after which a majority of a quorum of the members of the Town Council of the Town
of Pulaski (“Council”) approved this Agreement.
NOW, THEREFORE, pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of
Virginia, intending to be legally bound hereby and in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the Town and
Applicant hereby agree as follows:
Article I Payments
1. Capital Payments. The Applicant shall make Capital Payments to the Town as set
forth in Exhibit B attached hereto (each a “Payment” and collectively, the “Payments”) in the amounts and on the schedule contained therein. The Parties acknowledge that, except as otherwise provided herein, the Applicant’s obligation to make Payments shall be conditioned upon the Project achieving the corresponding milestone referenced in Exhibit B. For the purposes of the
Payment to be made upon Commercial Operation of the Project, “Commercial Operation” means
the date upon which the Applicant first receives or transmits electricity at the Project to an electrical substation or otherwise transmits or distributes electricity generated from the Project to the power grid. For the purposes of the Payment to be made upon the Commencement of Construction, “Commencement of Construction” means the earliest date on which construction
equipment is mobilized at the Project site.
2. Statutory Structure of Payments; Statement of Benefit. The Applicant agrees that by entering into this Agreement, pursuant to Virginia Code § 15.2-2316.6 et seq., the Payments are authorized by statute and it acknowledges that it is bound by law to make the Payments in
accordance with this Agreement. The Parties acknowledge that this Agreement is fair and mutually
beneficial to them both. The Applicant acknowledges that this Agreement is beneficial to Applicant in allowing it to proceed with the installation of the Project with clear project design terms, which provide for mitigation of effects on the surrounding properties and the Town of Pulaski community.
3. Revenue Share and Real Estate Taxes. The Payments are separate and distinct from any amounts that are or will be owed by the Applicant to the Town for any other tax or financial obligations. The Payments shall be in addition to any other tax or financial obligations that may
be applicable to the Project or the Applicant. Without limiting the foregoing, nothing in this Agreement shall limit the application of the Code to the Project. 4. Use of Payments by the Town. The Town shall use the Payments as permitted under Virginia Code § 15.2-2316.7(B) or as otherwise permitted by law.
5. Effect of Agreement. This Agreement shall be binding in the Town pursuant to Virginia Code § 15.2-2316.8(A)(3). This Agreement is expressly conditioned upon the Town’s approval of a site plan for the Project in accordance with the Code. If such approvals are not
granted, this Agreement shall be void.
Article II Compliance, Permits and Approvals
1. Compliance. The Applicant will develop, install, build, operate, and decommission
the Project in compliance with all applicable federal, state, and local laws, regulations, ordinances, licenses, approvals, and permits. In the event that the Applicant is notified of any violation at the
Project of any applicable federal, state or local laws, regulations, ordinances, licenses, approvals,
and permits, the Applicant shall (a) notify the Town of said violation within ten (10) business days, (b) diligently cooperate with the applicable regulatory agency, and (c) take all reasonable and necessary actions to attempt to cure the violation.
2. Approvals. If the Applicant elects to develop, install, build, and operate the
Project, the Applicant will apply to all federal, state, and local regulating authorities and will seek to obtain all required licenses, approvals, and permits for the Project. The Applicant agrees that all activities associated with the Project shall be in accordance with the terms of this Agreement, the Code, all other applicable building and zoning regulations, and all other applicable federal,
state, and local laws, ordinances, and regulations.
3. Cooperation. As part of the consideration for this Agreement, the Town will cooperate fully with the Applicant’s efforts to obtain licenses, approvals, and permits as required by federal, state, county and local laws, regulations, and ordinances authorizing the Project
construction and/or operation, including, but not limited to, granting permission and providing
relevant information, if already in the Town’s possession, with respect to infrastructure studies, traffic studies, environmental studies, and the collection and analysis of other information necessary for those licenses, approvals, and permits, provided that such cooperation is not unreasonably burdensome and that no financial support or expense is required by the Town. The
Town will make available to the Applicant, upon request, access to all records and data in its
possession or control pertaining to the Project, if any, that are not otherwise required to be confidential by law, or subject to attorney-client privilege or other applicable legal privilege or confidentiality requirement. The Town will use its best efforts to support and cooperate with the Applicant’s efforts to obtain necessary licenses, approvals, and permits, including any necessary
amendments thereto, for the Project construction, and for the Project’s operation, and will process
requests for permits and other approvals required by Town ordinances. The Town will take no action intended to frustrate or prevent the Applicant from receiving and maintaining any license, approval, or permit that is consistent with the applicable ordinances and zoning, including any Conditional Use Permit (CUP) or Special Use Permit (SUP). Provided however, nothing herein
shall be construed to require the Town or the Council to undertake any action not authorized by
law or to exercise any legislative function in favor of the Applicant. 4. Construction. Site construction shall be in accordance with all licenses, approvals, and permits, including, but not limited to, the CUP or SUP.
5. Decommissioning. The Project shall be decommissioned in accordance with federal and state laws and regulations, as well as requirements in the local code, CUP, SUP, or decommissioning agreement entered in accordance therewith.
Article III Miscellaneous Terms
1. Term; Termination. This Agreement shall commence on the Effective Date and shall continue until the Termination Date. The Applicant shall have no obligation hereunder after
the Termination Date. The termination of this Agreement shall not limit the Applicant’s legal
obligation to pay local taxes in accordance with applicable law at such time and for such period as the Project remains in operation. “Termination Date” means the Applicant’s commencement of the decommissioning of all or a material portion of the Project or its written notification to the Town that it is no longer developing the Project pursuant to Article III.3 of this Agreement.
2. Mutual Covenants. The Applicant covenants to the Town that it will pay the Town the amounts due hereunder when due in accordance with the terms of this Agreement, and will not seek to invalidate this Agreement, or otherwise take a position adverse to the purpose or validity of this Agreement. So long as Applicant is not in breach of this Agreement during its term, the
Town covenants to the Applicant that it will not seek to invalidate this Agreement or otherwise take a position adverse to the purpose or validity of this Agreement.
3. No Obligation to Develop. The Applicant has no obligation to develop the Project. It is understood that development of the Project by Applicant is contingent upon a number of
factors including, but not limited to, regulatory approvals, availability and cost of equipment and financing, and demand for renewable energy and renewable energy credits. No election by the Applicant to terminate, defer, suspend or modify plans to develop the Project shall be deemed a default of Applicant under this Agreement. Any Payment by the Applicant prior to a decision to suspend or abandon the Project is non-refundable.
4. Successors and Assigns. This Agreement will be binding upon the assigns and successors in interest of the Applicant, and the obligations created hereunder shall be covenants running with the Property upon which the Project is developed. In the event of an assignment, the assignee or successor in interest shall assume the liabilities of the Applicant; provided the
Applicant shall provide the Town with thirty (30) days written notice prior to any such transfer and shall include the name, address and contact number of the assignee or successor in the written notice. For the purpose of this Section, an assignment shall occur if the Applicant sells, transfers, leases or assigns all or substantially all of its interest in the Project or the ownership of the Applicant
to another individual or entity. The Applicant and any assignee or successor in interest shall execute
such documentation as reasonably requested by the Town to memorialize the assignment and assumption by the assignee or successor in interest. 5. Memorandum of Agreement. A memorandum of this Agreement, in a form
acceptable to the Town Attorney, shall be recorded in the land records of the Clerk’s Office of the
Circuit Court of Pulaski County, Virginia. Such recordation shall be at the Applicant’s sole cost and expense and shall occur as soon as reasonably practicable after the full execution of this Agreement. If the Applicant chooses to not develop the Project, in its sole discretion, the Applicant shall execute a release of the memorandum filed in the aforementioned Clerk’s Office.
6. Notices. Except as otherwise provided herein, all notices required to be given or authorized to be given pursuant to this Agreement shall be in writing and shall be delivered or sent by registered or certified mail, postage prepaid, by recognized overnight courier, or by commercial messenger to:
TOWN Pulaski Town Manager
42 First Street NW/PO Box 660
Pulaski, VA 24301 (540) 994-8600
APPLICANT Peak Creek Energy Storage Center LLC Attn: Brian Quinlan 12921 Buckeye Drive
Gaithersburg, MD 20878
Email: brian@calvertenergy.com The Town and the Applicant, by notice given hereunder, may designate any further or different persons or addresses to which subsequent notices shall be sent without need of a formal
amendment to this Agreement. All notices provided as contemplated hereunder shall be delivered
by hand or certified mail, return receipt requested, and deemed received after receipt of delivery. 7. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to any of
its principles of conflicts of laws or other laws which would result in the application of the laws of
another jurisdiction. The Parties (a) agree that any suit, action or other legal proceeding, as between the parties hereto, arising out of or relating to this agreement shall be brought and tried only in the Circuit Court or General District Court of Pulaski County, Virginia, as jurisdiction may lie, (b) consent to the jurisdiction of such court in any such suit, action or proceeding, and (c) waive any
objection which any of them may have to the laying of venue or any such suit, action, or proceeding
in such court and any claim that any such suit, action, or proceeding has been brought in an inconvenient forum. The Parties agree that a final judgment in any such suit, action, or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
8. Confidentiality. This Agreement, once placed on the agenda for consideration by
the Council, is a public document, subject to production under the Freedom of Information Act (FOIA). The Town understands and acknowledges the Applicant, and as applicable, their associates, contractors, partners and affiliates utilize confidential and proprietary “state-of-the-art” information and data in their operations (“Confidential Information”), and that disclosure of any
information, including, but not limited to, disclosures of technical, financial or other information
concerning the Applicant or any affiliated entity could result in substantial harm to them and could thereby have a significant detrimental impact on their employees and also upon the Town. The Town acknowledges that during the development of this Agreement, certain Confidential Information may be shared with the Town by the Applicant. Applicant agrees to clearly identify any
information it deems to be Confidential, along with the reference to the applicable FOIA
exemption, and not subject to mandatory disclosure under the Virginia Freedom of Information Act or other applicable law as Confidential Information at the time it provides such information to the Town. The Town agrees that, except as required by law and pursuant to the Town’s police
powers, the Town will not knowingly or intentionally disclose or otherwise divulge any such Confidential Information to any person, firm, governmental body or agency, or any other entity
unless the request for Confidential Information is made under a provision of local, state or federal
law. Upon receipt of such request but before transmitting any documents or information which may contain Confidential Information, the Town may contact Applicant to review the request for information and associated documents to determine if any Confidential Information is at risk of disclosure. If Confidential Information exists, Applicant may intervene on behalf of the Town and
defend against disclosure of the Confidential Information. The Town agrees to cooperate in this
defense and to the extent allowed by law, work to protect the Confidential Information of the Applicant. Applicant will indemnify the Town for fines, penalties, costs, etc. that may result from Town not sharing the Applicant’s Confidential Information, including reasonable attorney fees.
9. Subject-to-Appropriation. All payments and other performances by the Town
under this Agreement are subject to Council approval and annual appropriation of funds by the Council. It is understood and agreed among the parties that the Town shall be bound hereunder only to the extent of the funds legally available or which may hereafter become legally available for the purposes of this Agreement.
10. Compliance with Comprehensive Plan. Pursuant to Virginia Code § 15.2-2316.9(C), upon approval of this Agreement by the Town, the Project shall be deemed to be “substantially in accord” with the Town of Pulaski Comprehensive Plan, in all respects. No further finding shall be required by the Town or its Planning Commission pursuant to Virginia Code §
15.2-2232(A). 11. Severability; Invalidity Clause. Any provision of this Agreement that conflicts with applicable law or is held to be void or unenforceable shall be ineffective to the extent of such conflict, voidness or unenforceability without invalidating the remaining provisions hereof, which
remaining provisions shall be enforceable to the fullest extent permitted under applicable law. If,
for any reason, including a change in applicable law, it is ever determined by any court or governmental authority of competent jurisdiction that this Agreement is invalid then the parties shall, subject to any necessary Council meeting vote or procedures, undertake reasonable efforts to amend and or reauthorize this Agreement so as to render the invalid provisions herein lawful,
valid and enforceable. If the Parties are unable to do so, this Agreement shall terminate as of the
date of such determination of invalidity. The Parties will cooperate with each other and use reasonable efforts to defend against and contest any challenge to this Agreement by a third party.
12. Entire Agreement. This Agreement and its exhibits constitute the entire agreement
and supersedes all other prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof. No provision of this Agreement can be modified, altered or amended except in a writing executed by the Parties. All exhibits to this Agreement are expressly incorporated into this Agreement by reference. 13. Construction. This Agreement was drafted with input by the Town and the
Applicant, and no presumption shall exist against any Party. 14. Default.
a. In the event of a default under this Agreement, if a Party has not cured, as described by this Agreement, its default after thirty (30) days of receiving written notice
of the default from the non-defaulting Party, the non-defaulting Party shall have the right,
but not the obligation, to cure such default and to charge the defaulting Party for the cost of curing such default, including the right to offset said costs of curing the default against any sums due or which become due to the defaulting Party under this Agreement. Such non-defaulting Party shall, in its reasonable judgment, attempt to use the most
economically reasonable method of curing any such default.
b. This Agreement may be terminated by the Town in the event of a material breach of this Agreement by the Applicant that has not been cured within sixty (60) days of written notice thereof being received by the Applicant. If the Applicant initiates a cure
within such period and continues to diligently pursue such cure to completion, the
Agreement shall not terminate. A material breach shall mean a failure to comply with (1) any of the provisions of this Agreement, (2) the permits and approvals under which the Project will be operated or built, or (3) applicable federal, state laws or local laws, regulations, ordinances, licenses, approvals, and permits. A material breach shall also
include the insolvency of the Applicant or its assignee or successor in interest, such
insolvency to be established by the filing of either a voluntary petition in bankruptcy showing the Applicant as the debtor or an involuntary petition that is not dismissed within one hundred eighty (180) days of its filing, a written admission of inability to pay its bills as they come due, entry of receivership, trusteeship, composition, or similar arrangement,
or a general assignment for the benefit of creditors. Provided, however, the Applicant’s
complying or taking action consistent with any governmental or regulatory warning letter, notice of violation, or plan of action shall be deemed a cure if the compliance or the action is initiated by the Applicant within sixty (60) days of the Applicant receiving the warning letter, notice of violation, or action plan. The Applicant’s failure after receiving written
notice to resolve as soon as practically possible, a material breach that state or federal
authorities determine threaten the safety of the public or threatens to cause material environmental damage, shall entitle the Town to terminate this Agreement effective immediately upon the Applicant’s failure to act as soon as practically possible. Further, the Town may terminate this Agreement effective immediately if the Applicant fails to pay
an amount due under this Agreement within thirty (30) days of receiving from the Town’s
written notice of the failure to pay. c. In the event of a breach and the appropriate notice thereof to the Applicant by the Town, the cure periods noted above may be extended at the sole discretion of the Town
without the Town waiving its right to terminate the Agreement at any time prior to the cure
being made by the Applicant.
d. If the Town terminates this Agreement as provided herein, the Applicant shall cease
operations at the Project and commence decommissioning the Project. e. If the Town or the Applicant files a lawsuit, counterclaim, or cross-claim to enforce any provision of this Agreement, the prevailing Party is entitled to all reasonable attorneys’ fees, litigation expenses, and court costs.
15. Force Majeure. Neither Party will be liable for any failure or delay in performing
an obligation under this Agreement, other than the obligation to make timely Payments, that is due
to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire,
explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt,
Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
16. Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties
hereto and their respective successors and permitted assigns, and no other person shall have any right, benefit, priority or interest in, under or because of the existence of, this Agreement. 17. Counterparts; Electronic Signatures. This Agreement may be executed
simultaneously in any number of counterparts, each of which shall be deemed to be an original,
and all of which shall constitute but one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail/PDF or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
18. Recitals and Exhibits. The above stated recitals and previously described exhibits are expressly incorporated herein by reference.
[signature page follows]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by the officers whose names appear below as of the Effective Date.
APPLICANT PEAK CREEK ENERGY
STORAGE CENTER LLC By: Name: Title: Manager
State of Maryland ) ) County of [ ] )
The foregoing instrument was acknowledged before me this [ ](date) by Brian Quinlan (name of officer or agent, title of officer or agent) of Peak Creek Energy Storage Center LLC a Virginia limited liability company, on behalf of the company.
Notary
TOWN TOWN OF PULASKI, VIRGINIA
By:
Name: Title:
Commonwealth of Virginia )
) County of [ ] ) The foregoing instrument was acknowledged before me this [ ](date)
by [ ] (name of person acknowledged).
Notary
EXHIBIT A
Property Aerial
EXHIBIT B
Capital Payments
Payments are to be made within thirty (30) days of achievement of the following milestones as reported to the Town by the Applicant.
Milestone Payment
Commencement of Construction $15,000.00
Commercial Operation (CO) $37,500.00
Date one-year from the date of CO $37,500.00
Date two-years from date of CO $37,500.00
Date three-years from date of CO $37,500.00
Date four-years from date of CO $37,500.00
Date five-years from date of CO $37,500.00
Date six-years from date of CO $37,500.00
Date seven-years from date of CO $37,500.00
Date eight-years from date of CO $37,500.00
Date nine-years from date of CO $37,500.00
Voting Items
Resolution 2025-25
Resolution Appropriating Funds to the Calfee Community and Cultural Center
WHEREAS, the Town Council of the Town of Pulaski, Virginia has deemed it necessary to appropriate funds to the Calfee Community and Cultural Center
NOW, THERFORE it be RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on this 17th day of June 2025, that the following appropriation is approved.
REVENUE APPROPIATION
FROM Appalachian Regional Commission (ARC)
National Park Service (NPS)
$700,000.00
$1,000,000.00 TO Calfee School Adaptive Reuse Project $1,700,000.00
This Resolution is effective upon adoption and is hereby adopted this 17th day of June 2025 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows:
Jeremy L. Clark- G. Tyler Clontz- Sunshine N. Cope- Steven W. Erickson- Brooks R. Dawson- Joel B. Burchett-
Mayor Collins-
THE TOWN OF PULASKI, VIRGINIA
___________________________________
W. Shannon Collins
Mayor
Attest: _______________________________ Olivia C. Hale
Clerk of Council
Consent Agenda
Town Council Meeting Minutes June 3, 2025
1. The Mayor called the meeting to order at 7:00 p.m. and asked for a roll call. Jeremy L. Clark- Aye G. Tyler Clontz- Aye Mayor Collins- Aye Sunshine N. Cope- Aye Steven W. Erickson- Aye
Brooks R. Dawson- Aye Joel B. Burchett- Aye
2. Councilman Clontz led the audience in the Pledge of Allegiance. 3. Councilman Clark gave the invocation.
4. The Mayor welcomed all in attendance and viewing online. 5. Modification to Public Session- The Mayor asked for a motion to remove discussion item B. I. from the agenda as the ordinance was adopted on December 17, 2024.
The motion was made by Councilman Clontz and seconded by Councilman Clark to remove Discussion item B. I. from the agenda. Jeremy L. Clark- Aye G. Tyler Clontz- Aye Mayor Collins- Sunshine
Sunshine N. Cope- Aye Steven W. Erickson- Aye
Brooks R. Dawson- Aye Joel B. Burchett- Aye 6. Presentations
a. Police Department Certificates of Appreciation- (A) Chief M. Parmelee
Manager Day introduced Mike Parmelee as the Acting Chief of Police and stated he was excited to work together which has empowered him totally to carry out the Chief’s position.
The Mayor read the Certificates of Appreciation. Interim Chief M. Parmelee presented the awards to Major M. Hudson, Investigator S. McMillan, Lieutenant T. Croteau, Lieutenant J. Brown, and
Officer J. Lucas.
(A) Chief Parmelee reported Officer Lucas was on routine patrol and observed the structure fire from the balcony of the apartment building and called it into dispatch. All recognized officers entered the building and cleared all three
floors. Once the building was engulfed with black smoke, Major Hudson
evacuated all the officers and notified the Fire Department that the third floor had not been completely cleared.
Manager Day thanked all the officers involved for their contribution and bravery.
b. Health Department Award- Lisa Crabtree & David Dawson
Mr. Dawson reported on Virginia’s Optimization Program stating it was established to increase protection of public health and work with drinking water systems to help them provide performance that exceeds what’s required. He
reported there are three goals; filtration, filter backwash and how the filters are
backwashed in return to service, and clarification, removing sediment particles from the water before it goes into the filter. In 2024 the town performance earned the silver award for filtration and backwashing.
Ms. Crabtree reported the town is under a consent order over disinfection
byproducts, which is where all the organics are not removed from the water and chlorine has to be added but the health department and the town are developing goals for distribution, which includes the new water tanks on Brookmont.
Councilman Burchett asked if the town uses fluoride.
Mr. Dawson stated there’s not a requirement to fluoridate, it’s a local determination and the Town of Pulaski does not use fluoride.
Josh Tickle, Brandon Vaught, and Alex Roope accepted the 2024 Silver Award
for Water Treatment Plant Performance for Excellence in Filtration and Backwash. c. 177 Property Discussions- Austin Painter
Mr. Painter reported the town sent out letters to surrounding neighbors on the 177 acres inviting them to schedule an appointment to come to the office to ask any questions they may have regarding the new development. He reported they have heard some feedback of things the neighbors would like to see with security and
clear boundaries between their property and the development but overall, the
residents who came to came to speak with the Engineering Department gave an overwhelming amount of support. Vice-Mayor Dawson thanked Mr. Painter for the work he has been doing for the
project and stated the town should do everything it can to work with the
encroachment issues the best we can. Manager Day stated the town is trying to move forward as fast as it can and make good decisions on behalf of the citizens that live there.
d. Project Realization Update- Shannon Ainsley
Ms. Ainsley reported the properties that have been chosen for this project have been vacant for several years and meet the state’s code definition of blight. She
reported the project will begin on South Madison. South Madison was chosen as
there’s a lot happening there, with past and future projects, private investments, and condemned houses which makes for a lot of opportunities in that area that can enhance the community’s morale and potentially increase property values.
Vice-Mayor Dawson asked if this would be a continuation of the ARS program.
Manager Day reported the properties the town is looking at, there are several different routes that could be taken and there will be recommendations on how to do those homes coming to Council in the next couple of weeks.
Councilman Burchett stated he had seen some activity at the Barker Dodge property on Route 11 and asked if the town was involved in that cleanup or if it was the property owner.
Ms. Ainsley stated there is some cleanup, which would probably be
improvements to help the property sale. Marty Dowdy reported there were some unwelcome guests near 2nd Street SE and asked that something be done to contact the property owner.
e. Brownfields Assessment, Revolving Loan Fund, 7 Cleanup Grant Competition- Shannon Ainsley Ms. Ainsley reported the town has received a $500,000 EPA Brownsfield grant
which will help the town evaluate potential contaminates on vacant and underused
properties and support efforts to pursue more sustainable redevelopment opportunities for properties. 7. Public Hearing Voting Items (Public Hearing was held on May 6, 2025)
a. Resolution 2025-20 Adopting a Budget Establishing Appropriations for the Town of Pulaski, Virginia for the Fiscal Year Beginning July 1, 2025 and Ending June 30, 2026.
The motion was made by Councilman Clontz and seconded by Councilman Clark
to adopt the resolution as written. Jeremy L. Clark- Aye G. Tyler Clontz- Aye Mayor Collins- Aye Sunshine N. Cope- Aye Steven W. Erickson- Aye
Brooks R. Dawson- Aye Joel B. Burchett- Aye
b. Resolution 2025-21 Resolution Adopting Water Rates for FY 2025-2026
The motion was made by Councilman Clontz and seconded by Councilwoman Cope to adopt the resolution as written.
Jeremy L. Clark- Aye G. Tyler Clontz- Aye Mayor Collins- Aye
Sunshine N. Cope- Aye Steven W. Erickson- Aye Brooks R. Dawson- Aye Joel B. Burchett- Aye c. Resolution 2025-22 Resolution Adopting Sewer Rates for FY 2025-2026
The motion was made by Vice-Mayor Dawson and seconded by Councilman Clark to adopt the resolution as written. Jeremy L. Clark- Aye G. Tyler Clontz- Aye Mayor Collins- Aye
Sunshine N. Cope- Aye Steven W. Erickson- Aye
Brooks R. Dawson- Aye Joel B. Burchett- Aye 8. Other Voting Items
a. Resolution 2025-23 Honoring Police Chief, Samuel J. Shumate Upon His
Retirement from the Town of Pulaski Police Department Mayor Collins read the resolution.
The motion was made by Vice-Mayor Dawson and seconded by Councilwoman
Cope to adopt the resolution as written. Jeremy L. Clark- Aye G. Tyler Clontz- Aye Mayor Collins- Aye Sunshine N. Cope- Aye Steven W. Erickson- Aye
Brooks R. Dawson- Aye Joel B. Burchett- Aye
9. Discussions a. Norfolk Southern Quiet Zone Agreement- Manager Day
Manager Day reported he had a request from a business to consider submitting a request or application to Norfolk Southern if the Council desires, to make the railroad crossings a quiet zone.
Mayor Collins asked if it would be a specific period.
Manager Day stated it’s variable, and the decision is up to Council but it could be discussed during a work session at a later time.
Vice-Mayor Dawson asked for more data and research to be done if there were
issues at the intersections in the past and also allow the public to weigh in on the conversation.
Councilman Burchett stated he would be interested to know if the town would incur liability if there was an accident and if we had an ordinance or an agreement
on the books.
b. Peak Creek Energy Storage- Scot Farthing
i. Ordinance 2025-02 was removed from the agenda.
ii. Energy Storage Facility Siting Agreement Mr. Farthing stated before the siting agreement can be voted on, it must go
to an open hearing and introduced Brian Quinlan of Peak Creek Energy.
Mr. Farthing reported in December of 2024 the Planning Commission recommended and the Town Council adopted or granted a special use permit for Peak Creek Energy to install a battery storage facility, which is
used to store energy and sell to Appalachian Power, some other power
provider, and the special use permit has several conditions, that are outlined in the special use permit, that the company is suppose to meet as they develop their project.
One condition is the company and the town enter into a siting agreement,
which has been negotiated between town staff, the company, Manager Day, Mr. Quinlan, his associates, and Mr. Farthing. The siting agreement has a number of conditions, one being that it makes capital payments from the company to the town, which can be used for anything in their capital
improvements program, the town will also collect personal property and
real estate taxes and a revenue tax can also be adopted. The agreement is not a commitment from the company to develop the project, but if they go forward with the project, the signing agreement requires they begin making these payments, which are spread out over 10 years, and the
company must comply with all regulations that apply to such facilities and
decommissioning. The special use permit requires a secure bond to cover that expense in the case the company or operator at that time disappears, then there’s a bond covering that decommissioning process.
Councilman Burchett stated he wants to make sure the verbiage in the
agreement is sufficient to protect the people of the town if there is a fire, or if the project is decommissioned. Mr. Farthing stated the security bond means that there is an evaluation
done by a third party as to what it will cost to take this project down and
remove it, which is reviewed every five years, and in the special use permit if they don’t have the bond, the town can revoke the special use permit.
Councilwoman Cope asked if the Fire Department needed anything
additional if something catastrophic happened.
Mr. Quinlan stated there will be a plan in place but essentially, battery fires will burn themselves out but these battery cells are constantly monitored.
Vice-Mayor Dawson asked if information on the revenue share tax would be available for the Public Hearing. Mr. Farthing stated probably not, but it would be a separate ordinance the
town passes if it is chosen to do so, to have a revenue tax that would apply
to the battery facility. Councilman Clark asked what capital improvement projects can be funded through this revenue.
Mr. Farthing stated the funds could be used like any other tax dollars, it can be applied to the water tank or system. Councilman Erickson asked if this was a leadup to a solar farm.
Mr. Farthing stated it is not a solar project, that there is not enough room on the property, and that their goal is battery storage. Councilman Erickson asked what the goal of this project was.
Mr. Quinlan stated the battery is an instantaneous response if there is any kind of anomaly in the grid. If there’s excess power on the grid, it will charge the battery, if there’s power needed on the grid, it’ll discharge from the battery. There are big manufacturing facilities around the area and it
helps with all the swings that happen on the system.
Councilman Erickson asked who owns the land. Mr. Farthing stated the company has an option to purchase or lease the
land and it is not town-owned property.
Rickey Flinchum asked if the stored energy would be going to the county or staying in the town.
Mr. Farthing stated it goes back to AEP, when AEP needs power they will
draw power from the batteries.
The motion was made by Councilman Clark and seconded by Councilwoman Cope to move the discussion item to a Public Hearing on
June 17, 2025.
Jeremy L. Clark- Aye G. Tyler Clontz- Aye Mayor Collins- Aye Sunshine N. Cope- Aye Steven W. Erickson- Aye Brooks R. Dawson- Aye Joel B. Burchett- Aye
10. Public Comment Period William Paine invited listeners to the eighth annual Gusto with GRAPeJAM event on Saturday, June 14th at the Rock House Marina. It’s a 2.4-mile paddleboard and kayak race
the race begins at 9:30 and the registration is $25. The race benefits the Greater Pulaski
Junior Appalachian Musicians. 11. Consent Agenda a. Consideration of May 20, 2025 Town Council Meeting Minutes
The motion was made by Councilwoman Cope and seconded by Councilman Clark to adopt the minutes as written. Jeremy L. Clark- Aye G. Tyler Clontz- Aye Mayor Collins- Aye
Sunshine N. Cope- Aye Steven W. Erickson- Aye
Brooks R. Dawson- Aye Joel B. Burchett- Aye 12. Council Comments & Board Updates
Vice-Mayor Dawson stated at the most recent NRV Regional Commission meeting there
was a presentation done by the Community Foundation of New River Valley that spoke on what they did in the town of Blacksburg to increase the accessibility of daycare. In their program, they took facilities within the town and optimized them through a program that increased the training to allow for more staff members, which would allow more
kids, and asked for town staff to look into that program. He stated Main Street is looking
good as the old light poles have been removed and it opens up the space since the trees were removed. He also asked for a discussion on the next agenda for possible parking on First Street with the new developments happening there.
Councilman Burchett stated he’s been asked what the timeline for Main Street is.
Mr. Painter stated there was a delay in the project due to weather and he has a meeting with the contractor and engineer later in the week to discuss the impacts of the schedule but it is looking at a substantial completion in the next month.
Councilman Burchett also asked when the brewery will be completed.
Manager Day stated the completion date seems to be moving, but it is projected to be completed at the end of July or in August.
Mayor Collins asked that we put signage out at the parking lot behind the theater indicating that the lot is for Main Street parking and fix the blocks that have been damaged at the lot. He also asked if the stop signs at the four-way stops could have lights or something to catch drivers’ attention.
13. Manager’s Report Manager Day reported the splash pad would be opening on Friday, June 6th.
Rickey Flinchum asked that the leak on Dora Hwy be checked.
14. Reminder of Future Council Meeting a. June 17, 2025; Closed Session 6:00 p.m., Open Session 7:00 p.m.
15. With no further business, the Mayor adjourned the meeting at 8:30 p.m.
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