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HomeMy WebLinkAbout06-27-00Minutes of the special Town Council meeting held June 27, 2000 at 5:00 p.m. in the Council Chambers in the Municipal Building. There were present: John A. Johnston, Mayor Council Members: James M. Neblett, Lane R. Penn, Jeffrey S. Worrell, Bettye H. Steger, Daniel Talbert, Jr., Joseph L. Weddle, Pauline G. Mitchell, Charles W. Stewart, Jr. Staff: John J. Hawley, Acting Town Manager Randy Eley, Town Attorney David Quesenberry, Asst. to the Town Manager Patricia Pendergrast, Clerk Others Present: Judy Flemming Michael Dowell Nellie Warner J. B. Warner Carol Ohalla Carlos Riveros Rebecca English Mozelle Grubb Ralph D. Grubb Ken Fleenor Lee Carter, Press Paul Dellinger, Press Tina Ratliff, Press The meeting began at 5:00 p.m. with a Closed Session. At 5:08 p.m., Council returned from Closed Session. Councilman Worrell led the Pledge of Allegiance and Councilman Neblett gave the Invocation. Following roll call, Councilman Stewart made a motion to adopt Certification Resolution, seconded by Councilman Talbert and carried on the following recorded vote: James M. Neblett - Aye Daniel Talbert, Jr. - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Mayor Johnston added Public Comments to the Agenda. Mayor Johnston advised that this meeting had been called to discuss the Loving Field Option agreement. Town Attorney Eley advised that the Pulaski County School Board has requested an option to purchase an estimated 50 acres of the Town’s Loving Field properties for the purpose of constructing elementary and middle schools. Council authorized the Town Attorney to prepare an option agreement by Resolution 2000-14. Ordinance 2000-10, adopting option agreement regarding Loving Field property authorizes appropriate Town officials to execute said Option Agreement and to procure the required signatures of the Pulaski County School Board. Mayor Johnston advised that this topic has been discussed on several occasions by Council and opened the meeting for additional discussion. Councilman Penn advised that a question had arisen regarding a possible conflict of interest if he participated in discussion or vote on this topic because he works for the School Board. He had obtained opinions from the Town Attorney and the Commonwealth Attorney stating that there is no conflict of interest since he would not personally gain from the sale, and advised that he would be discussing and voting on this matter. Councilman Stewart read a statement (included in the official minutes), speaking against adopting this Ordinance. Councilman Worrell read a statement (included in the official minutes), speaking in favor of adopting this Ordinance. Councilwoman Mitchell spoke against adopting the Ordinance, opining that the land is being sold for too little money, that these schools should be within the city limits of Pulaski and that if they do build the schools at that location that we should be able to annex the area into the Town. Councilman Neblett stated that he agreed with Councilman Worrell’s statement. He added that because of the cooperation between Town and County, recreation will be greatly enhanced with the adoption of this plan. From the audience, Mr. J. B. Warner inquired: 1. Whether condemnation was used to acquire the property? 2. Was there a reversion clause in the original contract stipulating that if it was not used for its intended purposes, it would revert back to the Strauss family? 3. If we cannot deliver a clear title to the County, would the Town Attorney feel comfortable defending this case? Mr. Hawley advised that the deeds are in the file, but he is not familiar enough with them to say that there was not a revision clause. He does not recall a revision clause, nor a condemnation. Mr. Eley replied that he was advised that no right of reversion exists and that the deeds were in hand in the file. Before the School Board exercises the option, a title search will be done by the School Board. Mr. Carlos Riveros stated that he was concerned that a special meeting had been called to discuss this matter rather than waiting for the next regularly scheduled meeting. He thought that the ethical thing to do is to delay the vote and let the newly elected Council decide what is in the best interest of the township. Mr. Ralph Grubb spoke against the sale of the land to the County. He feels that it is Council’s duty to do everything humanly possible to retain the elementary schools within the Town close to the proximity of where the children of the Town live. He said the Town has already lost enough and we don’t need to lose two schools. He requested that Council request a referendum on this issue. Mayor Johnston commented that Pulaski Town Council has no input into the placement of schools. Mr. Grubb advised that if we have not been asked our opinion, then we should call for a School Board referendum. Mayor Johnston advised that this is a School Board situation and while we have worked with them and suggested all possible sites within the Town, we have no control over their decision. Mr. Grubb reiterated that we should ask the School Board to have a referendum. He stated that as a representative of the Town and of the people of the Town, that Council has a responsibility to look after the Town. Mayor Johnston advised that we have exercised that responsibility in a judicial manner. Our legal and moral responsibility calls for us to suggest and make recommendations, but a decision can only be made by the School Board. Mr. Grubb inquired whether the Allison property has been suggested? He stated that the property is ideal. It has water and sewer on premises. He also suggested the land at the Rhudy farm, which is currently dormant. Mayor Johnston advised that those sites have been offered and reviewed by the School Board. Mr. Grubb then inquired why the urgency of this meeting? Mayor Johnston advised that there was no urgency. This topic has been under discussion for quite some time. Councilwoman Mitchell stated that they want to know why a Special Council meeting was called to discuss this? Mr. Grubb inquired why a decision has to be made today on this topic, when Council as a whole should take more interest in it and prevail on what the people of the Town need and want? Mayor Johnston advised that it seemed to be a matter that this particular Council had worked with for a long period of time and this Council needed to finish it up. Mr. Grubb advised that we have delayed decisions on other issues and this is a major issue. Councilman Stewart stated “that no one is arguing with the authority of the Pulaski County School Board to locate these schools wherever they choose. The argument is with the fact that we are cooperating in the execution of ourselves and I really don’t think we should walk up on the ladder and put the noose around our own neck and jump off.” There being no further comments, Mayor Johnston called for a motion on the matter. Councilman Neblett made a motion to accept Ordinance 2000-10, adopting option agreement regarding Loving Field property, seconded by Councilman Worrell. Motion passed, but lacked the ¾ majority needed for the sale of real estate on the following recorded vote: James M. Neblett - Aye Daniel Talbert, Jr. - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - No Bettye H. Steger - No Charles W. Stewart, Jr. - No Councilman Stewart made a motion to table item 5b on the agenda, seconded by Councilwoman Mitchell and carried on voice vote. There being no further business, at 5:33 p.m., meeting adjourned on motion by Councilman Neblett, seconded by Councilman Stewart and carried.