HomeMy WebLinkAbout09-28-94September 28, 1994
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Minutes of the special meeting of the Pulaski Town Council held
September 28, 1994, at 7:00 a~.m. in the Council Chambers in the
Municipal Building.
There were present: Mayor Andrew L. Graham, Jr., presiding
Council Members: John A. Johnston, John W. Stone, Bettye
H. Steger, W. H. Schrader, Jr., Roy H.
D'Ardenne, Jr., W. Edgar Hale, Alma H.
Holston, E. G. Black, Jr.
Also Present: Frank Terwilliger, Town Attorney
Thomas M. Combiths, Town Manager
Robert J. Lyons, Assistant Town Manager
Ruth A. Harrell, Clerk
Visitors: Dee Ann Lindsey, Southwest Times
The meeting was called to order by Mayor Graham.
Councilman Hale led the Pledge of Allegiance and Councilwoman
Steger gave the Invocation.
The roll call was then taken.
Vice Mayor Schrader made a motion that under 5, Executive Session,
on agenda to add b. discussion with legal counsel regarding the
threatened litigation of the Architectural Review Board decision and
consultation with legal counsel on the Chamber of Commerce Lease,
seconded by Councilman D'Ardenne and carried on the following recorded
vote:
~ John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye
SESSION John W. Stone - Aye W. Edgar Hale - Aye
Bettye H. Steger - Aye Alma H. Holston - Aye
W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye
Councilwoman Holston made a motion that Council go into Executive
Session under 2.1-344 A7, Legal Matters, regarding sewer corrosion
rehabilitation, threatened litigation of the Architectural Review~Bo rd
decision and consultation with legal counsel on the Chamber of C erce
lease, second by Councilman Stone and carried on t~e following recorded
vote:
John A. Johnston - Aye Roy H. D'Ardenne, Jr. ye
Sohn W. Stone - Aye W. Edgar Hale - AY
9515 Septenber 28, 1994
Bettye H. Steger - Aye Alma H. Holston - Aye
W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye
At 7:03 a.m., Council went into Executive Session.
At 7:52 a.m., Council returned to special session and waived
reading of the Certification Resolution on motion made by Councilwoman
Holston, seconded by Councilman Black and carried.
Vice Mayor Schrader made a motion that Certification Resolution be
adopted, seconded by Councilman D'Ardenne and carried on the following
recorded vote:
John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye
John W. Stone - Aye W. Edgar Hale - Aye
Bettye H. Steger - Aye Alma H. Holston - Aye
W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye
Mayor Graham - Aye
SIIn1ER CDRR06IC~i
AGRIDKINI'
Mayor Graham stated the primary reason for the special meeting was
to approve the sewer corrosion rehabilitation agreement.
Mr. Terwilliger stated that Town Council, at an earlier meeting of
Council, passed the agreement and sent it to the County and PSA for
execution. The PSA added a paragraph 9 which stated that the PSA and
the County reserved its right to litigate the percentage of 28.81% if
necessary or to go against a third party as may be necessary. The
County indicated that it desired similar language. The language before
Council was language that has been approved by the County in a
resolution Monday night which would result to all parties, including the
Town, the County and the PSA the right to litigate if necessary the
percentages that they now agree to pay. Basically, the parties are, by
paragraph 9, obligating themselves to the contractor, to pay the
percentages in accordance with their capacity in the line, by reserving
rights to either contest this or sue third parties if necessary. This
was approved by resolution by the Board of Supervisors on Monday night
and the basic resolution stated that the Board would be willing to go
under the agreement concerning Collection System Maintenance of June
20,1986. Options are to approve this agreement with the revised
paragraph 9 to go under the 1986 agreement or to come up with a third
proposal.
Vice Mayor Schrader so moved approval of agreement with paragraph 9
as it is now written, with Town Manager being authorized to execute
agreement on behalf of the Town. Motion seconded by Councilman
D'Ardenne and carried on the following recorded vote:
September 28, 1994 9516
John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye
John W. Stone - Aye W. Edgar Hale - Aye
Bettye H. Steger - Aye Alma H. Holston - Aye
W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye
Mayor Graham distributed written comments to media and Members of
Council, copy of which is attached.
Vice Mayor Schrader stated that on the issue of the memorial, a
resolution was passed by the Board of Supervisors which authorized the
County Attorney to file an appeal in circuit court and also authorized
the County Administrator to work with the Town of Pulaski, including the
ARB and the Council, to seek input on a larger plan for the memorial.
Vice Mayor Schrader so moved that Town Attorney be authorized to defend
the suit as necessary and also keep the channels of communication open
to authorize Town Administration to meet with the County and ARB and
perhaps the Veterans Groups to see if there is any alternatives that can
be agreeable to all parties. Motion seconded by Councilman D'Ardenne,
and carried on the foll-owing recorded vote:
John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye
John W. Stone - Aye W. Edgar Hale - Aye
Bettye H. Steger - Aye Alma H. Holston - Aye
W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye
At 8:00 a.m. Vice Mayor Schrader made a motion that Council adjourn
seconded by Councilman D'Ardenne and carried.
1
APPROVED:
Mayor
Attest:
Clerk of Council