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HomeMy WebLinkAbout08-03-93August 3, 1993 Minutes of August 3, 1993, Building. There were Council Me the regular meeting of the Pulaski Town at 4:00 p.m. in the Council Chambers in present: Vice Mayor W. H. Schrader, tubers: Charles D. Crispin, Roy H. Andrew L. Graham, E. G. B1 Alma H. Holston, Robert N. 9291 Council held the Municipal Jr., presiding D'Ardenne, ack, Jr., Glenn Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager Robert J. Lyons, Asst. Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Pete Crawford Mrs. Walter Novell Henderson Randolph Mary L. Duncan Valencia Johnson Ronald Vaughan Frances Delp James C. Lefler The meeting was called to order by Vice Mayor W. H. Schrader. Councilman Glenn led the Pledge of Allegiance and Councilman Crispin gave the Invocation. Following the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of July 20, 1993, be approved as submitted, seconded by Councilman Black and carried. PUBLIC HEAR~NG Vice Mayor Schrader stated that first on the agenda was a public Baring to consider a request by Pulaski Furniture Corporation to close a portion of an East-West alley located between 5th Street, North and 4th Street, North in Block 34. Mr. Combiths advised that visual overheads had been prepared to illustrate the exact location of the alley, and also the Town Attorney had several agreements to review with Town Council regarding the alley closing. By use of the overhead visuals, Mr. Lyons, pointed out the 125 ft. section that was requested to be closed, between Washington and Madison. Mr. Terwilliger reported that in researching this particular alley, it was formed back in 1890. This section was platted and at that time the statute read that the Town would require only an easement over the alleyway which means that under Virginia law would revert to abutting 9292 August 3, 1993 PUBLIC HEARING, ALLEY CLOSING land owners. Mr. Terwilliger had been in touch with the attorney for the abutting land owner, the Muncy's, who own the shopping center where the Southwest Times is located. Their main concern was that they have continued access to the back of the property. They did not want to hinder any expansion project for Pulaski Furniture. In contacting Pulaski Furniture, they could get by with a 40 foot section of the alley being closed, starting at the eastern line, lot 7, and going 40 feet would accomplish their objectives. Mr. Terwilliger advised that part of the request was not only that the alley be closed and vacated, but that that the entire width of the alley be abandoned to the requester, Pulaski Furniture, and it is necessary to have that interest of the Muncy's. Mr. Terwilliger made the recommendation that instead of closing the entire alley, to close only that 40 foot section abutting lot 7. Mr. Terwilliger had a proposed agreement with the Muncy's whereby if that is all we do, and we agree to pave the alley and have it maintained either directed by the Town or Pulaski Furniture, that they will then give us a deed to their 10 ft. section of the alley. Mr. Terwilliger had checked with Pulaski Furniture who advised that they would be happy to maintain the alley if the Town paved it. This would remain a public alley, therefore, the Town would have the obligation to maintain it. There were no comments from the public for or against this alley closing. ORDINANCE public hearing was closed at 4:10 p. m. ALLEY CLOSING Ordinance No. 93-18 was before Council Closing a Forty Foot Portion of an East-West Alley Located Between Fifth Street, North and Fourth Street North, in Block 34 Beginning from a Point at the East Line of Lots 7 and 26, Continuing Eastward 40 Feet. Councilwoman Holston so moved that reading of Ordinance No. 93-18 be waived, seconded by Councilman D'Ardenne and carried. Councilwoman Holston made a motion that Ordinance No. 93-18 be adopted, seconded by Councilman Crispin and carried on the following recorded vote: ORD. N0. 93-18 Charles D. Crispin - Aye Andrew L. Graham - Aye ADOPTED J. R. Schrader, Jr. - Absent E. G. Black, Jr. - Aye PULASKI Roy H. D'Ardenne - Aye Alma Holston - Aye FURN. W, H. Schrader, Jr. - Aye Robert N. Glenn - Aye Councilman D'Ardenne made a motion that Council authorize Vice Mayor W. H. Schrader to sign the agreement with the Muncy's, seconded by Councilman Black, and carried on the following recorded vote: VICE MAYOP. AUTHORIZED Charles D. Crispin - Aye Andrew L. Graham - Aye TO SIGN J. R. Schrader, Jr. - Absent E. G. Black, Jr. - Aye AGREEMENT Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye Mr. Ira S. (Pete) Crawford expressed his appreciation to Town Council for their efforts and advised that next week, Pulaski Furniture would be making public an announcement as a result of the action taken Aug. 3, 1993 9293 tonight. TREE In hearing from the public, Mrs. Walter Novell, Pierce Ave., addressed Council advising that she had a huge tree on 4th Street that she was afraid would fall on her property and asked that the Town remove the tree. Mr. Combiths advised that the Town Engineer had done an initial investigation of the location of the tree. Mr. Terwilliger had been working on this complaint and and after a research of records at the courthouse, he will get Mrs. Novell a reply later this week. As there were no further comments from the public, Vice Mayor Schrader called for Council Committee Reports. PERSONNEL COMMITTEE In the absence of Chairman J. R. Schrader, Councilwoman Holston advised that the Personnel Committee had met July 28, 1993. The Personnel Committee recommended, and Councilman D'Ardenne so moved that the following appointments be made: APPOINTMEN'T~wn Manager Thomas M. Combiths as alternate to Councilman Glenn on the New River Valley Airport Commission; Town Manager Thomas M. Combiths as alternate to Mayor Gary Hancock Virginia Municipal League; Town Manager Thomas M. Combiths to the New River Resource Authority That John Bolen be reappointed to Trustees to Cemetery Trust Fund for three year term; That Frank Gilbert, Jr. be reappointed to the Beautification Committee for a three year term; That Eddie Hale be appointed to fill unexpired term of Tom Cox on the Parking Authority with term to expire December 18, 1994. That Robbie Gardner be reappointed to the Parking Authority for a five year term. That Erin Wigginton be reappointed to the Housing Board of Adjustments and Appeals for another five year term; That Betty Sadler be reappointed to the Architectural Review Board for a four year term. Motion then carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Absent E. G. Black, Jr. - Aye Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye Councilwoman Holston advised that at the Personnel Committee, it was suggested that an additional meeting be scheduled to examine whether to designate the Town buildings as smoke-free environments. It was also suggested that we look into honoring outstanding students for academic achievements. FINANCE COMMITTEE WATER Chairman Schrader stated that the Finance Committee had met prior STUDY to the Council Meeting to review an agreement between the Town and Ernst 9294 August 3, 1993 ERNST & YOUNG - WATER STUDY & Young for a water rate study. The Finance Committee recommended, and Chairman Schrader so moved, that the Town Manager be authorized to go into agreement similar to the one that was reviewed with minor changes, with price of study to be $30,000. Councilman Graham stated he could not support the hiring of a consultant in making our water study. Councilman Graham stated that we do have a good water system, but in his opinion, it had been managed very poorly for the past several years. The Town Administration, along with Council, he believed, had the ability to come up with a proper water rate. Councilman Graham stated that we know the cost of improvements, and that is the only way the consultants will secure this information is from the Town itself. He felt we know the cost of operating our system and the revenue we are receiving, and that we can identify our problems and he believed the Council should back the Town administration and come up with a water rate that is satisfactory and fair to all the people and businesses in our Town. Councilman Graham further stated that he believed that people elect them to make decisions and this is a hard decision because we are talking about increasing rates and it is this Council's responsibility to act on this. We have to have the money in the water fund to pay for this $30,000 study and he believed we could afford the luxury of waiting 6 months or so longer to adjust the water rates although they will give us an interim rate by September 15 but even that will be near the end of the year before we will start realizing any increase in revenue. He stated we are running at a deficit of about $17,000 per month in the water fund and we had not addressed the issue of how we were going to pay for this consultant service, how we will pay for deficit that is accumulating every month, what projects would be folded in for the rate study, where we will get the money to pay for our second installment of $180,000 to the water fund indebtedness. Councilman Graham stated that we have approximately 250-300 meters that are not operating. He felt we should have proper water meters and we have a lot of work to do in the water system. There are not any capital expenditures to improve our water system in the budget. Councilman Graham could not support the contract. Councilman Crispin also commented that he supported the comments of Councilman Graham. He felt that the Town government could come up with a proper water rate that would be fair and equitable to all the citizens and businesses. Councilman Crispin felt the primary problem we have is tepidity; that we are afraid to take the position and we are hiring consultants at a cost of $30,000 so that if they come up with a recommendation and it is voted on, and it turns out to be a bad move, then we can pass the buck to the consultant and try to absolve ourselves of the responsibility. Councilman Crispin had no intention of voting to support a position that requires the Town taxpayers to spend another $30,000. He felt that they had been elected, and had the responsibility to do what they were elected or paid for. One of those things, in his opinion, is to come up with a fair and equitable water rate, or any other things required for the Town without spending additional taxpayers' money to accommodate it. Under those circumstances, he would not support this contract. Councilman Graham stated that although he did not support the August 3, 1993 9295 hiring of consultant, if they do come to review the situation, he felt that Council should be appraised of date they would be here and allowed to attend those meetings if possible. Motion then carried on the following recorded vote: MANAGER AUTH. TO Charles D. Crispin SIGN AGREES . R. S c h r a d e r, J r. MENT Roy H . D' Ardenne WATER STY. W. H. Schrader, Jr. UTILITIES COMMITTEE - No Andrew L. Graham - No - Absent E. G. Black, Jr. - Aye - Aye Alma H. Holston - Aye - Aye Robert N. Glenn - No Chairman Graham advised that a scheduled for August 5, however, as the meeting date would be changed, PUBLIC OPERATIONS COMMITTEE Utilities Committee meeting had been additional information was needed possibly to next Thursday. WINDOW S.GIBSON Chairwoman Holston advised that the Public Operations Committee had met July 29 and reviewed the request of Sonny Gibson for permission to install a "pick-up" window on the east wall of Sonny's Place so that orders could be picked up from vehicles in the North-South alley between the restaurant and the former Pulaski Theatre. Chairwoman Holston stated an objection had been received from the Police Department due to concerns over access for fire and emergency vehicles and trash collection. Also, the alley carries a significant amount of traffic related to the courts. The Fire Chief also objected to the request because vehicles at the window could potentially impede firefighting equipment. MAIN ST. Councilwoman Holston stated that the Public Operations Committee PARK .recommended, and she so moved that staff be directed to designate two 15 minute parking spaces on the north side of Main Street between the historic Courthouse and the the subject alley, for easy access to Appalachian Power Co., restaurants, etc. during normal business hours, and carried. Chairwoman Holston also stated that the Public Operations Committee suggested that the Town Manager review whether the existing loading space on the south side of Main Street should be converted to two hour parking. PEAK CREEK Chairwoman Holston stated that the Public Operations Committee also met on July 21 and reviewed the dike constructed by the Town at Kersey Bottom. The Public Operations Committee recommended, and Chairwoman Holston so moved that the following maintenance plan be adopted: 1) Erosion from a storm that has a significant impact on the structural integrity of the retaining wall will be repaired by the Town on the creek side only. This determination will be made jointly by the Public Works Director, Town Engineer and Town Manager. 2j Repair and maintenance on the property owner's side will be the responsibility of the property owner. 9296 August 3, 1993 3} The Town will not be responsible for any seeding, reseeding, mowing or maintenance for any portion of the retaining wall. 4) If the entire retaining wall or a significant portion is completely destroyed through a natural occurrence, the Town will seek State and Federal aid to replace or repair the retaining wall if available. The Town will forward this maintenance plan to the property owners. In addition, the Public Works Department will perform the following items one more time: a) Remove several large rocks on the north side of the retaining wall on Mrs. Morefield's property. b) Reseed the top of the bank. c) Plant appropriate vegetation along the bank after seeking input from the Soil Conservation department. (DRAINAGE Chairwoman Holston stated that the Town Engineer and Public Works Director also explained that the Mifflin Avenue drainage improvement will also address the drainage ditch near Mr. Ratcliff's Melborn Street property. PEAK CREEK Mr. Lyons reported that the Public Works Department had removed the large rocks from Mrs. Morefield's property. The Soil Conservation Department recommended that seeding the bank be done in January, February or March. Added to Public Operation Committee's motion was suggestion by Mr. PEAK CREEI~Terwilliger that when we go onto anyone's property that we obtain a release from them so that they understand that we aren't going to be liable in the event there is a problem. Motion then carried. ORDINANCE COMMITTEE Chairman Glenn advised that before Council was Ordinance No. 93-19 ORD. 93-lc~stablishing the Family and Medical Leave Act for the Town's Personnel Medical Policies and Procedures Manual, and so moved that reading of this Leave ordinance be waived, seconded by Councilwoman Holston and carried. (Family) Under the federal act, we have to have information in our employee handbook which advises the employees of their right under the act according to Mr. Terwilliger. The easiest way to do this is to adopt the policy and then when the Departemnt of Labor comes out with its regulations, we can amend the policy as necessary. Chairman Glenn made a motion that Ordinance No. 93-19, to include section 4, sub-section D, paragraph "d" be adopted, seconded by Councilman Crispin and carried on the following recorded vote: 1 Charles D. Crispin - Aye Andrew L. Graham - Aye August 3, 1993 9297 3. R. Schrader, Jr. - Absent E. G. Black, Jr. - Aye Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye TRAIN WHISTChairman Glenn advised that before Council was Ordinance No. 93-20 Amending Sec. 10-16 of the Town Code, regulating train signals. Chairman Glenn stated that the Ordinance Committee recommended to Council that the ordinance be revised once again to advise the railroad that they are to discontinue the use of bells, whistles or horns within the Town limits except when reasonably necessary in the judgment of the train operator to warn traffic or pedestrians of the approaching train. Chairman Glenn so moved that reading of Ordinance No. 93-20 be waived, seconded by Councilman Crispin, and carried. The Ordinance Committee recommended, and Councilman Glenn so moved, that Ordinance No. 93-20 be adopted. Councilwoman Holston reported that when this ordinance was changed several months ago, it was after a meeting with the County, Town of Dublin, Town of Pulaski and representatives of Norfolk Southern Railroad. For safety of our citizens, she could not vote for this ordinance. Councilwoman Holston felt that ordinance should stay as it is now, nat blowing whistle at night and blowing whistle during daytime. She stated a lot of children and adults were in Jackson Park, and children on bicycles. Also, when train station is open with Chamber of Commerce and museum operating in it, we will have many people right at the tracks. Councilman Crispin appreciated remarks of Councilwoman Holston but had heard from one other member of Council that he had been witness to children going out and challenging the train even though the train was blowing the whistle. Evidently, the train whistle was not deterring doing something stupid. He did not believe that blowing the whistle would help. He felt that people who sleep in the daytime should have the same consideration as those sleeping at night. If the railroad sees a child or anything else that would pose a danger either to property or personnel, they have a perfect right to blow the whistle under this ordinance. He felt it was a good change. From the public, Mr. Randolph stated that most of the wrecks are at gates where gates are down and people are trying to beat the train. Councilman Graham expressed concern over the safety. He stated we had not had many complaints from 7:00 a.m. until 11:00 p.m. Most of the complaints are from blowing the whistle at night. He felt that if we had one serious accident due to lack of not blowing a whistle, it would be a terrible situation. He felt that 11:00 p.m. until 7:00 a.m. with no whistle blowing, would be adequate. He felt that we might not be calling the railroad's attention to this matter. Vice Mayor Schrader advised that the former Town Manager and the Chief of Police had been over this several times with the railroad authorities, and he supported the ordinance before Council as it did not excuse the train operator from blowing his whistle when there was something on the tracks. 9298 August 3, 1993 Motion to adopt Ordinance No. 93-20 then carried on the following recorded vote: ORD. 93-20 Train Whistles adopted Charles D. Crispin - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Absent E. G. Black, Jr. - No Roy H. D'Ardenne, Jr. - Aye Alma H. Holston - No W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye Chairman Glenn stated that before Council was Ordinance No. 93-21 Amending Section 10-72 of the Pulaski Town Code regarding the parking of tractor-trucks in residential areas. Chairman Glenn so moved that reading of Ordinance No. 93-21 be waived, seconded by Councilman D'Ardenne and carried. Chairman Glenn made a motion that Ordinance No. 93-21 be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: ORD. 93-21 TRACTOR/ Charles D. Crispin - Aye Andrew L. Graham - Aye TRAILER J. R. Schrader, Jr. - Absent E. G. Black, Jr. - Aye PARKING Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. Combiths reported that: The Town is currently in process with our annual audit. The Public Works is finished with the Rural Water Association first phase of their leak detection tests thoughout the Town. Mr. Lyons and staff are working on the train station project and its renovation. We are also looking at the right-of-way to extend the trail system from its current terminus at Bob White into Town. Engineering have finished the lift station at Wurno that they have been working on for a number of months. Closing took place with Mr. George Penn in his business on Washington Ave. It was also reported that Mr. Combiths would pursue the matter of the Enterprise Zone with the County. Councilman Crispin stated that he had requested from Mr. Lyons a detailed report regarding Pulaski Main Street, Inc. Mr. Lyons reported that this report should be ready very shortly as the Town Manager, and Asst. Town Manager had met with the Finance Director so that they can begin to close out the books at June 30. August 3, 1993 9299 Councilwoman Holston stated that she liked the "Statement of Belief" that had been distributed to Town Council. Councilwoman Holston reported that the 7-11 stores have a project "People Who Read Achieve" and last year gave money to the Literacy Program. The information Councilwoman Holston received was given to the Pulaski County Library and the Southland Chesapeake Division has awarded money to our local Library. At 5:00 p.m., Councilman Graham made a motion that Council adjourn, seconded by Councilman Black and carried. APPROVED: W. H. c rader, Vic Mayor Attest: Ruth A. Harrell, Clerk 9300 August 17, 1993 Minutes of the regular meeting of the Pulaski Town Council held August 17, 1993, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: Charles D. Crispin, J. R. Schrader, Jr., Roy H. D'Ardenne, Andrew L. Graham, E. G. Black, Jr., Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager Robert J. Lyons, Asst. Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Mildred Bolen Ronald Vaughan Roscoe Cox Bob Wallace Mr. & Mrs. Ralph Grubb Flo Stevenson Anne Wallace Winnie Wampler Margaret Stark Wes Stark E. S. Hoopes III Jack Jackson Audrey Jackson Jeanette Stephens Marlis R. Flynn E. M. Stephens Mary & Al Trivisonno Virginia Kirkland Gilmer Newman Ruth Crispin Nellie & J. B. Warner Elda Kennedy Eddie Hall Sonny Gibson Debbie Jonas Tommy Jonas Stephen Weston Barry Buckner 8 area citizens The meeting was called to order by Mayor Hancock. Councilman Black led the Pledge of Allegiance and Mayor Hancock gave the Invocation. Following the roll call, Councilwoman Holston so moved that minutes of the regular meeting of August 3, 1993, be approved as submitted, seconded by Councilman Crispin and carried. RESOLUTION FAIR Mayor Hancock advised that before Council was Resolution No. HOUSING Endorsing the Concept of Fair Housing. the 93-12 Mr. Lyons stated that in 1991 the Town received a Community Block Grant for the Cool Springs Neighborhood Improvements. Each year of the grant we are required to further the concept of fair housing to meet our grant requirement. Councilman J. R. Schrader so moved that reading of Resolution No. 93-12 be waived, seconded by Councilman D'Ardenne and carried.