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HomeMy WebLinkAbout8-21-908792 August 21, 1990 Minutes of the regular meeting of the Pulaski Town Council held August 21, 1990, 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., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert J. Lyons, Assistant to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Madelyn Rosenberg of the news media Jake Blevins Walter Gravely Mr. and Mrs. Warren Hurst Mr. and Mrs. J. C. Montgomery Carolyn Hager Mr. and Mrs. Claud Kirkland Andy McCready Pete Crawford Polly Mitchell Diane Thornton Georgie Anderson John Hawley 11 area citizens The Invocation was given by Mayor Hancock. On motion made by Councilwoman Holston, seconded by Councilman Glenn and carried, the minutes of the regular meeting of August 7, 1990, were approved as submitted. TOWN Registered Speaker Gail Byrd, Lexington Ave. off Dora Highway, PROPERTYaddressed Council with the request that she be allowed to install 8 ft. of fencing on Town property at her residence. Mr. Holycross will review this request and bring his findings back to Council. PUBLIC At 7:07 p.m. Mayor HEARING concerning the proposed SEWER Andy McCready, McCready ORDIN, the water used in their only paying for water r Hancock called the public hearing to order adjustment to the Town's sewer ordinance. Mr. Lumber, stated some industries do not return all process to the sewer system and he supported eturned to sewer. He also felt that meeting of July 31 to adopt the water and sewer amendment was a serious issue and that Council had moved too quickly on it. f ...._. _ . August 21, In summarizing the ordinance, Mr. Holycross stated the proposed minimum sewer charge will be $15.75 per month. This is 4.2°s higher than the rate of $15.12 approved by Council at the end of June. The minimum charge will include up to 3,000 gallons of wastewater. Beyond the minimum, the proposed rate would be $2.26 per thousand gallons per month. September 1, 1990, would be the effective date of the proposed rates. The County sewer system customers would pay double the rate of the Town residents. Ms. Diane Thornton, County resident, objected to County customers paying twice the amount of Town residents. It was explained to her that Town residents pay Town taxes and County residents do not. It was explained that increased charges at Peppers Ferry Wastewater Treatment Plant was the major contributing factor in trying to balance our budget. Charges have to be passed on to the customers. I & I problems are also a contributing factor and this has been, and is currently being worked on to correct. There is money in the bond issue to correct these problems once they are determined. Carolyn Hager, owner of laundrymat, felt the increase was unreal and unjust. She was informed that we had projected a $75,000 deficit next June and hope to balance the fund in a two year period. The flat rate for sewer service only and section governing trailers will be reviewed. Mr. Ed Gibson, Mrs. Hurst, Mrs. Mitchell and Mr. Kirkland also commented on the proposed increase. Mrs. Mitchell felt that the July 31st meeting was an illegal meeting and read from the Code of Virginia section governing Executive Sessions. Mr. Terwilliger noted that Council had acted properly in conducting this meeting. At 7:50 p.m., Mayor Hancock adjourned public hearing. Councilman Graham moved that ordinance be adopted with amendments to paragraph #1 monthly charge of $15.75 in Town and $31.50 out of Town; and in paragraph #2, charge of $2.26 in Town and $4.52 out of Town per thousand gallons returned to sanitary system in excess of minimum monthly. And, in paragraph #6, a minimum fee for going on premises to read meters was discussed and Council reserves the right to impose an administrative fee. Motion seconded by Vice Mayor Neighbors. Councilman J. R. Schrader so moved that reading of ordinance be waived, seconded by Vice Mayor Neighbors and carried. Councilman Glenn stated that in May, Council had a balanced budget, however, things occurred which affected Council that brought these actions about. Council acted in the public's best interest. Councilman Crispin supported the other members of Council but he was concerned about presenting "things" to the public saying that they are correct as we did two months ago. He asked where this information that had now come before Council was two months before. He further stated an error had been made, however, not a deliberate one. Vice Mayor Neighbors advised that one item was a billing for $50,000 from Norfolk & Southern for a right of way of which Council was 8794 August 21,1990 not aware. Mr. Terwilliger stated that this $50,000 payment to N & S is a derivative of the construction of Peppers Ferry when lines were put in from Pulaski in the early 1980's. Mr. Groseclose had been negotiating with Norfolk Southern prior to the completion of Peppers Ferry and had remained in negotiations for the past 6-8 years. Mr. Holycross will be discussing with N & S the possibility of spreading the payments out over a period of time. The $50,000 is for right of way that benefits the Town of Pulaski, Town of Dublin and the County of Pulaski and we need to determine what our fair share of the $50,000 is. Motion then carried on the following recorded vote: SEWER ORDINANCE ADOPTED Charles D. Crispin - No Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye TOWN OF PULASKI, VIRGINIA ORDINANCE AMENDING SEWER SERVICE RATES WHEREAS, the Town of Pulaski has undertaken to provide for the health, safety and welfare of its citizens by the operation of municipal systems of water and sewage treatment, both by itself and by cooperative efforts with other governments; and, WHEREAS, it is essential for the long term viability of these systems to have a realistic and equitable system for financing the operation, maintenance, and improvement of these systems through charges to the Town's customers for services and capacity provided to those customers; and, WHEREAS, the Town of Pulaski currently imposes charges for sewer service to its water and sewer customers primarily on the basis of water purchased by the customer; and WHEREAS, the Town historically has imposed a graduated scale of charges for sewage treatment even though the cost per unit treated does not significantly change with increases to the volume being treated; and, WHEREAS, the Town has determined that a more equitable manner of imposing charges would be to impose flat charges for sewage produced by customers, with a minimum to cover administrative costs, but to allow customers to demonstrate to the satisfaction of the Town that all or some of the water furnished by the Town is not returned to the sanitary sewer system; NOW, THEREFORE, BE IT ORDAINED BY THE Council of the Town of Pulaski, Virginia, sitting in regular session on August 21, 1990, that the sewage treatment rates of the Town shall be as follows 1. A minimum monthly charge of $15.75 in Town and $31.50 out of Town will be imposed per sewer connection, which will entitle the August 21, 1990 8795 customer to return up to three thousand (3,000) gallons to the sanitary sewer system in such month. 2. A charge of $2.26 in Town and $4.52 out of Town per thousand gallons will be imposed on each thousand gallons or portion thereof returned to the sanitary system in such month in excess of said minimum. 3. For purposes of computing the amount of water returned to the sanitary sewer system for treatment, it will be presumed that all water purchased by the customer is being returned to the sanitary sewer system. 4. The customer may rebut said presumption and seek an ongoing credit for water consumed by providing satisfactory evidence to the Town that such water is being consumed by the customer and is not being returned to the system. The burden will be on the customer to provide such evidence. The following manners of proof or combinations thereof will be given great weight by the Town: a. Isolation of portions of the customer's water supply system with separate lines and meters; and, b. Isolation of portions of the customer's premises from the sanitary sewer system so as to demonstrate that no water furnished to those areas is returned to the Town; and, c. Installation of modern sewage flow meters of a type approved by the Town which accurately measure the flows returned to the Town. Any margin of error will be resolved in favor of the Town. The estimates of the amount of water consumed by a particular device or process from the manufacturer will not be acceptable. Any proposed meter or instrumentation other than that set forth above will be reviewed by the Town for acceptability and any margin of error inherent in any such devices will be resolved in favor of the Town. 5. Any charges to the customer's water lines and the costs of any additional meters, installation charges, or other applicable charges will be borne by the customer. Any additional water meters or sewer meters will be placed at locations to be determined by the Town Engineer and, except in cases of extreme hardship, will be placed at the customer's property line. 6. The Town Council reserves the right to impose an administrative fee for going onto the premises to read any meters which are not located in the Town right of way at the customer's property line. The Town reserves the right to assess additional administrative charges for reading meters or for separately computing the account of any customer applying for a credit or for processing any application. 7. Any credit sought under this ordinance must be applied for at the commencement of service for new customers or by November 1, 1990 for existing customers to receive the credit during the remainder of the Town's fiscal year. Credit will be given starting with the month that water is furnished after application is approved and any required equipment changes are in place. 8. Any customer not already receiving an approved credit may apply 8796 August 21, 1990 for the credit for a subsequent fiscal year by making application no later than the 1st day of April preceding the fiscal year. 9. An application will state the credit sought and will fully describe the methodology proposed to calculate the credit. All applications and proposed methodology will be evaluated by the Town engineer in accordance with general engineering principles. Any denial will be in writing and state the reasons for such denial. The engineer may grant a credit in an amount less than the amount stated on the application but must state his reasons for doing so. 10. As a condition for receiving such credit, the customer will b deemed to grant the Town the right to make reasonable periodic inspections of any water or sewer lines and meters and other equipment relevant to the credit on the premises of the customer. 11. Any credit granted herein are granted pursuant to the terms of this ordinance is nontransferable. Any person assuming ownership or control of the premises for which the credit is given is required to file a new application. 12. Any person receiving the credit allowed by this ordinance will have the obligation to notify the Town of any mechanical changes, equipment change or failure, or other fact or circumstances which would affect the amount of or measurement of any water furnished to the premises or returned to the sanitary sewer system by the customer. Failure to notify the Town of such fact or circumstance or giving false information in regard to such Town services will result in said credit being declared void ab initio and the customer will be disqualified for any future credit in addition to being charged for all past services. 13. Any customer of the Town of Pulaski who wishes to receive a one-time credit against a single month's sanitary sewer service charges may request such credit no more than once a year by demonstrating that a quantity of water furnished by the Town during said given month was not returned to the sanitary sewer system. An example of this credit would include water line breaks or swimming pool water which is not returned to the sewer system. The credit would not be available for ordinary domestic purposes such as lawn watering and the like. The Town reserves the right to inspect the premises of any customer who requests such a one-time credit and reserves the right to impose an administrative charge for such inspections and handling of such credit. 14. The Town Manager-is authorized to promulgate reasonable rules and regulations to carry out the purposes of this ordinance. 15. Any person aggrieved by the action of the Town Engineer may appeal to the Town Manager by a writing setting forth the nature of the dispute and the relief sought within ten days of the Town Engineer's action. Any person aggrieved by the action of the Town Manger may seek review by the Town Council by submitting such a writing to the council within ten days following such action. 16. Nothing contained herein shall restrict the right to amend, rescind, or otherwise alter the terms and conditions on which water and sewer service are furnished. Any modifications to water and sewer lines by a customer are done at their own risk and will not vest any right to continued credit. Au~tgst 21, 1990 8797 This Ordinance is effective as to water and sewer service furnished on or after September 1, 1990, and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia on this the 21st day of August, 1990. The rates for County residents referred to the Utilities and/or Finance Committee. In hearing from the public, Mr. Jake presented a petition against the rezoning yard. Mayor Hancock stated there was a pro rezoning of the property for the purposes must go to the Planning Commission before it. Blevins, Dora Hiqhway, of Dora Highway for a junk posal for a conditional of a scrap iron yard and it Council takes any action on Mr. Blevins also asked for better lights on Dora Highway and Dora Highway Park, moving of the old gun back into Jackson Park, the old Aust store building on Dora Hiqhway cleaned up and mowing of the ball park. Mr. Holycross stated that Appalachian Power Co. should install lights within the next 60 days down Dora Highway; he is currently working with VFW to get gun moved back into Jackson Park; he has issued directive that Cool Springs Park should be maintained as any other park and he will have Building Inspector look at the Aust building. Also, Police patrols have been increased on Dora Highway. COND. ZONING Councilman W. H. Schrader stated that Walter Graveley has requested conditional zoning on property known as VICC Co. on Dora Highway and the Planning Commission would most probably met on this Monday night, August 27th. Mr. Gravely reported that he was not asking the town to rezone because it is an M-2 zone. Also, he is not asking for a junk yard but a recycling operation. The materials would be shipped from the property every 30 to 40 days. Vice Mayor Neighbors moved that Council refer the conditional zoning request to the Planning Commission, seconded by Councilman Glenn and carried. There being no further comments from the public, Mayor Hancock called for Council Committee Reports. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE Chairwoman Copenhaver had no report. FINANCE COMMITTEE Chairman Neighbors had no report. UTILITIES COMMITTEE Chairman Graham reported that committee had met and reviewed 8798 August 21, 1990 WATER/SEWER request from Hunt and Associates, the developer of Pulaski Village on Memorial Drive, to accept the water and sewer mains located in the public right-of-way into the Town's water and sewer system as dedicated lines, and he so moved that Council approve the dedication and acceptance of the water and sewer lines upon the condition that the developer and/or contractor will be responsible for all maintenance and repair on the lines for one year from the date of acceptance, seconded by Vice Mayor Neighbors and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye PUBLIC OPERATIONS COMMITTEE Co-Chairwoman Holston had no report, however, she stated a meeting needed to be scheduled. MAYOR'S REPORT Mayor Hancock stated a letter had been received from Magnox informing us that they would be undertaking a one and one-half million dollar expansion at their plant and they have applied through the Pulaski County Industrial Development Authority for industrial revenue bonds and they have asked the Town to adopt a resolution which would concur with the approval of the recommendation that bonds be issued. Mr. Terwilliger stated we would adopt a resolution after the bonds had been approved both by the Industrial Development Authority and Pulaski County. Mayor Hancock advised that hopefully the preliminary population counts will be available from the Census Bureau within the coming weeks. Figures will then be reviewed. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. Holycross reported that in the vicinity of the new C &.P Building, they are requesting acceptance of the street, Lafayette STREET Avenue, into the Town's Street System. Downtown East will dedicate 44 ft. of right-of-way and C & P will add 6 ft. of their property for a total of 50 ft. Vice Mayor Neighbors so moved that we go on record that we will accept the street into the Town's system subject to being built to the Town's standards, passing the Town's inspection and obtaining Planning Commission's approval of the street. Formal acceptance will be done at a later date. Motion seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye August 21, 1990 8799 Executive Session was requested by Mr. Holycross on a personnel matter and by Mayor Hancock on a legal matter. Councilwoman Copenhaver moved that Council go into Executive Session on a personnel matter under 2.1-344 Al and a legal matter A7, seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye At 8:40 p.m. Council went into Executive Session. At 9:10 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Councilman J. R. Schrader, seconded by Councilman Glenn and carried. Councilwoman Holston moved that Certification Resolution be adopted, seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye RESOLD. J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Gary C. Hancock - Aye CERTIFICATION RESOLUTION PULASKI TOWN COUNCIL WHEREAS, the Pulaski Town Council has convened an executive meeting on this date pursuant to an affirmation recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 52.1-344.1 of the Code of Virginia requires a certification by this Pulaski Town Council that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Pulaski Town Council hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Pulaski Town Council. EMPLOYEE Mr. Robert J. Lyons, newly hired Assistant to the Town Manager, was introduced and it was reported that Rob was doing a splendid job. TREASURERpersonnel Committee Chairwoman Copenhaver made a motion that effective August 21, 1990, Mildred E. Bolen be appointed as Finance Director for the Town of Pulaski. Motion seconded by Councilman Glenn and carried on the following recorded vote: 8800 August 21, 1990 Charles D. Crispin - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James R. Neighbors - Aye Andrew L. Graham - Aye W. H. Schrader, Jr. - Aye Alma H. Holston - Aye Robert N. Glenn - Aye Councilman W. H. Schrader reported that car decals were now on sale and if calls are received, public should be notified that proof of payment of taxes on vehicle does not have to be presented, as we will provide this service. At 9:15 p.m. Councilman Graham made a motion that Council adjourn, seconded by Councilman W. H. Schrader, and carried. APPROVED: ayor ATTEST: C erk 1