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HomeMy WebLinkAbout11-07-908842 November 7, 1990 Minutes of the regular meeting of the Pulaski Town Council held November 7, 1990, at 4:00 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, Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger - news media Mr. and Mrs. Patrick O'Dell Mr. and Mrs. Claud Kirkland J. B. Warner The Invocation was given by Councilman Glenn. Councilwoman Holston so moved of October 16, 1990 and the minutes 29, 1990, be approved as recorded, carried. that minutes of the regular meeting of the special meeting of October seconded Councilman Glenn and In hearing from the public, Mr. Patrick O'Dell addressed Council with the complaint that he had received a speeding ticket and felt that officers should provide proof of radar readings. He also requested tha old fence at Memorial Square Shopping Center be removed as new fence will be constructed. Town Manager will talk with Town Attorney and Memorial Square developers regarding the fence and with the Chief of Police on certification of officers reading radar units. Mrs. Patrick O'dell addressed Council with the complaint of rocks at the shopping center and felt they were dangerous. She also complained of the "beeping" noise on Sundays that is made by one of the construction vehicles. There being no further comments from the public, Mayor Hancock called for Council Committee reports. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE RECYCLING Chairwoman Copenhaver recognized the recycling containers that have been placed at Kroger store. This is a joint effort by Kroger, Gem City and the New River Resource Authority. 'r November 7, 1990 8843 Councilman Graham made a motion that Council go on record as supporting recycling and a letter be sent to Kroger, Gem City and the New River Resource Authority. Motion seconded by Councilwoman Copenhaver and carried. APPOINTMENT Chairman Copenhaver advised that committee had met on November 5 ZONINC~nd so moved that Eugene L. Nuckols be reappointed to the Board of BD. Zoning Appeals and that Town Attorney prepare the proper Order to be entered by the Judge of the Pulaski County Court for the reappointment of Mr. Nuckols with a term of five years. Motion seconded by Councilwoman Holston and carried. FINANCE COMMITTEE RETREAT Chairman Neighbors reported that the Finance Committee met on October 31 and November 5. On October 31 they met jointly with the Utilities Committee in executive session to discuss a legal matter. They also discussed a Council Planning Retreat to be held January 19-20, 1991 at Mountain Lake. In answering inquiry from Councilman Crispin on cost of this retreat, Mr. Holycross reported that cost would be approximately $1,500 which would include Council and department heads. Mayor Hancock requested that Council submit their ideas/suggestions for items to be discussed. Chairman Neighbors advised that in Finance Committee meeting of November 5 they considered financing alternatives for the East Main Street Bridge redecking project. The bridge redecking will be declared BRIDGEa minor construction project and identified the Town's State Urban Fund Allocation as the funding source. Cost of the project is estimated at $250,000 and it is anticipated that the project will begin in August, 1991. A Resolution was presented requesting the Virginia Department of Transportation to program the redecking of the Route 99 bridge over the railroad tracks. Councilwoman Copenhaver made a motion that reading of the resolution be waived, seconded by Councilman Glenn and carried. Councilwoman Holston made a motion that Resolution be adopted, seconded by Councilman J. R. Schrader and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye RESOLUTION ADOPTED PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway minor construction project in the Town of Pulaski; riow THEREFORE, BE IT RESOLVED that the Council of the Town of Pulaski, Virginia, requests the Virginia Department of Transportation to establish an urban system highway minor construction project for the i 8844 November 7, 1990 improvement of the East Main Street Bridge over the Norfolk Southern railroad. BE IT FURTHER RESOLVED, that the Council of the Town of Pulaski hereby agrees to pay its share of the total cost of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the Town of Pulaski subsequently elects to cancel this project, the Town of Pulaski hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the department is notified of such cancellation. Adopted this 7th day of November, 1990. Chairman Neighbors advised that a request from the New River Valle Airport Commission in the amount of 57,728 for the replacement of the fuel farm had been considered. They recommended that the request be deferred and considered during the development of the FY 1991-92 budget. Mr. Holycross requested this matter be referred back to the Finance Committee as additional information is now available. Chairman Neighbors further advised that committee had been informed that Appalachian Power Company had decreased the rates for electrical service. The overall general service decrease is approximately 8.5 percent. A portion of the decrease is retroactive to July 1, 1990. UTILITIES COMMITTEE WATER Chairman Graham reported that approximately 400 water meters were METERS inoperative and 309 meters have now been replaced. Town Manager and Director of Public Works and his department were commended for their work on this project. ORDINANCE COMMITTEE Chairman W. H. Schrader was absent. Councilwoman Holston advised that committee had met on October 30 and considered a request by Blue and White Cabs to increase taxi cab rates by 25 cents per zone. Taxi TAXI cab rates are currently fixed by ordinance (Code Section 8-257). The CABS rate schedule is based upon travel within, between and into the Town's four taxi cab zones. The current rate schedule ranges from $1.90 to $2.30, inclusive of a fifty cent flat charge. The proposed rate schedule would range $2.15 to 52.55. The committee recommended approval of the increase and Councilwoman Holston so moved that a public hearing be scheduled for November 20, 1990, at 7:00 p.m., seconded by Vice Mayor Neighbors and carried. Councilwoman Holston reported that the Town Manager is preparing a comprehensive parks ordinance for Council's future consideration, which would regulate conduct and operating hours in Town parks. PUBLIC OPERATIONS COMMITTEE Co-Chairwoman Holston and Co-Chairman J. R. Schrader had no report. MAYOR'S REPORT Mayor Hancock had no report. TOWN ATTORNEY'S REPORT November 7, 1990 8845 Mr. Terwilliger presented an Ordinance rezoning parcel between Bob White Boulevard and Newbern Road. Councilman J. R. Schrader so moved that reading of Ordinance be waived, seconded by Councilman Glenn and carried. Councilwoman Holston made a motion that Ordinance be adopted, seconded by Councilman J. R. Schrader, and carried on the following recorded vote: Charles D. Crispin - No Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye TOWN OF PULASKI, VIRGINIA ORDINANCE REZONING PARCEL BETWEEN BOB WHITE ORDINANCE BOULEVARD AND NEWBERN ROAD ADOPTED MAP N0. 073-015-000-001-002-003-004-005, and PART OF 039 WHEREAS, James E. Lucas and Gail C. Lucas are owners of a parcel of land lying between Bob White Blvd. (Route 611) and Newbern Road in the Town of Pulaski, Virginia, and hold an option to purchase an adjacent parcel at the same location; and, WHEREAS, James E. Lucas and Gail C. Lucas made application to the Town of Pulaski for rezoning of said parcels from R-1, Residential to B- 2, General Business; and, WHEREAS, after notice as required by law, the Town Council and the Town Planning Commission had a public hearing on October 16, 1990, and heard from the applicant, various nearby landowners, and the Town staff; and, WHEREAS, following the public hearing, the Planning Commission met and returned a recommendation to the Town Council that the property be rezoned from R-1 Residential to B-1 Local Business; and, WHEREAS, after due consideration of the information before it as evaluated by appropriate zoning standards, the Town Council finds that the property in question is unsuitable for residential use and that rezoning it to B-1, Local Business will place it into productive use while minimizing any adverse impact on the nearby residential property; NOW, THEREFORE, BE IT ORDAINED BY THE Council of the Town of Pulaski, Virginia, sitting in regular session on November 7, 1990, that the parcels shown on the tax map parcels as numbers 073-015-000-001, 002, 003, 004, 005, and the part of 039 lying west of Thorn Spring Branch, all of which land is between Bob White Boulevard (Route 611} and Newbern Road, owned andlor under option to James E. Lucas and Gail C. Lucas, be and hereby are rezoned from R-1, Residential to B-1, Local Business. The Town zoning administrator is directed to mark this change and the date on the master zoning map for the Town of Pulaski and said map is hereby amended to incorporate this change. fihis Ordinance is effective upon adoption and is adopted by 8846 November 7, 1990 • recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 7th day of November, 1990. Mr. Terwilliger requested an Executive Session on three separate legal matters. TOWN MANAGER'S REPORT TAXI Mr. Holycross stated it was time to schedule the annual taxi cab CABS public hearing on the issuance of certificates and requested this hearing be scheduled for December 4, 1990, at 4:00 p.m. Mr. Holycross also requested that a real estate matter be discusse in Executive Session. Councilman Crispin made a motion that Council go into Executive Session on three legal matters under 2.1-344 A7 and a real estate matter under 2.1-344 A7 and A3, seconded by Councilman Glenn and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye At 4:31 p.m. Council went into Executive Session. Mr. Claud Kirkland asked if the matter of the loan to Jefferson Mills on the agenda for Executive Session. Mr. Terwilliger replied this would be one of the legal matters; the second legal matter would be threatened claim against the Town; and the third legal matter would be possible legal action by the Town. JEFFERSON MILLS Mr. Kirkland stated he realized the Jefferson Mills situation was touchy matter but asked that Council consider all the information and hopes they have all the information they need. In 22 years, Jefferson Mills has had four owners and in the past has been a well managed company, but he would trust that Council felt that they had gotten all the information they needed to cast their vote. Mr. Kirkland quoted the businesses that had closed due to bad management, or market conditions. He requested that vote be based on good business procedure. At 5:40 p.m. Council returned to regular session and waived reading of the certification resolution on motion made by Councilman Graham, seconded by Councilman Glenn and carried. Councilwoman Holston so moved that Certification Resolution be adopted, seconded by Vice Mayor Neighbors and carried on the following recorded vote: CERTIFICATION RESOLUTION Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye November 7, 1990 8847 Certification Resolution 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. An Ordinance appropriating UDAG funds to assist Jefferson Mills, Inc., Kahn & Feldman, Inc., and Batreal Corporation was presented. Councilman Crispin made a motion that reading of the ordinance be waived, seconded by Councilwoman Holston and carried. Councilman Graham made a motion that Ordinance be adopted, seconded by Councilwoman Copenhaver and carried on the following recorded vote: JEFFERSON MILLS Charles D. Crispin - No Andrew L. Graham - Aye ORDINANCE J. R. Schrader, Jr. - No W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - ~ No. Town of Pulaski, Virginia Ordinance Appropriating UDAG Funds to Assist Jefferson Mills Inc., Kahn & Feldman, Inc., and Batreal Corporation WHEREAS, Jefferson Mills, Inc., Kahn & Feldman, Inc., and Batreal Incorporated own and operate a textile processing plant in the Town of Pulaski, Virginia; and, WHEREAS, said corporations have approached the Town of Pulaski, the County of Pulaski, and the Pulaski County Industrial Developments Authority for funds to assist it in continuing operations and maintaining employment; and, WHEREAS, the Town has available certain Urban Development Action Grant funds being repaid by Pulaski Furniture Corp. and Magnox, Pulaski Incorporated, and these funds have been segregated and designated for industrial development purposes; and, WHEREAS, the textile facility has operated in the Town of Pulaski since 1938 and has been and with the assistance of local localities can continue to be a substantial source of direct and indirect revenue to the localities in the form of real estate, personal property, machinery and other taxes, as well as fees for water, sewer and other public utility services; and, 8848 November 7, 1990 WHEREAS, said textile plant also employs over 300 persons who directly and indirectly pay taxes and revenues to the Town of Pulaski; and, WHEREAS, the County of Pulaski and the Industrial Development Authority have agreed to lend a maximum of $800,000.00 in industrial development funds to the industries and have invited the Town to participate in said loans; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF $400,000.00 of the Urban Development Action Grant funds be and hereby are appropriated for expenditure, to be paid to the Industrial Development Authority of Pulaski County, to be loaned to the aforesaid industries in accordance with loan and security agreements in forms substantially the same as those presented to the Town. The Mayor, Vice- Mayor and Town Manager are each authorized to execute such documents that are reasonable and necessary to complete the contemplated transaction, and the Town Treasurer and Town Manager are authorized to make any disbursements. In furtherance of this purpose, the Industrial Assistance Agreement with Pulaski County and the Industrial Development Authority of Pulaski County filed herewith is hereby approved. PROVIDED, that in no event will this transaction be deemed a pledge of the full faith and credit of the town and in no event will any obligation under any instrument be deeded a general obligation of the Town. Neither this ordinance nor any instrument executed by the town in furtherance of it will vest any right in any person or entity, including said industries, unless such rights are specifically set forth therein. This Ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 7th day of November, 1990. At 5:45 p.m. Councilwoman Holston made a motion that Council adjourn, seconded by Vice Mayor Neighbors and carried. APPROVED: t/` (/~ ayor Attest: Clerk of Council