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HomeMy WebLinkAbout01-15-91January 15, 1991 8877 Minutes of the regular meeting of the Pulaski Town Council held January 15, 1991, 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 Planning Commission Dr. A. W. Anneski, Chairman William T. Smith, Jr., Roy D'Ardenne, Roy David Warburton, Joe Weddle, Andy McCready Also Present: Don E. Holycross, Town Manager Robert J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Rebekah Corso, Secretary Visitors: Dee Lindsey and Paul Dellinger - news media Mr. and Mrs. J. B. Warner Mr. and Mrs. Claud Kirkland Mr. and Mrs. J. C. Montgomery Jeff Spickard - Dewberry & Davis John Hawley Bill Pedigo Bill Martin Mrs. Polly Mitchell Two area citizens The Invocation was given by Mayor Hancock. On motion made by Councilwoman Holston, seconded by Councilman J. R. Schrader, and carried, the minutes of the regular meeting of January 2, 1991, were approved as recorded. PUBLIC HEARIN(~1 public hearing held jointly with the Planning Commission was COND. first on the agenda. Mayor Hancock advised that conditional use USE application 90-11CU, Peppers Ferry Road water tank, and conditional use application 90-12CU, Ridge Avenue Pump Station would be considered and asked for citizens' comments. Mr. John Hawley, Town Engineer, with the aid of Mr. Bill Pedigo, Project Engineer, explained the conditional use applications. The first application considered was #90-11CU; water tank. The Town of Pulaski was requesting approval to construct a 982,612 gallon steel tank. The tank measures approximately 100 feet tall and 41 feet in diameter and would be located near the crest of the hill near the intersection of Route 11 and Peppers's Ferry Road. The height of the tank is needed to provide the required water pressure. Color would be sky blue or green. 8878 January 15, 1991 The water tank would serve the northeast section of Town, including Newbern Heights. The Town of Pulaski was also asking for approval of a conditional use to construct a pump station on Ridge Avenue, located near the existing Ridge Avenue water tank. The Ridge Avenue water tank would not be removed. The proposed pump station serves the proposed water tank on Route 11 and Peppers Ferry Road. It is a one story, brick faced, or painted if less expensive, shingle roof structure equipped with two 20 hp pump motors. A radio telemetry system to the new tank and filter plant controls the pump motors. The completion of all phases of work will eliminate two small pump stations, located on Pleasant Hill Drive and Peppers Ferry Road. Mr. Claud Kirkland asked about ownership of the property, and it was stated that the town owns the land for the pump station and an agreement has been reached with the property owner of land for the water tank. Mr. D'Ardenne suggested that application on pump station be changed from brick faced, to brick faced and either/or painted which was agreeable to the Planning Commission and to Town Council. There being no further comments on the conditional use applications, the Planning Commission retired to another room at 7:10 p.m. to consider the two requests for conditional use. J. B. WARNER In hearing from the public, Mr. J. B. Warner conveyed to Council, ADDRESSES the Concerned Citizens' best wishes for the year 1991 and hoped their COUNCIL relationship will be harmonious as it was in 1990. He stated that unfinished business, as far as the Concerned Citizens were concerned, was the 1.7 acres that shopping center developers could not have an option on until January 1, and they don't know whether they optioned or what their plans are for it if they did; what purpose it would be used for; traffic light proffered by Wyatt Development for $75,000; the fla spot for future sidewalk on Peppers Ferry Road; and the curb and gutter on Memorial Drive did look good. Mr. Warner also suggested that Wyatt Development come forth with what other stores would be occupied. Mr. Warner further stated that the Utility Committee had had problems in 1990 with the Rt. 11/Mashburn Avenue water line that will not reach Mashburn Avenue, that it will only reach Sutherland Woods. We borrowed money to bring it back to Mashburn. It will not furnish water pressure to a great area, including his house. Mr. Warner also stated that no one had hooked onto the Twin Oaks sewer; that the Town had failed to obtain a right of way. We have a $100,000 project and are not realizing any return on our investment. He said the worse thing that happened as far as the people are concerned is that the Utility Committee had allowed 400 water meters to become inoperative. The Town's people were deprived of revenue that these meters would have accrued to the water fund. One theory on street is that if we had had water meters working, we would not have had a water increase last summer. He felt we were also losing money on our commercial meters that were out of service. He questioned why 400 water meters were out of service and why we January 15, 1991 8879 ~ allowed this to exist and go so long before being replaced. WATER METERS Councilman Graham stated that meters are being replaced as they are found to be defective, and it is debatable whether the Town lost money . He did not feel this caused a rate increase. This topic discussed at length with comments being made by Councilman Graham, Councilman Crispin, Vice Mayor Neighbors, Mayor Hancock, Councilwoman Holston, Councilman W. H. Schrader, and Councilwoman Copenhaver. Mrs. Polly Mitchell questioned a commercial meter being out of service for a lengthly time. Mr. Holycross stated it was an Administrative responsibility to see that water meters are kept properly maintained and replaced when they go out of service. He further felt that Public Works had done an excellent job in replacing the defective meters. Councilwoman Copenhaver felt that if she did not have to be at the meeting, she would be at home praying for world peace. We are facing a crisis tonight that is unreal and we have a group of people that are tearing the Town apart. Mayor Hancock called for Council Committee Reports. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE EMPLOYEES Chairwoman Copenhaver advised that the Personnel Committee had met and directed the Town Manager to submit a copy of an amended grievance policy to the Virginia Department of Employee Relations Counselors. Upon the Department of Employee Relations Counselors approval, the amended grievance procedure will be brought back to Council for approval. FINANCE The new Assistant to the Finance Director, Anita Taylor, was introduced to the Personnel Committee. FINANCE COMMITTEE WATER Chairman Neighbors advised that the Finance Committee had met on METERSJanuary 14. They were informed the Town would be realizing a savings in the purchase of water meters. Five industrial meters were reduced in size from two inch to 1-1/2, inch which are cheaper. The Finance Committee also discussed the refund of $1,500 CAREERcontribution to the Career Fair, sponsored by Delegate Thomas Baker. FAIR The Career Fair has been indefinitely postponed. ECONON~C Chairman Neighbors stated that the New River Valley Economic evelopment Alliance had submitted a request for the Town's financial investment in the Marketing Program for F/Y 1992. The financial investment rate is fifty cents per capita and totals $4,954. The Town budgeted $5,000 for the marketing program. UTILITIES COMMITTEE WATER & Chairman Graham reported that the Utilities Committee had met SEWER January 14, 1991, and recommended approval of an ordinance providing for adjustments to water and sewer charges related to private property leaks $880 JanuaryTlS, 1991 or breaks. Mr. Holycross read this ordinance. Councilwoman Holston made a motion that ordinance be adopted, 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 1 Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ; ORDINANCE N0. 91-2 ~ AN ORDINANCE PROVIDING FOR ADJUSTMENTS TO LEAKS OR BREAKS ON PRIVATE PROPERTY ORDINANCE ADOPT~I~ IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, sitting in regular session on January 15, 1991, that: Section 1. Any customer of the Town of Pulaski, who wishes to receive a one- time adjustment against the customer's water and sewer bill because of extraordinary circumstances, may request such adjustment not more than once a year by making application to the Town Manager or his designee. Examples of such adjustments would include the following: a. Sewer Charge Adjustment 1. Water line breaks or leaks on the customer's side of the water meter where such water is not returned to the sanitary sewer system, filling of swimming pools where any water drained from the pool would not be returned to the sewer system; or other similar circumstances where a large volume of water which can reasonably be estimated by the Town has been consumed on the premises without entering the sanitary sewer system. This adjustment will not be available for ordinary domestic purposes such as lawn watering and the like. b. Water Charge Adjustment 1. Water line breaks or leaks on the customers side of the water meter where such break or leak has resulted in a water consumption on the subject premises that is at least two times the average consumption of that premises during the preceding four months. Such adjustment will not be available where the customer was, or should have been, aware of such break or leak and did not take reasonable steps to repair such break or leak. Section 2. The Town Manager is hereby authorized to accordance with the provisions of this ordina sewer charge levied for water consumed on the returned to the sanitary sewer system; and up for water lost on the premises due to a water customer's side of the water meter. Section 3. make an adjustment, in nce, of up to 1000 of the premises that has not been to 500 of the water charge break or leak on the The Town Manager is authorized to promulgate reasonable rules and January 15, 1991 8881 regulations to carry out the purposes of this ordinance. Section 4. This ordinance is effective upon adoption and the Town Manager is hereby authorized to apply its provisions to utility bills issued on and after September 1, 1990. Section 5. This ordinance is adopted by recorded vote of the Town Council. SEWER Chairman Graham advised the committee had discussed the Industrial Pretreatment Program. The Town Engineer monitors the discharge of sulfides and sulfates into the sanitary sewer system. This is watched very closely. PLANNING COMMISSION REPORT COND. USE Councilman W.H. Schrader recommended, and he so moved, 11CU, Water Tank Application, as a condition for later appr Council. Motion was seconded following recorded vote: advised the Planning that the conditional be approved with the oval by the Planning by Councilman Graham Commission had use application #90- color to be left open commission and Town and carried on the 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 Councilman Schrader stated the Planning Commission recommended and he so moved that conditional use application #90-12CU, Pump Station, be approved as an amended application showing the exterior be brick or brick color painted masonry, seconded by Councilwoman Holston 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 and Co-Chairman J. R. Schrader had no report. Councilman Glenn questioned status on Pierce Avenue matter with Mr. Holycross reporting that the Town has filed a warrant against the owner of the property for a violation of the zoning code. It was scheduled for court consideration on January 7, but at the request of the property owner's attorney, it was rescheduled to February 5. We are continuing to monitor the situation. TOWN ATTORNEY'S REPORT Mr. Terwilliger absent. _.w-_ . 8882 January 15, 1991 TOWN MANAGER'S REPORT PUBLIC HEARING Mr. Holycross reported that a public hearing needed to be scheduled SCHEDULED for the February 5th Council meeting for the purpose of soliciting public comment on local community development and housing needs. This public hearing is the first step in the process of submitting a project proposal for Community Development Block Grant funding. PUBLIC HEARING Also, a public hearing needed to be scheduled for the February 19t SCH. meeting of Council on an alley closing request. The alley easement, which was never developed, is generally bounded by Stuart Avenue, Grah Street, 5th Street, and Pierce Avenue in the southeast section of Town. The Public Operations Committee and Council will meet to view this proposed alley closing. MUNICIPAL Mr. Holycross stated that emergency lights had been installed in BLDG. the municipal building. VML Legislative Day is scheduled for February 7 should Council Members desire to attend. A procedure has been started whereby ordinances and resolutions are numbered. This procedure is effective January 1, 1991. MAIN STREET Mr. Kirkland questioned the length of employment for the Main Street Project Manager. Mayor Hancock advised the Main Street Program is intended to be on-going for many years. The Town committed to fund the program for three years. We are now in the final year and have budgeted for the entirety of this fiscal year. This program will be reviewed again during our upcoming budget deliberations. Mr. Holycross read a resolution regarding the Twin Oaks sewer project. Councilman J. R. Schrader made a motion that Resolution be adopted, seconded by Councilwoman Holston 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 - Abstain (Councilman Glenn abstained due to an existing condition he may have with one of the parties) RESOLUTION N0.91-1 RESOLUTION DECLARING THE PUBLIC NECESSITY TWIN OAKS SEWER FOR THE USE OF CONDEMNATION PROCEEDINGS FOR THE TWIN OAKS SEWER PROJECT WHEREAS, the Town of Pulaski, Virginia, is a municipal corporation duly chartered by the Commonwealth of Virginia and authorized to use the power of eminent domain to condemn and acquire any easement, right, interest or estate in real estate for the public good; and, WHEREAS, the Town is constructing a sewer system in the vicinity of r January 15, 1991 8883 Twin Oaks subdivision in the Town of Pulaski, Virginia, to provide critically needed sewer service to the residents of the area; and, the Town has acquired numerous easements so that the major portion of the project is now complete; but, after numerous attempts to negotiate just compensation for several landowners, has been unable to reach agreement and to acquire on reasonable terms the final easements needed to complete the system; and an emergency exists; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, that the Town Council, in accordance with Section 15.1-898 of the Code of Virginia, does hereby declare that a public necessity exists for the use of condemnation proceedings to acquire those easements and rights reasonably necessary to install and make operational the Twin Oaks sewer system. BE IT FURTHER RESOLVED that the Town Manager and Town Attorney are authorized and directed to do all things reasonably necessary and allowed by law to acquire the same for the Town, including but not limited to the filing of condemnation proceedings in the name of the Town of Pulaski, Virginia and to seek immediate entry on the premises. This resolution is effective upon adoption and is adopted this 15th day of January, 1991. Mr. Holycross addressed several questions brought forth by Mr. Warner. Regarding the 1.7 acres on Memorial Drive, this has been acquired by Wyatt Development subsidiary. The Town Attorney has previously advised this acreage was acquired to his satisfaction. The development corporation is participating in the cost of the traffic light at Rt. 11 and Memorial Drive. This project is being handled by the State. It was felt that Wyatt Development would be reluctant to share information as to who will be leasing the other stores at this time, however, Mr. Holycross will contact them. Councilman Graham asked that the estimated cost of bringing the water line to Mashburn Ave. be addressed in the priority listings that are being prepared by Staff. At 8:40 p.m. Councilwoman Holston made a motion to adjourn, seconded by Vice Mayor Neighbors, and carried. Attest: APPROVED: "L~~ or Cl rk of Council