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HomeMy WebLinkAbout06-18-91June 18, 1991 8955 Minutes of the regular meeting of the Pulaski Town Council held June 18, 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 Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Mr. and Mrs. J. B. Warner Joel Burchett Mary Lee Duncan Polly Mitchell Raymond Dillon Charles Hamilton Mr. and Mrs. Ralph Grubb Thomas McCraw Woodrow Hurst Allena Huddle Mr. and Mrs. Burman Grantham Oakie Roger Mr. and Mrs. Claude Alley Rudy McPeak Christine McPeak Billy Smith Mr. and Mrs. J. C. Montgomery Rick Mansell Mr. and Mrs. Claud Kirkland The Pledge of Allegiance was led by Councilwoman Holston. The Invocation was given by Councilman J. R. Schrader. After the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of June 4, 1991, be approved as submitted, seconded by Councilman Crispin, and carried. PUBLIC HEAR. Mayor Hancock welcomed visitors and advised that first on agenda was a public hearing on a request from Joel Burchett to close an undeveloped section of 2nd Street, S.W. between State Street and State Street Alley. Mr. Lyons stated that the section is undevelopable due to a steep grade. The Director of Engineering recommended that the Town reserve the right to future easements along the new property line. The proposed ordinance reserves any and all utility easements. He further reported that the adjacent portion of 2nd Street SW, between Bertha Street and State Street was closed on December 5, 1989. Mr. J~~el Burchett stated he would appreciate Council approving this request and he had maintained the property for many years. Vice Mayor Neighbors made a motion that reading of the ordinance be waived, seconded by Councilwoman Copenhaver and carried. 8956 June 18, 1991 Councilwoman Holston moved that the ordinance closing a portion of Second Street 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. S chrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye N0. 91-12 ORDINANCE ADOPTED ORDINANCE CLOS ING A PORTION OF S ECOND STREET, SW CLOSING STREET BETWEEN STAT E STREET ALLEY AND STATE STREET IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, Mr. Joel B. Burchett applied t o the Town of Pulaski to close a portion of Second Street, SW in the Town of Pulaski, Virginia, between State Street Alley and State Street; and WHEREAS, the Town Manager submitted the request to all department heads for any comments; and Whereas, the Town held a public hearing on June 18, 1991 on said request after advertisement in accordance with law; and WHEREAS, it appears that the subject portion of said street has never been opened and that due to the topography it would not be possible to open said street in a cost effective manner; and, it is in the public interest to close the aforesaid street subject to any utility easements that might exist in favor of the Town. NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on June 18, 1991, that the portion of Second Street, SW lying between State Street Alley and State Street, in the Town of Pulaski, Virginia, as shown on the official Town map, be and hereby is, abandoned, closed, and vacated with title theret if any be vested in the Town, reverting without warranty to adjacent property owners as provided by statute; reserving, any and all utility easements which may exist in favor of the Town of Pulaski, its sur_cessors and assigns. This ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 18th day of June, 1991. CALFEE Mayor Hancock advised the citizens that the petition by the Braves' PARK Management to sell alcoholic beverages at Calfee Park had been withdrawn. Mayor Hancock called for Council Committee reports. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE Chairperson Copenhaver had no report, however, she advised she would possibly need a meeting of the committee. FINANCE COMMITTEE Chairman Neighbors reported that the committee had met on the June 18, 1991 8957 BUDGET budget on numerous occasions, and before Council was Resolution No. 91- 21 approving the budget and establishing appropriations for the Town. MAIN STREETCouncilman Graham made a motion that the funding for Pulaski Main Street Inc. be dropped from the 1991-92 Town of Pulaski budget with the Town government continuing to promote PMI as a community volunteer organization, providing assistance such as secretarial help, computer data statistical information and use of Town facilities for special events including fund raising such as the summer musical series in Jackson Park. Motion was seconded by Councilman Crispin and denied on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - No W. H. Schrader Jr. - No Mary Lou Copenhaver - No Alma H. Holston - No James R. Neighbors - No Robert N. Glenn - No Councilman Graham felt that sometimes Council has to make a real hard decision and this was one. He felt we had put an ,enormous amount of money into this program and he could not see the results and we do not have the participation on Main Street that we should to make it a going organization. Mr. Holycross clarified that the total for the General Fund is $4,373,971. At the June 14, 1991 Finance Committee, a straw vote was taken to put $1,000 back in the budget for the Literacy Program that is not reflected in the General Fund Total of $4,373,971. Councilwoman Holston made a motion to amend the resolution to put the $1,000 back into the Literacy Fund, with use of the money confined to Town citizens and expend money as we are called upon to spend it, with Councilwoman Copenhaver seconding the motion. At this point, Mr. Kirkland requested permission to speak on the budget. He stated that Council had not been asked for contribution to this program. Mr. Holycross reported that a formal request had been received and placed before Council for their consideration. Mr. Kirkland requested a copy of the letter. Councilmen Graham and Crispin felt this was a volunteer organization and it was similar to the Boy Scouts. Councilpersons Copenhaver, Holston, W. H. Schrader, Neighbors and Mayor Hancock gave remarks in favor of the Literacy program with one remark being that it would help economic development in the area. Mr. Kirkland volunteered to donate $1,000 to the Literacy Program if Council would leave this item out of the budget. Motion carried on the following recorded vote: Charles D. Crispin - No Andrew L. Graham - No 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 Mayor Hancock advised that before Council was Resolution No. 91-21 approving the budget and establishing the appropriations for the Town of 8958 June 18, 1991 BUDGET, cont. Pulaski, Virginia for the fiscal year beginning July 1, 1991, and ending June 30, 1992. He further stated the budget has been amended and the new total of the Town's budget for the coming year is $4,374,971. Councilmen Graham and Crispin advised the various reasons why they could not accept the budget with the funding for Main Street included, although they did support the concept of PAiI and hopefully it will remain as a volunteer organization. Councilwoman Copenhaver and Mayor Hancock gave remarks supporting the Main Street Program. The volunteers were commended for their efforts and it was felt it was a very worthwhile program in economically developing the downtown area. Mr. Kirkland, Mrs. Mitchell and Mr. Warner made statements; that Council should have intervened if PMI was not working within the time range, it was brought up in December what we would do with PMI and the Town decided to extend for 4 months, and then a decision made. Council had 6 months to make the decision and also the PMI Board letter was questioned. Councilman Glenn so moved that reading of Resolution be waived, seconded by Vice Mayor Neighbors and carried. Vice Mayor Neighbors made a motion that Resolution No. 91-21 approving the budget be adopted, seconded by Councilman Glenn and carried on the following recorded vote: Charles D. Crispin - No Andrew L. Graham - No 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 RESOLUTION No. 91-21 RESOLUTION A RESOLUTION APPROVING THE BUDGET AND APPROVING ESTABLISHING APPROPRIATIONS FOR THE TOWN OF BUDGET PULASKI, VIRGINIA, FOR THE FISCAL YEAR BEGINNING JULY 1, 1991, AND ENDING JUNE 30, 1992 WHEREAS, the Town Manager of the Town of Pulaski, Virginia did present to the finance committee of the Town Council of the Town of Pulaski a proposed budget for the fiscal year beginning July 1, 1991 and ending June 30, 1992; and, WHEREAS, said Finance Committee, together with other members of the Town Council, did meet and review and revise said proposed budget, and did finalize a proposed budget for said fiscal year to be used for informational and planning purposes only, pursuant to Section 15.1-160, et. seq., of the 1950 Code of Virginia, as amended; and, WHEREAS, a brief synopsis of said budget as proposed by the Town Manager was published as prescribed by law, together with a notice of hearing to be held on June 4, 1991, by the Town Council at regular meeting; and WHEREAS, a public hearing on said proposed budget was held on June 4, 1991, by the town Council meeting in regular session; and, ~ June 18, 1991 BUDGET 1 I WHEREAS, as a result of said hearing, the Town Council has finalized and refined said budget; 8959 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, that: Section 1. The proposed budget, as revised, be and hereby is approved as the Budget for the Town of Pulaski, Virginia, for the fiscal year beginning July 1, 1991, and ending June 30, 1992, in accordance with Section 15.1-160, et. seq. of the 1950 Code of Virginia, as Section 2. In conjunction with the approval of said budget, the following appropriations be and hereby are approved for the fiscal year: I. General Fund 1 Town Council S 63,255 Clerk of Council 28,455 Mayor 16,660 Town Manager 143,410 VCDBG Housing Rehab 1,250 Main Street 23,000 Finance Department 260,945 Administrative Services 58,950 General Engineering 115,725 Contributions 54,685 Computer Operations 58,710 Police Department 920,285 Enhancing Anti-Drug 32,315 Crime Prevention 61,711 Fire Department 377,995 Building Inspection 54,490 Highways, Streets, Bridges 217,675 Highway Maintenance-Eligible 936,235 Street and Road Cleaning 25,590 Refuse Disposal 4,855 General Property Maintenance 185,305 National Guard Armory 18,810 Cemeteries 20,180 Recreation Centers 239,580 Marinas and Boat Landings 73,765 Senior Citizen Center 32,800 Equipment and Supplies 19,600 Motor Vehicle Maintenance 48,275 Debt Services 129,330 Transfers 7,500 Capital Outlay 143,630 II. Water Fund $4,374,971 Water Transmission & Distribution $ 166,215 Water Filtration 376,175 Transfers 73,437 Debt Service 204,965 Capital Outlay 42,800 $ 863,592 8960 June 18, 1991 III. Sewer Fund Sewage System $ 27,540 Transfers 10,488 Debt Service 456,829 Peppers Ferry Regional 769,000 Capital Outlay 33,200 $1,297,057 IV. Cemetery Trust Fund Cemetery Trust 2,000 V. General Obligation Bond Issue Downtown Construction 40,000 Utility Improvements 60,000 $ 100,000 VI. Urban Development Action Grant Loan 100,000 Transfer 23,000 $ 123,000 VII. Train Fund Construction 70,000 Transfer 41,000 Debt Service 7,360 $ 118,360 VIII. E911 $ 22,000 This Resolution is effective upon its adoption, and is adopted this 18th day of June, 1991, by recorded vote of the Town Council. Mayor Hancock commended the Town Manager and administration for the excellent job in preparing the budget, and Finance Committee and Council for their hard work on the budget. UTILITIES COMMITTEE TWIN OAKS Chairman Graham stated the Utilities Committee had met June 13 and SEWER reported that on the Twin Oaks Sewer Project, there are 61 possible connections for this project and to date we have made 31 connections. The Town has not made customers hook on the sewer line unless there was a health problem. We do have an ordinance stating that all persons are required to connect to the Town sewer system. Chairman Graham felt we should give the Town Manager direction in this matter, and return this ordinance to the Ordinance Committee for their study, and he so moved that the Ordinance Committee review amending section 17-2 of Chapter 17, paragraph E, and bring back to Council. Motion seconded by Vice Mayor Neighbors and carried. Chairman Graham also reviewed the question of a water line down Rt. WATER 11 and stated this matter had been discussed previously. The Consulting LINE engineers made a study and determined that it was more economical to go to Peppers Ferry, the way that it has been installed. This will serve more customers living in this area. Mr. Holycross further explained how the line would run and the work would be done in phases as money was available. June 18, 1991 8961 Chairman Graham reported that water line replacement program priorities was discussed. 540,000 will be spent on this program. WATER Chairman Graham stated that a large water user, Magnox, has asked if there is a possibility that we could sell them water at a more economical rate per thousand, and so moved a public hearing be scheduled for July 16, 1991, seconded Vice Mayor Neighbors and carried. ORDINANCE COMMITTEE Chairman W. H. Schrader reported that the committee met June 11, 1991, to review the revisions to the water and sewer ordinance related to the liability of landlords. The proposed revisions delete a landlord's liability and placement of a lien for a tenant's water and sewer bill. The Town will use the Virginia Setoff Debt Collection Act procedures to collect all delinquent charges from the tenant. The Town will develop an application form completed by the owner authorizing water and sewer service to the applicants. The authorization will not make the owners liable for the accounts of the tenants. Mr. Terwilliger stated that by separate ordinance attached to it, the rate itself would be set, but Ordinance 91-14 would also incorporate the change of two equal installments for the deposit. Chairman Schrader stated these amendments would be effective July 1st, and so moved that reading of the ordinance be waived, seconded by Councilman Crispin and carried. Councilman Crispin made a motion that ordinance No. 91-14 be adopted, seconded by Chairman 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. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye WATER/SEWER ORDINANCE 91-14 AMENDING TOWN C ODE PROVISIONS ON WATER/SEWER FEES AND DEPOSITS BE IT ORDAINED that Sections 17-3, 17-25, and 17-26 of the Town Code are amended to be in the forms attached hereto. These amendments are effective as of July 1, 1991; provided that for any deposit received prior to said date, such deposit shall still be returned without interest at the end of twelve (12} months from the time the deposit was made, unless discontinuance of service has occurred in the meantime. This Ordinance is adopted this 18th day of June, 1991, by recorded vote of the Pulaski Town Council. Chairman Schrader stated the Town Attorney is requesting that Town Council readopt the existing Driving Under the Influence (DUI) ordinance. Due to a revision in the Virginia Code, the Town is required to set a current date of adoption on the DUI ordinance. 8962 June 18, 1991 Mr. Terwilliger stated that legislation took place in 1990 whereas localities are faced with two conflicting state code provisions, one of which allowed them to adopt the DUI ordinances in the state code and another which gave us a maximum cap of $1,000 fine or 12 months in jail on any ordinance that we passed. In 1990, the General Assembly increased the misdemeanor fine to $2,500 as opposed to $1,000, but they never reconciled the difference. They finally reconciled it in 1991 because there had been court cases. This has not been a problem in Pulaski because our officers traditionally have charged under the state code. ORDINANCE Before Council was Ordinance No. 91-15 Re-enacting Town Code Provisions Relative to Driving While Intoxicated. Councilman Glenn so moved that reading of the ordinance be waived, seconded by Councilman W. H. Schrader and carried. Councilwoman Copenhaver made a motion that ordinance No. 91-15 be adopted, 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. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ORDINANCE N0. 91-15 RE-ENACTING TOWN CODE PROVISIONS RELATIVE TO DRIVING WHILE INTOXICATED AND GENERAL PENALTIES UNDER THE TOWN CODE WHEREAS, legislative changes to the Code of Virginia have raised questions as to the validity of local ordinances incorporating State Code provisions by reference, and, as a result, the 1991 General Assembly took corrective action to reconcile various State Code provisions; NOW, THEREFORE, BE IT ORDAINED that Section 10.5 of the Pulaski Town Code, incorporating certain provisions of the Code of Virginia dealing with driving while intoxicated and other related subjects, be and hereby is REENACTED in the same form. BE IT FURTHER ORDAINED that Section 1-6 of the Pulaski Town Code relating to penalties is amended to be in the form attached hereto. This ordinance is effective on adoption and is adopted this 18th day of June, 1991, by recorded vote of the Town Council. Chairman Schrader stated we had one more ordinance before Council setting rate for water/sewer deposit, and so moved that reading of Ordinance No. 91-13 be waived, seconded by Councilman Glenn and carried. Councilman Crispin so moved that Ordinance No. 91-13 be adopted, seconded by Chairman Schrader and carried on the following recorded vote: 1 ORDINANCE .ADOPTED Charles D. Crispin - Aye Andrew L. Graham - Aye '~ WATER/SEWER J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye June 18, 1991 8963 James R. Neighbors - Aye Robert N. Glenn - Aye ORDINANCE 91-13 SETTING RATE FOR WATERISEWER DEPOSIT BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, that until changed by said Council, the deposit for residential water and sewer service will be eighty dollars ($80.00} and the deposit for business, commercial and industrial service will be eighty dollars ($80.00}. This ordinance is effective as to deposits received on or after July 1, 1991, and is adopted this 18th day of June, 1991, by recorded vote of the Pulaski Town Council. PUBLIC OPERATIONS COMMITTEE CALFEE PARK Co-Chairwoman Holston reported that the committee met June 10 and June 13. At the June 10th meeting, two requests were received from the Pulaski Braves Baseball team. One request has been withdrawn and the other request by Hi Nicely and Wayne Carpenter requested Town Council's permission to serve alcohol at the June 21st, 1991, Chamber of Commerce Mixer at Calfee Park. The Mixer is scheduled from 5:00 p.m. to 6:30 p.m. prior to the Pulaski Braves game. Attendance at this Mixer is by invitation only. Co-Chairwoman Holston stated that the Public Operations Committee, with one abstention (Councilman J. R. Schrader} recommended, and she so moved, that the provision of beer and wine be approved for the June 21, 1991, Chamber of Commerce Mixer, sponsored by the Pulaski Braves, seconded by Councilwoman Copenhaver. Mr. Kirkland stated that invitations had already been mailed for the mixer and it was too late for Council to take action. Co-Chairwoman Holston stated the Braves could have a mixer anywhere and the invitation can be sent out that they are having a mixer; the only thing that Council is concerned with is giving them permission to serve beer and wine at the mixer on Town property. Co-Chairman J. R. Schrader spoke against this matter on religious, moral and personal reasons as he could not condone drinking, but he could not judge others. He said there were rules against alcohol being on Town property and he is against the serving of alcohol at Town events. Councilman Crispin had no personal reason to deny the use of alcohol at mixers. However, he expressed concerned over people drinking and driving and taking other peoples' lives and he would support Councilman Schrader. Motion then carried on the following recorded vote: Charles D. Crispin - No Andrew L. Graham - Aye J. R. Schrader, Jr. - No W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Co-Chairwoman Holston stated the Town had received a request from ~.~..-. 8964 F ALLEYS June 18, 1 the United Methodist Church to pave the north/south alley between 3rd Street and 4th Street at a cost of $3,200. A request has also been received from the Faith Bible Church to pave an alley between Lagrange Street and Lake Street at a cost of $600. Both churches would assume half of the paving cost. Co-Chairwoman Holston so moved that the Town pave both alleys at a cost not to exceed $1,900, seconded by Councilman Glenn. So as to clarify the description of street, a five minute recess was called. As approval was not necessary for this paving, motion and second withdrawn. ~l Encroachment Co-Chairwoman Holston stated that the committee had again reviewed the encroachment upon the undeveloped right-of-way on 6th Street SW, by approximately 10 feet as requested by Mr. Charles Hamilton, Jr. to install a 36 inch drainage pipe. At the June 5, 1991, public hearing, Town Council asked that the Town Attorney review a copy of Mrs. Grantham's deed and he determined that it did not affect the encroachment request. She further stated the committee had viewed this site three times. Mr. Terwilliger reported that a review of the deed did not raise concerns, but he had not done a title search of the Grantham's property or surrounding property. Encroachment is not on Crestline, it is on 6th Street. Co-Chairwoman Holston reported that Council had before them Ordinance No. 91-11 granting this encroachment. ORDINANCE ADOPTED Mr. Lyons read a portion of the ordinance. Mrs. Grantham stated the work crew could not come into her driveway to install the pipe. She also wants trash removed. Mr. Grantham did not approve of the installation of the pipe and felt is would create a pool of water. Co-Chairwoman Holston so moved that reading of Ordinance 91-11 granting an encroachment be waived, seconded by Councilman Crispin and carried. 1 Co-Chairwoman Holston made a motion that Ordinance 91-11 be adopted, seconded by Councilman J. R. Schrader. At the suggestion of Councilman Glenn, ordinance amended to read in last paragraph "to Mr. Charles Hamilton, Jr., his successors and assigns". Motion then 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 ORDINANCE N0. 91-11 GRANTING AN ENCROACHMENT TO CHARLES HAMILTON, JR. WHEREAS, Mr. Charles Hamilton, Jr. applied to the Town of Pulaski for permission to install a 36 inch drainage pipe on the undeveloped right of way on 6th Street SW between Washington Avenue and Upland Drive; and June 18, 1991 8965 WHEREAS, the Town Manager submitted the request to all department heads for any comments; and WHEREAS, the Town held a public hearing on June 4, 1991, on the said request after advertisement in accordance with law. NOW, THEREFORE, the Town Council of the Town of Pulaski Virginia after due consideration of the matter before it, finds that: 1. The proposed drainage pipe would not interfere with the provision of public services by the Town or its agents; and 2. The proposed drainage pipe would serve the public interest by allowing the development of the adjacent vacant land; ACCORDINGLY, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, that Charles Hamilton, Jr., be and hereby is granted the privilege of encroaching upon the undeveloped right of way 6th Street, SW between Washington Avenue and Upland Drive to install a 36 inch drainage pipe. PROVIDED, HOWEVER, that said pipe will encroach upon the undeveloped right of way by no more than approximately 10 feet and provided further that Charles Hamilton, Jr., his successors and assigns, will indemnify and hold harmless the Town of Pulaski, its successors and assigns, from any injury to persons or property arising from construction and maintenance of said pipe. Furthermore, the Director of Public Works will inspect and approve the installation of the pipe and stabilization of the bank. Provided, further that the Town of Pulaski reserves the right to revoke any rights granted herein upon 30 days written notice to Mr. Charles Hamilton Jr., his successors This ordinance is effective upon and ad assigns. option and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 18th day of June, 1991. Co-Chairwoman Holston stated that the committee had met with Jake Blevins and suggested that all of Council review this portion of Peak Creek. ALLEYS Co-Chairwoman Holston stated that Copland, Inc. had requested to close 1) an undeveloped portion of Jackson Avenue, east of Pierce Avenue; 2) an unimproved 20 foot alley east of Pierce Avenue and 3) an unimproved 20 ft. alley south of First Street, SE. A natural drainage course runs across the Copland property. It drains the surrounding area north of Calfee Park. A previous Engineering Department title search did not yield a drainage easement. A public hearing was scheduled for July 2, 1991 meeting of Council. MAYOR'S REPORT Mayor Hancock did not have a report. 8966 June 18, 1991 TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. Holycross had nothing further to report, however, he requested an Executive Session on a legal matter under 2.1-344 A7. A copy of the encroachment ordinance and copy of the minutes will be forwarded to Mrs. Grantham. Mr. Kirkland questioned the vote taken on Utility Committee recommendation and stated it had to do with the possible revamping or rewording of the ordinance relative to compulsory connection to water or sewer. He stated that also mentioned was something about the highway 11-Peppers Ferry water tank loop. He requested that a full Council meeting be held to discuss this matter thoroughly He was informed this matter was referred back to Ordinance Committee and no action was taken. Mr. Kirkland again questioned the tank location, line loop and the inadequate water pressure and further that the Town did not follow engineering consultant's recommendations. Mr. Warner also asked what happened to the original line going out Rt. 22. As previously reported under the Utilities Committee, it was more economically feasible to put the line down Peppers Ferry. The engineering study is available for Mr. Kirkland's review if he so desires. Councilman Graham and Mr. Holycross explained this matter in depth. Vice Mayor Neighbors Session on a legal matter Crispin and carried on th Charles D. Crispin J. R. Schrader, Jr. Mary Lou Copenhaver James R. Neighbors so moved that Council go into under 2.1-344 A7, seconded by e following recorded vote: - Aye Andrew L. Graham - Aye W. H. Schrader, - Aye Alma H. Holston - Aye Robert N. Glenn Executive Councilman - Aye Jr. - Aye - Aye - Aye At 9:00 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Councilman Glenn, seconded by Vice Mayor Neighbors and carried. Councilman Glenn made a motion 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. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye CERTIFICATION RESOLUTION June 18, 1991 8967 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. At 9:01 p.m., Councilman Glenn so moved that Council adjourn, seconded by Vice Mayar Neighbors, and carried. APPROVED: MAYOR Attest: ~~ ~~~~ Clerk of Council 1 8968 July 2, 1991 Minutes of the regular meeting of the Pulaski Town Council held July 2, 1991, 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, 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 Rebekah Corso, Acting Clerk Visitors: Dee Lindsey and Joe Tennis, News Media Mr. and Mrs. Woodrow Hurst Claude Newman J. T. Back J. B. Warner The Pledge of Allegiance was led by Councilwoman Copenhaver. The Invocation was given by Councilman Graham. Councilwoman Holston so moved that Rebekah Corso be appointed as Acting Clerk, seconded by Councilman Glenn, and carried. After the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of June 18, 1991, be approved as submitted, seconded by Councilman Glenn, and carried. At this time Mayor Hancock read Resolution 91-22 honoring retiring Police Department employee, Hazel Boadwine. Mr. Holycross advised that Mrs. Boadwine was unable to attend the Council meeting and would be invited to attend the July 16, 1991 meeting of Council for presentation of the Resolution. Councilman Crispin moved that Resolution 91-22, Honoring Hazel Boadwine, be adopted, seconded by Councilwoman Copenhaver and carried on the following recorded vote: RESOLUTION Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Absent W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Absent Robert N. Glenn - Aye RESOLUTION 91-22 HONORING HAZEL BOADWINE WHEREAS, Hazel Boadwine has been employed by the Town of Pulaski as a Parking Meter Attendant since April 27, 1966 and will retire on July 1, 1991; and WHEREAS, In her 25 years of service to the Town of Pulaski, Hazel Boadwine has been courteous with the public, knowledgeable of all