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HomeMy WebLinkAbout07-02-918968 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 Hrs. 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 July 2, 1991 traffic laws and a dedicated employee. 8969 NOW, THEREFORE, be it RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on July 2, 1991, that the Town Council should and hereby commends Hazel Boadwine for her 25 years of service and wishes her all the best in retirement. This resolution is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 2nd day of July, 1991. PUBLIC HEAFMayor Hancock welcomed visitors and advised the next item on the agenda was a public hearing on a request from Copland, Incorporated to close i) an undeveloped portion of Jackson Avenue, east of Pierce Avenue; 2) an unimproved 20 foot alley, east of Pierce Avenue and 3) an unimproved alley, south of First Street, SE. Mr. Lyons, using overhead visuals, advised that Jackson Avenue terminates approximately 120 feet east of Pierce Avenue and due to its steep topography it would be difficult for the Town to develop this portion of Jackson Avenue. There is an existing sewer line that runs through a portion of the property requested to be closed and the Town would retain an easement. Mr. Claude Newman advised that he owned lots 8, 9, & 10 and the closing request would block access to these lots on both alleys. Mr. Lyons identified Mr. Newman's property on the overhead projection. At 4:19 p.m., Councilman J. R. Schrader joined meeting. 1 Mr. Lyons advised the request also included the closing of an unimproved 20 foot alley, east of Pierce Avenue and an unimproved alley, south of First Street, SE. A box culvert originates in the vicinity of Lot 7, of Copland, Inc. property, and runs across the property and opens up at Dora Highway. The.Public Works Department has occasionally had to open up this box culvert because water was backing up. Following discussion it was advised that only the portion of Jackson Avenue, lots 2,3,4, running across property owned by Copland, Inc. was requested to be closed, therefore leaving access to lot 10 and a portion '. of 9 owned by Mr. Newman on the Jackson Avenue side. Additionally, the 20' alley running east from Pierce Avenue, running through lots 1, 2 and 7, and ending at east property line of property owned by Copland, would not affect Mr. Newman, and the alley running south from. First Street, SE would only prohibit access to the south side of lot 8 owned by Mr. Newman. Mr. Newman requested the Town mark off the alley running east of Pierce Avenue which would allow access to his lots. Mr. Holycross advised the.Town would attempt to find the boundaries of the alley. Mr. Terwilliger advised against the Town opening up the alley and taking over maintenance. Mr. Lyons advised that the Town would retain s?drainage easement for the natural drainageway that states the property owner will have to demonstrate to the Director of Engineering that any development would not adversely impact the natural drainage course.< In addition, any and all easements that exist in favor of the Town will be retained. 8970 July 2, 1991 Councilwoman Holston advised that the Public Operations Committee had reviewed the request and made a site visit. Councilman Glenn made a motion that reading of ordinance 91-19 be waived, seconded by Councilman Crispin and carried. Councilwoman Holston moved that ordinance 9-19 closing a portion of Jackson Avenue, an unimproved alley, east of Pierce Avenue and an unimproved alley, south of First Street, SE be adopted, seconded by Councilman Glenn and carried on the following recorded vote: ORDINANCE ADOPT~arles D. Crispin - Aye Andrew L. Graham - Aye CLOSING J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent ALLEY Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Absent Robert N. Glenn - ~ Aye ORDINANCE 91-19 CLOSING A PORTION OF JACKSON AVENUE, EAST OF PIERCE AVENUE, UNIMPROVED ALLEY, EAST OF PIERCE AVENUE AND UNIMPROVED ALLEY SOUTH OF FIRST STREET, SE IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, Copland, Inc. has applied to the Town of Pulaski 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 alley south of.First Street, SE WHEREAS, the Town Manager submitted the request to all department heads for any comments; and WHEREAS, the Town held a public hearing on July 2, 1991 on said request after advertisement in accordance with law; and WHEREAS, it appears that the portion of Jackson Avenue 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 the Town Council finds that it is in the best interest of the Town and its citizens to close and vacate the said street; and WHEREAS, the said alleys have never been opened and the Town Council finds that it is in the best interest of the Town and its citizens to close and vacate the said alleys. NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on July 2, 1991, that 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 alley south of First Street, SE, in the Town of Pulaski, Virginia, as shown on the official Town map, be and hereby is, abandoned, closed, and vacated with title thereto if any be vested in the Town, being hereby quitclaimed without warranty to adjacent property owners; reserving, and and all utility or other easements which may exist in favor of the Town of Pulaski, its successors and assigns. There are EXCLUDED from this abandonment and quitclaim and RESERVED by the Town, any and all utility or other easements that may exist in favor of the Tawn, its successors or assigns. In particular, the Town July 2, 1991 8971 reserves a drainage easement for the natural drainage course that runs across said street and alleys. If Copland, Inc., it8 successors or assigns wishes to develop the property, it must demonstrate to the Director of Engineering that the development will not adversely impact the natural drainage course. This ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 2nd day of July, 1991. There being no comments from the public, Mayor Hancock called for Council Committee reports. PUBLIC & PERSONNEL RELATIONS NOMINATING COMMITTEE Chairperson Copenhaver reported that the committee had met on June 25, 1991, the first portion of the meeting was an executive session. Committee then discussed the merits of allowing an employee, upon retirement, to convert a portion of accumulated sick leave to pay. The committee will review the issue in more detail and report back to Council. RECREATION Chairman Copenhaver moved that Dave Hart be appointed to the Pulaski Countywide Recreation Commission, seconded by Councilman J. R. Schrader and carried. Chairman Copenhaver moved that James F. Logan, Thomas G. Powers, APPEALS and Dr. John W. Knarr be reappointed to the Housing Board of Adjustments and Appeals for a five year term, effective July 17, 1991, seconded by Councilman Graham and carried. FINANCE COMMITTEE No report. UTILITIES COMMITTEE Chairman Graham had no report. ORDINANCE COMMITTEE PEAK CREEK Councilwoman Holston stated the Ordinance Committee met on June 25, 1991, with Mr. Holycross reporting that the Town had been notified by the Virginia Department of Soil and Water Conservation that the Town's flood damage regulations did not completely comply with current federal law. Mr. Holycross and Mr. Terwilliger reviewed a model ordinance, prepared by the Department of Soil and Water Conservation, that would bring the Town's regulations into compliance with federal law. Councilman J. R. Schrader so-roved that reading of Ordinance 91-17 be waived, seconded by Councilman Crispin and carried. Councilwoman Holston so ~eoved that Ordinance 91-17 amending the Flood Damage Reduction Provisions of the Pulaski Town Code be adopted, seconded by Councile~an 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 8972 July 2, 1991 Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Absent Robert N. Glenn - Aye ORDINANCE NO. 91-17 AN ORDINANCE AMENDING THE FLOOD DAMAGE REDUCTION FLOOD ORDINANCE PROVISIONS OF THE PULASKI TOWN CODE ADOPTED BE IT ORDAINED by the. Town Council Virginia, sitting in regular session on Article IV of the Pulaski Town Code be, to be in the form attached hereto. This ordinance is effective upon a~ this 2nd day of July, 1991, by recorded Council. of the Town of Pulaski, July 2, 1991, that Chapter 14, and the same hereby is, amended doption and is hereby adopted vote of the Pulaski Town Councilwoman Holston reported that the Committee discussed water and sewer ordinance which requires mandatory connections by residents when water and sewer are available in the area. After considerable discussion, the Committee requested the Town Attorney draft new language for the water and sewer regulations, this will be brought before the Committee and Council at a later date. PUBLIC OPERATIONS Chairwoman Holston had no report. MAYOR'S REPORT ALLEY Mayor Hancock reported that he had received a request~to close an undeveloped alley that runs along Jefferson Avenue, between Ninth Street and Tenth Street. Request has been turned over to the Town Manager who will schedule a public hearing for August. Mayor Hancock reported the 4th of July program had been distributed to Council Members and requested that any Council Members in attendance take part in the distribution ceremony of plaques to the members of the armed forces. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S~REPORT EMPLOYEES Mr. Holycross reported that Ordinance 91-18 amending the Position Classification and Compensation Plan to enact and implement personnel provisions contained in the new town budget. One recommended change under Section 3 would be: This ordinance shall be retroactive to July 1, 1991: and is hereby adopted this 2nd day of July, 1991. Councilwoman Holston moved that reading of Ordinance 91-18 be waived, seconded by Councilman Glenn and carried. Councilwoman Copenhaver so moved that Ordinance 91-18 amending the Position Classification and Compensation Plan be adopted, as amended, seconded by Councilman Glenn and carried on the following recorded votes July 2, 1991 8923 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 - •Absent Robert N. Glenn - Aye ORDINANCE N0. 91-18 ORDINANCE AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND ADOPTED COMPENSATION PLAN FOR THE TOWN OF PULASKI, VIRGINIA EMPLOYEES-- BE IT ORDAINED BY THE Council of the Town of Pulaski, Virginia, sitting in regular session on July 2, 1991, that: • Section 1. Pursuant to Chapter 2 of the Personnel Policies and Procedures Manual for the Town of Pulaski, Attachment A be, and hereby is, approved as the "Schematic List of Classes and Assignment to Pay Ranges" for the Town's Position Classification and Compensation Plan. Section 2. In conjunction with the adoption of the Compensation Plan, merit increases for Town employees, up to a maximum of 4$ of current wages, are hereby authorized. Section 3. This ordinance shall be retroactive to July 1, 1991 and is hereby adopted this 2nd day of July, 1991, by recorded vote of the Pulaski Town Council. REZONING Mr. Lyons reported that administrative staff had initiated a REQ. Proposed rezoning request of Rt. 11, from Alum Spring Road to Pleasant Hill Drive, from R-2 (Residential) to B-2 (General Business). It is requested that Town Council refer this request to the Planning Commission for review and public hearing. The Director of Engineering initiated the rezoning request because the topography is not conducive to residential development. [] Councilwoman Holston so moved that proposed Rt. 11, from Alum Spring Road to Pleasant Hill Drive, rezoning request be referred to the Town of Pulaski Planning Commission for review, seconded by Councilman J. R. Schrader, and so carried. Mr. Holycross requested an Executive Session on a legal matter under 2.1-344 A7. Councilwoman Holston so moved that Council go into Executive Session on a legal matter under 2.1-344 A7, 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 - Absent Robert N. Glenn - Aye At 4:58 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Councilman Glenn, seconded by Councilman J. R. Schrader and carried. Councilman Glenn made a motion that Certification Resolution be adopted, seconded by Councilwoman Copenhaver and carried on the following recorded vote: 8974 July 2, 1991 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 - Absent Robert N. Glenn - Aye CERTIFICATION CERTIFICATION R$30LUTION RESOLUTION ADOPTED 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 In€ormation Act; and, WHEREAS, S2.1-344.1 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 5:00 p.m., Councilwoman Holston so moved that Council adjourn, seconded by Councilman J. R. Schrader, and carried. APPROVED: ' ~ ~~ G~'~` ` ayor ATTEST: rk of Council ting