HomeMy WebLinkAbout08-06-91August 6, 1991
Minutes of the regular meeting of the Pulaski Town Council held
August 6, 1991, at 4:00 p.m. in the Council Chambers in the Municipal
Building.
There were present:
~.
Council Members:
Vice Mayor James R. Neighbors, presiding
Charles D. Crispin,
Mary Lou Copenhaver,
W. H. Schrader, Jr.,
Robert N. Glenn
J. R. Schrader, Jr.,
Andrew L. Graham,
Alma H. Holston,
8983
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. Claud Kirkland
Mr. and Mrs. Woodrow Hurst
John Seagle
W. B. Sanders III
Joe Marchese
Jacob Blevins
Henderson Randolph
J. B. Warner
The Pledge of Allegiance was led by Councilman Glenn.
The invocation was given by Councilman J. R. Schrader.
The roll call was taken.
Councilwoman Holston so moved that the minutes of the regular
meeting of July 16, 1991, be approved as submitted, seconded by
Councilman Crispin and carried.
PUBLIC HEAR. Vice Mayor Neighbors advised that, as published, next on agenda was
ALLEY a public hearing on the request made by David K. and Dorothy Lee Shumate
to close an undeveloped alley on the East side of N. Jefferson Avenue
between 9th Street N.W. and 10th Street, N.W.
Using overhead visuals, Mr. Lyons illustrated where the alley was
located, reporting that according to the Town's official map, the alley
crosses through the house at 910 N. Jefferson Ave. No comments were
received from the public for or against this proposed closing.
At 4:05 p.m., the public hearing was closed.
Ordinance 91-20, closing this alley, was presented. Councilwoman
Holston so moved that reading of the ordinance be waived, seconded by
Councilman Crispin and carried.
Councilwoman Holston made a motion that ordinance 91-20 closing an
undeveloped alley on the east side of N. Jefferson Avenue be adopted,
seconded by Councilman J. R. Schrader and carried on the following
recorded vote:
8984 August 6, 1991
ORDINANCE
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
ORDINANCE 91-20
CLOSING AN UNDEVELOPED ALLEY
ON THE EAST SIDE OF N. JEFFERSON AVENUE
BETWEEN 9th STREET, NW AND 10TH STREET, NW
IN THE TOWN OF PULASKI, VIRGINIA
WHEREAS, Mr. David Shumate and Dorothy Lee Pugh Shumate have
applied to the Town of Pulaski to close an undeveloped alley east of N.
Jefferson Avenue, between 9th Street, NW and 10th Street, NW; and
WHEREAS, the Town Manager submitted the request to all department
heads for any comments; and
WHEREAS, the Town held a public hearing on August 6, 1991 on said
request after advertisement in accordance with law; and
WHEREAS, it appears that it would not be possible to open said
alley in a cost effective manner; and, it is in the public interest to
close the aforesaid alley 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 August 6, 1991, that
the undeveloped alley east of N. Jefferson Avenue, between 9th Street,
NW and 10th Street, NW, 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, 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 successors 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 6th day of August, 1991.
ALLEY In hearing from the public, William Blair Sanders, III, 33 7th
Street, requested that an alley-way from Jefferson Ave. toward
Washington Avenue between 6th and 7th Streets be paved. Mr. Holycross
reported that the Town is currently preparing a priority listing of
alleys and streets that need repair. This listing could most probably
be brought to Council within 30-60 days. Money has been budgeted this
year for local street improvements, however, it was noted that
recommendation may be to do some other surface treatment other than
paving because of the problems long-term that paving an alley creates.
John Seagle asked the difference in paving and surface treating. Mr.
Holycross reported that maintenance cost is greater if paved and there
may also be a run-off problem.
Mr. Jacob Blevins, Dora Highway, brought several concerns to
Council, namely: 1) Again asked that Peak Creek be widened behind his
house on Dora Highway; 2) grass and weeds in drainage ditch along Dora
Highway Park need trimming; 3) Cool Springs Ball Park needs mowing; 4)
August 6, 1991 8985
has previously asked that the Aust Store Building be torn down and lot
cleaned up; 5) light poles on Dora Highway need moving back from street.
PEAK CREEK Councilwoman Holston stated that the Public Operations Committee
would make an on-site visit to look at creek. Mr. Holycross reported
that he appreciated the suggestions and these had previously been
discussed with Mr. Blevins. At present, we are currently going through
the legal proceedings on the Aust building. Public Operations will
visit Peak Creek site but it is not economical from a cost standpoint to
make changes to the creek as there would not be any significant
improvements realized by widening the creek as it would not have any
significant effect on the flood level. The cost of the improvements
would be enormous to have any significant effect on the level of the
flood waters in that area of Peak Creek. This information was shared
with the Public Operations Committee. Councilman Crispin felt Mr.
Blevins had a legitimate complaint about Council not visiting Peak
Creek. We promised him that we would do that and we have not done it.
- that if we made a promise we should keep it. Councilwoman Copenhaver
reported that the Council had visited the Peak Creek site many times;
and Vice Mayor Neighbors stated the Corps of Engineers had made a study
of the creek.
There being no further comments from the public, Vice Mayor
Neighbors called for Council Committee reports.
PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE
TOWN MGR. Chairperson Copenhaver reported that the Personnel Committee had
met July 31. She reported that in accordance with his contract, the
Town Manager requested the Personnel Committee's permission to attend
the 1991 International City and County Management Association (ICMA)
Annual Conference in Boston, Massachusetts, September 22-26, 1991. The
Personnel Committee approved the Town Manager's attendance at this
conference.
GATEWOOD Chairperson Copenhaver stated the committee discussed the Gatewood
Park Employee Use Policy. Under the policy, Town employees are eligible
for a limited number of boat rental and camping passes. The committee
requested that the Town Manager, Park Manager and Parks and Recreation
Director draft a revised policy.
FINANCE COMMITTEE
Chairman Neighbors had no report.
UTILITIES COMMITTEE
SEWER Chairman Graham stated the committee had met August 5 and reviewed
the proposed Engineering Services Agreement with Draper Aden Associates,
Blacksburg, for the investigation of possible sulfide corrosion problems
in the sanitary sewer force main.
He stated the Scope of Services includes 1) review the system
operation; 2) review existing black and white TV tapes; 3) evaluate
industrial sources; 4) determine extent of color TV and implement; 5)
monitoring/sampling program; 6) review color TV inspection, and 7}
repair recommendations/cost estimates/final report. The estimated time
schedule for completion of the study is three months.
8986
August 6, 1991
p,g, Chairman Graham reported that the sulfide investigation study cost
SEWER was not to exceed a figure of $20,000 for Draper Aden Associates'
engineering services. The color TV cost estimate is $10,000; Laboratory
analysis cost estimates range between $5,000 and $10,000. The estimated
total project cost ranges between $35,000 and $40,000.
The Utilities Committee also entered into executive session to
discuss a legal matter under 2.1-344 A7.
Chairman Graham made a motion that Town Manager be authorized to
finalize negotiations with Draper Aden Associates for the investigation
of a potential sewer corrosion problem and to execute a contract in
substantially the form of the draft of July 19. Motion seconded by
Councilman W. H. 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
Councilman Graham also requested that the problem on 5th and
Jefferson Ave. be investigated, working on cars, etc. Mr. Holycross
reported building inspector and engineer are following up with an order
to property owner and tenant to correct the problem.
PLANNING COMMISSION REPORT
ZONING Councilman W. H. Schrader reported that the Planning Commission had
met July 22 and scheduled a public hearing on August 20, 1991, at 7:00
p.m. to consider rezoning case #91-14RZ, a request by the Town of
Pulaski to rezone Route 11 (Alum Spring Road to Pleasant Hill Drive)
from R-2 (Residential) to B-2 (General Business). Prior to the adoption
of the current zoning map in 1987, the proposed area was zoned B-2
(General Business). In 1987 the area was rezoned R-2 (Residential).
The Leisure Lanes Bowling Alley, Pleasant Hill Drive and Route 11,
retained a B-2 zoning.
All residential development permitted in R-2 (Residential) is
permitted in B-2 (General Business).
ORDINANCE COMMITTEE
Chairman W. H. Schrader had no report.
PUBLIC OPERATIONS COMMITTEE
STREETS Co-Chairwoman Holston reported that the committee had met July 19
and discussed the repairs that the Public Works Department had made to
the 6th Street, NE median, between Madison Avenue and Prospect Avenue.
The median has been reduced from 15 feet to 11 feet and the width of the
street has been increased from 16 feet to 18 feet.
The committee also visited the site of the proposed alley closing
located between N. Jefferson Avenue and Prospect Avenue and recommended
approval of the alley closing.
In a second meeting of the Public Operations Committee on July 31,
August 6, 1991 8987
STREETS, COND.
Co-Chairman J. R. Schrader reported that they reviewed a letter from Leo
L. Ginsburg on behalf of Macgill Village, requesting that the Town
accept B Place and C Place into the Town's street system. He further
reported that the streets in Macgill Village are private streets and the
Town is not responsible for their maintenance. Under Mr. Ginsburg's
proposal, the town would pave B Place and C Place and Macgill Village
would pave the remainder of its streets. The Town would then accept B
Place and C Place into the street system. An estimated total cost to
pave these two streets is $15,300. The estimated return on the Town's
investment is 14 years.
Co-Chairman Schrader stated the committee recommended rejecting Mr.
Ginsburg's proposal. The Committee is willing to consider a substitute
proposal from Macgill Village conditional upon Macgill Village
dedicating a 50-foot right-of-way and constructing the streets to the
Virginia Department of Transportation maintenance eligible standards.
After meeting the conditions, the Town would consider accepting the
streets into the Town's system.
MAYOR'S REPORT
Mayor Hancock was absent.
TOWN ATTORNEY'S REPORT
Mr. Terwilliger had no report.
TOWN MANAGER'S REPORT
WATER Mr. Holycross advised that there is a decision pending by Council
on the proposed water rate adjustment to provide a volume discount for
users who use in excess of three million gallons per month, and a
special meeting should be held to consider this matter.
Councilman Graham so moved that this meeting be scheduled for
October 15, 7:00 p.m. as he would be absent for approximately the next
three Council meetings and it was felt all members of Council should be
present for this meeting. Councilman Crispin seconded the motion and it
so carried.
Mr. Holycross reported that the Town has received a request from
Eugene Swain, Cheraw, S.C. to consider the repurchase of four spaces in
Lot 25, Section F of the Oakwood Cemetery.
Councilwoman Holston so moved that the Town Manager be authorized
to repurchase the four spaces in Lot 25, Section F of the Oakwood
Cemetery from Mr. Swain, seconded by Councilman Crispin and carried on
the following recorded vote:
CEMETERY
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
VML-DU~IFRJ,~r. Holycross reported that Council needed to schedule a visit to
t e own of Dumfries, our Virginians to Virginians counterpart. This
visit should take place prior to the VML Conference. Their Mayor reports
that they have their Council Meeting on the first Tuesday each month and
g9gg August 6, 1991
a work session on the 4th Tuesday each month.
Councilman Crispin made a motion that the trip be limited to the
Mayor and Town Manger. Motion was seconded by Councilman Glenn.
Councilman Crispin did not see the reason for spending the money
for the whole Council to go.
VML-DUMFIES Councilwoman Holston made a substitute motion that Town Manager
work on trip to Dumfries for the 4th Tuesday of this month to include
Town Manager, Mayor and any member of Council who wanted to attend,
seconded by Councilman W. H. Schrader and carried. Councilman Crispin
voted no to this motion.
CURB CUT Mr. Holycross stated that he had received a request from Clancy &
Thays, contractor for the new Food Lion store on Rt. 99, to close the
entrance into the center off Rt. 99 from Bob White Blvd. for
approximately four months because of the material that they will be
bringing on site. Also, they will have to build a retaining wall and it
will be hazardous for the public to continue to use that entrance. They
are requesting that the Town allow them to make a temporary median cut
that would be at the location at existing center exit. Engineering has
reviewed this request and there will be no expense to the Town. The
other businesses in the center are in agreement to this proposal.
Councilman Graham made a motion that entrance from Bob White Blvd.
be temporarily closed and median cut made with contractor reimbursing
the Town for all expenses incurred. 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
PUBLIC WORKS Mr. Holycross reported that the Public Works Department had opened
bids for a new backhoe, funded in this year's budget. The low bidder
was James River Equipment, Inc., Salem, VA. The total price for this
John Deere backhoe was $40,550 and will be purchased on a lease/purchase
basis over a five year period. Interest rate is 7-1/2%.
Councilman W. H. Schrader so moved that Town Manager be authorized
to award a contract to James River Equipment, Inc. in the amount of
$40,550 for the purchase of a John Deere backhoe on a lease/purchase
basis, 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
Mr. Holycross requested an executive session on a legal matter.
FILTER Mr. Holycross reported there was an article in a recent newsletter
P regarding. the Infilco Degremont's Superpulsator installed at the Town's
Filtration Plant.
VML Councilman Glenn had attended the VML Transportation Policy
Committee Meeting in Richmond and presented the results of that meeting
for inclusion in the Council minutes.
1
At 5:00 p.m. on motion made by Councilman Glenn, seconded by
Councilman Crispin, and carried on the following recorded vote, Council
went into Executive Session on a legal matter under 2.1-344 A7:
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 5:15 p.m., Council returned to regular session and waived
reading of the Certification Resolution on motion made by Councilman
Glenn, seconded by Councilwoman Copenhaver and carried.
August 6, 1991
Councilman W. H. Schrader made a motion that Certification
Resolution be adopted, seconded by Councilman J. R. Schrader and carried
on the following recorded vote:
CERT.
RESOLUTI~~arles 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
APPROVED:
/ WHEREAS, the Pulaski Town Council has convene~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;
8989
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, considered by the Pulaski Town Council
At 5:17 p.m. Councilman Graham made a motion to adjourn, seconded
by Councilwoman Copenhaver, and carried.
Attest:
Vice Mayor
Clerk of Council