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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