Loading...
HomeMy WebLinkAbout04-21-92April 21, 1992 9087 Minutes of the regular meeting of the Pulaski Town Council held April 21, 1992, 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, 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 J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk 1 Visitors: Dee Lindsey and Paul Dellinger, news media Mr. and Mrs. Claud Kirkland Mr. and Mrs. J. B. Warner Mr. and Mrs. Thomas J. Burnette Roy D'Ardenne E. G. Black, Jr. Fred Pickett Douglas Kegley Clyde Branson Jack Gibson Marvin Eanes Doris Larson Leesa Honaber Donald Cregger Herman Largen Malcolm Burchett Elva Dalton Cindy Morris Robbie Morris Dana Bishop Joe Williams James E. Aust Dick Davis J. T. Back Virlen Chrisley Polly Mitchell 2 Area Citizens The meeting was called to order by Mayor Hancock. Councilman Crispin led the Pledge of Allegiance with the Invocation being given by Councilman J. R. Schrader. 9088 April 21, 1992 Following the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of April 7, 1992, be approved as submitted after correction made by Councilman Graham, seconded by Councilman Graham and carried. Mayor Hancock welcomed citizens to meeting. Mayor Hancock read Resolution No. 92-5 honoring Thomas J. Burnette, retiring Police Officer. Councilwoman Copenhaver made a motion that resolution be adopted, seconded by Councilman W. H. Schrader and carried on the following recorded vote: RESOLUTION Honoring Tommy Charles D. Crispin - Aye Andrew L. Graham - Aye Burnette J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Absent Robert N. Glenn - Aye Mayor Hancock stated that Mr. Burnette had completed more than 22 years of service to the Town and presented the Resolution and a key to the city to him with the Town of Pulaski's appreciation. PUBLIC HEARING Mayor Hancock advised that next on agenda was a public hearing to TAXI determine the status of seventeen certificates to operate taxicabs CABS within the community and for the further purpose of determining how many and to whom the certificates shall be issued. Mayor Hancock stated that his law firm has had involvement in this matter in the past, not currently, and he excused himself from participating and asked that Vice Mayor Graham preside over the hearing. Mr. Holycross stated that on December 17, 1991, the Pulaski Town Council authorized the issuance of 17 temporary certificates to Blue and White Cabs, Inc. and Deluxe Cabs, Inc. In issuing the temporary certificates, the Council reserved the right to review the matter following the conclusion of a criminal case pending against Mr. Chrisley in Pulaski County Circuit Court. On February 18, following the conclusion of the case, the Town Council agreed to allow Blue and White and Deluxe Cabs to continue to operate under the temporary certificates until April 21. On March 3, the Town Council scheduled a public hearing for its April 21st meeting for the purpose of determining how many of the temporary certificates and to whom the certificates shall be issued for the remainder of Calendar Year 1992. The Council also instructed the Town Manager to prepare an appropriate announcement that the certificates may be available to other applicants. Notices and application forms were sent to owners of taxicab companies in Radford, Blacksburg, Christiansburg, Wytheville, and Pulaski. The deadline for the receipt of applications was April 10. Three persons have submitted applications to the Town: a. Virlen Chrisley, owner of Blue and White Cabs and Deluxe Cabs, has applied for continuation of the 17 certificates. On his April 21, 1992 9089 application, Mr. Chrisley indicated that he currently has 11 cabs in service. 1 b. James Edward Aust, Sr., owner of Jim Dandy Taxi Service, has applied for 5 additional certificates. Mr. Aust currently has 5 cabs in service. c. Herman Gene Largen, former owner of Blue and White Cabs, has applied for 17 certificates. Mr. Largen is not currently in the taxi business, but was the sole owner of Blue and White Cabs until March, 1986. Mr. Holycross stated that a public hearing would be conducted tonight for the purpose of determining how many of the temporary certificates and to whom the certificates shall be issued for the remainder of Calendar Year 1992. Mr. Holycross stated that in February when Council discussed this matter with Mr. Chrisley and his legal representative, it was indicated that an audit was being conducted of Blue and White as well as Deluxe Cabs and that they would share the audit results with Council. A copy of the report was available and Mr. Davis, Mr. Chrisley's attorney, had authorized the summarizing of this information for Council. Mr. Holycross read excerpts from the report as follows and stated that the majority of records for Blue and White Cab Co. and Greyhound were found to be either severely damaged, not accurately maintained or they could not be located. To recalculate the income for the past five years was not possible because of insufficient original source documentation; it was impossible to confirm true income and expenses as employee payroll was always paid in cash and bank deposits were made after the payroll had been paid. The main payroll records, previous W- 4's, W-2's, etc. were also unable to be located. To further complicate matters, individual payroll checks for employees were not available as all employees were paid in cash. When an attempt was made to match the amount recorded for net pay on the prepared payroll register with the returned checks, they were unable to do so. As noted earlier, it was learned that only one check was written out to Blue and White Cab Co. for the entire amount of the combined net pay of all of the employees. By reason of the loss of records, the unavailability of business data and the accounting system being basically a cash system, it is difficult, if not impossible, to determine if the proper amounts have been recorded for either business over the past five years. It is believed that if Blue and White Cab Co. and Greyhound were to establish an efficient accounting system and an effective control over cash, these operations could indeed became profitable businesses. The auditing firm strongly recommended that Virlen Chrisley contract the accounting functions of the businesses which includes payroll out to an independent firm. This will insure that effective internal controls are placed in use, the proper financial statements are prepared on a regular basis as well as the corresponding reports, i.e. payroll reports and that tax planning be implemented. In conclusion, it was felt that these operations can be viable and profitable businesses. They need to install proper accounting controls in systems. 9090 April 21, 1992 five additional the future. He tonight. certificates as he does need more equipment and cabs in asked for Council's consideration of these certificates Mr. Dick Davis, attorney for Mr. Chrisley, asked Council's consideration for his client in that they had done all they said they would do. He further stated that things were being handled now in a proper manner. Medicare trips are made 20-30 times on a daily basis. He felt that Blue and White is doing everything they can do to run a good, clean operation, and working 23 people. He. stated that Mr. Chrisley had applied for 17 permits and asked that these be awarded. Mr. Davis reported that Mr. Largen has resigned as agent of Greyhound. As of right now, Mr. Largen has nothing to do with the Cab company. Mr. Marvin Eanes is Manager at present. Mr. Davis had requested Council to keep information provided in the audit confidential. Mr. Herman Largen requested that the 17 permits be awarded to him. He reported that Mr. Hufford did not tell him that anything was wrong nor was Dick Miller dissatisfied with it. He stated he was completely honest. Further, he was prepared to reestablish the cabs in 30 days. Councilman Graham asked about insurance coverage for the cabs, with Messrs. Aust and Davis responding that they did have insurance coverage, with Mr. Largen reporting that he would purchase insurance should cars be acquired. Mr. Terwilliger stated that the state code's enabling legislation specifically states that Council can consider character in considering the application. The Town code allows you to do this as well. Mrs. Polly Mitchell, 600 Prospect Ave., commended the gentlemen for coming before Council. She requested that Mr. Aust be awarded the 5 additional certificates. Mr. Marvin Eanes, Manager of Blue and White Cab Co., stated that they have dedicated drivers and that they were a going business. Income averages 51,000/day from the cabs. At 7:47 p.m., the public hearing was declared closed. Mr. Holycross stated that in December, Council determined that 17 certificates would be issued for calendar year 1992 and 17 were issued on a temporary basis. Before Council tonight is to determine to whom those 17 certificates shall be issued for the remainder of the year. JIMDANDY Councilwoman Holston made a motion that 5 of the 17 permits be CABS awarded to Mr. Aust, Jim Dandy Cabs, with the remaining 12 permits AWARDED returned to the Ordinance Committee for their recommendation at the next FIVE Council meeting. The 12 permits remain as temporary until the next CERTI. meeting and the Blue and White and Deluxe Cab Co. remain in operation until that time. Motion was seconded by Councilman Glenn. Mr. Terwilliger reported that he did not feel information provided in report can be covered under the Freedom of Information Act and did not believe it would be protected if it were given to the Council. April 21, 1992 9091 Mr. Davis felt that the Council needed the information and thereby withdrew all requests for confidentiality regarding Mr. Chrisley. He could not speak for Mr. Largen. Councilman Crispin stated that he felt it best that the people be kept employed during this interim period. Councilman Glenn stated that Blue and White and Deluxe Cabs have served a public need over the year and he felt the Council's chief objective is still what is in the best interest of the public. 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 M. Neblett - Absent Robert N. Glenn - Aye MAIN STREET Mrs. Polly Mitchell addressed Council, and asked if a report had been distributed on how the money that was given to Main Street over the past three years, over $300,000, had been spent. She stated that she had been informed that a report had never been made to Council and she further asked why a report had never been received from Main Street, how these dollars had been dispersed, and since there was nothing to show for it, she felt it very necessary for the Council to justify giving Main Street anymore money in the 1992-93 budget. i~ Councilwoman Holston reported that Mr. Phelps met with Council every six months or every year and gave a report. Mr. Holycross advised that Main Street, up until this year, had conducted an annual meeting and an annual report was distributed at that meeting. In the past two years, all of their financial records were run through the Town's books, so that information was provided to Council by line item the same as any other operating department of the Town. Reports may be obtained from the Town Manager. Councilwoman Holston reported that Ridge Avenue, site of water tank, needs gravel. Matter to be handled administratively. As there were no further comments from the public, Mayor Hancock asked for Council Committee Reports. PUBLIC OPERATIONS COMMITTEE Chairman J. R. Schrader had no report. PUBLIC & PERSONNEL RELATIONS Chairwoman Copenhaver had no report. UTILITIES COMMITTEE Chairman Graham had no report. FINANCE COMMITTEE 9092 April 21, 1992 Chairman W. H. Schrader had no report. PLANNING COMMISSION REPORT PLANNING Councilman W. H. Schrader reported that the Planning Commission COMMISSIO~ipril 13, 1992, and conducted a public hearing to consider Planning ZONING_Commission case No. 92-17CU, a request by Michael D. Cox, Elizabeth Cox and Carl A. Cox for a conditional use to expand the Pine Hill met M. Trailer Park, 211 Bentley Hollow Road, into the adjacent 4.1 acres to add 29 mobile home sites. The subject location is zoned R-2 (Residential) and the expansion of a mobile home park requires approval of a conditional use. At the public hearing, a petition was submitted and several neighbors expressed opinions against the condition use. The Planning Commission entered into executive session to discuss a legal matter. The Planning Commission deferred consideration of a recommendation to its May 11, 1992 meeting. In other business, the Planning Commission requested several minor text amendments to its rules and scheduled adoption of the rules for its May 11, 1992 meeting. COMP. PLAN The Assistant to the Town Manager reported that K. W. Poore, the Town's Comprehensive Plan consultant, submitted the Comprehensive Plan, with Town Council's revisions. Staff will review the revised plan for accuracy and completeness and following review, schedule printing. ORDINANCE COMMITTEE Chairwoman Holston had no report, however, she requested that an Ordinance Committee meeting be scheduled. She further stated that the Town Attorney had wanted to have a meeting on the various general assembly items. Mr. Terwilliger stated he would like to schedule this meeting in early May as he is going to a Local Attorney's meeting and this will be one of the topics discussed. MAYOR'S REPORT MAYOR Mayor Hancock reported that Gary Elander, Administrator, Town of Dublin, had reported their planned activities in recognizing Gary Clark, and further he asked if we would like to participate in the community recognition ceremony. Due to time limitation, a resolution from Council was not possible, however, Mayor had prepared a Proclamation honoring Gary Clark which is included as a part of these Council minutes. Mayor Hancock reported that the public forum as sponsored by the Chamber of Commerce, would be held Thursday night at the courthouse at 7:00 p.m. TOWN ATTORNEY'S REPORT April 21, 1992 Mr. Terwilliger had no report. TOWN MANAGER'S REPORT 9093 Mr. Holycross reported on the stability analysis of Gatewood Dam. GATEWO~~ stated the analysis is required by the State of Virginia. The DAM engineers analyzed the safety of the dam for usual loading, unusual loading, and extreme loading. This relates to the amount of water flowing over the dam, ice build-up or silt build-up at the dam. They also analyzed it for what they call the probable maximum flood and they have determined that the probable maximum flood would result in a water level of approximately 11 feet over the spillway of the dam. The analysis indicated that all safety factors exceeded the recommended minimums and that Gatewood Dam is satisfactory for all loading conditions. This information will be forwarded to the State. Mr. Holycross stated that in completing their analysis, they had to assume some information related to the rock foundation and they have recommended that we have an engineering geologist verify their estimates and we plan to have this done when we bring a geologist in to take core samples for the stability analysis of Hogan's Dam. Councilman Graham questioned why the engineers have the geologist to do this for them. Mr. Holycross stated that he was not sure they had someone on staff that could do this. Mr. Holycross reported that we have the results from the chemical analysis of our finished water although official correspondence has not been received from the Department of Health. This analysis is done on an annual basis. The analysis tested for pesticide, radiological, metal, and inorganic contaminants in the finished water and the analysis indicated that the water sample met all of the standards established by the Department of Health. Councilman Glenn asked if they ever run a test on the raw water at the reservoir. Mr. Holycross stated he would check this, but he did know the turbidity was monitored. The filtration system is designed to remove the majority, if not all, of the contaminants. STREETS Mr. Holycross stated that comments had been noted on the condition of Bob White Boulevard and we do have plans to resurface Bob White during the spring paving program. Mr. Holycross distributed to Council an update of the bond fund. BOND His last report to Council was in November. Three projects are FUND currently underway; I/I Improvements, the completion of the first phase of the Route 11 water line, and also the street lights. We are anticipating about $70,000 in total expenditures to finish out the three projects. We have a current cash balance of $111,938. We will be talking with Public Qperations and Finance Committee soon about how we will use this money. We did have some discussion with the committees and a decision sometime ago was to use it on some downtown improvements. This will be discussed further with the appropriate committees. Councilman Glenn recommended that the Finance Committee review the current bond payments and whether or not it might be appropriate to look 9094 April 21, 1992 at refinancing. LANDFILL Councilman W. H. Schrader requested an update on the landfill in (WYTHE) Wythe County and if there was anything new going on. Mr. Holycross reported that the last report that he heard was that they were proceeding with the engineering and there was still some discussion about who was, and who was not, going to be a party to the landfill. Mr. Holycross will check on this matter and report back to Council. Mayor Hancock reported there may well be a private group in Wythe County that is interested in opening a landfill in the area that we were previously talking about and in the area that we had some concerns about. Mayor Hancock requested that Mr. Holycross determine the status of this also. And, if Council would need to take any action. Councilman Crispin asked Mr. Holycross to check to see if a private landfill would go through, would it be subject to the same scrutiny as public landfill. Mr. Holycross reported that in terms of acceptance of out of state refuse, there may be differences, but in terms of to which standards they would be constructed, it would be the same. Mr. Crispin also asked if the Council would have an input as to decision making as to materials going into the landfill. Mayor Hancock stated he felt there would have to be a public hearing process as with a public landfill. Mr. Holycross was asked to check into this also. Mr. Terwilliger stated that the same permitting process must be followed as far as public hearings. Problems might be experienced with restrictions. WATER Mr. Holycross distributed a summary of engineering report on the (RT. 11)Route 11 water line improvement project. He stated that Dewberry and Davis did an engineering report for the Town and the report recommended that the project be done in phases and this is what the Town has implemented. Mayor Hancock stated the phase 1 was estimated to be one million dollars and it only cost $625,000. Phase II is estimated at $245,500. Mayor Hancock stated that during the budget process, Mr. Holycross could give his recommendations on what we could do to try to raise or create this money to complete the project. We have a significant investment in this. STUDENT Mr. Holycross reminded Council that the next meeting is Wednesday, GOV. May 6 and this will also be Student Government Day. A schedule will be DAY provided to Council. Councilman Graham asked if we now proceed with the stability HOGAN'S analysis of Hogan's Dam with Mr. Holycross reporting that what we want to do at this point is go ahead and submit this report to the state to DAM make sure it is acceptable. We should be able to get a response from them fairly quickly, and then proceed with Hogans. We would probably not proceed with Hogans until next budget year. Councilman Crispin made a motion that Council go into Executive Session on an Economic Development Matter under 2.1-344 A5, seconded by Councilman W. H. Schrader and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye April 21, 1992 9095 3. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lau Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Rbsent Robert N. Glenn - Aye At 8:20 p.m. Council went into Executive Session. At 8:47 p.m. Council returned to regular session and waived reading of the certification resolution on motion made by Councilman Graham, seconded by Councilwoman Holston and carried. Councilman J. R. Schrader made a motion that certification resolution be adopted, seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye 3. R. Schrader, Jr. - Aye W. H. S chrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Absent Robert N. Glenn - Aye Gary C. Hancock - Aye At 8:50 p.m. Councilman Graham made a motion that Council adjourn, seconded by Councilwoman Holston and carried. APPROVED: Mayor ATTEST: Clerk of Council f