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HomeMy WebLinkAbout12-02-979746 Decgnber 2, 1997 Minutes of the regular meeting of the Pulaski Town Council held December 2, 1997, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor John A. Johnston, presiding Council Members: James M. Neblett, Lane R. Penn, Bettye H. Steger, Charles W. Stewart, W. Edgar Hale, Joseph L. Weddle, Pauline G. Mitchell, Gerald E. Bolen Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager David N. Quesenberry, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: J. R. Schrader and Paul Dellinger, News Media Sherry Neidigh Nicki Shank Herman Largen Joe W. White William C. Asbury Paul Pickett Bill Phillips Beth MacDonald Trish Pendergrast James E. Aust, Sr. Allen and Tammie Nixon Rebecca Conner The meeting was called to order by Mayor Johnston. Councilman Weddle led the Pledge of Allegiance and Councilman Neblett gave the Invocation. Following the roll call, Councilman Penn so moved that the minutes of the regular meeting of November 18, 1997, be approved as submitted, seconded by Councilman Neblett and carried. Mayor Johnston advised that first on the agenda was a presentation by Mr. Paul Pickett, Larrowe & Co., on the Town's Comprehensive Financial Report for Fiscal Year Ending June 30, 1997. Mr. Pickett stated he appreciated the cooperation of the Town staff. Copies of the audit were audit distributed with Mr. Pickett stating there were no adverse findings. Also, the highlights of the audit were summarized by Mr. Pickett. A Finance Committee meeting will be scheduled to review the audit. Dr. William A. Asbury, Superintendent of Schools, gave an overhead presentation of the long ~~~ range school improvement plans for Pulaski County. It is hoped the total plan can be implemented over a 7-10 year period. The first phase in this project includes Snowville Elementary, Critzer Elementary and Claremont Elementary. The capital improvement plan will begin as soon as possible with the most serious needs being addressed first. A site selection committee will be formed with two members being from Town Council. Mayor Johnston expressed appreciation to Dr. Asbury for this informative presentation. Mr. Bill Phillips and Mr. Stuart Gilbert, New River Valley Economic Development Alliance, gave an overview of their five-year plan of action in forging new partnership among businesses, ~~,~~ counties, towns and city governments. Appreciation was expressed to Town Council for their DEVECIJPMENI' continued support and they are looking forward to working with Council. (A copy of this plan of action is attached with permanent copy of minutes). Vice mayor Steger so moved this item be referred to the Finance Committee for their review, seconded by Councilman Penn and carried. Ms. Beth MacDonald, Division of Marketing and Member Service, Virginia Municipal League, VNL addressed Council regarding the services available from VML including legislation assistance, research, representation and voting, publications, conferences, training and insurance. Council Members were urged to utilize these services and let them know topics they would like to discuss in future regional workshops. Mayor Johnston advised that next on agenda was the annual taxi cab public hearing. Decgnber 2, 1997 ANNUAL TAXI CAB 1',EAP,Il`~ Mr. Combiths reported that annually, under the Town Code, a public hearing is held regarding the issuance of certificates for taxi cabs for public need. The Ordinance Committee considered this matter in their meeting held December 1. Ordinance Committee Chairwoman Steger advised that the committee had met for the purpose of discussing a recommendation on issuance of taxi cab certificates for 1998. The Town received two applications for certificates: a request from Allen Wayne Nixon (Family Care Taxi) for 13 certificates and a request from Herman G. Largen (Blue and White Cabs Inc.) for 26 certificates. The committee recommended that 24 certificates be issued. From the public, Mr. Joe White, Blue & White Cabs, stated that in the past 24 certificates were awarded, and asked for additional certificates. He further advised they have 20 permanent drivers. Mr. James Aust advised he had seven cars painted and available for sale. Due to health problems, Mr. Aust was unable to continue his business this past year. He further stated he had confidence in Mr. Nixon, felt he was very capable and asked for Council's support. Mr. Nixon stated he had requested 13 certificates, but would like to have 10. Drivers will be subject to drug testing. Cab stand will be on Randolph Ave. Mr. Largen stated that in a few days, he should have more cars available to be inspected. Council discussed the merits of the new taxi cab ordinance which is presently under study by Council. Inspection of the taxi cabs was also discussed. Councilwoman Mitchell recommended that Mr. Nixon be awarded 12 of the 26 certificates. Mr. Combiths reported that a phone call was received before the meeting from a local resident stating she was glad to see Council considering another cab company because she was not pleased with Blue & White service. AT 5:30 p.m. the public hearing was closed. Councilman Stewart so moved that Ordinance No. 97-23 Awarding Certificates of Public Convenience and Necessity for Taxicab Operations for Calendar Year 1998, a total of 26 certificates with Family Care Taxi awarded 10 certificates and Blue and White Cabs awarded 16 certificates, be adopted. Motion seconded by Councilnan Bolen and carried on the following recorded vote: ORDINANCE 97-23 CE~'ICAT1~ James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye Gerald E. Bolen -Aye From the public, Rebecca Conner, Government Student, was introduced. As there were no further comments from the public, Mayor Johnston called for Council Committee Reports. Chairman Neblett had no report. P B T . OP .RATION OMMI . ~.: Chairman Penn advised that Public Operations Committee had met December 1, 1997. The Engineering Department has conducted a traffic study of Newbern Road. Recommendations STREETS were as follows: the 25 mph speed limit be strictly enforced; the road have a centerline stripe to keep vehicles in their lane; trimming trees and asking Pepsi Cola not to use the street. The committee also heard an Engineering report concerning drainage problem in the Twin Oaks DRAINAGC Subdivision. Potential corrective measures include junction box replacement; larger drainage pipes to carry runoff; and modifications to drainage channels. 9747 2 9748 December 2, 1997 Chairman Penn advised that a report concerning upcoming meetings with the County and Dublin on recreation issues was also reviewed. Town representatives, Councihnan Penn and Recreation Director Dave Hart, will present their findings of the Town's cost allocation analysis of the Recreation Town's programs and will examine the equitable sharing of costs between the local governments in the county-wide Recreation Director. Chairman Penn stated the committee also AEP reviewed a new municipal rate structure with American Electric Power. The committee recommended to Council that the Town Manager be designated to sign electrical service agreements with AEP for the Pulaski Business Park. Motion carried with Councilman Weddle abstaining. The committee further recommended to Council that the Town Manager be designated to sign with Anderson and Anderson for professional engineering services for the Pulaski Business Park. Motion carried. Recreation Chairman Penn advised the committee discussed the walking track at Pulaski Middle School. They reviewed three options for lighting outlined by Dave Hart, Recreation Director. The committee requested that cost data be gathered and authorized meetings between staff and school personnel to pursue the issue. ~ Ordinance I Comrassion Employee Chairwoman Steger advised that the Committee will start review of the new taxi cab ordinance when prepared by Town Attorney. ["RIME .ONTROL. REPORT: Vice Mayor Steger had no report from this committee. FINANCE GOMMITTEE_ Chairman Stewart had no report. Councihnan Stewart advised the Planning Commission would meet December 8, 7:00 p.m. to consider 1) Case No. 97-80RZ, request from homeowners on Oakhurst Avenue, Whitethorne St. and Heatherwood St. be rezoned from R-2 to R-1; 2) Case No. 97-84SUB, request from JSK Construction for the resubdivision of property in Pepper's Ferry Meadows, and 3) Case No. 97- 85SUB, request from Pulaski Furniture for a conditional use permit to store furniture in the Jefferson School building. Chairman Hale reported that the Human Resources Committee met prior to the Council Meeting in Executive Session on a Personnel Matter. The committee recommended that Ms. Patricia Pendergrast be appointed Clerk of Council effective January 1, 1998. Motion carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye 1 N&S MAYOR'S REPORT: W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye Mayor Johnston reported there would be a community meeting regarding a passenger service stop for the railroad, today at 6:15 p.m. Mayor Johnston stated that a VML Legislative Meeting would be held in Roanoke on December 16. In discussing the proposed Charter changes, a special council meeting might be necessary for a public hearing prior to December 19. Councilman Hale so moved that the December 16, 1997, Council Meeting be canceled, seconded by Councilman Weddle and carried on the following recorded vote: 1 rl J 3 :ece;~~~er %,, i';~7 James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale Joseph L. Weddle Pauline G. Mitchell Gerald E. Bolen - Aye - Aye - Aye - Aye TOWN ATTORNEY' RFPORT• Ec. Diev. Mr. Terwilliger reported that on the Micrcenterprise Loan Program, there are now three banks ~CpN. that are participating and they had requested that on large loans, that they each contribute one DEV• third and give all the money to Town as Administrator. The Town would loan the money to the business, get a note from the business to the Town and assign that as collateral for loan from the banks to the Town. Mr. Terwilliger expressed concern with this method as it would probably count toward the Town's debt limitation. After a meeting with the local bankers, one method we could use would be to have the IDA conduit for the bank's funds. The full faith and credit of the Town would not be involved; they would not be obligated over and beyond signing the notes from the businesses and the guaranteed funds of the State would be used for that purpose only. IDA Councilman Hale so moved that the Industrial Development Authority be requested to act as a conduit for these loans. Motion seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye Gerald E. Bolen -Aye P.esolution Also before Council was Resolution No. 97-28 Authorizing the Execution of Documents for the ~~. Micrcenterprise Program. Councilman Stewart so moved that Resolution No. 97-28, with a change of date to December 2, 1997, be adopted, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye Gerald E. Bolen -Aye Fr~loyees Mr. Combiths reported that an employee service awards presentation and dinner would be held II~IPL(JY. on Friday, December 19, 11:30 am. Council was invited to attend. At 6:00 p.m. Vice Mayor Steger made a motion that a recess be held, seconded by Councilman Penn and carried. At 7:00 p.m. Council entered executive session under 2.1-344, A3, Acquisition of property for public use, A7 consult with legal counsel regarding potential litigation, claim against the Town, dog bite; and A7 consult with legal counsel regarding contract negotiations on the Rt. 11 to Wurno sewer line, on motion made by Councilman Penn, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye Gerald E. Bolen -Aye At 7:20 p.m. Council returned to regular session and adopted certification resolution on motion by Councilman Hale, seconded by Councilman Weddle, and carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Aye Lane R. Penn -Aye Joseph L. Weddle -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye Gerald E. Bolen -Aye 9749 4 9750 December 2, 1997 Seer Mr. Terwilliger reported that Council was in receipt of a draft amendment to the Settlement ANNF~XA')?ION Agreement with Gulf Investments dated 12/3/87 which provided for them to make a payment to the Town in return for extension of sewer service for property at Morehead Lane/Route 11 in the ~ Town of Pulaski. The proposed extension would be for staggered payments instead of a lump TO S~'I'~~' AGRI~T sum of $116,000 which was due within 10 years of the annexation. The 10 years is a ost up. The staggered payment would be an initial down payment with the rest of the payments guaranteed by a letter of credit. A proposal has been sent to Council and Mr. Terwilliger asked for a motion that the Town Manager be authorized to execute and bind the Town to an agreement in substantially this form with the anticipated changes clarifying that the letter of credit be irrevocable and also clarifying that the Town have 36 months after the start of the project to complete the project. With those changes, that the Town Manager be authorized to execute this in the name of the Town. Mr. Terwilliger further advised there is apparently a successor in interest to the partnership which is White, L.L.C., a Virginia Limited Liability Company. Councilman Stewart so moved that the Town Manager be authorized to execute this amendment to the settlement agreement, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W . Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye At 7:26 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councihnan Hale and carried. Mayor Attest: ~~ ~. ,~,~ Ruth A. Harrell Clerk of Council C 5