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.
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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:
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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
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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
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