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Home My WebLink About08-20-96August 20, 1996 Minutes of the regular meeting of the Pulaski Town Council held August 20, 1996, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Vice Mayor W. H. Schrader, Jr., presiding Council Members: Lane R. Penn, W. Edgar Hale, James M. Neblett, Pauline G. Mitchell, Charles W. Stewart Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager Robert J. Lyons, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: J. R. Schrader and Paul Dellinger, News Media Rev. W. L. Covey Mary Lee Duncan Robert & Mary Collins The meeting was called to order by Vice Mayor Schrader Vice Mayor Schrader welcomed visitors to the meeting. Councilman Hale 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 held August 6, 1996, be approved as submitted, seconded by Councilman Neblett and carried. Vice Mayor Schrader reported that Mayor Graham had had some major surgery in Roanoke, and he is doing quite well. Our prayers and best wishes are with Mayor Graham. pp~C Vice Mayor Schrader advised that first on agenda was a public hearing to consider an application HEARING by Pulaski Furniture Corporation for aright-of--way encroachment. IIVCIZOACFI~IVT Mr. Combiths stated this right-of--way encroachment is for the installation of a traffic loop sensor below grade for an electronic gate in Town street and walkway on North Madison Avenue. At the July 2, 1996, meeting of Council, a temporary encroachment was grarrted to Pulaski Furniture. This was done with the understanding that the Town can revoke this right in the irrterest of public safety should that need arise in the future. No comments were received from the public for or against this encroachment. Mr. Terwilliger reported that Council is granting an individual or company the right to use the public streets or public ways that are not granted to the general public and if it is expected to last five years or longer, then it has to be advertised in this manner and should be adopted by ordinance. Councilman Neblett made a motion that Ordinance No. 96-25 Allowing Right-Of-Way Encroachmerrt by Pulaski Furniture Corporation to Install Wiring in Town Street and Walkway on North Madison Avenue be adopted, seconded by Councilman Penn and carried on the following recorded vote: ORDINANCE 96-25 encroachment John A. Johnston -Absent W. Edgar Hale -Aye Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Absent Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye Vice Mayor Schrader reported that the second public hearing on agenda was to consider an P[)IiLIC application by Robert Collins for aright-of-way ~rcroachment at 625 Monroe Avenue. HEARING INCtZOAQ~r Lyons stated that Mr. Collins had requested permission to install a handicap ramp to be constructed from treated lumber. This would be located on the right-of--way, however, it would be off the pavement. Staff does not have any objection to the request, however, this could be removed if there was a problem with public traffic. 9616 No comments were received from the public for or against this request. 9617 August 20, 1996 Councilman Neblett made a motion that Ordinance No. 96-24 Allowing Right-Of-Way Encroachment by Robert Collins to Install Handicap Ramp on Monroe Avenue be adopted, seconded by Councilman Hale and carried on the following recorded vote: ORDINANCE 96-24 John A. Johnston - Abserrt W. Edgar Hale -Aye ~~ Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Absent Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye ~~~ In hearing from the public, Ms. Joyce Bell, P. O. Box 741, Pulaski, advised that at last Council ADDRESS) Meeting, she asked for procedures for advertising for hiring entry level positions. She asked why ~~ these procedures had bean violated. And, if there were any restrictions for rehiring past employees. Vice Mayor Schrader referred these questions to administration and to the Town Attorney for any comments they may have. Mr. Terwilliger asked if Ms. Bell was alleging these had been violated in reference to her, or violated in general. Ms. Bell advised they had been violated in general. The the job was posted today on the bulletin board, and runs out this Friday. This is the full time laborer position that is vacant. It was posted in the newspaper last Friday. The Town Attorney will check on this question and if there is no confidentiality on this matter, will provide to the news media and members of Town Council. CITIZ~I Rev. Covey, Peakland Drive, retracted a statement that he had made previously in that he was not proud to live in the Town of Pulaski. He stated that Pulaski is a nice place to live. This statemerrt was made as he was aggravated over the dust, etc. that they were dealing with on Peakland Drive. Rev. Covey thanked the Town Council for all that the Council is doing for them, and further requested a street light be installed on Peakland. ~~ Mrs. Mary Lee Duncan, P. O. Box 107, Pulaski, addressed Council regarding eyesores in the Town. Lot between Madison Avenue and the parking lot at 99 Shopping Center has high weeds, discarded pipe, litter and the railroad track needs to betaken up. Mrs. Duncan stated this property is owned by N&S. Area of Washington Avenue and Maple Shade Inn (Mr. Green owns) needs cleaning up; Washington Avenue and 5th Street (old taxi cab station) weeds are high and has litter. Needs cleaning up. The sidewalk at the gate of Pulaski furniture needs repair. Vice Mayor Schrader stated that brush needs to be cleaned out of Sproules Run, along Route 11 l~FAK ~~ and suggested this maintenance be scheduled on an annual basis. He further requested that the Public Operations Committee review this matter. Councilwoman Mitchell had asked the Assistant Town Engineer to review Sproules Branch. She further suggested that we could possibly use the men who are cleaning Peak Creek to also clean this area. Mr. Combiths stated the Town was prohibited from using any kind of strong herbicides for killing grass and weeds. Non-violent convict labor through the Departments of Corrections have started the cleaning along Peak Creek and we are hoping to get to Sproules Run also. As there were no further comments from the public, Vice Mayor Schrader called for Council Committee Reports. UTILITIES CONIlVIITTEE: In the absence of Chairman Johnston, Mr. Combiths reported that the Utilities Committee had met August 16, entering Executive Session on consultation with Legal Counsel regarding Contract Negotiations with Magnox, Inc. and consultation with Legal Counsel regarding Contract Negotiations with Pulaski County regarding utility capacities. Mr. Combiths advised the committee had discussed Renfro with regard to Renfro sharing in some pretreatment cost in our sanitary sewer system. The Utilities Committee discussed current franchise agreement with Adelphia Cable. PUBLIC OPERATIONS CONIl~IITTEE: Chairman Penn had no report. 0 ~l__. ~j 2 August 20, 1996 c~lg ORDINANCE CONIl~ITTTEE• Chairwoman Steger was abserrt. FINANCE CONIl~IlTTEE: ('ART F Chairman Schrader reported that the Finance Committee had met prior to the Council Meeting to TV discuss two topics, one being the renewal of the cable franchise. Upon recommendation of the Utilities Committee, a public hearing will be scheduled for September 17, 1996, to receive public commenrts regarding the renewal of the franchise with Adelphia Cable Communications which expires on December 31, 1996. The County and the Town of Dublin have already renewers franchises with Adelphia. The Finance Committee was brought up to date on cable issues and our responsibilities. There is not much that the Town Council can do. We do not have control over channels or price of the cable as state and federal laws govern this issue. The only thing the Council has control over is the franchise fee itself. The Council would like to listen to comments/ complaints from the public. Comments will then be forwarded to FCC and state legislators for action.. FRIIlVI;E The Finance Committee also discussed the donation made to the Friends of the Pulaski Theatre of ~' $10,000, what is being done with this money, and what may be done with this money in the future. ~~ The Town Manager was requested to bring back a report to Council regarding the situation with these funds. HUMAN RESOURCE CONIl~~ITTEE: Chairman Hale had no report. PLANNING COMMISSION REPORT: Councilman Stewart reported that the Planning Commission met August 19, 1996, and reviewed and tentatively approved the Recreation & Open Space Elemerrt of the Comprehensive Plan. The Community Facilities Element was reviewed with approval scheduled for September. Councilman Stewart advised that the final element for review and consideration is the General Land Use Element which is scheduled for review in September. Vice Mayor Schrader expressed appreciation to the Planning Commission for their work on this Plan. VICE MAYOR' S REPORT: Vice Mayor Schrader had no report. TOWN ATTORNEY'S REPORT: UDAG ~'~ Terwilliger had no report, however, he requested an executive session on consultation with legal counsel concerning two UDAG loans, Hoopes and Penn, and a personnel matter regarding a specific individual. TOWN MANAGER' S REPORT: Mr. Combiths advised that the Town Offices would be closed September 2 in observance of Labor Day. Vice Mayor Schrader stated that he would refrain from discussing or voting on the request to repurchase cemetery spaces as he was related to the person making the request. CFl~'I7iPY Mr. Combiths reported there are five cemetery spaces in Oakwood Cemetery that Mrs. Maxine SPAGFS Aust would like the Town to repurchase. Councilman Hale so moved that four (4) cemetery spaces 1~UR(J1ASE in Lot 3, and one (1) cemetery space in Lot 4, Section Q, Oakwood Cemetery, be repurchased from Mrs. Maxine Aust in the amount of $125.00. Motion seconded by Councilman Stewart and carried on the following recorded vote: John A. Johnston -Absent W. Edgar Hale -Aye Lane R. Penn -Aye James M. Neblett -Aye 3 9619 August Z0, 1996 Bettye H. Steger -Absent Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Abstain Charles W. Stewart -Aye (GOV. FLIJYD FA1~1 SUBDN. WATIIZ & SIIniFR LVin T17~N SYSTEM Mr. Lyons stated the Governor Floyd's Farm Phase 1 Subdivision was approved by the Planning Commission two years ago. As part of that approval, they were required to construct utility lines to the Town's standards. The water lines are 8 inch lines. The Engineering Department has tested these lines and found them to be sufficient and satisfactory. Mr. Terwilliger reported that there is a one year corrtractor's warranty on lines that are transferred to the Town. As of July 1 the state statute changed this to two years but these lines were constructed prior to July 1. Councilman Hale made a motion that the Town Manager be authorized to prepare documents accepting the water and sewer lines in the Govemor Floyd Farm Subdivision into the Town's System. Motion seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Abserrt W. Edgar Hale -Aye Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Absent Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye Mr. Combiths reported we are continuing our infiltration/inflow abatement program. In our Public Works Departmerrt, in our water and sewer divisions, we have had several injuries and several people out because of immediate family illnesses. This has set us back a couple of weeks. We believe this problem is now corrected and we are back on schedule. Mr. Jenkins is scheduled to return to work on September 3. At 7:30 p.m. Council entered Executive Session under 2.1-344 A7 Consultation with Legal Counsel on two UDAG loans, Hoopes and Penn; and Al a personnel matter regarding a specific individual on motion made by Councilman Penn, seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Absant Lane R. Penn -Aye Bettye H. Steger -Absent W. H. Schrader, Jr. -Aye At 8:00 p.m. Council returned to regular session and adopted Certification Resolution on motion made by Councilman Penn, seconded by Councilman Hale and carried on the following recorded vote: W. Edgar Hale -Aye James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye John A. Johnston -Absent W. Edgar Hale -Aye Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Absent Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye At 8:02 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Vice Mayor Schrader and carried. Attest: Vice Mayor J ~~ Clerk of Council 4