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HomeMy WebLinkAbout10-01-96October 1, 1996 Mmutes of the regular meeting of the Pulaski Town Council held October 1, 1996, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Vice Mayor W. H. Schrader, Jr., presiding Council Members: John A. Johnston, Bettye H. Steger, 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 Carolyn and Jim Duncan Wade Bartlett Barry Matherly Tyler Fawcett Emily Pohlig Ken Davis The meeting was called to order by Vice Mayor Schrader. Councilman Johnston led the Pledge of Allegiance and Councilman Neblett gave the Invocation. Following the roll call, Vice Mayor Schrader reported that Mayor Graham had received good reports and it is hoped he will be at the next Council Meeting. We wish Mayor Graham the best. Councilwoman Steger made a motion that the minutes of the regular meeting of September 17, 1996, be approved as submitted, seconded by Councilman Neblett and carried. Vice Mayor Schrader read Resolution No. 96-29 honoring Carolyn N. Duncan. Ms. Duncan is retiring as Director of the Retired Senior Volunteer Program. R1iE0LIfl'ION BRING Councilwoman Steger so moved that Resolution No. 96-29 be adopted, seconded by Councilman C~LYN Neblett and carved on the following recorded vote: DUNCAN John A. Johnston -Aye W. Edgar Hale -Aye Lane R. Penn -Absent James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye Resolution No. 96-29 was than presented to Ms. Duncan with Council's best wishes. ~ Vice Mayor Schrader reported that Resolution No. 96-30 Count Pulaski Day was before Council. OOUNT Councilman Hale so moved that Resolution No. 96-30 be adopted, seconded by Councilman ~`~ Neblett and carried on the followin recorded vote: DAY g John A. Johnston -Aye W. Edgar Hale -Aye Lane R. Penn -Absent James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye Celebration will beheld Saturday, October 5, on Main Street. Mr. Matherly advised that the Town Departments will have displays this year and we have over 40 vendors scheduled for the event. Vice Mayor Schrader welcomed Government Students, who introduced themselves, to the meeting. As there were no further comments from the public, Vice Mayor Schrader called for Council Committee Reports. .~~ 96~ UTII.ITIES COIVIlVIITTEE: ~ 9631 October 1, 1996 I ORDI[~iANCE O~'NilfiilJE Chairman Johnston had no report, however, he requested an Executive Session under 2.1-344 A7 consultation with legal counsel regarding negotiations on industrial wastewater contract. PUBLIC OPERATIONS: Chairman Penn was absent. ORDINANCE CONIlVIlTTEE: Chairwoman Steger advised that the Ordinance Committee had met September 26 and reviewed the parade permit fees. It was discovered that the Town has an ordinance that read that we could charge $25.00, but the Ordinance Committee is reviewing this ordinance. The Town Attomey has the language in order and this ordinance will be presented to Council at the next meeting for their approval. Other surrounding localities do not charge for parade permits. Chairwoman Steger stated that the Ordinance Committee discussed yard sales and yard sale signs. There are people in the Town that have continuous yard sales. The Town Attorney has been requested to determine if a business license was needed. Chairwoman Steger advised the committee reviewed in depth the noise ordinance. Mr. Terwilliger stated that on the noise ordinance, there are about four levels of misdemeanor that can be charged. The lower ones are nothing but fines; the higher can have jail time or fines. Mr. Terwilliger stated the maximum would be up to 12 months and $2,500 fine or we could go with some lesser amount. Mr. Terwilliger's recommendation would be, unless it was a very severe problem, that passing a severe penalty is usually not any real deterrent because it is never imposed by a Court. It would also create a criminal record on someone. He recommended it be treated as a lesser misdemeanor. Chairwoman Steger felt it would not be quite the problem in the fall and winter as it is in warm weather. Mr. Combiths stated that at present the Town does not have a decibel reader for noise control. Mr Terwilliger advised the ordinance reads that the decibel reading is an alternative as one of the ways to determine whether the noise is excessive or not. The past judges have not had any problem convicting persons without the decibel reading. Chairwoman Steger stated the committee talked briefly about animal control, and she will be meeting with Sheriff Dobbins within the next couple of weeks to see if there is anything that the Town needs to look at. Chairwoman Steger advised that the Town's Police Department has the right to inspect barking dogs, etc. O~IN~(~ In answer to inquiry from Councilwoman Mitchell, Mr. Terwilliger advised that if the Town does "DOGS" pass an ordinance to replace the County's ordinance, then the County is then excluded from enforcing its ordinance inside the Town. Most of the ordinances, town or county, are paralleling the ordinances that also exist at the state level. The State has certain laws in place and has enabling legislation that authorizes the Town to pass similar laws. The Town officers at present can enforce the State law within the Town. The Courrty does not have sufficient manpower for an evening shift. Apparently they have gotten a number of calls within the Town during the evening which means that someone would have to be called out and paid overtime. Mr. Terwilliger felt this was a question they would like to discuss. Vice Mayor Schrader stated he felt we should stress to the Courrty that we do need them to enforce the ordinance within the Town. CRIME CONTROL REPORT: Councilwoman Steger reported that the Community Crime Awareness Committee met earlier in the day with meeting being conducted by Anthony Akers. No final word has been received as to whether the Town received the grant for which we have applied. This grarrt is in the amourrt of $25,000, and would enable the employment of an officer to work in the middle schools and possibly lower grades. It is felt that we will receive this grant. Councilwoman Steger stated that the Town Council had sent a letter of support for this grant. The Central Gym will be open during Count Pulaski Day for young people. A good report was received from the Care Program that is conducted by the local Churches. 2 October 1, 1996 Councilwoman Steger advised there would be several sub-committees established and they are trying to work with the School Board, particularly for the officer. FINANCE COMMITTEE• Chairman Schrader had no report, however, advised that the Finance committee would meet immediately following the Council Meeting. HUMAN RESOURCE COMMI'~'TEE• Chairman Hale advised correspondence had been received from VML concerning the Nominations Committee which will meet at the VML Conference. Council Members were requested to submit their nominations for the Committees of the VML in writing, and in advance to facilitate the committee's work. If there is a request, Chairman Hale asked that he or Mr. Combiths be notified as they need to be in by October 11. VICE MAYOR'S REPORT• Vice Mayor Schrader reported that the Friends of the Pulaski Theatre have reorganized their ~-~~ membership and Randolph Eley is their new president. During the last Pulaski County Board of Og ~ Supervisors meeting, the Friends of the Theatre were granted a one year extension as an "agent" of 'IIIEAZRE the County regarding the Pulaski Theatre building, Additionally, the membership agreed to employ Cargill and Associates, a professional fund raising firm who assisted the Barter Theatre in Abingdon. They are set to begin their work this month. The Friends have agreed to have installed a new roof on the existing Pulaski Theatre structure. Vice Mayor Schrader reported that Councilman Stewart is serving on this committee and we wished the entire membership well in their endeavors to restore the theatre. Councilwoman Steger stated she had been advised that the entire Elk's Building is going to go on the market and inquired what this will do. Councilman Stewart stated he understood it will not affect the theatre, but the theatre group has been considering asking for the Martin's Pharmacy portion of this building to connect it into the theatre. TOWN ATTORNEY' S REPORT: Mr. Terwilliger advised Council that the Pulaski Furniture UDAG loan closed. TOWN MANAGER' S REPORT: Mr. Combiths reported we had been watching our cash flow. We have a very dry cash receipts ~~ flow from July 1 up until tax receipts go out at the beginning of November. After discussing with (~ the Town Attorney, it was realized we did need an Ordinance authorizing the Town to have a line ~) of credit (overdraft protection). If this is needed to be obtained by competitive procurement, we will do so. We no longer have the UDAG funds in our concentrated checking account as this has been moved out. Also, the collection of auto decals has been moved to April and this is another $100,000. We hope we will not need this cushion. VDOT will have a cash payment to us, approximately one-quarter million dollars, by the middle of this month. ORDIlJANCE 9Er27 Councilwoman Steger made a motion that Ordinance No. 96-27 be adopted Authorizing the Establishment of a Line of Credit to Provide Overdraft Protection on the Town's Checking Accourrt in an Amount not to Exceed $400,000. This would expire June 30, 1997 and must be mewed after that time. Motion seconded by Councilman Neblett. Councilman Stewart made a substitute motion that this matter be tabled until such time as a Finance Committee meeting is held to review Ordinance No. 96-27 and to bring up at the next Council Meeting or at a special called Council Meeting. Councilman Stewart felt it should be discussed in more detail. Motion seconded by Councilman Johnston. Vice Mayor Schrader stated that a special meeting would have to beheld. This is something that ,, we need today as far as being able to procced and do business on a regular manner. Our accounts '~.~ stand separately now and are earning interest, etc. in standing on their own. We are having some `' ^ash flow questions in our General Fund right now. 9632 9633 October 1, 1996 Councilman Stewart stated we did not have a cash flow statement. These things are eternally going to pop up and surprise us until we get around to establishing a cash flow basis so we can manage our money a little more effectively. Vice Mayor Schrader advised this would be paid off immediately. Mr. Bartlett also stated that the Town intends to repay as soon as possible so as not to incur any finance charges. Council discussed this ordinance at length. Councilman Stewart's motion to table this ordinance failed on the following recorded vote: John A. Johnston -Aye Lane R. Penn -Absent Bettye H. Steger -Aye W. H. Schrader, Jr. - No W. Edgar Hale - No James M. Neblett - No Pauline G. Mitchell - No Charles W. Stewart -Aye Councilman Johnston requested that the Finance Director copy Council on any action that is taken. Mr. Bartlett advisers he would keep Council informed. Mr. Combiths reported that the department heads had deferred capital purchases as much as we can. Vice Mayor Schrader stated that hopefully, we will not have to use this overdraft protection. Councilwoman Steger's motion to adopted Ordinance No. 96-27 then carried on the following recorded vote: ORDINANCE NO. 96-27 John A. Johnston -Aye W. Edgar Hale -Aye ~~ Lane R. Penn -Absent James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell - No W. H. Schrader, Jr. -Aye Charles W. Stewart - No Mr. Combiths reported that we are continuing with our I/I abatement program and sidewalk repair on Madison Ave. will be completed by the 11th. The telemetry installation is being purchased from a company and calibration is being done also by a private engineering firm. Mr. Combiths also stated the overall condition of our financial health in the Town has not changed. The Town, at the end of the year, will probably still have an unappropriated reserve of about one million dollars. At 4:47 p.m. on motion made by Councilwoman Steger, seconded by Councilman Stewart, Council entered Executive Session under 2.1-344 A7 Consult with Legal Counsel regarding negotiations on industrial wastewater contract; A3 two real estate matters and A5, a UDAG request. Motion carried on the following recorded vote: John A. Johnston -Aye Lane R. Penn -Absent Bettye H. Steger -Aye W. H. Schrader, Jr. -Aye W. Edgar Hale -Aye James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye At 5:35 p.m. Council returned to regular session and adopted Certification Resolution on motion made by Councilman Johnston, seconded by Councilwoman Steger and carried on the following recorded vote: John A. Johnston -Aye Lane R. Penn -Absent Bettye H. Steger -Aye W. H. Schrader, Jr. -Aye W. Edgar Hale -Aye James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye At 5:37 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councilman Hale and carried. APPI.~OVID: Attest: Vice Mayor Clerk of Council 4