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Home My WebLink About10-15-96October 15, 1996 Minutes of the regular meeting of the Pulaski Town Council held October 15, 1996, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Andrew L. Graham, Jr., presiding Council Members: John A. Johnston, Lane R. Penn, 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 Mary Lee Duncan The meeting was called to order by Mayor Graham. Councilman Penn led the Pledge of Allegiance and Councilman Neblett gave the Invocation. Following the roll call, Councilwoman Steger made a motion that the minutes of the regular meeting of October 1, 1996, be approved as submitted, seconded by Councilman Neblett and carried. As there were no comments from the public, Mayor Graham called for Council Committee Reports. UTILITIES COlVIlVIITTEE: Chairman Johnston had no report. PUBLIC OPERATIONS COMMITTEE: Chairman Penn had no report. ORDINANCE CONIl~IlTTEE: Chairwoman Steger reported that the Ordinance Committee had met prior to the Council meeting ~~ ~ and reviewed Ordinance No. 96-28 Amending Sec. 15.75 of the Town Code Pertaining to Parade and Other Event Permit Fees. Chairwoman Steger read Ordinance 96-28. The Ordinance Committee recommended, and Councilwoman Steger so moved that Ordinance No. 96-28 be adopted, seconded by Councilman Neblett. The Town Attorney clarified additional police protection and cost for everrts where alcoholic beverages are served on public property. The Town Attomey had also submitted to the Ordinance Committee a draft of the International Municipal Lawyers Association's model ordinance and if there is an interest in rewriting the entire ordinance, this copy is available to Council. Motion carried on the following recorded vote: ~~ John A. Johnston Lane R. Penn Bettye H. Steger W. H. Schrader, Jr. FINANCE CONIlVIlTTEE: Chairman Schrader was absent. - Aye W. Edgar Hale -Aye - Aye James M. Neblett -Aye - Aye Pauline G. Mitchell -Aye - Absent Charles W. Stewart -Aye HUMAN RESOURCE COMMITTEE 9634 Chairman Hale had no report. 9635 October 15, 1996 PLANNING COMMISSION REPORT: Councilman Stewart advised that Unlimited Construction, Inc., Agerrt for Mark R. Craig and SUBDIVISION Sandra Viers, has submitted an application, Planning Commission Case No. 96-66SUB, requesting ,~ the subdivision of an existing 29,411 square foot lot to create Parcel A (10,909 square feet), Parcel B (8,500 square feet) and Parcel C (10,000 square feet) on Randolph Avenue. The applicant I~ANNII`1G proposes to construct a single family residence on Parcel B and a duplex on Parcel C. Parcel A OQ~MISSION contains the existing single family residence. Councilman Stewart made a motion that Planning Commission Case No. 96-66SUB be referred to the Planning Commission for their review, seconded by Councilman Johnston and carried on the following recorded vote: John A. Johnston -Aye W. EdgarHale -Aye Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Absent Charles W. Stewart -Aye Mr. Terwilliger stated that the language of the State statute appears to be that Council should refer these requests to the Planning Commission. The Planning Commission then exams the request and then takes their action on it. On some matters, Town Council would also take action. MAYOR' S REPORT: Mayor Graham reported he had referred to the Town Manager some concerns regarding the Town's finances. A Finance Committee meeting will beheld Wednesday morning to review these concerns with Council. Councilman Neblett made a motion that the November 5 meeting be moved to November 4 due to it being Election Day. After discussion, Councilman Neblett withdrew his motion. Mayor Graham reported that he had submitted some concems regarding the K-9 program and R~LICE asked that the Town Attorney review this matter with Council in regard to what liabilities would be K-9 encountered. As this dog is owned by a Police Oi~icer, do we have to have a contract with him? Mr. Terwilliger advised that he was not aware that we had finalized the program at this point. Some of the things that Council might be concerned about are Fair Labor Standards Act, time that officer spends keeping the dog, grooming and training dog, etc., and he would famish Council a memorandum on this matter. Mr. Terwilliger has talked with Mr. Shockley concerning some of the other issues involving the training of the dog. Mr. Combiths advised that there is no formal program yet. Mayor Graham requested that a report be made to Council. Mayor Graham expressed appreciation for the prayers and get well wishes he received while he was sick. He further stated he was glad to be back and had done quite well. TOWN ATTORNEY' S REPORT: Mr. Terwilliger had no report. TOWN MANAGER' S REPORT: Mr. Combiths stated that several discussions had been held with Mr. Price, Adelphia Cable, CAE ~ regarding renewal of cable franchise that we currently have with them. Mr. Combiths addressed questions that Council had. CSPAN, a public access channel, Arts and Entertainment, and ESPN would be added. Adelphia seemed willing to try to substitute Black Entertainment Television (BET) for one of the above channels if the Town so desired. Additionally, Mr. Price would not commit to adding another "super station" such as WGN (Chicago) since company policy was to provide one super station per viewing area and the "super station" being a "distant channel" was more costly for Adelphia to broadcast. ;1 Mr. Combiths reported that Mr. Price had indicated that Adelphia has been working on the service issues that were raised at the public hearing. October 15, 1996 It was suggested that a survey be made to determine what channels the citizens desired. Mr. Combiths is to talk with the County and Town of Dublin to see what their preference would be. Mr. Terwilliger informed Council they did not have a right to govem programming. Wishes and concerns can be expressed, but we have no right to govem channel content. Council discussed the service improvements that had been brought forward at the public hearing. Mr. Terwilliger advised that there are some service requirements in the franchise, but the cable company would have to be given an opportunity to address any types of complaints, etc. The complainrts that the Council heard at the public hearing, were addressed by Mr. Price. Council could encourage people to send in written complaints as these complaints are noticed the most. The Town's franchise with Adelphia is co-terminus with the County and would be just under 10 years. Mr. Combiths stated that the Town charges a franchise fee and we have indicated to Adelphia that we will be charging a business license and Adelphia has objected to this. In discussing the television "dishes", Mr. Terwilliger stated that only the BPOL tax could be charged, as they do not string cable along the Town rights-of--way. Mr. Combiths reported that the cleaning of Peak Creek, Sproules Run and Edgehill Drive by the non-violent convict labor is just about finished. Council Members expressed that they have done a good job. It is anticipated that Peak Creek will be cleaned to the Town limits. Mr. Combiths advised that we had had about 20 cleanups in the last 60-90 days. We are still working on a couple of cleanups. The PSA has advised that containers on Dora Highway would shortly be in place. The Town will build a ramp at this disposal site and Larry Vest will do the news media coverage. COiJNCII, MI~I'ING Councilman Neblett made a motion that the November 5, 1996, 4:00 p.m. Council Meeting be ~~~ canceled due to Election Day, seconded by Councilman Penn and carried on the following recorded vote: John A. Johnston -Aye W. Edgar Hale -Aye Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Absent Charles W. Stewart -Aye At 7:40 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councilman Penn and carried. APPROVED: Attest: Ruth Aust llarrell Clerk of Council Mayor 9636