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HomeMy WebLinkAbout11-19-969637 November 19, 1996 Minutes of the regular meeting of the Pulaski Town Council held November 19, 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. H. Schrader, Jr., 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 Elmer Hanks Ronald Vaughan Valencia Johnson Henderson Randolph Tom Westmoreland Tara Hancock Herb Cooley William W. Bartlett Dave Hart A. Dawn Hensley Tracey D. Shiflett Joe Price Hilda Sexton The meeting was called to order by Mayor Graham. Councilman Hale led the Pledge of Allegiance and Councilman Stewart gave the Invocation. Following the roll call, Councilwoman Steger made a motion that the minutes of the regular meeting of October 15, 1996, be approved as submitted, seconded by Councilman Neblett and carried: Judge Turner Mayor Graham welcomed Judge of the Circuit Court Ed Turner to the meeting. Judge Turner addresses stated that he always has an open door and was happy to visit with Town Council. Judge Turner Council also expressed confidence in the Chief of Police Herb Cooley and felt that he is doing a good job. Judge Tumer welcomed Town Council's ideas and was happy to see the clean up of litter and debris in the Town. Judge Turner talked briefly regarding the use of convict labor to assist in cleaning up the Town. He stated a lot lies with the Department of Corrections in the use of convict labor. N~^' New Town employees, Dawn Hensley, Senior Center Director and Tracey Shiflett, Economic Employees Development Specialist were introduced to Town Council. Tom Westmoreland and Tara Hancock, Government students from Pulaski County High School were welcomed to the Council Meeting by Mayor Graham. As there were no comments from the public, Mayor Graham called for Council Committee Reports. UTILITIES CONIlVIITTEE: Chairman Johnston advised that the Utilities Committee had met October 18, and November 6, 1~PPIIZS 1996, discussing the negotiations that have been ongoing between Peppers Ferry Regional FURY Wastewater Authority, the Town and Renfro Corporation regarding industrial discharge permits. The new permits now are ready to be issued to Renfro. The committee was briefed with regard to the status of the share of the cost of bioxide feed by Renfro Corporation. Chairman Johnston advised that the committee had looked at the Farmers Home Loan grant application for the Town's infiltration/inflowpyogram. Farmers Home advised us that what we are I~~J November 19, 1996 ~ using the money for was not a good match with the federal grant program. Mayor Graham requested that additional information be obtained on the results of the Town's application and be reviewed by the Administration. Mr. Lyons reported that this was ongoing maintenance as opposed to a very solid start and finish date. They typically fund projects that are more short term oriented and our UI program is something that we will be working on for a number of years. Staff will investigate other areas in 1997-1998 budget. ectric Chairman Johnston advised that America Electric Power was proposing a Cloverdale, VA to oar Wyoming, West Virginia 765 V transmission line project. The New River Valley Planning District Commission will be advised of Town Council's feelings. The committee recommended, and Chairman Johnston so moved that the Council favorably consider supporting this new electric service into our area. Motion then carried. Chairman Johnston requested an Executive Session under 2.1-344 A7, consult with legal counsel regarding negotiations on industrial wastewater contract. PUBLIC OPERATIONS CONIlVIITTEE: Chairman Penn advised that the Public Operations Committee met November 13 and November 19, 1996. Discussed was the State assessment of the Parks and Recreation services. The Recreation following was recommended: 1. "A joint study should be undertaken to determine the appropriate level of support from the County and the Town to sustain an enhanced county-wide parks and recreation program. 2. The role of the parks and recreation board needs clarification from the Town and County officials. Consolidating the County and Town recreation programs under the joint parks and recreation board should be considered. 3. A joint Town/County master plan for parks and open space is recommended to chart the course of future recreational areas and facilities, and the identification of critical open space resources. 4. The Department currently have very strong youth sports programs but has somewhat limited programs in other areas. The Town/County should consider developing programs to meet the desires of a wider range of citizens." Chairman Penn advised that the Town Manager would set up a workshop with Council to discuss this report. Mr. Combiths reported that we had not received comments from the County regarding this report, however, when comments are received, they will be shared with Town Council. Police ~~ Penn stated that the committee discussed the K-9 unit. Chief Cooley had addressed the K-9 ~blic Operations Committee with their plans. The Public Operations Committee recommceded, and Chairman Penn so moved, that the concept of having the drug dog for a six (6) month trial basis with the incorporation in the program of the Town Attorney's advice. Motion seconded by Councilman Neblett. Councilman Johnston stated that this was a drug dog and not a general traffic control dog. The dog will not come into contact with anyone, causing a risk. Mayor Graham requested that the cost of this project be furnished at the next Council Meeting. Motion then carried. Dr.ai Wage ~hairman Penn resorted that the committee discussed the drainage problem on Collins Drive. The committee recommended that the two home owners meet to see if they can resolve this drainage problem on their own. Chairman Penn advised that the committee also discussed the Main Street Study. It was reported ~ Main St. that there was some unfavorable feedback from Main Street mercharrts. ORDINANCE COMMITTEE: `.. Chairwoman Steger reported that the Ordinance Committee met November 13, 1996. Chairwoman ORDINANCE Steger stated that Columbia Pulaski Community Hospital had requested that the Town look at the e of their sign which is going to be 90 square ft. After reviewing this matter, the committee did 9638 9639 November 19, 1996 ORDINANCE NO. 9fr29 not take any action. The Staff will meet with the hospital and a church which recently was in a similar situation to discuss alternatives. A report will be brought back to Council. Chairwoman Steger stated that before Council was Ordinance No. 96-29, an Ordinance Amending Ordinance No. 96-4 to Amend the Town of Pulaski Code to Establish Enterprise Zone Incentives. The Ordinance Committee recommended, and Chairwoman Steger so moved that Ordinance No. 96-29 be adopted, 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. -Aye Charles W. Stewart -Aye FINANCE Chairwoman Steger reported that the Virginia Department of Motor Vehicles had advised that the Code of Virginia has bean amended making it unlawful for persons without qualifying disabilities to park in disabled parking spaces. An ordinance will come before Council at the December 3rd meeting. Chairwoman Steger advised that the committee had discussed the community wide cleanup. Mr. Combiths reported that at the PSA site on Dora Highway, they have removed their roll off containers, however, they will be put back. They want to make sure they have all their signage done, notice in paper, etc. Chairwoman Steger stated the committee had discussed the BPOL ordinance that was mandated by the General Assembly. The ordinance adopting the BPOL model ordinance will be before Council for their consideration at the December 3rd Council meeting. Chairwoman Steger reported that the Public Works Director will meet with the Ordinance Committee and review some very important ordinances and/or amendments. Also, an ordinance covering excessive fire alarms will also come up for review at the December 3rd meeting. CRIME CONTROL REPORT: Councilwoman Steger advised she had attended the November 4th meeting of the Community Crime Awareness Committee. This committee is chaired by Anthony Akers. Councilwoman Steger was happy to report to Council that the grant funding was received so there will be a school research officer to begin in December, working with the middle schools, and some in the high school. Also, there were several committees appointed. Councilwoman Steger reported that she had attended the New River Valley Tourism Planning Session at New River Community College. She further stated that Barry Matherly had us going in the right direction for the tourism. FINANCE CONMTTEE: Chairman Schrader advised that the Finance Committee met on October 16 and reviewed the cash flow analysis. The finial cash flow analysis will be provided after the capital projects are scheduled. Chairman Schrader reported there will be several budget amendments forthcoming, It was felt BiJDC~T these amendments will probably be presented at the December 3rd meeting. Also, the committee is AI`g?VI~NIS waiting for administration to bring program for an incentive plan for our departments in saving money in their respective budgets each year. Chairman Schrader advised that at the November 8th meeting, the committee entered executive session regarding an economic developmerrt matter, expansion of existing industry. The Finance RENFRO Committee recommended that they favorably consider the Nondisturbance, Subordination and NONDISIURBANCE, Attornment Agreement by and among the Town of Pulaski, Renfro Corporation and NationsBank. ~~ AND This agreement will facilitate the expansion of Renfro Corporation through their acquisition of a ATE major sock manufacturer. The Finance Committee recommended, and Chairman Schrader so AGREIl~T moved that the Town Manager be authorized to :execute ..this agreement, with Francis C. Terwilliger as Trustee, seconded by Councilman Neblett and carried on the following recorded vote: /' John A. Johnston -Aye W. Edgar Hale -Aye UDAG Loans [1 RESCCIE ~~ November 19, 1996 Lane R. Penn -Aye Bettye H. Steger -Aye W. H. Schrader, Jr. -Aye James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye irman Schrader advised that they also met in executive session regarding consultation with l counsel regarding the Hoopes UDAG loan. The Fire Alarm Installation for Senior Citizens also reviewed. There has been a request to install smoke detectors in homes of needy senior ens. There is some potential liability which will be studied and brought back to the Finance unittee with recommendation. a later date, the Finance Committee will bring in a recommendation on customers that have had it water cut off, having their water cut back on with reconnection fees, etc. on a case by case rairman Schrader reported that the Finance Committee met prior to the Council Meeting, scussing REMSI which is the rescue squad. The Town has been requested to share in the cost of $20,000 defibrillators for the rescue squad with Pulaski County and the Town of Dublin. Finance Committee recommended that a not to exceed figure of $6,000 be contributed to ,oral Emergency Medical Services. Motion carried on the following recorders 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. -Aye Charles W. Stewart -Aye VNL/VaCo Electric Po~ex n RESOLUITON 96-31 VDaT INS[JRANCE DEPT. iairman Schrader reported that the VMLNaCo negotiations with America Electric Power was scussed. Every three years the cost of electricity for each locality in the State is negotiated. The Hance Committee recommended paying the Town's pro-rata share of the consultant's costs, .,738. to Virginia Municipal League. Motion 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. -Aye Charles W. Stewart -Aye an Schrader reported that an application by the Town had been accepted by VDOT for a for the Lottier railroad crossing. The Town will pay approximately 2% of the cost of this P P -airman Schrader so moved that Resolution No. 96-31, Project Programming Resolution, ~il/Highway Grade Crossing Projects be adopted, seconded by Councilwoman Steger and carried the following recorded vote: John A. Johnston -Aye Lane R. Penn -Aye 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 man Schrader advised that the committee also briefly discussed Trigon Blue CrossBlue l Conversion to Stock Company. An election card to indicate preference for cash and/or in the company will be sent indicating a preference for cash and earmarking any cash ~ed for health insurance costs in the future. This matter will be handled administratively. man Schrader reported that a fire pumper will be purchased and financed through a five year and is a budgeted item in the amount of $172,319. staff is finalizing our telephone system and should begin final contract negotiations within ~ 7 days. Finnan Schrader reported that we are working with the County on the County being able to send our tax tickets for us. yor Graham reported that the Finance Committee and the Pulaski Railway Complex Blue bon Task Force met October 30. Options regarding new construction at the site of the existing 9640 4 ~ 9641 Novernber 19, 1996 train station CABLE TV ORDINANCE 9C-~31 Train Station and renovation of 10,000 sq. ft. of the old Maple Shade Plaza were presented and reviewed. This matter will be discussed with Senator Trumbo and Delegate Baker. Mayor Graham advised the C. E. Richardson grant application for $10,000 to assist with the train station had beers turned down. Chairman Schrader stated that before Council was Ordinance No. 96-31, Granting and Renewing a Non-Exclusive Franchise to Southwest Virginia Cable, Inc., D/B/A Adelphia Cable Communications, Its Successors and Assigns to Construct, Operate and Maintain a Cable Television System in the Town of Pulaski, Virginia. This franchise will be a common term with Pulaski County and will expire in 2005. The franchise fee is 4% and Adelphia will be required to have a business license. The Finance Committee recommended approval of Ordinance No. 96-31. Mr. Terwilliger clarified changes that had been made in the proposed ordinance and briefly reviewed the ordinance. Mr. Joe Price, Adelphia Cable, answered questions from Council. Motion to adopt Ordinance No. 96-31 carriers 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. -Aye Charles W. Stewart -Aye BOARD OF 71JNIl~IG APPEALS Chairman Schrader thanked the Town Attorney, staff and Council for all their work on this document. HUMAN RESOURCES CONIlVIlTTEE: Chairman Hale reported that the Human Resources Committee recommended that Kathleen C. Kirk be reappoirrted to the Board of Zoring Appeals and that the Town Attorney prepare the proper Order to be entered by the Judge of the Pulaski County Court for the appointment of Mrs. Kirk for a five (5) year term. Motion carriers on the following recorded vale: John A. Johnston -Aye Lane R. Penn -Aye Bettye H. Steger -Aye W. H. Schrader, Jr. -Aye I CI'1fiLEjQS GROiJPS 1 SUBDIVISION W. Edgar Hale -Aye James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye Vice Mayor Schrader stated that the Human Resources Committee had mentioned in a committee meeting that the Courrty has some interest in a citiz~-s group regarding cable, discussion groups, advisory groups, steering groups, etc. and requested the Human Resources Committee to investigate this matter and bring back some options to Council. PLANNING COMMISSION REPORT: Councilman Stewart advised that the Planning Commission held a worksession on the Comprehensive Plan on October 21. The Commission conducted afollow-up review and approved the General Land Use Element and General Land Use Map. The Planning Commission also met on November 11 and will conduct a public hearing on December 9 on the Comprehensive Plan. Following the public hearing, this document will be forwarded to Town Council as soon as the Planning Commission makes a recommendation. Councilman Stewart advised that Unlimited Construction, Inc., agent for mark R. Craig and Sandra Viers had submitted a request to subdivide a 29,358 square foal parcel at 1623 Randolph Ave. to create 3 lots and a public hearing was held. This public hearing was continued until December 9 because of notification problems as it was felt that all the participants had not been properly notified. The public hearing will be renaticed. J 1 From the public, Mr. Henderson Randolph stated that Mr. Lyons stated the certified letters to the above property owners were mailed on Monday, but the Post Office does not meter any mail. It was metered at the Town, and stamped with the 8th and mailed on the 8th. November 19, 1996 7IJNIlVG ouncilman Stewart advised Melvin D. and Rhonda Q. Chrisley, Tom's Drive In, have submitted application to rezone approximately one-half acre at 620 S. Washington Ave. from R-2 ( esidential) to B-1 (Business). A second application is also necessary to obtain a conditional use. I~ PROGRAM RD~I NRRA applicant plans to construct an additional dining room. Therefore, the addition requires both a rung and conditional use. Councilman Stewart so moved that Town Council refer these ications to the Planning Commission for review, seconded by Vice Mayor Schrader and or Graham highlighted some of the Virginia Municipal League Legislative Program, 1997, that the VML supports. Mayor Graham requested that the Town Manager arrange a meeting our legislative representatives and Council so that any legislation that affects our Town that is ng up next year can be discussed. Graham requesters an executive session on a personnel matter under 2.1-344 Al. Terwilliger had no report, however, he requested an executive session, consultation with Legal nsel, A7, (three matters) concerning 2 existing UDAG loans, Hoopes and Penn and Woody's aurant litigation, Melvin Chrisley to the Town. Combiths reported that the Town Offices would be closed November 28 and 29, 1996, in rvance of Thanksgiving. Combiths advised that on the December 3rd agenda, the annual public hearing regarding taxi would be held. . Combiths stated that as Council's representative, he had attended the REMSI Board meeting first week of November. There are renovations currerrtly underway at both the Pulaski County scue Squad Building in Dublin and the New River Rescue Squad Building in the Town. The ff for this organization is developing a performance rating system. Also, the New River source Authority approved the addition of Montgomery County into the Authority. Those ;uments now need to go to the member jurisdictions. The Town, represented by the Town urger, is a member as an appointment of the County. The County will be reviewing this matter, behalf of all County and Town governments. ncilwoman Steger issued invitations for the following: Thursday, 9:00 a.m., will be the ribbon ing for Goodwill Industries; Friday, 9:00 a.m. the ribbon cutting for the new Sears store that opened; and Friday, 11:00 a.m. ground breaking for additional building at BBA Friction. ouncilman Stewart stated he was glad to read public notice that the Town would destroy two NUISANCES a ditional dilapidated buildings, 404 Northwood and 605 Maple. Town Attorney did not want ere to be any question that we have given proper notice to family members and wanted to publish n ' ces to give family members of deceased property owners the opportunity to come in before a 1 w suit is filed to tear the buildings down. ouncilwoman Steger stated it cost approximately $7,000 to take a house down and an additional $ ,000 to $7,000 to have it hauled away. Possibility of using the Fire Department to take houses d wn will be investigated by the Town Attorney. 8:33 p.m. Vice Mayor Schrader so moved that Council go into Executive Session, under 2.1- 3 4 A7 consult with legal counsel on contract negotiations on industrial wastewater; Al personnel after on specifically named individual; A7, consult with legal counsel on three matters -two AG loans Hoopes and Penn, and Chrisley potential litigation. Motion seconded by cilwoman Steger 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. -Aye Charles W. Stewart -Aye 9642 6 9643 Novgnber 19, 1996 Council returned to regular session and adopted Certification Resolution on motion made by Vice Mayor Schrader, seconded by Councilman Penn and carried on the following recorded vote: John A. Johnston -Aye Lane R. Penn -Aye Bettye H. Steger -Aye W. H. Schrader, Jr. -Aye I~AL MA'T'TERS W. Edgar Hale -Aye James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye Mayor Graham -Aye Vice Mayor Schrader so moved that Town Attorney be authorized to pursue three separate procedures or actions to enforce the Town's rights against Sergeant Hoopes in regard to a UDAG loan which he is not in compliance with the terms of the loan in regard to possible foreclosure; on the George Penn UDAG loan, Town Attorney be authorized to proceed to protect the Town's interest in the bankruptcy proceeding and in the Woody's Restaurarrt matter where the Town demolished Woody's Restaurant following a fire, that the cost of this demolition is now due and payable and Town Attorney authorized to enforce the Town's rights as needed in cooperation with the Finance Director as he has certain rights that he can avoid going to court in some instances. Also, since NationsBank is involved in the Hoopes matter, Town Attorney authorized to proceed jointly or s~arately, in the best interest of the Town and to pursue if possible, insurance procceds. Motion seconded by Councilman Penn and carried on the following recorded vote: John A. Johnston -Aye Lane R. Penn -Aye 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 Councilman Johnston advised that for a period of time, the Town had been trying to work out a Memorandum of Understanding with Magnox Pulaski, Incorporated on the acceptance in our Mp,Q~pg MII~JRANDtM system of industrial wastewater. Councilman Johnston so moved that Resolution No. 96-33 pF' iJND~SI'ANDIlVG Approving Memorandum of Understanding with Magnox Pulaski, Incorporated on Acceptance of Industrial Wastewater be adopted, seconded by Councilwoman Mitchell and carried on the IlVDi)SZiZIAL following recorded vote: WAST~ATER John A. Johnston -Aye Lane R. Penn -Aye 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 9:25 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councilman Penn and so carried. APPROVED: 0 Mayor Attest: ~~ ~~ ~~ Clerk of Council 1 0 7