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HomeMy WebLinkAbout12-03-96December 3, 1996 9644 Minutes of the regular meeting of the Pulaski Town Council held December 3, 1996, at 4:00 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, 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 James Reagan James V. Clark III Graham Fizer Seng Lui Ralph E. Clark Ronnie C. Huddle Michael E. Woolwine H. G. Largen James C. Knapp J. Edd Aust, Sr. J. E. Bell The meeting was called to order by Mayor Graham. Councilwoman Mitchell led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Following the roll call, Councilwoman Steger made a motion that the minutes of the regular meeting of November 19, 1996, be approved as submitted, seconded by Councilman Neblett and carried. Mayor Graham stated that first on the agenda was a public hearing regarding a request by H. T. ~~ Bowling, Inc. for the Town to relinquish any rights and claims to sanitary sewer easement through ~~ lots 12, 13 and 14, Block 2, of Bainbridge Subdivision. FOWLING EASIINE~VI'S Mr. Lyons reported that the Town no longer has any need for these easements and this will allow the owner more freedom in locating a structure on the lots. The Engineering Department has reviewed the existing utilities and future needs of the area and does not feel that the easement has any value to the Town. No one from the public spoke for or against this request. Councilman Neblett made a motion that Ordinance No. 96-36 Abandoning a Sewer Easement in Bainbridge Subdivision be adopted, seconded by Councilman Penn and carved on the following recorded vote: ORDINAL ~~ John A. Johnston -Aye W. Edgar Hale -Absent EASIl~I.S 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 Mayor Graham stated the second public hearing regarded a request from Renfro Corporation for a P[Jf$~IC right-of--way encroachment on Virginia Route 804 adjacent to Renfro Newbem Road Plant. HEAR-Q~iG IlVC~pACH. Mr. Lyons reported that Renfro is seeking aright-of--way encroachment for some existing RIIV1~R0 electrical lines and transformers that are currerrtly located on the property and covered under an easement by the American Electric Power Co. Renfro is interested in purchasing this from the power company to reduce their electrical cost and since this easement if not transferable to Renfro, it required aright-of--way encroachment. No one from the public spoke for or against this request. D~INANCE Councilwoman Steger made a motion that Ordinance No. 96-32 Allowing Right-of--Way - Encroachment by Renfro Corporation for Existing 34.5 KV Electrical Lines and Transformers on ~r32 Virginia Route 804 be adopted, seconded by Councilman Penn and carried on the following `adopted recorded vote: 9645 Dec~nber 3, 1996 John A. Johnston -Aye W. Edgar Hale -Absent 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 Mayor Graham advised the third public hearing was the annual taxi cab hearing. Public Mi'. Combiths stated that pursuant to Chapter 8, Article VII, Section 8-208, once a year a public Hearin hearing is held to determine the number of certificates that would be issued to public vehicles g including taxi cabs during the calendar year, 1997, and for the purpose of d~Prmining to which Annual Taxicabs persons such certificates shall be issued. Applications have been received from Blue and White Cabs, Inc. for 12 certificates and Jim Dandy Taxi Service for 12 certificates. The Police D~artment has done inspections of the facilities and with the exception of Jim Dandy Taxi Service, the inspections have been completed. Mr. Combiths further stated that Mr. Aust had stated he was not prepared to have his taxi cabs inspected. CEL~i~TCATES AWARDID ORDINANCE 9E~35 ADOPTID Mr. Combiths stated the certificates could be issued except conditioned upon the taxi cabs themselves passing inspection when Mr. Aust is ready for those to be inspected. Mr. Terwilliger stated the process tonight was a two step process. Process one is to determine the appropriate number of certificates to issue and the second step is to actually assign those certificates to specific companies. In addition to having the certificate for a certain number of vehicles, the actual vehicles also have to be inspected. The State legislation on taxi cabs has changed and the Ordinance Committee might want to look at doing a total overhaul of this awarding process for next year. Mr. Aust stated that he had taken his cabs off the road and was overhauling all cars and it should not be much longer before he could have his cars checked. He has seven cars. Councilwoman Steger made a motion that a total of 24 certificates be awarded; 12 certificates be assigned to Blue and White Cabs, Inc., and 12 certificates assigned to Jim Dandy Taxi Cab Service contingent upon Jim Dandy Taxi Cab Service vehicle inspections being completed prior to January 1, 1997. Motion seconded by Councilman Penn and carried on the following recorded vote: John A. Johnston -Aye W. Edgar Hale -Absent 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. Herman Largen, Blue 8t White Cabs, Inc., asked for a taxi cab rate increase. Mr. Terwilliger advised that Council could pass a rate increase so that it is a flat amount and Council could say it is a maximum amount, then Mr. Aust is free to ke:e~ it as low as he wants and Mr. Largen is free to keep it as low as he wants. Before Council was Ordinance No. 96-35 Awarding Certificates of Public Convenience and Necessity for Taxicab Operations for Cal~dar Year 1997. Councilman Neblett made a motion that Ordinance No. 96-35 be adopted, 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. -Absent W. Edgar Hale -Absant James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye TAXICAB ~~ Mr. Jim Knapp, business consultant working with Blue and White Cab, distributed a petition for IlVCRF~,SE taxicab rate increase, and addressed Council with reasoning as to why the rate increase should be Ep allowed. A public hearing will need to be scheduled on this request of taxicab rate increase. James V. Clark, III, Graham Fizer and Seng Lui, Government studerrts, were introduced to Council. As there were no further comments from the public, Mayor Graham called for Council Committee Reports. UTILITIES CONIlVIlTTEE: 2 1 i Decgnber 3, 1996 Chairman Johnston advised that problems had been experienced at the pump station on Dora PLIyP Highway and we had to bypass some sewer into the creek. This has now been fixed and is back STATION in service. Councilwoman Mitchell questioned if company putting equipment in had been contacted. Chairman Johnston reported that Peppers Ferry is responsible for the maintenance and they informed the Town is was broken. Mr. Maus will submit a report to us. Chairman Johnston also reported that the electricity shorted out and flooding was experienced. PUBLIC OPERATIONS CONIl~IlTTEE: Chairman Penn advised that a Public Operations Committee was held November 26, 1996. The committee entered executive session to discuss a legal matter regarding irrtergovernmental task force and an economic development matter involving a business location. ORDINANCE COMMITTEE: Chairwoman Steger advised that before Council was Ordinance No. 96-30 Amending Section 10- 80 of the Town Code Relating to Unauthorized Use of Parking Spaces Reserved for Persons With Disabilities. Chairwoman Steger so moved that Ordinance No. 96-30 be adopted, seconded by Councilman Penn and carried on the following recorded vote: ORDINANCE 96-30 John A. Johnston -Aye W. Edgar Hale -Absent Adopted Lane R. Penn -Aye James M. Neblett -Aye Disabilities Bettye H. Steger -Aye Pauline G. Mitchell - No ~~ W. H. Schrader, Jr. -Absent Charles W. Stewart -Aye Mr. Terwilliger reported that the Chief of Police does enforce this ordinance, Chairwoman Steger reported that before Council was Ordinance No. 96-34 Amending the Business, Professional, and Occupation License Tax to Incorporate Additional Uniform Provisions and so moved that Ordinance No. 96-34 be adopted, seconded by Councilman Stewart. Mr. Terwilliger clarified some of the changes made in this Ordinance. Motion then carried on the following recorded vote: ORDINANCE 9Cr34 John A. Johnston -Aye W. Edgar Hale -Absent ~~ Lane R. Penn -Aye James M. Neblett -Aye BILL Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Absent Charles W. Stewart -Aye Chairwoman Steger advised that Ordinance No. 96-33 Imposing Penalties for Excessive False Fire Alarms would next be considered. Mr. Combiths felt there had been a regular occurrence of false alarms from automated systems where a centralized operator would make a report to the Town. This would pertain to systems that are not in a good state of repair or have proper maintenance. Chairwoman Steger so moved that Ordinance No. 96-33 be adopted, seconded by Councilman Penn and carried on the following recorded vote: ORDINANCE 9Er33 ~Og~p John A. Johnston -Aye W. Edgar Hale -Absent FIRE Lane R. Penn -Aye James M. Neblett -Aye ALARMS Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Absent Charles W. Stewart -Aye FINANCE COMIVIITTEE: Chairman Schrader was absent. HUMAN RESOURCES COMNIlTTEE: Chairman Hale was absent. JOYCE T~'f T' Ms. Joyce Bell made inquiry as to completion date and distribution date of employee policy R~ handbook. Mr. Combiths advised that we have been working on rules and regulations and this is ~,~TTONg an ongoing project. Mr. Terwilliger is working on getting the next series of policies to the Human Resource Committee. 964b ~~~~~ MAYOR'S CONIl~IlTTEE: 9647 December 2, 1996 ~ Mayor Graham presented the Certificate of Achievement for Excellence in Financial Reporting to ~,. Finance Department employees Wade Bartlett, Anita Taylor, Carolyn Bowman, Susan Sutherland, Terry Murray and Kim Burchett. This is the 7 year that the Finance Department has received this award. Mayor Graham advised that the next Irrtergovernmental Meeting would be hosted by the Town on January 30, 1997. Council Members were requested to submit any items that they would like to discuss to the Town Manager. Mayor Graham reported that hopefully Council can talk with Congressman Bo Trumbo and Representative Tommy Baker tentatively for December 17 regarding upcoming legislative issues. BICI,Q~ Mayor Graham referred to the Ordinance Committee two requests he had received concerning the ~ ORD_ use of bicycles, particularly after dark as vehicles are being scratched. Mr. Terwilliger is to check ~ on the state statutes and provide information for Council. ~~~ Mr. Combiths reported that the Town had received a letter from Mr. Dave Ratcliffe with Alliarrt ~~ Technologies, Radford Army Ammunition Plant. The Virginia Department of Corrections, FAQI~TY Juvenile Justice, is submitting proposals from companies in the State to locate two juvenile rehabilitation facilities, Boot Camps, one in western Virginia, and one in eastern Virginia. The Town has been asked to support them in their bid to propose a site, within the Arsenal facility. These facilities can accommodate 80 beds for juvenile rehabilitation, from ages 12-18. The average stay is about 60 days and with a staff of about 33 people, three of which are teachers. The Board of Supervisors had no objections to this endeavor. Councilwoman Steger advised that they were trying to put these boot camps all across the state as well as other states. This will help the overcrowding of the prisons and it will be a better atmosphere for the young people. Councilman Neblett made a motion that the Mayor be authorized to write a letter of support, seconded by Councilman Penn and carried. TOWN ATTORNEY'S REPORT: Mr. Terwilliger had no report. TOWN MANAGER'S REPORT: Mr. Combiths gave a projects update. Mr. Combiths advised that the State Library would be microfilming some of the Town's important records. Mr. Loftier, owner of property on the north side of the railroad tracks just east of Magnox off VOLIJI~TI'ARY Commerce Street, is requesting a voluntary annexation. The Courrty Board of Supervisors have ~~ heard this request. Mr. Terwilliger advised that under our annexation agreement the Town would not be able to do anything as far as assisting the property owner if the County opposed it, but it would need County approval. If they are agreeable, one way of doing it would be a boundary line adjustment as opposed to any type of annexation. More information will be provided to Council by the Town Manager. Councilman Steward inquired if we had had a recent update on the nuisance notification chart. Mr. Combiths reported that the Town Engineer was working on his update and he will get something out to Council by the next Council Meeting. At 5:17 p.m. Council entered into Executive Session under 2.1-344 A3 Acquisition of Real estate for public purpose for which site has not been disclosed, on motion made by Councilman Neblett, seconded by Councilwoman Mitchell and carried on the following recorded vale: John A. Johnston -Aye Lane R. Penn -Aye Bettye H. Steger -Aye W. H. Schrader, Jr. -Absent W. EdgarHale -Absent James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye ~~ ~L~ 4 Decanter 3, 1996 At 5:35 p.m. Council returned to regular session and adopted Certification Resolution on motion made by Councilwoman Steger, seconded by Councilman Stewart and carried on the following recorded vote: ~I John A. Johnston -Aye Lane R. Penn -Aye Bettye H. Steger -Aye W. H. Schrader, Jr. -Absent W. Edgar Hale -Absent 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 Penn and carried. ATTEST: CLE K OF COUNCIL APPROVED: 9648 ~~ MAYOR 5