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Home My WebLink About09-16-97September 16, 1997 Minutes of the regular meeting of the Pulaski Town Council held September 16, 1997, 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor John A. Johnston, presiding Council Members: James M. Neblett, Lane R. Penn, Bettye H. Steger, Charles W. Stewart, W. Edgar Hale, Joseph L. Weddle, Pauline G. Mitchell, Gerald E. Bolen Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager David N. Quesenberry, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: J. R. Schrader and Paul Dellinger, News Media Officer Amy Prescott i. The meeting was called to order by Mayor Johnston. Councilman Hale led the Pledge of Allegiance and Vice Mayor Steger gave the Invocation. Following the roll call, Councilman Penn made a motion that the minutes of the regular meeting of September 2, 1997, be approved as submitted, seconded by Councilman Weddle and carried. There being no comments from the public, Mayor Johnston called for Council Committee Reports. Chairman Neblett advised the Utilities Committee will meet Thursday, September 18, 4:00 p.m. Chairman Penn had no report. p~~~ Chairwoman Steger reported that she had met with the Town Attorney regarding concerns that ~ Council Members had asked them to review. Information regarding cats is being gathered and she has talked with Major Mike Alderman, County animal control officer, who offered suggestions for cat control. The County has also obtained listing of people with water bills to track trash problem through water/sewer bills. Chairwoman Steger advised they had discussed the yard sale signs, on-going sales, etc. Mr. Terwilliger stated that effective December 1st, a statute will go into effect that gives the Counties the right to control animals other than dogs or cats in a broad basis, and the Towns to control animals at large. It appears to be very broad power including dogs and cats. In reviewing the trash article, we redid Chapter 7 of the Town Code last year. One of the changes allows the Town to place liens in the same manner as taxes. There is also an Attorney General opinion that recognizes the inherent authority under the police powers of the localities to do so. As PSA does the collecting they have certain rights along the same lines. Regarding the yard sales, exemptions we have are not for people who buy things for resale. When people buy things with the express purpose of reselling it, they are conducting a business and they would be subject to our BPOL tax. It is only when people are selling their own used goods or in combination with a group of people selling used goods, then it is a true yard sale. It will be a difficult thing to prove if anybody is buying things for resale. Mr. Terwilliger will furnish Council Members a memo with further information regarding yard sales. With regard to rental property inspection, rental people have the right to have building inspected. Roanoke is putting a program in place for inspection of property when it is relet between tenants. Mr. Terwilliger will obtain more information on this. 9726 9727 Septgnber 16, 1997 Vice Mayor Steger advised that the Crime Control committee met last week. They will have a booth at Count Pulaski Day and a "Back to School Bash" was held. Vice Mayor Steger advised that Sheldon Ainsworth had reported that 99% of their drug cases were prosecuted. Vice Mayor Steger stated she had a request to place signs at places where people normally go and dump couches, etc., stating "please don't dump here -dump site is at Dora Highway". She did not know if we have the authority to do this at County sites. Perhaps we could get the County to help us. Also, we were complimented on the repairs on the Gatewood Road. Chairman Stewart reported that the Finance Committee met at 5:00 p.m. prior to the Council Industrial Meeting. Two executive sessions were held regarding acquisition of property for public use, and Park additionally they discussed. setting standards for the new Industrial Park. Administration has been asked to bring in a concrete proposal regarding the standards for the park for the October 7th meeting. A Finance Committee meeting was requested prior to the Council meeting to discuss these standards. Chairman Hale reported that the Human Resources Committee met at 6:00 p.m. prior to the Council Meeting in executive session, under 2.1-344 A1, personnel matter regarding a specific named individual. Councilman Stewart advised the Planning Commission met on September 8 and reviewed three PLANNITiG cases: (1) Planning Commission Case 97-75SUB - an application from Lucas Construction and OCNNffSSION Development Inc. to subdivide five lots into nine lots for commercial development. Council had previously vacated this subdivision and a motion to approve the request was passed by the commission. (2) Planning Commission Case No. 97-77SUB -request from Pulaski Properties, L.L.C., F. Earl Frith, Agent, for a subdivision of 3.35 acres from the Allison Estate on Peppers Ferry Road to build a residence on this site. Motion granting the subdivision passed. (3) Planning Case No. 97-78CU and Case No. 97-79CU, applications from All American Auction Gallery, Tom and Bonnie Bowen owners, for conditional use permits to conduct auctions at their temporary and permanent locations at the Old Martins Pharmacy and 80 West Main Street. The commission recommended approval of both conditional uses and referred the matter back to Council for a September 29th'public hearing. Councilman Stewart made a motion that Planning Commission Case No. 97-81RZ, a request from the Town to rezone 88.1 acres at the south end of Wurno Road from RR (Rural Residential) to M-2 (General Industrial District) be referred to the Planning Commission. This property is owned by the Town of Pulaski and will be used for an industrial park. Motion seconded by Councilman Penn and carried. Councilman Stewart made a motion that Planning Commission Case No. 97-82CU, a request from EOS Corporation, David D. Sauders-Agent, for a conditional use permit to conduct flea markets at Swan's Flea Market and Putt-Putt, 1470 Bob White Boulevard be referred to the Planning Commission. This property is owned by EOS Corp. and is 2.5 acres in area and zoned B-2. Motion seconded by Councilman Penn and carried. MAYOR'S REPORT: Mayor Johnston advised that Peppers Ferry had met last week. The Town Engineer, John PII'PIl2S Hawley, made a report bringing the Peppers Ferry Board up to date on our I&I and what had. 1~~Y been done. In August, we had 1,400,000 gallons, lowest that we have ever sent to Peppers Ferry. The Board was complimentary to the Town on their work on I&I. Mayor Johnston reminded Council there would be a special Council meeting on September 29 to hold public hearings on the All American Auction Gallery conditional use requests. Mayor Johnston also reminded Council that the Intergovernmental Meeting would be held September 29, 7:00 p.m., in Dublin and Council was asked to forward any items for the agenda. 0 1 2 Septanber 16, 19x7 97.8 1 TOWN ATTORNEY'S REPORT: Mr. Terwilliger reported he had before Council some proposed Personnel Policies. Council was asked to review these policies and suggested that Human Resources have a brief meeting to see if there are any proposed changes and then have them ready for adoption at the next meeting of Council. TOWN MANAGER'S REPORT: Mr. Combiths suggested that the October 21 meeting be changed as Council Members will be at the VML Conference. Mr. Combiths reported that the Rt. 99 widening project has been approved by the State. We are probably looking at a couple of years before we see ground broken on this project. Mr.Combiths advised that the State has awarded the contract on the bridge projects but a date is not available yet for c~struction. The bridge will be closed completely, but pedestrian traffic will be allowed. Councilman Penn asked that Engineering look at the traffic that leaves Pulaski Furniture, going up Madison making a right on 5th Street as this turn is hard to negotiate. At 7:30 p.m. Council entered executive session under 2.1-344 (A3) one matter, land acquisition for public use; (A7) consult with legal counsel regarding baseball negotiations and (A1) personnel matters regarding five specifically named individuals on motion made by Councilman Hale, seeded by Councilman Neblett and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye At 8:12 p.m. Council returned to regular session and adopted Certification Resolution on motion made by Councilman Weddle, seconded by Councilman Hale and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Aye Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye At 8:14 p.m. Council adjourned on motion made by Councilman Neblett, seconded by Councilman Penn and carried. Attest: ~r ~ ~z~ erk of Cou ncil 3