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HomeMy WebLinkAbout11-21-959531 November 21, 1995 Minutes of the regular meeting of the Pulaski Town Council held November 21, 1995, 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, John W Stone, Bettye H. Steger, Roy H. D'Ardenne, Jr., W. Edgar Hale, Alma. H. Holston, E. G. Black, Jr. Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager Robert J. Lyons, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media NTike Williams Polly Mitchell Sarah Armes Roger Matherly Tim Monteith Meredith Cook Anthony Yoder Jack Warburton Theresa McNeil Charles D. Robinson II Christopher Sumner Valencia Johnson Ronald G. Vaughan Edward O. King Brook Eley Nathan Brown Barry Matherly David Warburton Herb Cooley The meeting was called to order by Mayor Graham. Councilman Black led the Pledge of Allegiance and Councilwoman Holston gave the Invocation. Following the roll call, Councilwoman Holston moved that the minutes of the regular meeting of October 17, 1995, be approved as submitted, seconded by Councilman Black and carried. RF~OLUTION Mayor Graham read Resolution No. 95-23 honoring Billy B. Smith, publisher of the Southwest BILLY ~I'II-I Times who is relocating to Dyersburg, Tennessee. Mr. Mike Williams, Managing Editor of the Southwest Times, accepted the Resolution in the absence of Mr. Smith. Councilman D'Ardenne so moved that Resolution No. 95-23 be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: John A. Johnston -Aye Roy H. D' Ardenne, Jr. -Aye John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Absent E. G. Black, Jr. -Aye Before Council was Resolution No. 95-22 Acc~ting the Use of Inmate Labor. Councilwoman pN Holston made a motion that Resolution No. 95-22 be adopted, seconded by Councilman Black and IlVMADE IABUR carried on the following recorded vote: John A. Johnston -Aye Roy H. D'Ardenne, Jr. -Aye John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Absent E. G. Black, Jr. -Aye Mr. Barry Matherly, Director of Economic Development, gave an update of the Board of Economic Development plan, including Existing Business Retention and Expansion, Business NovembPx 21, 1995 E~NCFIIC DEVEUJFMINT UPDATE Recruitment, Existing Business Recnutment, Tourism, Housing and Administration. Also, the projects they were are currently working on. Report covered overview of the past three months. Councilman Stone asked about the development of a tracking system relative to industry and new business, and Mr. Matherly will provide additional information to Council. Mayor Graham advised that next on the agenda was a public hearing to consider a request by Mrs. Edith Matherly, 617 Peppers Ferry Road, to close an undeveloped section of Webb Avenue adjacent to her property. This section extends 180 feet from Peppers Ferry Road in a northeasterly direction. There were no comments for or against this request. Public Operations Committee Chairwoman Holston advised that the Public Operations Committee recommended adoption of Ordinance No. 95-33 Closing of Undeveloped Portion of Webb Avenue p~~~ from Peppers Ferry Road Northeast 180 feet. Motion carried on the following recorded vote: street closing John A. Johnston -Aye Roy H. D'Ardenne, Jr. -Aye John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Absent E. G. Black, Jr. -Aye The second public hearing was a request by Mr. Gil Barker for aright-of--way encroachment on the north side of Hermosa Drive at Route 11. The right-of--way encroachment would allow the construction of a rock wa1160 feet long, 18 inches high and 24 inches deep to match the existing wall located on the south side of Hermosa Drive. Mr. Barker will obtain stone for this project from a private source. The Public Operations Committee recommended adoption of Ordinance No. 95-34 Allowing Right- of-Way Encroachment at Entrance of Draper Mountain Estates on the North Side of Hermosa Drive. Motion carried on the following recorded vote: ce 95--34 do pted John A. Johnston -Aye Roy H. D' Ardenne, Jr. -Aye ENCROACEN~QV~I' John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Absent E. G. Black, Jr. -Aye In hearing from the public, Mrs. Pauline Mitchell addressed Council regarding the condition of an ALLEY alley off Pinnacle Street. Mr. Arnold had complained to her that gravel washed out and gutters have nat been cleaned out. Mrs. Mitchell requester) that in order to get it paved, that the Town take it into the street system. Chairwoman Holston advised that the Public Operations Committee had viewer) this property and Public Works have put gravel down. The committee has tried to work out a solution to this problem. There are two residences served by this alley. Mr. Combiths will also review and bring back to the Public Operations Committee. Seniors Government students from Pulaski County High School were introduced to Town Council. Charles D. Robinson and Christopher C. Sumner addressed Council regarding the 1996 National Youth Leadership Forum. They hope to raise scholarships to attend this forum in Washington, DC. Suggestions were offered to the students as to methods of raising funding for their tuition. As there were no further commenrts from the public, Mayor Graham called for Council Committee Reports. UTILITIES COMMITTEE Chairman Johnston advised that the Utilities Committee and Finance Committee had met jointly on SEWER ~,~ November 16. The committees are looking at a revised sewer rate structure. At the last budget sessions, administration recommended a 10% sewer rate increase. At that time, this increase was not approved by Town Council. Budget cuts were made in the sewer system, however, it was not 9532 9533 Novanber 21, 1995 S1~ RAC enough for the sewer system to pay for itself. The Town was short in the sewer fund paying for Cont. itself and an appropriation of $50,000 from the general fund to support the sewer fiord was made. Chairman Johnston advised that a sewer fund study had been made, following the same guidelines as set up for the water study that was done by Ernest & Young in 1994. Chairman Johnston reported that the sewer rate is probably going to have to be increased. The final figures have not been decided. They are trying to equably spread the cost and expenditure around to the customers in terms of the way they use the sewer system, and trying to generate revenues to cover operating expenses and capital costs for our system. Chairman Johnston advised that further reports would be made to Council. FINANCE CONIlVIITTEE In the absence of Chairman Schrader, Mr. Combiths reported that the Finance Committee had met November 8 in executive session to discuss an economic development matter. Mr. Matherly advisers that the Art Train will be the headline entertainment for Depot Day, 1996. The event will be held June 20 to 24th. Funds have been budgeted for this everrt. The cost of the train is $5,000 and staff will be soliciting sponsorships to pay for the train in whole or in part. HUMAN RESOURCES CONIlVIlTTEE Chairman D'Ardenne advised that the Human Resources Committee had met October 25, meeting ~ first in executive session on a legal matter involving potential litigation related to the Bell claim. DEVIIIJI'MQ~fI' The committee also discussed the Board of Economic Development By-Laws. The Human ~ ~~ Resources Committee recommended approval of the Board of Economic Development By-Laws, App and so carried on the following recorded vote: John A. Johnston -Aye Roy H. D'Ardenne, Jr. -Aye John W. Stone -Abstain W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Absent E. G. Black, Jr. -Aye Chairman D'Ardenne advised that the Board of Economic Development had requested that a permanent position be established to assist the Director of Economic Development. It is proposed this position be a grade 7 with salary range $19,492 to $29,238. ORDINANCE Chairman D'Ardenne advised that the Human Resources Committee recommended adoption of 95-35 Ordinance No. 95-35 Amending the Position Classification Plan for the Town of Pulaski, Virginia. (Position Classification ~. Matherly advised that with this position, the department would still come under budget for ~~ this year. DIlVIED Mayor Graham advised that he had a problem with malting this a permanent position as he was concerned with where the money was coming from. The UDAG interest earned $22,099 through October 31, 1995, and this UDAG percentage will not pay for the Economic Development activities. Mayor Graham had written a letter on November 14, 1995 concerning the Economic Development Specialist which he requested be included in the minutes of these minutes. Council discussed this matter at length, with motion to adopt Ordinance No. 95-35 denied on the following recorded vote: John A. Johnston - No John W. Stone -Aye Bettye H. Steger -Aye W. H. Schrader, Jr. -Absent Roy H. D' Ardenne, Jr. -Aye W. Edgar Hale - No Alma H. Holston - No E. G. Black, Jr. - No Chairman D'Ardenne reported that the Human Resources Committee had also looked at a number of personnel policies. Nov~nbex 21, 1995 Chairman D'Ardenne advised that at the meeting on October 31, 1995, the committee entered executive session on a personnel matter. The committee further reviewed personnel policies. In each policy the term "Human Resources Officer" will replace "Personnel Officer". Chairman D'Ardenne advised that at the meeting of November 8, an executive session was held to discuss two legal matters involving personnel, and immediately before the Council Meeting, the committee met and again errtered irrto executive session to discuss specifically named individuals regarding the Finance position and again worked on the personnel policies. PUBLIC OPERATIONS CONIlVIlTTEE Chairwoman Holston reported that Public Operations Committee and the Ordinance Committee met November 9, 1995, and reviewed the drainage policy amendmeirts. The Town Attorney reviewed the changes being made in the policy. p~IN~ Ordinance Chairwoman Steger stated that the Ordinance Committees would recommend that No. 95-36 Ordinance No. 95-36 Amending Article to Commonwealth Chapter 15, The Town Code, DRAINAC-~ Provisions Dealing with the Construction of Curb, Gutter, Sidewalks, Driveways, Curb Cuts and ADOPTID Drainage be adopted. After discussion by Council, motion carried on the following recorded vote: John A. Johnston -Aye Roy H. D'Ardenne, Jr. -Aye John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Absent E. G. Black, Jr. -Aye )3F~L Chairwoman Holston advised that the Public Operations Committee discussed the BPOL Uniform Ordinance. The Ordinance Committee recommended approval of the model ordinance. This will be prepared for the December 5 meeting. Chairwoman Holston stated the Virginia Gas Company, Abington, VA, has requested an easement. FASII~'INI' Virginia Gas has planned to construct an 80 mile natural gas line between Saltville and Radford, Current layout of the line would require an easement from the Town to pass through the Gatewood Reservoir area (not the impoundment area) and a small portion of Loving Field area. A public hearing will be scheduled for the December 19, 1995, Council Meeting. Chairwoman Holston advised the committee had reviewed the drainage project request at 600 Newbem Road. Administration is still working on this project and a report will be brought back to Council at a later date. Chairwoman Holston stated the Public Operations Committee discussed parking, inmate program and staff is also monitoring the passenger rail study. A letter of support for our train station will be prepared. A public hearing was held November 16 in Roanoke regarding this proposed service. Mr. Combiths stated he had attended this hearing and information was exchanged. ~~,T Chairwoman Holston stated that the Town Engineer briefed the Public Operations Committee on the negotiations between the County, Forest Service and VDOT regarding Route 710. Under the right-of--way agreement, the Town will retain unhindered access to Gatewood Dam. Chairwoman Holston brought a complaint from Kermit Riggle on the condition of Martin Avenue as it is full of potholes. ORDINANCE CONIlVIlTTEE Chairvvoman's Steger report was given under the Public Operations Committee Report as the committees met jointly. MAYOR' S REPORT 9534 Mayor Graham reported that the committee for the train station and museum had a very helpful ~~~ meeting, meeting with VPI Architectural and Landscaping Department personnel. They are proceeding on developing a concert of the Dora Highway Park, and the Museum Annex. Legal 9535 November 21, 1995 RAII.ROAD work is needed as a portion of the land belongs to N&S. Meetings will also be held with the Chamber of Commerce and hopefully by Spring, to have something for Town Council to review. It is hoped they can get substantial private support as it cannot be developed with tax funds. TOWN ATTORNEY Mr. Terwilliger advised he had looked at the railroad lease and it has two different clauses that are Railroad of major concern; 1) any structure that the railroad feels interferes with their operation has to be removed in 30 days and 2) there is a determination clause that the lease can be canceled by either party with 30 days' notice. We want to get some sort of commitment from the railroad before we put an investment of capital improvements into that area. TOWN MANAGER' S REPORT ,y Mr. Combiths advised that the County-wide Emergency Medical Services Plan Interim Committee M®ICAL is initiating the formation of a 501 C Corporation that would be the permanent vehicle to move SERVICES Emergency Medical Services County-wide forward in the future and also they are putting together an educational campaign on how the new system will work, career people teaming up with volunteers. Also, they are reviewing third party billing, private insurance, Medicare, Medicaid and a membership fee. The Town Attorney has prepared an agreement for nuisance abatement for the property owner of NUISANCE Woody's Restaurant. Councilman Johnston made a motion that Thomas Combiths, Town ABAZ~r Manager, be authorized to sign agreement for nuisance abatement, seconded by Councilwoman Steger. AUIHORIZATI~1 Mr. Terwilliger stated that we will have a lien on the insurance proceeds for the cost of clean up and we will also have a lien on the real estate itself and we will file this in the Clerks Oi~ice of the Circuit Court and the authorization also gives us a partial assignment of the insurance proceeds to cover the cost of clean up and authorization, if necessary, to negotiate a partial release of the funds if we can do so from the insurance company. The other alternative if the property owner does not agree to these terms, which he has indicated in general that he agrees, it would give us the lien on the property and give us a lien on the insurance proceeds. In the absence in reaching an agreement, we would have to file a court suit to get court permission to enter the property to abate the nuisance. '~ ~~ Motion then carried on the following recorded vote: I~ISANCE John A. Johnston -Aye Roy H. D' Ardenne, Jr. -Aye A>3A'IBNQ~Tr John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Absent E. G. Black, Jr. -Aye Mr. Combiths advised that a public hearing is scheduled for December 5, 1995, to consider the closing of 1st Street, SE between Maple Street and Valley Street. ~ Councilman D'Ardenne asked the Director of Economic Development to discuss with the Board of ~ Directors and come back to Council with the impact of the decision that was made tonight not to approve the Economic Development Specialist. Mayor Graham requested that a total finance report, income as to how we will pay for this position as well as what we are spending. At 8:54 p.m. Councilman Hale made a motion that Council adjourn, seconded by Councilman Black and carried. Attest: Cl rk of Council APPROVED BY: A7ayor