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HomeMy WebLinkAbout05-03-88836~L May 3, 1988 Minutes of the regular meeting of the. Pulaski Town Council held May 3, 1988, at 4:00 p.m. in the. Council Chambers in the. Municipal Building. There .were present: .Mayor .Gary C. .Hancock, presiding Councilmembers: John. A. Johnston, Robert N. Glenn, Andrew L. Graham, .James R. .Neighbors, W. H. Schrader, Ira S. Crawford, Mary Lou Copenhaver Also Present: Frank .Terwilliger, Town Attorney .Daniel E. McKeever, Town Manager Anne Burgess, Assistant Town .Manager Ruth A. .Harrell, Clerk Visitors: .Dee Lindsey, .Jessica Clarke, .Betsey Thomas of the .news is Bob .Wallace Chuck .Hall Doug Phelps Tom Pullen .Nancy Bowman Phil .Sadler .Margaret Hickman .Sam .Campbell Andy McCready The. invocation was 'given by Vice-Mayor Neighbors. Minutes of •.the Aprii 19, 1988, meeC;ing were approved as submitted. on moton.,made by~Coun~lperson Copenhaver, seconded by Councilman Schrader and .carried. Mr. Bob .Wallace addressed Council with the complaint that a letter .had been Central business District sent to him advising he .was selling work shoes from the_back of his truck (Bob's Industrial Shoe Division) while .parked on .Main Street and this practice .was in opposition of Town Code under 16.1-311. Mr. .Wallace felt he was being discriminated against as Snap On Tools and others .made .sales on the street from trucks. His actual sales are originated and .made in his store and he had purchased a business license. He requested that Town Manager rescind his letter. Mr. Terwilliger stated the Town Council .has the right to regulate .carrying on business on the. street. It is not simply a question of .parking on the street, it is a question of carrying on business on the street whether a sale is consumated there or not consumated the The ordinance that we .have on the. books appear to .regulate it. The section that is cited in the letter is just one of the sections that appears to be appropriate in this .case. The 16.1-311, as .set forth in the letter, you .can't .carry it on unless it is appropriate licensed. There is a business license issued to .carry on business at the shoe store and that, like any other business license in the Town, does not specifically give him or anyone else the right to .carry on business on the streets. The more direct ordinance that is involved in this is the itinerate vendor ordinance that .was passed several years ago. This ordinance specifically states that it applies both to .persons who do not .keep a regular place of business and also to persons who .keep a regular place of business but also .carry on business outside that .regular place of business. You .can discriminate in an ordinance against trucks from out of Town, .people who .sell merchandise off a truck .because they are from out of town and .people who .sell merchandise from a truck because they are town residents. The tin~erate''vendor ordinance now appears to cover this activity which would .require a separate license from the shoe store license. It states, not just .sell, but offer for .sale. If someone else is .selling off the street from a truck, they too will also need a license. After discussion, Councilman Glenn so moved this .matter be referred to the Public .Relations Committee and the Ordinance Committee who will meet with Town Attorney, seconded by Councilman Crawford and .carried. May 3, 1988 8363 CHAMBER OF Mr. Tom Pullen, Vice President of the. Pulaski County Chamber of Commerce COMMERCE addressed Council with the .request for additional funding from the. Town as they felt .many of their programs-were important to economic .development. They were requesting 25G per .capita from the. Town of Pulaski, Town of Dublin and County of Pulaski, annually. This .request will be reviewed by Council at their budget work sessions.Mr. Sam .Campbell, represent .Margaret Hickman, owner of property SEWER on Prince Avenue addressed Council with the complaint that the. recently installed sewer line to Mrs. Hickman's property .had .washed .away during a recent storm. It .was their .feeling that this house .was overlooked when the .sewer .was originally installed and .had it .been installed at that time, a better route could .have been .taken and this problem averted. At the present time, no .water or sewer service is available. They .have contacted contractors who install .septic systems and they cannot put septic in on this location .because of the terrain and the .lack of space. Mrs. Hickman .paid a deposit of $550 and balance of $282 .was to be billed to her. Mr. McKeever stated that .major problem in installing line .was that house .sat below the elevation of the .sewer lines. The .sewer lines .were installed in the. right. of .way and Mrs. Hickman's property is not on the right of .way. Original request for .sewer .was .denied as it .was not cost effective. It would .have required a pump to pump it up to the road, but Council .gave direction that we were to try to work with Mrs. Hickman to install this dine and another route .was used by following .natural contours of the property. A connection fee was not charged but 1,000 feet of line .had to be purchased and Mrs. Hickman agreed to share 50~ of the cost of .materials. The line .was inspected by the Town and .was installed according to .Health .Department regulations. The heavy rains did .wash these lines out. Councilman Johnston .made a motion that the Town replace the .sewer line to Mrs. Hickman's property and Mrs. Hickman is to pay the .balance due to the Town of $282.00. Motion .seconded by Councilman Graham. Mr. Crawford .made a substitute motion to .table this .matter until the Engineering Department has looked at to .determine what our problems are.. Motion seconded by Schrader and .carried on the following recorded vote: John. A. Johnston - No .James R. Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - No Ira S. Crawford - Aye .James M. Neblett - Absent .Mary Lou Copenhaver -Aye Councilman Crawford so moved this .matter be placed in the Utility Committee for review at our .next Council .meeting, .seconded by Councilman Glenn ands carried. Mr. Phil .Sadler presented a petition to Council containing over 300 signatures requesting Council to reinstate Police foot .patrol in the downtown area. They POLICE felt this was very important to the. downtown area in that it would give the Police D Department higher visibility; prevent loitering on the street; cultivate friendships with .merchants; create good public relations and fit into the revitalization program for downtown. Councilman Glenn .made a motion this .matter be considered under the. budget while work :sessions are .being .held, .seconded by Councilman Crawford and .carried. Mr. Chuck Hall. .candidate for Mayor, addressed Council stating he .had opened a store on .Main Street and expressed concern over the .Main Street Program. He MAIN also expressed concern over the contamination problems we have in .Peak Creek. STREET Mr. .Hall was informed that the State .Water Control Board and the Environmental Protection Agency are the agencies primarily responsible for the creek. They are the enforcers of any contamination to the creek. Mr. .Hall .was invited to 8364 May 3, 1988 .meet with the. Town. Engineer who typically works with the .Water Control Board and Environmental Protection Agency. As there .were no further comments from the public, .Mayor Hancock called for Council Committee .Reports. Chairman Johnston stated he had no additional information from .Peppers Ferry to offer Council as they .had not met as yet. He did state the. Utilities Committee had met on April 26, 1988, and recommended that Council approve putting in anew line to .serve the. Appalachian Power substation. Long-Airdox utilizes this line also. The manhole would be repaired and Appalachian Power would .pay $2,167. Chairman Johnston .made a motion that the. Town accept .payment from APCo of $2,167 and put the line in. seconded by Councilman Crawford and .carried on the UTILITIES COMMITTEE following .recorded vote: John. A. Johnston - Aye .James R. .Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - Abstain Ira S. Crawford - Aye James M. Neblett - Absent .Mary Lou Copenhaver -Aye Chanmian Johnston. advised the committee had reviewed the Utility Service Area. .ANNEXATION Prior to annexation, we .had an agreement with the. County that the Town would .serve water and .sewer in an area one mile beyond the boundary line of the Town.Since the. annexation, we are trying to .determine what our obligation should be. It was felt a formal agreement would be .needed with the County to .serve one mile from boundary and projects would need to be cost effective to the. Town. A map would also .need to be adopted. Committee .felt the Town should .have a service area as long as contract stated that the Town .had the right to ref use .service. Mr. McKeever suggested .sending .map to County for their .review and comment. This .matter is to be .reviewed during one of the. budget work sessions. Chairman Johnston advised that we .had a request from PSA to connect a sewer PEPPERS FERRY 1 line .near the. intersection of Rt. 11 and Rt. 617 to the .Peppers Ferry System. Committee .felt we should write Peppers Ferry reserving the right to look at connections. Mr. McKeever advised that Public Service Authority .had been contacted to obtain present flow level and anticipated flow .levels. This will be brought .back to committee. Chairman Johnston advised the. committee .had discussed landfill fees. Mr. McKeever stated the landfill was only open to construction .debris. Fees are charged to offset the cost of covering this .material. Mr. McKeever is to bring a report ILL .back to Council at their .next .meeting as to what ordinance states can be brought to the landfill. Chairman Johnston stated that .Mayor .Hancock would appoint a Transportation Committee as the highway .department is finalizing their Six Year Plan. Resolutions were presented asking for funding to do the. Commerce Street Bridge and the Pinnacle Street Crossing. Chairman Johnston so moved that reading of the resolution be waived regarding the Pinnacle Street .Railroad Crossing, .seconded by Councilman .Neighbors and .carried. ILROAD Chairman Johnston so moved that resolution be adopted, seconded by Councilman Neighbors and .carried on the following .recorded vote: John. A. Johnston - Aye .James R. .Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - Aye Ira S. Crawford - Aye James M. Neblett - Absent .Mary Lou Copenhaver -Aye RESOLUTION AUTHORIZING STATE HIGHWAY AND TRANSPORTATION COMMISS ION TO ACQUIRE RIGHTS OF WAY WHEREAS, .Section 33.1-89 of the. Code of Virginia, as amended by the. 1970 Session of the. General Assembly,. authorizes the State Highway and Transportation Commission to acquire rights of .way for construction, reconstruction, alteration, May 3, 1988 8365 .maintenance and .repair of public highways within municipalities on projects which are constructed with State or .Federal ,participation; and, WHEREAS, .Section 33.1-89, as amended, further provides that the State Highway and Transportation Commissioner .may exercise such authority only upon .receipt of official xequest from the. city or town involved; and, THEREFORE, BE IT RESOLVED that the. Town Council of the Town of Pulaski, Virginia, hereby requests the. State Highway and Transportation Commissioner to acquire the necessary rights of .way for Project: "P~nnacle Street .Railroad Crossing", within the Corporate Limits of .said Town and to convey the. title to such right of .way to the. Town of Pulaski, Virginia,. and agrees to reimburse the Virginia Department of Highways and Transportation for five percent (5~) of all costs incurred in the. acquisition and conveyance of such rights of .way; and it is understood that such acquisitions will be .handled by the. Commissioner under established policies and procedures and his .decision in all instances will be final. This .Resolution is adopted this 3rd .day of .May, 1988 Chairman Johnston so moved that reading of the resolution be .waived .regarding the Commerce Street Bridge .Replacement, .seconded by Councilman .Neighbors and .carried. Chairman Johnston .made a motion that resolution pertaining to .the. Commerce Street Bridge Replacement be adopted, .seconded by Councilman Glenn aid .carried on the following .recorded vote: John A.Johnston - Aye Robert N. Glenn - Aye Andrew L. Graham - Aye James M. Neblett - Absent .James R. Neighbors - Aye W. H. Schrader - Aye Ira S. Crawford - Aye .Mary Lou Copenhaver -Aye RESOLUTION COMMERCE ST. RESOLUTION BRIDGE AUTHORIZING STATE HIGHWAY AND TRANSPORTATION COMMISSIONER TO ACQUIRE RIGHTS OF WAY WHEREAS, Section 33.1-89 of the. Code of Virginia, as amended by the 1970 Session of the. General Assembly, authorizes the State Highway and Transportation Commissioner to acquire rights of .way for construction, reconstruction, alteration .maintenance and .repair of public highways within municipalities on projects which are constructed with State or .Federal .participation; and, WHEREAS, Section 33.1-89, as amended, further provides that the State Highway and Transportation Commissioner .may exercise such authority only upon .receipt of official .request from'the city or town involved, and, THEREFORE, BE IT RESOLVED, that the. Town Council of the Town of Pulaski, Virginia, hereby .requests the. State Highway and Transportation Commissioner to acquire the necessary rights of .way for Project: "Commerce Street Bridge .Replacement" within the Corporate Limits of said Town and to convey the title to such right of way to the Town of Pulaski, Virginia,. and agrees to reimburse the Virginia Department of Highways and Transportation for five percent (5~) of all costs incurred in the acquisition and conveyance of such rights of way; and it is under- stood that such acquisitions will be .handled by the. Commissioner under established policies and procedures and his .decision in all instances will be final. This Resolution is adopted this 3rd .day of .May, 1988, by the Town Council of the Town of Pulaski, Virginia. ~~.The Town would pay 5~ of thh:cost for these two projects. The Utilities Committee reviewed water treatment plant and the fact that the .new distribution line from the. plant to the .Bertha .Street .tank would require that we cross N & S property. They .have .sent us a license to bore and occupy RAIL heir property for $100 annual rent and there will be a $200 initial fee. Councilman ROADNeighbors so moved that .Mayor .Hancock be authorized to sign agreement with N & S seconded by Councilman Glenn and .carried on the following .recorded vote: John A. Johnston - Aye .James R. Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - No Ira S. Crawford - Aye James M. .Neblett - Absent .Mary Lou Copenhaver -Absent from Seat Councilman Graham stated the Town is not a member of the New River Resource Authority but we are .paying the Executive Director of Peppers Ferry who also directs 8366 .May 3, 1988 the NRRA. He felt we were .paying double and recommended this be turned over to the. Finance Committee, Town Attorney and Town .Manager to bring in a report. Councilman Crawford shared Mr. Graham's concern and stated this issue had been addressed. Mr. Crawford felt it should be resolved by the next Peppers Ferry meeting. PUBLIC & PERSONNEL .RELATIONS, NOMINATING COMMITTEE Chairman Neblett absent. PUBLIC OPERATIONS COMMITTEE Chairman .Neighbors .had no .report. FINANCE COMMITTEE Chairman Crawford advised the. Finance Committee .met on April 26, 1988. They discussed computer aided drafting for the Engineering Department. $9,500 is included in the. budget. ENGINEERING Chairman Crawford moved that the. $9,500. be approved for expenditure, seconded DEPT. by Councilman Glenn and .carried on the. following recorded vote: John A. Johnston - Aye .James R. Neighbors - Aye Robert N. Glenn - Aye. W. H. Schrader - Aye Andrew L. Graham - Aye Ira S. Crawford - Aye .James M. Neblett - Absent .Mary Lou Copenhaver -Aye Chairman Crawford advised that the air conditioning unit in the municipal building is in .replacement as it is beyond repair. The. Finance Committee recommended MUNICIPA end Chairman Crawfbrd sb movbd that specs :be prepared .and tlxis project be pups BLDG. AIR out fio~.bid, seaon8ed by Councilman Neighbors and .carried on the following recorded.. COND. vote: John. A. Johnston Robert N. Glenn Andrew L. Graham .James M. .Neblett Chairman Crawford stated - Aye .James R. .Neighbors - Aye W. H. Schrader - Aye Ira S. Crawford - Absent .Mary Lou Copenhaver the. Town is eligible for litter co - Aye - Aye - Aye - Aye ~trol grant in LITTER the. amount of $1,766. The Clean Community Council's funds .have been reduced and CONTROL it .was recommended., by resolution, that some of this money be .sent to them. We had suggested that money be used to pay overtime for police officers to observe high litter area but the Clean Community Council .wants to come to us and perform litter .awareness training for the officers. It .was .felt that through training, officers could recognize that it is part of their responsibility and we .can go on .record as being tough on litter. A resolution will .have to be adopted to transfer funds to the County. Chairman Crawford .requested that the Ordinance Committee check code for action on trash .being piled up on sidewalks outside of businesses, as he understands they .have 30 .days to .take corrective action. He also .felt we should .take a look at our. ordinance pertaining to underage kids being out late at night as he felt this .was a problem. Chairman Crawford stated Council should study budget and they should also schedule meetings with .department heads. Council .had previously requested that .each department reduce their budget by 5~. ORDINANCE COMMITTEE Chairperson Copenhaver .had no .report. MAYOR'S REPORT .Mayor .Hancock advised that .Jake Blevins .had questioned the status of .paving Dora:~.Highway. This project is scheduled to begin next week. Mr. Blevins also questioned the. bid price on cleaning the creek. He requested that a separate bid be requested on .removing the slag pile near his property and Council .was in agreement to do this. Mayor .Hancock advised we are working with N & S trying to makemore personal May 3, 1988 8367 contact in asking them to donate the station to the Town. RECREATION .Mayor Hancock also stated the .Wayside .Park (on top of Draper Mountain and owned by the. Highway .Department) is a beautiful recreation area, however, there are no trash .cans nor any .maintenance .being done. He is getting information together and possibly our :delegate and .senator .can be appraoched to .see if the. State will .help in .restoring the .Park. TOWN ATTORNEY'S REPORT Mr. .Terwilliger .had no .report TOWN MANAGER'S REPORT Mr. McKeever advised that some of the. issues .had been .resolved .with the Department of Health and .Water Control Board concerning the .water plant expansion. We .have FILTERbeen permitted to go out to bid on contact 1 which is the .raw .water pump station PLANT .repairs and contact 3 which is the replacement of 6,600 ft. of line. Bids are due f.or opening on .May 26 at 2:00 p.m. in the Town .Manager's office. If we .were to get to extreme drought conditions, we would .have to adjust the flow out of the dams or institute some conservation .methods. We should be under construction by June 21st. Mr. McKeever .had distributed correspondence from the. Division of Historic .Landmarks concerning the $60,000 grant for repairs to the. Pulaski .Passenger Station. N&W These funds should be spent prior to June 30, 1989. The funding .requires a 50~ STATION .match in .cash or donated goods and services. This should be reviewed during Budget Work .Sessions. Mr. McKeever stated the Town .had received a check in the amount of $8,123.10 from Norfolk Southern for expenses incurred during the chemical spill on December 15, 1987. Mr. McKeever presented a resolution modifying the urban boundary, functional classification/federal-aid system of streets and highways. Councilman .Neighbors so moved to .waive reading of tt resolution, seconded by Councilman Crawford and .carried. Councilman .Neighbors .made a motion that resolution be adopted, seconded by Councilman Glenn and .carried on the following .recorded vote: John. A. Johnston - Aye .James R. .Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - Aye Ira S. Crawford - Aye RESOLUTION James M. Neblett - Absent .Mary Lou Copenhaver - Aye STREETS/Highways RESOLUTION MODIFYING THE URBAN BOUNDARY, FUNCTIONAL CLASSIFICATION/FEDERAL-AID SYSTEM OF STREETS AND HIGHWAYS WHEREAS, due to the. recent annexation of the Town of Pulaski, certain modifications are .required in the. Functional Classif ication and .Federal-Aid System so that highway planning and expenditures .can be done in an experitious manner; NOW, THEREFORE, be it RESOLVED by the Town Council of the. Town of Pulaski, Virginia, sitting in .regular .session on May 3, 1988, that: 1. The new corporate limites of the. town of Pulaski, Virginia, as set forth in the. annexation effective .January 1, 1988, be and are adopted as the 1990 Urban Area Boundary;. and, 2. That portion of Route 11 (Lee Highway).falling within the annexed area is added to the Functional Classif ication System as an Other Urban Principal Arterial and to the Federal-Aid System as a Federal-aid Primary route; and, 3. That portion of Route 99 (main Street) falling within the annexed area is added to the. Functional Classification System as an Other Urban Principal Arterial and to the Federal-air System as a Federal-Air Primary Route;. and, 4. That portion of Dora Highway (Route 699) falling within the annexed area is added to the. Functional Classification System as a Minor Arterial and to the Federal-aid system as a Federal-aid Urban Route; and 5. That portion of Peppers Ferry Road from Memorial Drive to Lee Highway .falling within the annexed area is added to the Functional Classification System as a Minor Arterial and to the. Federal-aid System as a Federal-air Urban route; and, 8368 .May 3, 1988 6. That portion of Bob White Boulevard (Route 611) from the. old NCL to the new NCL is added to the Functional Classification System as a collector and to the Federal-aid System as a Federal-air Urban Route, and from Route 99 to the. old SCL is added to the. Functional Classification System as a Minor Arterial and to the Federal-aid System as a Federal-aid Urban route. This Resolution is effective upon adoption. and is adopted this 3rd .day of .May, 1988, by xecorded vote of the. Town Council. Mr. McKeeveradvised that .Heritage Buick will be constructing a fence in the .very .near future. It .was Council's understanding that an attractive .barrier of trees would be planted. TAXES Mr. McKeever advised that Council .had discussed .waiving .payment of decals .decal for the New River .Rescue Squad and this would affect six .persons. There are five persons from the. Two non the Pulaski Rescue Squad. Councilman Glenn .made a motion that .payment for .decal be .waived for New River .Valley Rescue Squad and those members of the Pulaski County Rescue Squad that live in the corporate limits of the Town of Pulaski with listing to be .reviewed annually. Motion .seconded by Councilman Neighbors and .carried on the following .recorded vote: John. A. Johnston - Aye .James R. .Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - Aye Ira S. Crawford - Aye .James M. Neblett - Absent .Mary Lou Copenhaver -Aye Mr. McKeever distributed the. 1988/89 Resource Allocation Plan. A schedule BUDGET of work sessions .was also distributed. Plan .was prepared without a tax increase DISTRIBUTED or service .fee increase. Mr. McKeever briefly outlined major topics in the plan. At 6:45 p.m. Councilman .Neighbors .made a motion to adjourn, seconded by Councilman Schrader and .carried. APPROVED: ~' .Mayor ATTESZt. Clerk of Council