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Home My WebLink About05-02-898530 May 2, 1989 Minutes of the regular meeting of the Pulaski Town Council held May 2, 1989, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: James M. Neblett, J. R. Schrader, Jr., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Ira S. Crawford Also Present: Frank Terwilliger, Town Attorney Daniel E. McKeever, Town Manager Anne Burgess, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey, Bob Thomas, Rick Lindquist - of the news media Tom McCarthy Jim Griffith, C & P Telephone Co. Mr. Price, Adelphia Communication Corp. Ms. Sexton, Adelphia Communication Corp. J. B. Warner Claud Kirkland The invocation was given by Vice Mayor Neighbors. C & P TELEPHONE CABLE TV FRANCHISE TRANSFER On motion made by Councilman Neblett, seconded by Councilperson Holston and carried, the minutes of the regular meeting of April 18, 1989, were approved as recorded. Mr. Jim Griffith, C & P Telephone Co., informed Council of a new service being offered by C & P. It is extended area calling for Pulaski exchange customers which would include Radford in the calling area. Customers will vote to determine if they are interested in this service. The long distance rates that currently apply would be taken out and replaced with extended area calling rates which are about 85% less n long distance rates. By including Radford in the local calling are it would cause the local monthly service rates for residential customers to go up about 80 cents per month and business customers would be about $3.80 per line per month. Plans will not be implemented unless a good response is received. Mayor Hancock advised that the Council would next review the cable television ordinance and he would not participate or vote as a law partner represents the cable company. Ordinance Committee Chairman W. H. Schrader stated the franchise would be transferred and as a Town government we had little control if all criteria is met and this company does meet the criteria. Chairman Schrader so moved that reading of the ordinance be waived, seconded by Councilman Neblett and carried. Chairman Schrader made a motion that ordinance be adopted, seconded C May 2, 1989 by Councilman Neighbors and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye ORDINANCE Ordinance Approving the Transfer, Assignment, APPROVING and Hypothecation of the Franchise for the TRANSFER Operation and Maintenance of a Community Antenna Television System in the Town of Pulaski, Virginia 8531 WHEREAS, the Town of Pulaski, Virginia has granted a non-exclusive franchise to operate and maintain a community antenna television system within the Town of Pulaski (the "System") which is now owned by Better Entertainment Cable-I, L.P. (hereinafter referred to as "BECI"); and WHEREAS, BECI has entered into an agreement to sell its assets to certain officers and shareholders of Adelphia Communications Corporation or such officers and shareholders, (hereinafter "Buyer"); and WHEREAS, Buyer wishes to assign or hypothecate said franchise as security for financial purposes; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: Section 1: The Town Council hereby consents to the assignment and transfer of the non-exclusive franchise for a community antenna tele- vision system now owned by BECI to Buyer. Upon such assignment and transfer, Buyer shall be bound by the terms of the franchise all of which are in full force and effect. 1 Section 2: Buyer is hereby granted the right to transfer in trust, mortgage, pledge, hypothecate or grant a security indebtedness or obli- gation owned or which may be incurred by buyer The secured party or parties may exercise the rights of and shall be subject to the terms of the Franchise of Buyer in the event of default by Buyer in the performance of its indebtedness or obligation. Section 3: An executed copy of a document evidencing the transfer and assignment of the said franchise and indication of acceptance by Buyer shall be delivered to the Town Council within ten (10) days following the date of such transfer and assignment. IN TESTIMONY WHEREOF, the Town Council of the Town of Pulaski, Virginia, does authorize and direct the execution of this Ordinance by the Vice Mayor of the Town of Pulaski, Virginia, and affixing the Seal of the Town hereto this 2nd day of May, 1989. There being no comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE Chairman Neblett had no report. ORDINANCE COMMITTEE 8~~2 May 2, 1989 Chairman Schrader had no report. PUBLIC & PERSONNEL RELATIONS NOMINATING COMMITTEE Chairman Neighbors had no report. ~ SIDEWALK PUBLIC OPERATIONS COMMITTEE Chairman Graham had no report, however, requested that the Town Manager schedule a committee meeting. FINANCE COMMITTEE Chairman Crawford advised that committee had met and discussed e health insurance for the Town. Bids were received to begin July 1, 89 through June 30, 1990, and as these bids were at a higher rate than we are now paying, the committee recommended that the Town not change its current coverage. Chairman Crawford stated we have received bids to replace the side- walk on Valley Road from Commerce Street to First Street, SW. This pro- ject is eligible for highway maintenance funding. Four bids were received with DBL, Inc. of Wytheville being the low bidder of $46,675.00 and Chairman Crawford so moved that DBL, Inc. of Wytheville be awarded the bid, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye SIDEWALK Chairman Crawford stated the VFW had requested the installation of sidewalk from Dora Highway to 1st St. on Washington. Phillips Concrete is currently working to replace the Dora Highway sidewalk and we could issue a change order for this project which is also eligible for high- way maintenance funding. Chairman Crawford made a motion that a ch e order be approved for $5,966.35, seconded by Councilperson Holston carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye N & S RAILROAD Chairman Crawford stated that the Kiwanis has received a caboose from the N&S Railroad for display at the train station. A pad will need to be constructed at a cost of $1,500 so the caboose can be set off the tracks. Chairman Crawford moved that $1,500 be appropriated to account number 1229-5806 from unappropriated general fund surplus and be approved for expenditure, seconded by Councilman Neighbors and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye Maq 2, 1989 8533 J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye MAYOR'S REPORT TRAIN STATION Mayor Hancock advised that Ms. Burgess and he had met with repre- sentative from Farmers Home Administration on borrowing funds to do some of the exterior work at the train station. Documents were signed - A Request for Obligation of Funds and also a Letter of Intent to Meet Conditions. It was felt that we should get this money as rapidly as possible. Bond Counsel will be needed to prepare some documents. It is hoped we can shortly vote on the ordinance. A public hearing will also need to be held. We have grant papers totaling $90,000. By accepting the $90,000 we agree to keep the museum open for at least 100 days a year for five years after we receive the money. Councilman Graham stated he could not vote for this at this point and time until we get some public support. And, he did not favor borrowing money. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT MURPHY Mr. McKeever stated that on April 10, the Planning Commission had COND. USE recommended that Council approve a conditional use request from Mr. Murphy for the location of two apartment units on Craig Street. Council has visited the site. Councilman Neblett made a motion that the Murphy Conditional Use Application be approved with the following condition: That the driveway as shown on the site plan from Craig Street to the alley entering 4th Street be surface treated immediately following construction of the first building and prior to any application for and receiving a certificate of occupancy. It was also recommended, and not as a condition, that Craig St. between Newbern Road and Baywood be identified as one-way from west to east. Councilman Graham stated the I & I problem in this area needs to get top priority. The Engineering Dept. has been instructed to pre- pare drawings. He further requested the I&I and sewer problem be turned over to the Utility Committee for their review. Councilman J. R. Schrader advised that repairs should be made to street that runs from 4th St. by McDonalds as it is in bad repair. It will carry more traffic as it is the direct route from apartments to Rt. 99. Motion seconded by Councilman W. H. Schrader and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye 8534 May 2, 1989 Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Mr. McKeever advised we would like to schedule a Utility Committee meeting as quickly as possible for names to be placed on the plaque for the water treatment plant. At 4:30 p.m., on motion made by Councilman Neblett, seconded by Councilman Neighbors and carried, Council adjourned. ATTEST: ~ ~ - ...~~ C erk of Council APPROVED: Mayor 1