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HomeMy WebLinkAbout02-06-90February 6, 1990 8683 Minutes of the regular meeting of the Pulaski Town Council held February 6, 1990, 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, Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Anne Burgess, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Madelyn Rosenberg, of the News Media Inis Hurst Kenneth Armbrister Don Crispin J. B. Warner Mr. Randolph Alan Groseclose Sam Witt Claud Kirkland Virginia Kirkland Polly Mitchell Jerry Haynes John Hawley Dave Hart 5 area citizens The invocation was given by Vice Mayor Neighbors. OOUP~IL On motion made by Councilwoman Copenhaver, seconded by Vice Mayor Neighbors and carried, the Oath of Office for newly appointed Councilman Robert N. Glenn was received and filed. Councilwoman Holston made a motion that the minutes of the regular meeting of January 16, 1990, be approved as recorded, seconded by Councilman Glenn and carried. PUBLIC ~- The next item on agenda was a public hearing on the Community ~' Development Block Grant. Mr. Holycross reported this hearing was to gather public input on local community development and housing needs. This is the first step in the process for submitting a project proposal for grant funding. The deadline for submitting new proposal for funding is March 9th. As a part of the proposal process, a public hearing was scheduled to offer the public an opportunity to provide input on what should be included in our grant proposal. There were no comments received from the public, for or against this proposal, and the hearing adjourned at 4:05 p.m. 8684 February 6, 1990 Mr. Kenneth Armbrister, owner of rental property at 932 Dora Highway, addressed Council with the complaint that recently he was in a business deal to purchase property on Dora Highway and person who was purchasing with him and living at rental property failed to pay his water bill. This person has now moved out and left Mr. Armbrister owing a three month water bill. Mr. Armbrister felt it was unfair that he was responsible for someone's water bill. Mayor Hancock stated the Town will not turn water back on on rental property if there is money owned on the property when a tenant moves out. The water was not turned off in December when payment was due because of the extreme cold weather and the Town did not want the pipes to freeze. There being no further comments from the public, Mayor Hancock called for Council committee reports. UTILITIES COMMITTEE Chairman Neblett reported that the committee had met on February 2nd at the water treatment plant and reviewed the new construction. The WATER super pulsator, which is only the second one of its kind in the State, ~T, should be started up on February 9th. The plant expansion will have a p~~ capacity of 4,000,000 gallons per day and is designed to provide at least 20 years of service to the Town. ORDINANCE COMMITTEE Chairman W. H. Schrader advised that Town Attorney would present ordinances that the committee had ready for adoption. PUBLIC AND PERSONNEL RELATIONS, NOMINATING COMMITTEE Chairman Neighbors had no report. PUBLIC OPERATIONS COMMITTEE Chairman Graham reported that committee had met on January 31st and ~~ considered the Powder House Road and it was found this was private property and the Town has no right to go onto this property and make improvements. The Town Manager will write a letter to Mrs. Reese explaining the Town's position. Chairman Graham reported that they discussed the preliminary street maintenance program and the Town Manager will prepare a report back to Council. The parking at Northwood School was discussed and this is a Town PARI~iG/ administration problem which they will resolve. Staff had recommended STREETS that no parking signs be installed on the south side of Northwood Drive. Staff is also to work with the Principal of Northwood School on this problem. The committee considered the Grove Drive drainage problem and since this drainage ditch flows into part of the Town's storm sewer system, it STREETS/ is felt that the Town should assume the responsibility for maintaining DRAINAGE this drainage ditch. This is not a natural drainage area. Committee felt they needed more information on the problem. February 6, 1990 8685 Chairman Graham made a motion that a public hearing be held February 20, 1990, on the request to close an alley on East Fourth Street, seconded by Councilman Glenn and carried. Chairman Graham advised they reviewed the status of infiltration/inflow program and it was felt that Council should hold a worksession to review Eastern Utilities' recommendations. Staff was instructed to bid the I/I rehabilitation project and bring the quotes back to Council for review. Chairman Graham scheduled a Public Operations Committee meeting for Monday, February 12th at 3:30 p.m. FINANCE COMMITTEE HICIiWAY Vice Mayor Neighbors advised committee met on January 31st and ~J•reviewed funding for State Highway projects - Downtown Signals, Pinnacle Street Crossing and Commerce Street Bridge. When the budget was prepared, total Town contribution of $24,200 was not budgeted as it was felt that payment would not be due until after July 1st. Administration is to research budget for this funding. WATER Vice Mayor Neighbors reported that the committee had reviewed the engineering services for the Rt. 11 water project and this funding will come from the bond money. A proposal from Dewberry and Davis to do the engineering was reviewed in the amount of $42,000. Inspection lump sum based upon a three month construction period is $15,000. They will design the tank and the major new pump station and also evaluate our entire system. Eventually we will eliminate two pump stations. Work will be started to obtain the easements for this project. SEWER FUND Vice Mayor Neighbors advised that there is no appropriation for the Sewer Fund for this fiscal year. Approximately $10,500 has been expended from this fund through December 31. It is estimated for the remainder of the year it will take about $3,000. A total appropriation of $13,500 is needed for the repairs to sewer lines, Critzer Pump Station, etc. Administration will research budget for this funding. Vice Mayor Neighbors advised that at one time the Planning Commission was considering recommending to Council that they be allowed to hire their own legal counsel, but had now decided that any requests that come from the Planning Commission should go through the Council and then be referred to the Town Attorney. R~LICE DEPT. Vice Mayor Neighbors stated that the committee had reviewed the purchase of a tape recording system for the Police Department. The original purchase was for a 5000 series recorder when in fact they needed a series 9000 with a price difference of $1,400. The original grant from Criminal Justice was in the amount of $13,629. The additional money will be taken from the Police Department's budget. Vice Mayor Neighbors stated the Census Committee had made a request of $1,500 to cover their activities. CENSUS Vice Mayor Neighbors so moved that $1,500 be appropriated to account number 1213-3025 Census Promotion from General Fund Unappropriated Surplus and be approved for expenditure, seconded by Councilman W. H. Schrader and carried on the following recorded vote: 8686 February 6, 1990 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 Robert N. Glenn - Aye RECREATION AD HOC COMMITTEE RF7~REA'ITOr1 Councilman Neblett made a motion that the proposal of this committee that a county-wide recreation authority be established for youth sports, be sent to the Finance Committee for full review and analysis. He further requested that all Council Members, Director of Parks and Recreation, and representative from the Ad-Hoc Committee be invited to this meeting. Motion seconded by Councilwoman Copenhaver an carried. Councilman Graham requested that additional financial information be available when we have this meeting. Also, from the public, Polly Mitchell felt that the public should have input on this matter. Dave Hart, Director of Parks and Recreation reported that thus far, discussions had centered around creating an Authority, and before this is finalized, there has to be a public hearing. MAYOR'S REPORT ~~ Mayor Hancock stated he had asked our Vice Mayor Neighbors if he would chair the Finance Committee, and he has agreed to do this. Councilwoman Copenhaver was appointed to Chair the Personnel Committee since Vice Mayor Neighbors will be unable to chair this committee. TOWN ATTORNEY'S REPORT Mr. Terwilliger presented amendments to the Soil Erosion and Sediment Control provisions of the Town Code which incorporates all the changes that were recommended by the State agencies. Councilman J. R. Schrader so moved that reading of the ordinance be waived, seconded by Councilman W. H. Schrader and carried. Councilwoman Copenhaver made a motion that ordinance be adopted, 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 Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ORDINAN~ O R D I NAN C E ~~ TO AMEND THE SOIL EROSION AND SEDIMENT CONTROL PROVISIONS OF THE TOWN CODE 1 BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session on February 6,1990, that Chapter 14, Article III of the Pulaski Town Code, dealing with soil erosion and sediment control be, and hereby are amended to be in the form attached hereto and made a part hereof. The Town Manager is authorized and directed to assign appropriate February 6, 1990 8687 Code numbers to the revisions and to include them in the Code. This Ordinance is effective upon adoption and is adopted by recorded vote of the Town Council. Mr. Terwilliger stated that for the record, cover ordinance should be adopted covering the Town Code which was adopted at last meeting. Councilman W. H. Schrader so moved that reading of the ordinance be waived, seconded by Vice Mayor Neighbors and carried. Councilwoman Holston made a motion that ordinance be adopted, 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 Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ORDINAN~ ORDINANCE ~~'•AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF PULASKI VIRGINIA: PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN: PROVIDING A PENALTY FOR THE VIOLATION THEREOF: PROVIDING FOR THE MANNER OF AMENDING SUCH CODE: AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. THE TOWN OF PULASKI ORDAINS: Section 1. The Code entitled "Pulaski Town Code," published by Municipal Code Corporation consisting of Chapters 1 through 17, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before December 20, 1988, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part. thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the .Code, or any provision adopted by reference therein, or any ordinance, rule or regulation adopted or issued in pursuant thereof, shall be guilty of a class 1 misdemeanor. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Cost section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the town may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. 8688 February 6, 1990 Section 6. Ordinances adopted after December 20, 1988, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code. Section 7. -This ordinance shall become effective February 6, 1990. Passed and adopted by the Town Council this 6th day of February. 1990. Mr. Terwilliger had also distributed correspondence he had receive from the Fairfax County Attorney pointing out some land use legislation that affects municipalities as well as counties. Particular attention was emphasized on the conditional zoning which had provisions which were very advantageous to the land owner who proposes conditional zoning and in reviewing the language which is before the General Assembly, would enable someone, once conditions are proffered, that the existing zoning would become vested so if you later change, for example, all B-2 zones in the entire Town of Pulaski to eliminate one particular use in a B-2 zone, if you had property on which there had been a conditional zone during the existance of that particular use, that right would be vested Terwilliger is to contact our delegate and Senator Bird against these particular amendments to the zoning provisions of the State Code. Councilman W. H. Schrader suggested Mr. Terwilliger also write the chairman of this committee. Mr. Terwilliger presented a resolution declaring Town policy of utilizing local vendors of goods and services. Councilman W. H. Schrader so moved that reading of the resolution be waived, seconded by Councilman Glenn and carried. Councilman W. H. Schrader made a motion that resolution be adopted, seconded by Councilwoman Holston 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 RESOLUTION Mary Lou Copenhaver - Aye Alma H. Holston - Aye ADOPTED James R. Neighbors - Aye Robert N. Glenn - Aye RESOLUTION DECLARING TOWN POLICY OF UTILIZING LOCAL VENDORS OF GOODS AND SERVICES WHEREAS, occasions arise when the Town of Pulaski has the need to obtain goods and services on a one-time or recurring basis which are not within the scope of the Virginia Public Procurement Act or existing Town purchasing policies; and, WHEREAS, local businesses, which contribute to the financial stability of the Town through the payment of real estate, personal property, machinery, business license, and other taxes, can provide goods and services at competitive prices; and, WHEREAS, by supporting such local businesses whenever possible, the Town is supporting its own economic stability; February 6, 1990 8689 NOW, THEREFORE, be it RESOLVED by the Town Council of the Town of Pulaski, Virginia, that it shall be a policy of the Town that when contracting for goods and services, and where not otherwise prohibited by law, the Town will endeavor to utilize local businesses which are located in and licensed to do business in the Town of Pulaski, for the provision of goods and services, unless the costs involved are so desperate as to be clearly against the Town's best interests. This Resolution is effective upon adoption and is adopted this 6th day of February, 1990. TOWN MANAGER'S REPORT ZONING Mr. Holycross reported that a structural engineer's evaluation on the property on Pierce Avenue that has been requested to be rezoned, indicates that the building is in need of extensive repair. The estimated cost of repairs is $90,000. The Town has issued an order for the property owner to clean up the rear of this property where part of this structure had collapsed and this has already been undertaken. Based upon the structural evaluation, an order of condemnation has been issued for the building itself. It is the opinion of the Building Inspector that the upper building is in better condition and can be restored. Mr. Groseclose stated he did not feel it would be feasible for the owner to demolish the building. If the Town wanted to undertake the liability of trying to do this, he felt it would create quite a problem for the Town and the owner. At this point, Mr. Groseclose was unsure as to which direction Mr. Witt would plan to use the buildings. He suggested that someone from the Town staff try to work with Mr. Witt to see if a solution could be found. Mr. Holycross stated that in this particular case, he was not sure that they could make a specific recommendation, however, options had been presented to Council and these were again reviewed. Mr. Terwilliger expressed concern that if we do down zone to where there is no practical use to the property, then we may be violating landowner's rights- not just on this property, it is on any property. We have to have a factual basis on which to go and we cannot be arbitrary and capricious. Councilman Glenn moved that the property listed as Lots 3, 4, 5, 6, 6A, 8, 9, 10, 11, 11A of Block 175 Section 26 and Lots 3, 4, and 7 of Block 174 Section 26 be rezoned from B-2 General Business to R-2 Residential, as it has single family/multi-family residential on it, and that Lots 1A, 1, 2, part of 3 and part of 27 in Block D Section 23 be rezoned from M-2 General Industry to B-2 General Business. Motion to also include that no action be taken on lower property which is B-2 at the present time. This motion concurs with the recommendations of the Planning Commission. Motion seconded by Councilman Neblett and carried on the following recorded vote: p~ James M. Neblett AVE. J. R. Schrader, Jr. R~NID Mary Lou Copenhaver James R. Neighbors Mr. Terwilliger rec - Aye Andrew L. Graham - Aye - Aye W. H. Schrader, Jr. - Aye - Aye Alma H. Holston - Aye - Aye Robert N. Glenn - Aye ommended that we keep the two matters, the 8690 February 6, 1990 building code matter, and the zoning matter as two distinct matters. The twa are not related in any meaningful way. He felt that as a matter of clarity, they should be handled separately. The Code Compliance Officer should be handling his job and making judgments on these buildings regardless of what the zoning classification is and regardless of the uses. At the request of Mrs. Inis Hurst, the Building Inspector will again look at the property where cars are stored as roof is falling in and cars are being moved to the outside. Mr. Compton reported that cars were moved to lot so roof repairs could be made. He will also check hole/well that is on the property. Mr. Holycross reported that work had been started on the street lights for Bainbridge and East Main Street. This project is expected to be completed by the end of February. HIGHWAY In referring back to the Finance Committee report, Mr. Holycross reported there was no money budgeted this fiscal year for the Pinnacle St. Crossing, Commerce Street Bridge and the Downtown Street Lights. The State is awaiting our signing of the contracts for these projects. Ms. Burgess stated staff had found the funding within the existing budget between the General Fund and Sewer Fund and money will be moved around. There is no need for money from Unappropriated Surplus. Motion will be brought back to Council. Councilman W. H. Schrader made a motion that approval be given to enter into contract with Highway Department, and Town Manager authorized to sign the contract, seconded by Vice Mayor 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 Robert N. Glenn - Aye WATIIZ Also related to the Finance Committee's report, it was stated we T1NF, had obtained quotations for engineering services related to the Route 11 RT. 11 water line. Authorization to proceed with contract was requested so work could begin. Councilman Neblett so moved that Council approve entering into contact with Dewberry & Davis for the engineering work on the Route 11 water line so work can begin, seconded by Councilwoman Holston 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 Robert N. Glenn - Aye At 5:18 p.m. Council went into Executive Session on a legal matter - Counsel and Real Estate A3 and A7 as requested by Mayor Hancock, and a real estate matter A3 as requested by Mr. Holycross, on motion made by Vice Mayor Neighbors, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye February 6, 1990 8691 J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye At 6:01 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Vice Mayor Neighbors, seconded by Councilman W. H. Schrader, and carried. Vice Mayor Neighbors so moved that Certification Resolution be adopted, 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 Robert N. Glenn - Aye CIltTgTCATION CERTIFICATION RESOLUTION RESOL~JTION Pulaski Town Council WHEREAS, the Pulaski Town Council has convened an executive meeting on this date pursuant to an affirmation recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, 52.1-344.1 of the Code of Virginia, requires a certification by this Pulaski Town Council that such executive meeting was conducted in conformity with Virginia law; [1 NOW, THEREFORE, BE IT RESOLVED that the Pulaski Town Council hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Pulaski Town Council. At 6:04 p.m. Council adjourned on motion made by Councilman Neblett, seconded by Vice Mayor Neighbors, and carried. Attest: ~~ ~. ~~~ Clerk of Council APPROVED: ,~ U Mayor