HomeMy WebLinkAbout03-06-908698 March .6 , x}89 %9 9U
Minutes of the regular meeting of the Pulaski Town Council held
March 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, 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 Ann Lindsey and Madelyn Rosenberg of
the News Media
Polly Mitchell
J. B. Warner
Mr. and Mrs. Woodrow Hurst
Lewis Davidson
Kyle Scharhag
Bruce Deel, Youth Minister, Pulaski Church
of God
Jerry Haynes
Gary Cutlip
The invocation was given by Vice Mayor Neighbors.
On motion made by Councilwoman Holston, seconded by Councilman
Glenn, and carried, the minutes of the regular meeting of February 20,
1990, were approved as recorded.
In hearing from the public, Mr. Lewis Davidson addressed Council
opposing the issuing of an RBC license for the Braves at Calfee Park.
He felt this would not be good for baseball and also they should not
ABC play after 11:00 p.m. as this was disturbing to the surrounding
~~ residents.
BRAVF~
Mrs. Polly Mitchell also opposed the ABC license as she felt it was
not in the best interest of the Town. She also requested that the Town
consider taking the collection of garbage back as we could pay
contractor to pick up. She felt is was out of the County's hands when
it is turned over to the PSA.
Mrs. Inis Hurst spoke against the ABC license as she felt it would
create a problem when walking on Pierce Avenue.
Mr. Kyle Scharhag, Manager for the Braves, addressed Council
regarding the measures and precautions they would be taking should they
receive the license. He also answered questions from the citizens that
were present.
March .6, 1990 8699
ABC LICINSE - Braves - Calfee Park
continued:
Mayor Hancock advised that Mr. Terwilliger had been requested to
brief Council on the lease negotiations. At 4:40 p.m. Councilwoman
Copenhaver so moved that Council go into Executive Session on a legal
matter under 2.1-344 A7, 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. - Absent
Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
At 4:55 p.m. Council returned to regular session and waived reading
of the Certification Resolution on motion made by Councilman Neblett,
seconded by Vice Mayor Neighbors and carried.
Councilman Neblett made a motion that Certification Resolution be
adopted, 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. - Absent
Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
CERTIFICATION RESOLUTION
~~~ ~~ 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;
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.
The hearing to consider the issuance of ABC license to the Braves
is scheduled for March 7th. Mr. Scharhag answered inquiries as made by
Councilman Glenn.
Vice Mayor Neighbors made a motion that Council instruct Mr.
Holycross to convey to the hearing that they are opposed to beer sales
in Calfee Park. Motion 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. - Absent
Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
[i
Mayor Hancock stated that they had always been supportive of the
8700 N1~rch 6, 1990
Braves and hoped they continued to play ball in Pulaski.
There being no further comments from the public, Mayor Hancock
called for Council Committee reports.
UTILITIES COMMITTEE
HAGER WATEEt
BILL Chairman Neblett reported that the committee had met and discussed
the water bill due to leak on the property of the Hager's laundrymat.
The committee did not have a recommendation but for discussion purpose
Chairman Neblett so moved that we pay 500 of the bill that has been
incurred which would be approximately $400. Councilman Glenn seconded
this motion.
Councilman Glenn stated he had a problem with granting any further
reimbursements based on the facts that had been previously discussed.
He felt that the Town had gone as far as could be expected in this
matter. He further stated that he felt the problem had been handled as
best we can handle it. He could not support giving any further money at
this point. Councilwoman Holston agreed with the comments of Councilman
Glenn and felt the Town had handled this matter properly and in
accordance with our ordinance. Councilman Graham advised that we had
given relief on the sewer portion of the bill.
Vice Mayor Neighbors made a substitute motion that any further
payment to the Hager's be denied and that Mr. Campbell be notified,
seconded by Councilwoman Copenhaver and carried on the following
recorded vote:
James M. Neblett - Aye Andrew L. Graham - Aye
J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent
Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
Chairman Neblett reported that problems had been experienced with
the superpulsator at the filter plant. They are still working on this
Also, an engineering firm has been authorized to begin work on the Rt.
11 line.
PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE
Apply. Chairwoman Copenhaver reported that the committee had met and so
~ Gmoved that William T. Smith, Jr. and R. David Warburton be reappointed
LION to the Planning Commission for a four year term effective immediately.
Motion seconded by Councilwoman Holston, and carried. Vice Mayor
Neighbors voted "no" to this motion as he felt one member of the
Planning Commission should also be a member of the Board of Zoning
Appeals as had been recommended by the Town Attorney.
PUBLIC OPERATIONS COMMITTEE
'IgAFFIC Chairman Graham reported that the committee had met and discussed
SIQJS the request for stop signs at Prospect Avenue and 10th Street, and on
Hermosa Drive at Sylvan Drive. Mr. Holycross reported that the Chief of
Police, Town Engineer and Director of Public Works had recommended that
we not install stop signs at these two locations. The primary reason
was the installation of stop signs at these two locations would be
contrary to the manual of uniform traffic control devices.
March 6, 1990 8701
Mr. Holycross stated that people may be using Prospect Avenue in
lieu of using Randolph Avenue and a traffic study will be conducted on
Randolph.
The committee also reviewed the drainage ditch on Grove Drive. Mr.
Grove Holycross reported that the concrete drainage ditch provides drainage
tea'-t'• for Grove Drive. Staff recommended that because this particular ditch
is an integral part to the drainage on Grove Drive, that the Town assume
responsibility for the maintenance of this particular ditch. There is a
fence at this location placed by the property owner and it was felt it
should be the property owner's responsibility to maintain the fence.
The drainage ditch is street eligible and funding would come from
these funds. Councilman Graham made a motion that this money be
appropriated, $1,920, to correct the deterioration of this drainage
ditch. Motion 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. - Absent
Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
Chairman Graham asked that Mr. Holycross contact Habitat for
Humanity regarding their request for access to their newly built homes.
ORDINANCE COMMITTEE
Chairman W. H. Schrader was absent.
FINANCE COMMITTEE
Chairman Neighbors had no report.
MAYOR'S REPORT
Mayor Hancock did not have a report.
TOWN ATTORNEY'S REPORT
Mr. Terwilliger presented an Ordinance closing an alley off Peach
Street in the Town of Pulaski. Councilman Glenn so moved that reading
of the ordinance be waived, seconded by Councilman Neblett and carried.
Councilwoman Holston made a motion that ordinance be adopted,
seconded by Councilman Glenn and carried on the following recorded vote:
OrdjSlance James M. Neblett - Aye Andrew L. Graham - Aye
closing J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent
Alley Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
ORDINANCE
CLOSING AN ALLEY OFF PEACH STREET
IN THE TOWN OF PULASKI, VIRGINIA
WHEREAS, the Town Council of the Town of Pulaski received a request
8702 rlarch 6, 1990
to close a segment of any alley off Peach Street, parallel to Fourth
Street, N.E. in Block 229 of the Town of Pulaski, Virginia; and,
WHEREAS, after information was gathered by the Town staff and a
view was taken by Council, and the matter was duly advertised for public
hearing with appropriate notices given, and the public hearing was held
on February 20, 1990; and,
WHEREAS, it appears that it is in the public interest to close the
aforesaid alley subject to any utility easements that might exist in
favor of the Town across said alley;
NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of
Pulaski, Virginia, sitting in regular session on March 6, 1990, that a
certain alley lying from Peach Street to another public alley, and
running parallel to Fourth Street, N.E. between lots 15-21 and lots 22-
28 of Block 229 of the Town of Pulaski, as shown on the plat attached
hereto and made a part hereof, be and hereby is, abandoned, closed, and
vacated with title hereto if any be vested in the Town, reverting
without warranty to adjacent property owners as provided by statute;
reserving, however, any and all utility easements which may exist in
favor of the Town of Pulaski, its successors and assigns.
This Ordinance is effective upon adoption and is adopted this 6th
day of March, 1990, by recorded vote of the Town Council.
Mr. Terwilliger presented four resolutions, all of which were
identical, certifying signatures to the various banks in Town--Signet,
Sovran, Charter Federal and Bank of Speedwell regarding authorization
for transferring Town funds and for the withdrawal of Town funds.
On the Signet account, in addition to the signatures so listed, the
signature of Mildred Bolen, Assistant Town Treasurer, may be one of the
two needed signatures for withdrawal.
Councilman J. R. Schrader so moved that reading of the resolution
be waived, seconded by Councilman Glenn and carried.
Councilman Glenn made a motion that the four resolutions be
adopted, seconded by Councilman J. R. Schrader and carried on the
following recorded vote:
RE50IlJITONS GTIIH James M. Neblett - Aye Andrew L. Graham - Aye
SIQVATUKES J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent
ADOPTED. Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
RESOLUTION
BE IT RESOLVED by the Town Council of the Town of Pulaski,
Virginia, meeting in regular Session on March 6, 1990, that:
1. Sovran Bank, N.A., Charter Federal Savings Bank, Bank of
Speedwell, and Signet Bank, is hereby designated a depository of the
Town of Pulaski, Virginia. The Town states its intent to maintain such
accounts at the Sovran Bank, N.A., Charter Federal Savings Bank, Bank of
Speedwell, or Signet Bank, as may be indicated by the needs of the Town
from time to time.
~~
I
March 6, 1990 8703
2. In order to facilitate the transfer of Town funds from one
account of the Town to any other account of the Town (whether also in
this institution or not), Sovran Bank, N.A., Charter Federal Savings
Bank, Bank of Speedwell or Signet Bank is hereby authorized and directed
to honor any transferral order signed by either the Treasurer-Finance
Director, or the Town Manager, when such order transfers funds from an
account within said institution to either another account in the name of
the Town within said institution, or to an account in the name of the
Town of Pulaski, Virginia, in another financial institution.
3. {a) In order to facilitate the withdrawal of Town funds yet
protect the interest of both the Town and the financial institution, the
Town certifies the following signatures to said Banks:
Name Title
S/Gary L. Cutlip Town Treasurer
5/Donald Eugene Holycross Town Manager
S/Gary C. Hancock Mayor
S/Ruth A. Harrell Clerk
(b) Sovran Bank, N.A., Bank of Speedwell, Charter Federal Savings,
Signet Bank is authorized and directed to honor and pay any checks,
drafts, notes or order drawn against Town accounts when such instrument
has been signed by any two of the above persons.
4. To clarify the desired handling of money received by the Town,
Sovran Bank, N.A., Charter Federal Savings Bank, Bank of Speedwell,
Signet Bank, is instructed that any checks, drafts, notes or orders made
payable to the Town of Pulaski, or to any of the above-named officers in
their official capacity, are to be accepted for deposit only into an
authorized account held in the name of the `Down of Pulaski,
notwithstanding the fact that such instrument may be endorsed by two of
the above individuals.
5. This resolution shall continue in force and said institution
may consider the facts concerning the holders of said offices,
respectively, and their signatures to be and continue as set forth in
the certificate of the Clerk or accompanying a copy of this resolution
when delivered to said institution or in any similar subsequent
certificate, until written notice to the contrary is duly served on said
institution.
This Resolution is effective upon adoption and is adopted March 6,
1990.
TRAIN STATION Mr. Terwilliger brought to Council's attention that the deed to the
train station has been received from Norfolk-Southern. An assignment of
lease has also been received on the bus station and we have a lease
agreement on the initial strip of land between the train station and the
track which makes it easier for us to move the fence closer to the
track.
TOWN MANAGER'S REPORT
~~~ Mr. Holycross stated that Joe Morgan, County Administrator, in
Bldg. correspondence had indicated that the County, because of the Courthouse
fire, does have a need for the Law Library space in the municipal
8704 March 6, 1990
building. They have indicated that they would need it for all of 1990
and would like to have an option for 1991 and hopefully by 1992 they
will have new court space sufficient for a law library available. They
have proposed to pay us the same rent, 5115 per month, that they were
paying in the past for the law library as well as Justice Harman's suite
of offices.
Councilman Neighbors moved that the Town Manager be authorized to
accept the proposal from the County Administrator for the use of the law
library space in the municipal building, seconded by Councilman Glenn
and carried on the following recorded vote:
James M. Neblett - Aye Andrew L. Graham - Aye
J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent
Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
Mr. Holycross stated that information had been received from
Virginia Municipal League concerning Policy Committee Nominations.
Council was requested to submit their name for nomination if they are
interested, to Mr. Holycross' office for submission to Mayor Hancock.
Mayor Hancock stated we had two requests, legal matters and real
estate matters, to be considered in Executive Session. At 5:35 p.m.
Vice Mayor Neighbors so moved that Council go into Executive Session
under 2.1-344 A3 and A7, 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. - Absent
Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
At 6:40 p.m. Council returned to
of the Certification Resolution on mo
seconded by Councilman J. R. Schrader
Councilman Neblett so moved that
adopted, seconded by Councilman Glenn
recorded vote:
regular session and waived reading
tion made by Councilman Glenn,
and carried.
Certification Resolution be
and carried on the following
C~I'Il~ICt1- James M. Neblett - Aye Andrew L. Graham - Aye
TION RESOL. J. R. Schrader, Jr. - Aye W. H. S chrader, Jr. - Absent
ADOPTED Mary Lou Copenhaver - Aye Alma H. Holston - Aye
James R. Neighbors - Aye Robert N. Glenn - Aye
Gary C. Hancock - Aye
Certification Resolution
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;
NOW, THEREFORE, BE IT RESOLVED that the Pulaski Town Council hereby
March 6, 1990 8705
1
~~
certifies that, to the best of each member':; knowledge, (i) only public
business matters 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 6:43 p.m. Councilman Neblett made a motion that Council adjourn,
seconded by Councilman Glenn, and carried.
APPROVED:
~• ~~~~
Mayor
ATTEST:
~~ i~~
Clerk of Cou cil