Loading...
HomeMy WebLinkAbout06-20-86June 20, 1986 8~~3 Minutes of the special meeting of the Pulaski Town Council held June 20, 1986, at 3:00 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, James M. Neblett, C. E. Boyd, Jr., James R. Pdeighbors, Ira S. Crawford, Mary Lou Copenhaver Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Anne Burgess, Assistant to the Town Manager Ruth A. Harrell, Clerk -- Visitors: Dee Lindsey and Pierre Thomas of the news media -- ------ --The invocation was given by Councilman Glenn. ~r _• WAIVER OF NOTICE OF SPECIAL MEETING I I I . ; M.. ~~ We, the undersigned, duly elected members of the Council of the Town of Pulaski, Virginia, hereby waive notice of a Special Meeting of said Council at 3:00 p.m. on the 20th day of June, 1986, for the purpose of approving the Annexation Agreement, User Agreement and Refuse Collection Agreement with Pulaski County, and to authorize Mayoz:~Hancock to sign said Agreements, and any other business that may legally come before the Council. WITNESS our signatures this 20th day of June, 1986. I ' i f/ ~ `/ c ~ - ~ ~ ' ~ ,~- ~ ~./ Mayor Hancock advised the purpose of this special meeting was Council approving- the Annexation Agreement, User Agreement and Refuse Collection Agreement with Pulaski County. yor Hancock inquired as since he was to be authorized to sign these contract, sh uld he preside at this meeting. As Mr. Terwilliger had obtained an informal op"pion from the Commonwealth Attorney and there being no objection from Council, M r Hancock continued to preside. ncilman Crawford presented a resolution approving the settlement agreement ANNEXATION AGREEMENTb een the Town of Pulaski and Pulaski County, requesting a review of the agreement by' the Commission on Local Government, stating the intention of the Town Council to re~aclopt the agreement and to petition the circuit court of Pulaski County, subsequent U ~~4 June 20, 1986 to the Commission's review, to approve the agreement and to grant the annexation of certain County territory. Councilman Neblett moved that we dispense with the reading of the resolution seconded by Councilman Crawford and carried. Councilman Crawford made a motion that resolution be adopted and Mayor Hancock authorized to sign agreement, seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Absent (Councilman Aust stated that had he been in his seat when vote was taken, he would have voted Aye. RESOLUTION - ANNEX.4TION A RESOLUTION OF THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA APPROVING A SETTLEMENT AGREEMENT BETWEEN THE TOWN OF PULASKI AND PULASKI COUNTY REQUESTING A REVIEW OF THE AGREEMENT BY THE COMMISSION ON LOCAL GOVERNMENT PURSUANT TO SECTION 15.1-1167.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED AND STATING THE INTENTION OF THE TOWN COUNCIL TO READOPT THE AGREEMENT AND TO PETITION THE CIRCUIT COURT OF PULASKI COUNTY, SUBSEQUENT TO THE COMMISSION'S REVIEW, TO APPROVE THE AGREEMENT AND TO GRANT THE ANNEXATION OF CERTAIN COUNTY TERRITORY. WHEREAS, the Town of Pulaski and Pulaski County have entered into negotiations to seek a voluntary settlement of annexation, transition, and other issues; WHEREAS, the Town and County are now prepared to enter into an agreement which provides for the annexation of certain County territory, for the waiver by the Town of certain annexation and transition rights, and for other matters; WHEREAS, Chapter 26.1:1 of Title 15.1 of the Code of Virginia (1950) as amended, requires that such a voluntary agreement be reviewed by the Commission on Local Government ("Commission"); and WHEREAS, Chapter 19.1 of Title 15.1 of the Code of Virginia (1950), as amended, requires that the Commission be notified of a municipality's intention to petition for annexation pursuant to Chapter 25 of Title 15.1 of the Code of Virginia (1950), as amended; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski Virginia, in a meeting assembled on the 20th day of June, 1986: 1. That the Council of the Town of Pulaski, Virgini~~, hereby approves the settlement agreement between The Town of Pulaski and County of Pulaski (the "Agreement"), a copy of which is attached hereto as Exhibit A, and hereby authorizes and directs its Mayor to execute the Agreement on the Town's behalf; 2. That the Town Manager is directed to refer the Agreement, together with all other necessary data and materials, to the Commission and to request. that the Commission review said Agreement pursuant to Section 15.1-1167.1 of the Code of Virginia (1950), as amended; 3. That the Town Manager is further directed to notify the Commission that ,the Town intends to_.petition,the Circuit Court of Pulaski County for. the annexation of territory, in accordance with the Agreement, and to request that the Commission review the proposed annexation pursuant to Section 15.1- 1041 of the Code of Virginia. (1950), as amended; 4. That it is the intention of the Town Council, subsequent to the Commission's review, to readopt the Agreement and therefore to petition the Circuit Court of Pulaski County to affirm and validate the Agreement and simultaneously to petition the Court to grant the annexation provided for in the Agreement. 5. That the Town Manager shall take all such actions and shall employ such special legal and engineering assistants as are necessary to accomplish the required review of the Agreement by the Commission. IN WITNESS WHEREOF, the Council of the Town of Pulaski has caused this resolution to be duly executed on its behalf by its Mayor and attested by its Clerk. June 20, 1986 Ui~~~ SETTLEMENT AGREEMENT BETWEEN THE TOWN OF PULASKI AND COUNTY OF PULASKI This Agreement is made and entered into this 20th day of June, 1986, by and between the TOWN OF PULASKI, a political subdivision of the Commonwealth of Virginia, and the COUNTY OF PULASKI, a county of the Commonwealth of Virginia. WHEREAS, the Town of Pulaski has determined that to maintain its economic health it needs to expand its boundaries to include additional territory within Pulaski County; and WHEREAS, the pursuit of an annexation suit would involve great expenditures of time and money and would also introduce an element of uncertainty into the political and governmental processes of both jurisdictions which the Council of the Town and the Board of Supervisors of the County would prefer to avoid; and WHEREAS, the Town Council and the County Board of Supervisors have sought through negotiations to find an amicable solution to this controversy; and WHEREAS, the Town and the County, pursuant to Chapters 25 and 26.1:1 of Title 15.1 of the Code of Virginia (1950), as amended, have reached this voluntary Agreement wY~ich provides for the annexation of certain territory, the 8~~s June 20, 1986 waiver of certain annexation and city status rights, the adoption of land use assessment in valuing real estate, and the construction by the Town of certain capital improvements in the area to be annexed; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Town and the County agree as follows: ARTICLE I Definitions Section l.l. The parties hereto agree that the following words, terms, and abbreviations as used in this Agreement shall have the following defined meanings, unless the context clearly provides otherwise: "Code" shall mean the Code of Virginia, 1950, as amended. References to Code provisions shall mean those particular Code provisions, or similar provisions if the Code is amended after the execution of this Agreement. "Commission" shall mean the Commission on Local Government. "County" shall mean the County of Pulaski. "Court" shall mean a special three-judge Court appointed by the Supreme Court of Virginia pursuant to Title 15.1, Chapters 25, 26.1:1 and 26.2 of the Code. 2 June 20, 1986 V;J~~ "Town" shall mean the Town of Pulaski. ARTICLE II untary Annexation and Waiver of Annexation Rights and of Citv Status Riahts Section 2.1. The County agrees to the annexation by the Town of certain territory depicted on the map attached hereto as Exhibit A. A metes and bounds descrip- tign of the annexation area is attached hereto as Exhibit B. Section 2.2. The annexation of said area shall be eL'$ective at midnight on December 31, 1986. If the Court, pursuant to Gection 15.1-1167.1 of the Code, has not entered an order prior to December 31, 1986 approving and affirming this Agreement, then the annexation shall be effective at midnight on the 30th day of June or at midnight on the 31st day of December following the date of entry of such order, whichever date is earlier. Section 2.3. On or before the effective date of the annexation of said area, the County shall pay to the Towri the sum of $25,000.00 to compensate the Town for the loss of certain tax revenues by reason of the parties' inability to have the annexation made effective on December 31, 1985 as was originally contemplated by them. 3 ~~~~ June 20, 1986 Section 2.4.~ The Town, for a period of fifteen (15) years following the effective date of the annexation occurring pursuant to Article II of this Agreement, except as herein specifically rovided waives in w o I P , h le all statutory rights to annex County territory under Article 1 of Chapter 25 (Section 15.1-1032 et seg.) of Title 15.1 of the Code or any statute similar thereto, as such rights pertain to the County and not as they pertain to any other political subdivision of the Commonwealth. Section 2.5. The Town, for a period of fifteen (15) years following the effective date of the annexation ,occurring pursuant to Article II of this Agreement, agrees that it will not initiate, institute, or support any proceedings to annex territory of the County, except as herein specifically provided. Section 2.6. In the event annexation proceedings are instituted by property owners or qualified voters, pursuant to Section 15.1-1034 of the Code, or any statute similar thereto, the Town agrees that it will not support such proceedings and will not accept such annexation to the Town without consent of the County. The Town specifically agrees not to provide any legal assistance, engineering assistance, financial aid, or any other aid or assistance to the property owners or qualified voters petitioning for annexation. June 20, 1986 ~~~(~ Section 2.7. The Town agrees that for a period of fifteen (15) years following the effective date of annexa- tion occuring pursuant to Article II of this Agreement, it will not institute any proceedings pursuant to Chapter 22 (Section 15.1-982.1 et seg.) of Title 15.1 of the Code, or arty statute similar thereto, to obtain "city status" for the Town. ARTICLE III Town Adoption of Land Use Assessment Section 3.1. On the effective date of the at~exation occurring pursuant to Article II of this Agreement, the Town agrees to assess and tax real estate within its boundaries pursuant to Article 4 of Chapter 32 of Title 58.1 of the Code. Such method of assessment is known as "land use assessment." Section 3.2. Recognizing that the preservation of agricultural land is in the public interest, the Town intends to maintain such a program of land use assessment foz an indefinite period of time. However, during the fifteen (~.5) year period following the effective date of the annexation occurring pursuant to Article II of this Agreement, the "~.~nd use assessment" program may be repealed if the Town a~d the County, by appropriate resolution or ordinance, j~~.ntly approve such repeal; it being the intention of the $~~ June 20, 1986 parties hereto to provide specifically :for the joint exercise of the power of repeal of such program as is authorized by Section 15.1-1167.1, subparagraph 2, of the Code. Furthermore, the Town shall retain the unconditional right to repeal the "land use assessment" program at any time after a fifteen (15) year period following the effective date of said annexation. ARTICLE IV Terms and Conditions of Annexation Section 4.1. Following the effective date of the annexation occurring pursuant to Article II of this Agreement, the Town agrees that, as a term and condition of the annexation, it will construct the following water and sewer lines to serve areas which have an immediate need for such utility improvements by reason of high density popula- tion, septic tank failures, or rejection of applications for septic tank permits: Phase I - Years 1-3: Sewer lines from Critzer Pump Station through Twin Oaks. Phase II - Years 4-7: Sewer lines for Cool Springs Area and water and sewer lines for Peakland Subdivision (behind Akers Cabinet Shop). Section 4.2. Such utililty improvements described in Section 4.1, which are also depicted on the map attached hereto as Exhibit C, shall be constructed in accordance 6 June 20, 1986 8'..~~1 s with the phased schedule set forth above and the installa- tion of all such facilities shall be completed by the end of the seven (7) year period following the effective date o:~ annexation. Section 4.3. Following the effective date of the annexation occurring pursuant to Article II of this Agreement, the Town further agrees to and will construct the fallowing additional water and sewer lines to serve areas which do not have an immediate need for such utility improvements, but which will need the services in the reasonably near future as more development occurs: Phase III - Years 8-9: Sewer line to 2nd Ward Lane. Water and sewer lines along Rt. 99 to Va. Block Plant Road with pump station and force main. Phase IV - Years 10-12: Water lines along portions of Rt. 611 and Peppers Ferry Road. Sewer lines along Old Newbern Road loop and portion of Rt. 611 and Peppers Ferry Road. Phase V - years 13-15: Water line for Rt. 11 loop from corporate limits to Peppers Ferry Road. Section 4.4. Such utility improvements described in Section 4.3, which are also depicted on the map attached hereto as Exhibit C, shall be constructed in accordance with the phased schedule set forth above. Notwithstanding the ti~c-e periods `so listed, the Town may reorder the phases of construction for the facilities listed in Section 4.3 based 7 ~, 8~2 June 20, 1986 upon a reasonable consideration of the following factors: (a) the frequency and magnitude of septic tank failures or contaminated wells within an area; (b) the declaration of health hazard conditions or other public health concerns; (c) the receipt of specific requests for such services; (d) changes in the anticipated development trends within an area; (e) the lack of an adequate customer base to support utility improvements; and (f) cost savings or engineering efficiencies in the design and construction of such utility systems. Under any and all circumstances, however, the installation of such facilities shall be completed by the Town by the end of the fifteen (15) year period following the effective date of the annexation occurring pursuant to Article II of this Agreement. Section 4.5. Following the effective date of the annexation occurring pursuant to Article II of this Agreement, the Town agrees to extend to the area annexed all its municipal- services, on the same basis as such services are hereafter provided to the area presently within the corporate limits. ARTICLE V Commission and Court A proval Section 5.1. The Town and the County agree to initiate promptly the steps necessary and required by 8 June 20, 1986 8~~3 Chapter 26.1:1 of Title 15.1 of the Code to obtain affirmation of this Agreement by the Commission and the C~o!urt. In order to provide for the enforcement of the terms and conditions of the annexation agreed upon herein pursuant to Section 15.1-1047 of the Code, the Town and County agree to initiate simultaneously the steps necessary and required by Chapter 25 of Title 15.1 of the .Code to obtain an order granting the annexation upon the terms and conditions set fpXth in Article IV of this Agreement. Section 5.2. The Town and County agree that regardless of the action taken by the Commission, they will, f©ilowing the issuance of the Commission's report, petition tffie Court pursuant to Chapter 26.1:1 of Title 15.1 of the Cmde to affirm and approve this Agreement and to give it full force and effect. They further agree that the Town shall simultaneously petition the Court pursuant to Chapter 25 of Title 15.1 of the Code to grant the annexation provided for-herein. Such court actions shall proceed concurrently and the Town and County shall file a motion requesting that they be consolidated for hearing and for f~;nal disposition. Section 5.3. In the event the Court does not a~$irm and approve this Agreement pursuant to Chapter 26.1:1 o ,Title 15.1 of the Code, it shall be null and void and of n 'further force and effect. Furthermore, in the event the 9 8~~4 ?u:~~. 24, 1986 Court, in the action pursuant to Chapter 25 of Title 15.1 of the Code, does not grant the annexation provided for in Article II herein, this Agreement shall be null and void and of no further force and effect. ARTICLE VI Miscellaneous Provisions Section 6.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their assigns, and any successors of the Town and/or County. Section 6.2. This Agreement may be amended, modified, or supplemented, in whole or in part, by mutual consent of the Town and the County by a written document of equal formality and dignity, duly executed by the authorized representatives of the Town and the County. Section 6.3. This Agreement shall be enforceable in a duly designated special court reconvened or appointed pursuant to Chapters 25, 26.1:1 and 26.2 of Title 15.1 of the Code or any successor provision o.f law, or in any other court of competent jurisdiction if such a special .court cannot be constituted for such purposes. The terms and conditions of the annexation, as described in Article IV herein, shall be enforceable pursuant to Section 15.1-1047 of the Code or any statute similar thereto. ~J 10 June 20, 1986 $~~ I- IN WITNESS WHEREOF, the governing bodies of the Town and the County have each by ordinance or resolution caused t~~.s Agreement to be duly executed in several counterparts, etch of which shall constitute an original, by their respective mayor or chairman, and attested by their ra~pective clerks. TOWN OF PULASKI By (s) Mayor Gary C. Hancock Mayor ATTEST: S/Ruth A. Harrell Town Clerk COUNTY OF PULASKI By S/Mason Vaughan - Chairman Board of Supervisors ATTEST: S/Sidney Clower Board Clerk 11 S~F+J6 June 20, 1986 Councilman Johnston read a resolution approving the collection system agree- ment between the Town of Pulaski, Town of Dublin, Pulaski County and the Pulaski County Public Service Authority as to joint facilities constructed under Pepper's Ferry Contracts 2, 3A, 3B, 4A, 4B, and 5, and so moved that resolution be adopted, seconded by Councilman Neblett. Mr. Terwilliger advised that Exhibit B (Statement of Cost) of User Agreement had not yet been completely finalized. A revised version was received on June 19th which showed some anticipated refunds. The schedule, according to the agreement, is supposed to show money that had been actually reimbursed as the date of the Exhibit. Since it did affect ways the money was to be distributed they asked that it be changed and Mr. McKeever had prepared and distributed a new copy returning it back to its original state and taking out anticipated refunds. Mr. Clower had been sent a copy. Motion seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Mary Lou Copenhaver -Aye Glen K. Aust - Absent (Councilman Aust stated that had he been in his seat when vote was taken, he would have voted Aye. RESOLUTION RESOLUTION COLLECTION APPROVING THE COLLECTION SYSTEM AGREEMENT BETWEEN THE TOWN OF PULASKI, SYSTEM AGREEMENT THE TOWN OF DUBLIN, PULASKI COUNTY & THE PULASKI COUNTY PUBLIC SERVICE AUTHORITY. BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, setting in special session on the 20th day of June, 1986, that an agreement entitled "Collection System Agreement by the Town of Pulaski, the Town of Dublin, Pulaski County and the Pulaski County PSA as to Joint Facilities Constructed Under Pepper's Ferry Contracts 2, 3A, 3B, 4A, 4B and 5", be, and hereby is, APPROVED in the form attached hereto as Exhibit A; and BE IT FURTHER RESOLVED that the Council authorizes and directs its Mayor to execute said agreement on the Town's behalf. This Resolution is effective upon adoption and is adopted this 20th day of June, 1986. June 20, 1986 ~~~ Councilman Glenn read a resolution approving the 1986 Refuse Collection Agreement with Pulaski County and the Pulaski County Public Service Authority, and so moved that resolution be adopted, seconded by Councilman Boyd. A letter from Mr. John Olver had been distributed to Council recommending the Town not fully close down the landfill. The Agreement before Council does not obligate the Town to close it down; it gives the option of closing it down. Ms. Burgess advised the County was distributing a brochure of explanation of changes and billing dates. Level of service will not change and they will be Billing quarterly for residential customers. Motion carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Absent (Councilman Aust stated that had he been in his seat when vote was taken, he would have voted Aye. RESOLUTION RESOLUTION APPROVING THE 1986 REFUSE COLLECTION AGREEMENT WITH PULASKI 1986 REFUSE COUNTY & THE PULASKI COUNTY PUBLIC SERVICE AUTHORITY COLLECTION AGREEMENT BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in special session on the 20th day of June, 1986, that an agreement entitled "1986 Refuse Collection Agreement of the Town of Pulaski, the County of Pulaski, and the Pulaski County Public Service Authority", be, and hereby is, APPROVED in the form attached hereto as Exhibit A; and, BE IT FURTHER RESOLVED that the Council authorizes and directs its Mayor to execute said agreement on the Town's behalf. This Resolution is effective upon adoption and is adopted this 20th day of June, 1986. . Councilman Glenn advised they had been working on this project for approximately two years and felt the documents that were presented are the best that Town Manager, Assistant to the Town Manager, Town Attorney and our special Counselor from Richmond could prepare for us based on the information that our Council and Board of Supervi- sors could equip them with. He felt there were reservations, but voted in favor of all three as he had faith in this Council and the Board of Supervisors that we are trying to put together a project and a plan that is good for everybody. He felt we should anticipate there will be rocks in the road and we will have to cross over those as best we can. He felt it was still in the best interest of all the people and he hoped we could go forth in that fashion and frame of mind so that we can solve the little differences that come up in a diplomatic and fair fashion with everybody. Mr. McKeever felt Council should be congratulated for the number of times this material was reviewed and for a very thorough job. Next item on agenda. was the rescheduling of the public hearing on the proposed shopping center on Memorial Drive and Route 11. Mayor Hancock advised we have a couple of Councilmembers who will not be able to attend any hearing during the week that the public hearing had originally been scheduled. PUBLIC Councilman Glenn made a motion that public hearing to be held jointly with the HEARING RESCH. Planning Commission be rescheduled to July 22, 1986, at 7:00 p.m. on the proposed shopping center on Memorial Drive and Route 11, seconded by Councilman Crawford and carried. Mr. McKeever advised an informational meeting is scheduled at the YMCA on Jule 30th at 7:00 p.m. for citizens in area to come and ask technical questions from Town Engineer, Mr. Lindop, developer and the Town Manager. 8 ~-'~~V June 20, 1986 Councilmembers were to meet at 4:00 p.m, at the Appalachian Auditorium for the signing of contracts. At 3:27 p.m. Councilman Neighbors made a motion to adjourn, seconded by Councilman Boyd, and carried. ATTEST: Clerk of Council APP VED: ~' Ma o r hI i~