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HomeMy WebLinkAbout01-06-87January 6, 1987 8155 Minutes of the regular meeting of the, Pulaski Town Council held January 6, 1987, 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 M. Neblett, James R. Neighbors, W. H. Schrader, 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, Pierre Thomas, Bob Thomas of the news media Walter Gravley Jake Blevins Roy D'Ardenne The invocation was given by Councilman Neblett. On motion made by. Councilman Neblett, seconded by Councilman Graham and carried, the minutes of the regular meeting of December 16, 1986, were approved as submitted. PEAK In hearing from the public, Mr. Jake Blevins, Dora Highway, distributed pictures CREEK of floodin around his FLOOD- g property during the December 24th flooding. He stated it was ING his understanding that the Town would take care of the creek flooding problem and he had had this problem for 15 years. He again requested that creek be channeled behind his property to the Town limits. If the Town receives a grant this year to clean the creek, they will be notified that the Town has not done its job. Mr. McKeever advised that a letter had been sent last week to the Army Corps of Engineers in Huntington, West Virginia. They now have a new program where they will absorb the cost of studying and making recommendations to reduce the Town's flood problems. This will tell us what needs. to be done to take the floodwater and put in back in the creek so it does not flood. Councilman Johnston suggested that Council review appropriation for cleaning the creek beyond corporate limits in their next budget work session. Mayor Hancock asked that the Public Operations Committee review this problem. Mr. Walter Gravley, 55 E. Main Street, and owner of Tut's Game Room, applied DANCE to Council for a dance license for teen-agers to dance at his business. Music would APPLIC.be provided by jukebox and no admission would be charged. Mr. Terwilliger advised that he did not believe Mr. Gravley needed a license as live bands would not be utilized and admission not charged, however, he will review the State code and make a recommendation to Council in writing as to Council's powers over this matter. As there were no further comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE Chairman Johnston had no report. PUBLIC OPERATIONS COMMITTEE Chairman Neighbors advised that he and Mayor Hancock had made on-site visits to several problem areas after the December 24th flooding. Mr. Leonard Ratcliffe, Kersey Bottom, had a lot of water around his house caused PEAK by a culvert not taking the water on through to the creek. A bigger pipe was installed CREEK FLOOD- but Mr. Ratcliffe feels he is still going to have some problems. ING Mayor Hancock referred this matter to the Public Operations Committee. Mr. Blevins reported that at the Original Church of God a culvert needed replacing with a larger culvert. A problem has also been reviewed on Pinnacle Street, as you have to go around trestle to get up to it. When there is flooding or freezing, they have a problem getting to it. A street across the railroad tracts was viewed and the Director of Public 8156 January 6, 1987 Works will be requested to review this situation. Mayor Hancock also referred this problem to the Public Operations Committee. PUBLIC & PERSONNEL RELATIONS NOMINATING COMMITTEE Chairman Neblett advised that an Executive Session was needed on a personnel matter at the close of the meeting. FINANCE COMMITTEE Chairman Crawford had no report. ORDINANCE COMMITTEE Chairperson Copenhaver read an ordinance that the Town Zoning Ordinance be amended by the adoption of Article lOA, also known as "Town of Pulaski Historic District Ordinance" and so moved that this ordinance be adopted effective March 1, 1987, seconded by Councilman Glenn and carried on the following recorded vote: HISTORIC ZONING John A. Johnston - Aye James R. Neighbors - Aye ORDINANCE Robert N. Glenn - Aye Ira S. Crawford - Aye ADOPTED James M. Neblett - Aye Mary Lou Copenhaver -Aye W. H. Schrader - Aye Andrew L. Graham - Aye ORDINANCE BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on January 6, 1987, that the Town Zoning Ordinance be, and hereby is amended by the adoption of Article 10A, also known as "Town of Pulaski Historic District Ordinance" in the form attached hereto and made a part hereof. THIS ORDINANCE shall be in general effect as of March 1, 1987, provided however, that in the interim between the adoption of this Ordinance and the effective date, the Town Council may proceed to appoint the Architectural Review Board and the administration as are reasonably necessary to put the Ordinance into effect. This Ordinance is adopted this 6th day of January, 1987, by recorded vote of Council. January 6, 1987 8157 Mayor Hancock requested that additional informational work be done through the news media on this ordinance. Mr. Terwilliger recommended that the Nominating Committee get the Architectural Review Board appointed as soon as possible. Mr. D'Ardenne is to provide Chairman Neblett a listing of possible candidates for this Board. NLAYOR' S REPORT FOUNTAIN Mayor Hancock reported that the fountain has been placed back in Jackson Park through a contribution for this purpose. As results were disappointing., the private contractor will be asked to redo the project. It is felt this will be a fine addition to the park. Mayor Hancock advised that the time capsule was buried on December 31st. Time capsule items include: CENTENNIAL Newspapers - all important. news from 1986 {Southwest Times and Roanoke Times) TO BE Copies of Wall Street Journal, the Sun (grocery store pulp newspaper magazine) OPENED IN Report of Town corporations 2086 Yearbooks - High School, Middle School Cougar football programs and souvenirs Magazines - Time, Life, Vogue, Redbook, Smithsonian, etc. Time magazine with all important news from 1986 Fine Arts Center for New River Valley information and programs Catalogs from mail order companies (L. L. Bean, etc.) Count Pulaski Day programs, poster and information Wooden nickels from merchants Menu from restaurant Bra Pair of Nike tennis shoes Telephone Birth control pills, IUD's, Dalkon shield Cosmetics - lipstick, blusher, eye shadow, nail polish Tylenol, band-aids and other health aids Letters from school children in 4th grade Toys - Cabbage Patch doll, truck Children's baseball cards, candy and stickers Halloween mask Music tape/cassette Virginia map and USA map Centennial Edition of Southwest Times Messages from Pulaski citizens Pictures, photos of Centennial events Jeans from Lee Industry Christmas decorations Christmas card Hensel Eckman YMCA brochure Egg. carton Milk carton Disposable razor, bar of soap, deodorant Pair prescription eye glasses (woman's) Sugar substitute - Sweet N' Low Almanac Calendar Flower seeds and Burpee Seed Catalog Gifts from the Mayor of Ashburton, New Zealand - Sister City Instamatic camera. Sports memorabilia - Recreation Department T-shirt, Gary Clark card, schedules, etc. Coca.-Cola bottle Now cigarettes Pamper diaper Solar-powered pocket calculator Computer disc American flag Dental instruments Medical information and pamplets Woman's blouse Ballpoint pen Pulaski telephone book $1.00, $5.00, $10.00 bills and coins in set Stamps Posters- celebrating 100 years of postage stamps Statue of Liberty memorabilia. Posters celebrating 100th Birthday of Statue of Liberty Pulaski Historic District Preservation Plan 8158 January 6, 1987 Time Capsule Items, continued: CENTENNIAL Roster of all children in elementary schools in Pulaski CONT. products made in Pulaski Club, organizations rosters Church bulletins and church rosters Bible Church Hymnal Centennial items - derby hat, coin, plastic cups, posters, etc. Bumper stickers T-shirts Sears Centennial catalog County Fair Book House paint samples and charts City ordinances and minutes from Town Ca.uncil - 1986 Comprehensive Plan for Town of Pulaski Resolutions, Proclamations, letters - President, Senators, Representatives, State Representative, Governor, Lt. Governor, Attorney General, Mayor and Town Manager 1986 car information and prices Federal tax information and forms Division of Motor Vehicles information Map of Town of Pulaski A copy of the Centennial Committee's minutes of their first meeting will be included the next Council meeting minutes. The Centennial Committee was commended on their work this year. The CABLE TV EMPLOYEE HEALTH INS. members of the committee will be invited to the January 20th Council meeting for recognition. . Mr. Terwilliger requested to prepare a resolution to be enacted at the January 20th meeting honoring the Centennial Committee. Mayor Hancock requested that Government Day be held again this year with pupils from the Middle School participating. Councilman Graham questioned the increase in cable T.V. rates and rescheduling of programs by the new owners of the cable franchise. Mr. Terwilliger advised the cable company could charge whatever rate they wish as federal law prohibits Council from setting rates or scheduling programs. Present franchise cannot be cancelled unless they are in breach of it somehow, but another franchise could be awarded. Council would still have no way of enforcing oral promises as to what their rates would be. Mayor Hancock did not participate in this discussion. REPORT OF TOWN MANAGER 1 Mr. McKeever stated there had been some discussion as to whether the employee insurance accurately meets what has been offered in the past. There has been an exclusion for chiropractic care. Carrier would charge us approximately one to two percent of the annual cost or $1,200/year for this coverage. Only one employee uses this coverage on a regular basis. Council expressed concern that health coverage was not the. same as last year. Councilman Neblett made a motion that we keep our insurance coverage the same as we had last year. Motion did not receive a second. Councilman Crawford so moved this matter be referred back to the Finance Committee and bring recommendation back to next meeting, seconded by Councilman Graham and carried. Mr. Terwilliger read a resolution setting forth the Town's payment of $55.93 for each employees health care coverage. Councilman Johnston made a motion that resolution be adopted, seconded by Councilman Crawford and carried on the following recorded vote: January 6, 1987 John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye W. H. Schrader - Aye Andrew L. Graham - Aye< RESOLUTION EMPLOYEE SETTING FORTH TOWN'S PAYMENT TOWARD HEALTH EMPLOYEE HEALTH CARE INSURANCE INSURANCE WHEREAS, on December 16, 1986, at the regularly scheduled meeting of the Town Council, the Town Council did accept a bid on employee health/ medical insurance from Great West Life Insurance Company, which bid was in the amount of $55.93 per employee with family cost of $161.43; and; WHEREAS, the Tawn has in the past paid a portion of employee health care coverage; 8159 NOW, THEREFORE, be it resolved by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on January 6, 1987, that the Town pay the sum of $55.93 toward each employee's health care coverage through the Town's current insurer. This sum is to be paid until further resolution of the Town Council, but is specifically subject to such further action of the Town Council a.s it deems in the best interest of the Town and its employees. This Resolution is effective upon adoption and is adopted this 6th day of January, 1987. Mr. Terwilliger_ requested that we get a definite dollar figure to ascertain that we do have the low bidder. 1 ENCROACH- Mr. Terwilliger presented an ordinance allowing an encroachment upon Town MENT property of a fence and building of property being purchased by Joseph N. and Nancy J. Morgan. Councilman Crawford so moved that Council approve the encroachment, seconded by Councilman Schrader and carried. Councilman Neighbors so moved that reading of the ordinance be waived, seconded by Councilman Glenn and carried. Councilman Johnston so moved that ordinance 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 Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye W. H. Schrader - Aye Andrew L. Graham - Aye ORDINANCE AN ORDINANCE PERMITTING AN ENCROACHMENT PERMITTING UPON TOWN PROPERTY BY A FENCE AND BUILDING ENCROACHMENT ON A TRACT DESIGNATED AS THE NORTHERN PORTIONS OF LOT NOS. 1, 3, and 5, BLOCK 28, OF THE TOWN OF PULASKI, VIRGINIA BEING PURCHASED BY JOSEPH N. MORGAN AND NANCY J. MORGAN BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 6th day of January, 1987, that; WHEREAS, certain chain link fences and the northeast corner of a garage already existing on the northern portions of lots one, three, and five, Block 28, in the Town of Pulaski, Virginia., have been found to encroach upon the 40 foot right-of-way of Ninth Street and a 12 foot alley which bound the northern and eastern sides of said lots; and, WHEREAS, the extent of said encroachments are shown on a plat entitled Physical Survey for Joseph N. and Nancy J. Morgan, of the N. Portions of Lots No. 1, 3 an (sic) 5, Block 28, as shown on the Official Map of the Town of Pulaski, Pulaski County, Virginia", dated December 13, 1986, and prepared by Neal H. Wirt, Registered Surveyor; a.nd, WHEREAS, Joseph N. Morgan and Nancy J. Morgan have a bona fide contract to purchase said property and wish to clarify their rights, duties and obligations for themselves, and their successors and assigns, prior to 8160 January 6, 1987 the purchase of said property; and, ORDINANCE WHEREAS, the .encroachment has existed for a substantial number of years CONT. and there is no reason to know that the encroachment has interfered with or obstructed the use of either the right-of-way of Ninth Street or the aforesaid alley; and, WHEREAS, the Town Council has previously allowed an encroachment by certain buildings on the southern portions of Lot Numbers 1, 3 and 5, Block 28, by Ordinance adopted August 20, 1985, and no problems have resulted from the allowance of said encroachments; NOW, THEREFORE, BE IT ORDAINED, pursuant to Section 15.1-1-377 of the 1950 Code of Virginia., as amended, that Joseph N. Morgan and Nancy J. Morgan, upon purchase of the subject property, and thereafter themselves, their successors and assigns, be and hereby are, authorized to maintain said encroachments as they currently exist as shown on the aforesaid plat of December 13, 1986, until such time as the fence or garage is destroyed or removed, or until such time as the Town of Pulaski paves Ninth Street to the full width of the existing 40 foot right-of-way. BE IT FURTHER ORDAINED that when and if any portion of said building or fence be removed or destroyed, then this authorization shall at once cease as to the encroachment along such portion of the building or fence destroyed or removed, although upkeep of the existing fence or building is permitted so long as it does not expand the encroachment; and, further, this authoriza- tion is subject to the proviso that nothing herein contained shall be construed to impose upon this municipality any obligation whatsoever for the existence of said encroachment or to impose upon this municipality any liability to any person whomsoever by reason of this authorization and that nothing herein contained shall be construed to relieve said owners, their successors or assigns, of any liability for negligence on their part or otherwise on account of such encroachment. THIS ORDINANCE shall be in full force and effect upon its adoption according to its terms, and is adopted this 6th day of January, 1987. PEAK Mr. McKeever advised that a report from the Director of Public Works had been CREEK distributed detailing some of the flood damage from December 24th and some FLOODING of the action that had been or will be taken to correct the problems. Mr. McKeever also distributed letters from Carter Glass, annexation attorney, and M. H. Wilkenson, Executive Director of the Commission on Local ANNEXATION Government. The Commission is requesting a 30 day extension in filing their report on the Town of Pulaski and County of Pulaski annexation case. This is primarily due. to their workload. Councilman Glenn so moved that Council approve the extension, seconded by Councilman Crawford and carried. Councilman Neblett made a motion that Council go into Executive Session under 2.1-344 {Al), personnel matter, seconded by Councilman Neighbors and carried. At 4:56 p.m. Council went into Executive Session. At 5:35 p.m. Council returned to regular session on motion made by Councilman Glenn, seconded by Councilman Graham and carried. At 5:36 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councilman Crawford and carried. APP VED: / ~ ATTEST: ~~ ~ ' ; C' Mayor ~~ Clerk of Council