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HomeMy WebLinkAbout06-16-878234 June 16, 1987 Minutes of the regular meeting of the Pulaski Town Council and Public Hearing held jointly with the Town Planning Commission held June 16, 1987, at 7:00 p.m. in the Council Chambers of 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, Ira S. Crawford, Mary Lou Copenhaver Planning Commission: Dr. A. W. Anneski, Chairman, William T. Smith, Jr., Roy T. Rives, Ben Tate, Roy D'Ardenne, Tamera Nash 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, Bob Thomas, Tracy Wimmer of the news media Elizabeth Jackson Hazel and Telford Martin Billy Hickam Cecil and Frances Ratcliffe Mr. and Mrs..>David Webb 14 area citizens The invocation was given by Councilman Glenn. Mayor Hancock advised the purpose of the joint public hearing was to gather PUBLIC citizen input concerning the proposed adoption of the Historic Zoning Map. The HEARING Historic Zoning Ordinance was adopted on January 20, 1987, and in order to HISTORIC be enforceable on July 1, 1987, we must adopt the map. ZONING No one from the public spoke for or against the adoption of the Historic MAP Zoning Map. At 7:05 p.m., the Planning Commission adjourned to another room to discuss and bring their recommendation back to Council. Mayor Hancock adjourned the public hearing on the Historic Zoning Map. Mayor Hancock advised the second public hearing scheduled for this meeting was the public hearing on the proposed General Obligation Bond Issue. Mayor PUBLIC Han~.ock proceeded to ask citizens for their input into the proposed $4 million HEARING dollar issue. He advised that bond issue can be done with or without a GENERAL referendum. OBLIGATION Ms. Elizabeth Jackson, 5th & Jefferson Ave „ addressed Council with her BOND concerns regarding the bond issue. She stated the cemeteries should be fixed ISSUE before the downtown area, saw no purpose in sidewalk for Memorial Drive, felt lighting for Rt. 11 and Rt. 99 was expensive and also that the expense designated for Loving Field, Calfee Park and the recreation programs was too high. She was pleased with the street sweeper. She also questioned putting money into recreation at Gatewood. Ms. Jackson realized we had to have water improvements, but felt there was not much we could do with the flooding on Dora Highway. At 7:10 p.m., the Planning Commission returned to meeting. Mrs. Hazel Martin, Mathews Court, stated that they did not have a street and they need streets in Mathews Court area before a sidewalk was installed on Memorial Drive.. 1 June 16, 1987 8235 Mr. Bill Hickam advised he was disturbed about the total sum of four million dollars as this was over $1,000 a head per household. He felt proposed sum for downtown improvements was high and also that lights were already on Rt. 11 and Rt. 99. He also questioned the purchase of radios. 50~ of the traffic accidents occur on Rt. 11 and Rt. 99 and 50~ of these accidents occur at night. The radios are 13 to 27 years old and when originally purchased, some of them were used. Mr. Hickam felt the sidewalks should be installed at the schools rather than Memorial Drive . He also questioned why the water treatment plant had to be expanded. He was informed the Health Department has advised us that we must upgrade the water treatment system regardless of how much water we produce. Mr. Hickam spoke briefly on the loss of our revenue sharing money and the purchase of a new street sweeper. He was pleased to see the street work and new sidewalks that have been repaired. Mayor Hancock advised that all items in the bond issue are proposed items, and Council is continuing to review. P~hblic Hearing on bond issue adjourned by Mayor Hancock. Dr. Anneski, Chairman of the Planning Commission, commended Miss Anne Burgess for her outstanding and invaluable service to the Planning Commission. Mr. D'Ardenne advised the Planning Commission concurs with the recommendation of both the Architectural Review Board and Mr. John Cofer that the boundaries for the Commercial Historic District be established as were recommended to Council. Mayor Hancock thanked Dr. Anneski and the Planning Commission for .all their work on this project. Councilman Glenn made a motion that we accept the recommendation from the Planning Commission and adopt the Historic Zoning Map, seconded by Councilman Neblett and carried on the following recorded vote: HISTORIC John A. Johnston - Aye James R. Neighbors - Aye. ZONING MAP Robert N. Glenn - Aye W. H. Schrader - Absent ADOPTED Andrew L. Graham - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye Mrs. Hazel Martin addressed Council, asking for help the repairing of 'streets in MATHEWS Mathews Court.Mayor Hancock advised that Council had been advised that Mr. COURT Jackson had the obligation to put this road in and apparently failed to do so: This has been the problem that Council has had in the past. !Mr. McKeever stated the Town does have some responsibility for the sewer andinadequate. The lines will most probably be installed in the right of way. The Health Department has advised that our lines are inadequate. History shows that Federicks Ave. and Mathews Court have never been accepted into the Town's street system. The Planning Commission has great concern over trying to respond to the citizens of Mathews Court. Anne Burgess had previously prepared a report on the history of the Fred Jackson Subdivision and at no time did the Planning Commission or the Council accept those streets as part of the Town's street system and since that time the Town has not provided any street maintenance. After considerable discussion, Mayor Hanocck advised that Town Manager was working to obtain an exact quote on what it would cost to bring this road up to standard. This issue will be reviewed again and citizens will be notified 8236 June 16, 1987 so they can return.On motion made by Councilman Neblett, seconded by Councilman Neighbors and carried, the minutes of the regular meeting of June 2, 1987, and mnutes,of the public hearing held June 9, 1987, were approved as submitted. SPRING .:Mr. McKeever is to bring a report to Council on the .spring at Jefferson Mills. JEFFERSON MILLS A 30 day deadline from the time this was discussed at the June 2 meeting was given to Jefferson Mills to have this matter corrected. UTILITIES COMMITTEE PEPPERS Chairman Johnston advised that dedication and open house was held at Peppers FERRY Ferry on June 12, 1987. He also advised that the flow was down. PUBLIC AND PERSONNEL RELATIONS, NOMINATING COMMITTEE Chairman Neblett had no report, however, requested that a committee meeting be scheduled as 2-3 appointments needed to be discussed in the near future. PUBLI®.'.OP.ERATIONS COMMITTEE Chairman Neighbors had no report. FINANCE COMMITTEE Chairman Crawford stated the committee had met on June 9, 1987. Discussed was the fact that our Peppers Ferry ray bill was down $34,000 due to lower flow. The I & I testing is approximately 85~ complete. BRIDGES/ A bill has been received from the Virginia Department of Transportation covering RED the Town's 5~ local share of the two bridges across Peak Creek and the traffic light. LIGHT at Bob White and Memorial Drive. Chairman Crawford moved that $45,023.91 be appropriated to account No. 4102- 7014 from General Fund Unappropriated Surplus and same be approved for expenditure. Motion seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye W. H. Schrader - Absent Andrew L. Graham - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye ANNEXATION Chairman Crawford advised annexation legal fees billing from Mays Valentine for their work between February 10 and Ap ril 15,1987, and so moved that $4,687.29 be appropriated to account No. 1224-3002 from General Fund Unappropriated Surplus and same'bQ approved for expenditure, se conded by Councilman Glenn and carried on the following recorded vote: ,,i' John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye W. H. Schrader - Absent Andrew L. Graham - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye Chairman Crawford advised the commit tee had some discussion on the cemeteries, the data processing with the County, the water plant grant and the 1987-88 recreation budget. He stated a policy will have to be adopted on how the UDAG loan program money will be used. Council was informed that a donation request had been received from the Pulaski County High School Vocational Industrial Clubs of America to make a trip to Leadership Olympics to the held in Wichita, Kansas. The Committee supports this group, however, a donation cannot be made. CEMETERY ' Mayor,Hancock requested that Mr. McKeever circulate to Council the study. which REPORT Miss Burgess made several years ago on the cemeteries as he felt it should be dis- cussed while the bond issue was ongoing. A lot of improvements need to be made at the cemeteries. A joint meeting of Council and the Cemetery Trustees will be set at a later date. Councilman Glenn made a motion that a special meeting of Council be held on June 23, 1987, at 4:00 p.m. for the purpose of adopting the 1987-88 budget, seconded by Councilman Crawford and carried. ORDINANCE COMMITTEE Chairperson Copenhaver had no report, however, advised the committee meeting i ', June 16, 1987 `8237 scheduled for June 23, 1987, had been cancelled. MAYOR'S REPORT Mayor Hancock stated a very nice meeting was held with Councilm~:n and~~Mrs. Graham Lane from' Ashburton,~~:~New Zealand. TOWN ATTORNEY'S REPORT Mr. Terwilliger presented an ordinance adopting land use evaluation for real estate taxation. Councilman Neblett moved that reading of the ordinance be waived, seconded by Councilman Neighbors and carried. Councilperson Copenhaver made a motion that ordinance be adopted, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye W. H. Schrader - Absent Andrew L. Graham - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye ORDINANCE ORDINANCE LAND USE EVAL. ADOPTING LAND USE EVALUATION FOR REAL ESTATE TAXATION WHEREAS, the Town of Pulaski, Virginia, has entered into an annexation agreement with the County of Pulaski, Virginia, wherein one requirement is that the Town of 1?ulaski adopt a land use assessment for the area to be annexed into the Town; and, WHEREAS, pursuant to Section 58.1-3231 of the Code of Virginia, as amended, an Ordinance to provide for use value assessment and taxation must be adopted no later than June 30th of the year previous to the year in which taxes are first assessed and levied; and, WHEREAS, the adoption of use value assessment and taxation will benefit the owners of real estate devoted to agricultural, horticultural, forest or open park use; NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session on June 16, 1987, that a land use valuation Ordinanc in the form attached hereto, be and hereby is ADOPTED, WITH AN EFFECTIVE DATE of January 1, 1988. ~' The Town Manager is authorized to renumber this ordinance for incorporation into the Town Code, so long as the substantive portions of the Ordinance remain unchanged. uRDtNA:vcE ADOPTING USE b'ALUE .a~SESSME:'~T AND TAXATION FOR REAL ESTATE IN THE T'OYfIN OF PULASKI , VIRGINIA AS OF JANUARY 1•, 1988 Section 1. Findings of the Town The Town finds that the preservation of real estate de~~oted to agricultural, horticultural, forest and open space uses within its boundaries is in the public interest and, having heretofore adopted a land use or ,~co~aprehensive plan, pursuant to the Code of Virginia, hereby ordains that such 'real estate shall bt taxed in accordance with the provisions of Article 4, Chapter 32, Title 58,1 of the Code of Virginia, as mended, and of this Article. hection 2. Application for classification and assessment (a) The owner of any real estate in Pulaski County, Virginia, which on January 1, 1988, will also be within the corporate li.~its of the Town of Pulaski, Virginia, may, on or before November 1 of each year, Hake application to the Co^rissioner of ttie Revenue for Pulaski County, Virginia, in accordance with Article 4 of Chapter 8 of the Pulaski County Code, as amended, for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures set forth in Article 4, Chapter 32, Title 58.1 of the 1950 Code of Virginia, as amended. 1, 8238 .June 16, 1987 o~~~~zancE (b) Such a~ppliution shill be in accordance xith the procedures set CONT~tIUED forth in said Pulaski County Code and on such fors as are provided by the State Department of Taxation and Pulaski County. (c) Any parcel recognized by Pulaski County for special assessment for agricultural, horticultural, forest and open space uses, shall be recognized as such by the Town of Pulaski, Virginia, without further application, and any application denied oy the Commissioner of Revenue shall be deemed denied by the Town of Pulaski. Section 3. Ad•inistrative costs of application. Nothing contained herein shall be deemed to 1i~eit the right of the Commissioner of the Revenue to make reasonable charges of fees to any applicant for adsinistering the application. Section 4. Extension of tiie for filing application. :1ny extensions of time granted by the ~:~xnmicsioner of ~P~"enu? in accordance with the Pulaski County Code will tie recognized o~ the Town o± Pulaski. ! Section 5. determination of use classification. The Commissioner of Revenue shall make such classification in accordance with the procedure set forth in Pulaski County Code and t.ne C~dc~ of ~'ir~;inia, as amended. Any classification so made will be recognized c~" the To~,"n of Pulaski. Section 6. Fair market and use value. The use value and fair market value of any qualifying property shall be placed on the land book before delivery to the Town Treasurer, and the tax for the next succeeding tax year shall be extended from the use value. Section 7. Roll-back tax. (a) There is hereby imposed a roll-back tax and interest thereon in such aawunts as nay be determined under Section_.58.i-3237 of the Code of Virginia, upon any property as to which the use changes to a nonquaiifying use. (b) The owner of any real estate liable for roll-back taxes shall report to the Ca®issioner of the Revenue, on forms to be prescribed, any change in the use of such property to a nonqualifying use and shall pay the roll-back tax tnen due. On failure to so report and pay within sixty days following such change in use, such owner shall be liable for an additional penalty equal to ten percent of the amount of the roll-back tax and interest, which penalty shall be collected as apart of the tax. In addition to such penalty, there is hereby imposed interest of one-half of one percent of the amount of the roll-back tax, interest and penalty, for each month or fraction thereof during which the failure continues. (c) Any person making a material :misstatement of fact in any application filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate in the taxing jurisdiction, together N~ith interest and penalties thereon. The owner shall be further assessed kith an additional penalty of one Hundred percent of such ~,uipaid taxes. Section 8. Applicability of Title S~?.1 of the State Code. The provisions of Title 58.1 of `ne Code of Virginia snail be applicable to local levies and real estate assessment and taxatior: shall be applicable to assessments and taxation hereunder m:.itatis mut ~ndis including, w"itno~.:r limitation, provisions relating to t;ix liens and the correction of erroneous assessments. For such purposes, the r,^11-beck taxes small ap considered to 7e deferred r~_~al estate 'axes. June 16, 1987 8239 Mr. Terwilliger stated that Council might want to consider adding into the new subdivision and new zoning draft language, a mandatory bond requirement for developers so that the roads and streets would have to be put it. He suggest- ed~aiprovision be put in that no future Planning Commission or Council can waive the bond requirements. TOWN MANAGER'S REPORT Mr :' McKeever advised that the applicants for the dance hall permit had requested this application not be heard at this meeting. Mr. McKeever advised the progress report on the I & I study had been distri- buted. Testing is approximately 89~ complete of the original 210,000 feet of the system. A report will be available once Eastern Utilities' analysis has been completed. Mr. McKeever announced that the Town offices would be closed on Friday,'.. July 3rd, in observance of Independence Day. Mr. Joe Morgan, County Administrator, has advised that a public hearing will be held June 22nd in the Board of Supervisor's meeting room regarding thie request to close a portion of Route 712 at Gatewood. The July 4th celebration was briefly discussed. Councilman Glenn advised that Old Dominion Insurance was still trying to find a company that will write the coverage for the fireworks display. A donation to the celebration will be discussed at the special meeting on June 23rd. At 8:00 p.m., Councilman Neblett made a motion to adjourn, seconded by Councilman Glenn and carried. APPROVED: Ma or ATTEST: C1 rk of Council