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HomeMy WebLinkAbout08-06-85ri August 6, 1985 ~ Minutes of the regular meeting of the Pulaski Town Council held August 6, 1985, at 4:00 p.m, in the Council Chambers in the Municipal Building. There were present: Vice Mayor James R. Neighbors, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, C. E. Boyd, Ira S. Crawford, Glen K. Aust Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Anne Burgess, Assistant to the Town Manager Ruth A. Harrell, Clerk Visitors: Eric Randall, Pierre Thomas, Dee Lindsey of the news media Mr. and Mrs. William B. Sanders Mr. Conway Smith Vicki Futrell Lorna. Vink 3 area citizens The invocation was given by Councilman Boyd. The minutes of the regular meeting of July 16, 1985, were approved as published. Mr. William B. Sanders, registered speaker, advised his attorney had been in contact with McKeever regarding their problem, and was informed committee TRAFFIC meetings would be held regarding the traffic ordinance. He is hopeful problem ORD. will be solved during these meetings. Mr. Conway Smith (9th & Jefferson) advised that there is a problem on 9th Street between Prospect and Jefferson as the pavement is very narrow. With cars parked on both sides of street, there is not enough room to drive through. He suggested parking on only one side of street and letting people park in either direction as there is very little traffic on this street. Mr. McKeever advised that in telephone conversation with Mr. Ingram, he had asked if there is a possibility of putting parking on one side of 9th Street which would alleviate some of the problem. Committee report to be given will indicate we are governed by the State law and perhaps the exceptions that are covered by our ordinance are not permitted and our ordinance will have to conform to the State law. State law is suggesting parking can only be permitted on the right side of highway or roadway unless it is a one way street. If we prohibited parking on one side of the street, they would still be governed by the other applicable statutes which say that you have to park to the right side of the road. ORDINANCE COMMITTEE Councilman Glenn, in absence of Chairperson Copenhaver, turned the floor over to the Town Attorney for this portion of committee meeting regarding traffic ordinance. Mr. Terwilliger advised that on traffic ordinance we passed recently, there has not been any real change from prior ordinances. An exception has been built in on the parking facing with the flow of traffic since the 1972 version of the code. In reviewing the ordinance, the State Code says with the flow of traffic only and no exceptions are built in. The enabling statutes say that we pass any parkingregulation in the Town as long as they are not in conflict with the State Code. In Mr. Terwilliger's opinion, it is in conflict with the State Code by building in exceptions and he has recommended to the Ordinance Committee there are some other changes needed for the Town Traffic ordinance. He has recommended we remove the exceptions. If officers ticket under just the State Code, the revenues go strictly to the State; if they ticket under Town Code, we get a portion of the revenue. ~¢~ liV August 6, 1985 They have not talked about whether we should make a particular street parking on one side or not. This decision can be made based on engineering studies. There is a provision in code that even on streets right now where parking is on both sides, if there is a car parked and you park across from it in such a way as to leave less then 10 feet of open pavement this is illegal. The second car coming in and parking directly across the street would be parked illegally even though parking is allowed on both sides. Complaints have also been received regarding washing cars on the street. Washing cars on street was discussed by committee and they felt it unfair that people without driveways could not wash their cars on street, however, mechanical work is not to be performed unless of an emergency nature. Council discussed making some streets one way and Code provides for Council to make this decision directly, or to delegate to Town Manager. Ordinance committee requested another public hearing on this ordinance for more public input. Councilman Neblett so moved that public hearing be held at next Council meeting, seconded by Councilman Boyd. Mr. Sanders requested more time before public hearing. Councilman Neblett withdrew his motion and Councilman Boyd withdrew his PUBLIC HEARING SCHEDULED second. Councilman Boyd so moved to change our September 3, 1985, council meeting from 4:00 p.m. to 7:00 p.m., seconded by Councilman Neblett and carried. Councilman Johnston made a motion that we have a public hearing on the subject of the traffic Ordinance on September 3, 1985, at 7:00 p.m., seconded by Councilman Glenn and carried. Councilman Neblett made a motion that we have the September 20, 1985, at PEPPERS FERRY 4:00 p.m. instead of 7:00 p.m. Motion did not receive a second. UTILITIES COMMITTEE Chairman Johnston advised that groundbreaking ceremony was held July 30, 1985, with a very good attendance at the Regional Wastewater Treatment Facility. Chairman Johnston advised that Council needed to concur with action taken by the Peppers Ferry Authority in accepting the low bid of $2,195,112 for contract 4B. Bid was $245,000 over engineering estimate. Councilman Crawford made a motion that we concur with the decision made by Peppers Ferry Regional Wastewater Treatment Authority to accept bid of $2,195,112, 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 POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report. James R. Neighbors - Aye Ira S. Crawford - Aye Mary Lou Copenhaver -Absent Glen K. Aust - Aye Chairman Glenn also advised there was no further report on the Ordinance Committee. PERSONNEL, PUBLIC RELATIONS AND NOMINATING COMMITTEE Chairman Neblett had no report. RECREATION AND PARKS COMMITTEE Chairman Neighbors had no report. LAND, BUILDINGS AND STREETS COMMITTEE 1 ~~ Chairman Boyd had no report, however, reported one concern as dirt continues August 6, 1985 ~~ ~,~ STREETS to come into Memorial Drive and Bob White Blvd. which has created a problem during heavy rains. Mr. McKeever advised the dirt is coming off property located at Bob White Blvd. and Memorial and entering a drainage line which runs under Memorial Drive. When it rained heavily, it clogged the line and forced dirt and water onto the highway. There is an issue as to whether property is in compliance with the Erosion .and Conservation Ordinance. And also there is an issue as to whether, when the State law and our ordinance was adopted, that particular property has been grandfathered, and not governed by ordinance. This is being investigated to solve problem and to determine liability. Mr. McKeever advised that the traffic light at Bob White Blvd. and Memorial has been put out to bid again.Vice Mayor Neighbors advised a stop sign has been approved for Prospect Avenue and 8th Street. We were waiting for paint to come in to line street and writing "stop" on street. We have been requested to go ahead .and install the stop sign. Other intersections needing better control were also discussed. FINANCE COMMITTEE Chairman Crawford advised the Finance Committee met July 30, 1985. The PEPPERS committee discussed funding for our Peppers Ferry project and recommended that FERRY/ FINANCE Town Treasurer and Town Manager obtain quotes on interest rates from banks and establish open line of credit, and bring back to Council. Chairman Crawford advised that with using the Virginia. Department of Taxation Debt Set-Off Program, the Town has cleared $153.20 of previously uncollectable water accounts. We anticipate clearing at least another $208.18 under this program. Chairman Crawford advised a standby pump was needed at the Sewage Treatment PUMP Plant. The New Jersey Sewage Authority has available three pumps and supporting Sewage Treatment materials that we can purchase for $2,500. It is recommended .this amount come Plant out of the regular operating account and there may be a date later on that we will need to make an additional appropriation. Chairman Crawford advised we have $26,000 budgeted for a dump truck and EQUIP. committee feels we could wait another year to purchase. At the present time, we need a garbage truck and 16 dumpsters. Committee recommended that Town Manager take bids on a new chassis for the garbage truck and at the same time, take a look at some dumpsters. While the Town Manager is taking bids, he has been requested to pursue with the County the matter of the agreement with the County as our direct garbage needs are in relation as to how the agreement is going to work out. Chairman Crawford advised we had old buildings to be torn down and low bid of $6,975 has been obtained. $5,000 has been budgeted to cover this project and OLD another $5,000 is needed to tear down additional houses. Five houses have initially BLDG. TO BE been targeted to tear down. TORN Chairman Crawford moved that $5,000 be appropriated to account No. 4202- DOWN 5407 from General Fund unappropriated surplus for the purpose of providing additional funds to tear down houses, seconded by Councilman Boyd 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 -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Aye '78 ~'~ August 6, 1985 NEW Chairman Crawford advised the New River Valley Airport had made an additional RIVER request of money from Council. This request was not received prior to preparation VALLEY AIRPORT of the budget, therefore, it was not included in the budget. Request amounted to $1,755. The Finance Committee had mixed feelings on this request and wished to bring this matter to the .attention of full Council as they felt it was a double tax on the Town of Pulaski. Mr. McKeever stated the $1,755 is an increase over last year's appropriation. Last year, we appropriated approximately $9,000 and this year they are asking for $11,000. Last year, the $9,000 was about $4,000 above our normal contribution of approximately $5,000. This is what we budgeted last year. This is an additional $5000-$6000. Last year, we were advised it was a one-time capital improvement appropriation. Councilman Boyd make a motion that the request be denied of the additional $1,755, and pay only what is approved in budget in the approximate amount of $5,200, seconded by Councilman Crawford. ' Council discussed this subject at length. 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 -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Crawford also advised the committee discussed the Fair Labor Standards Act in relation to our Town employees. PUBLIC SAFETY COMMITTEE Chairman Aust had no report, however, reported he had received calls from citizens on Route 11 regarding their sewer. They were requesting when Town Could do this project. Mr. McKeever advised that low bid for this project was $48,000 and it was postponed last year. It is recommended it go into the proposed bond issue. REPORT OF TOWN ATTORNEY Mr. Terwilliger had no further report, however, requested an Executive Session on several legal matters under 2.1-344, A6 at the close of the meeting. REPORT OF TOWN MANAGER Mr. McKeever stated that included in packet was a report covering the history CEMETERIES of the Town owned cemeteries with recommendations. He asked that Council review report and probably in the near future, Council would like to refer this to the Land and Buildings Committee for their review. Councilman Boyd requested a copy be forwarded to the Cemetery Trustees and possibly they could also meet with Committee. Also a public hearing might be considered. Mr. McKeever advised that a request had been received from Mark Bower at ENCROACH- $16 North Jefferson Avenue indicating a wall to the front of the house and a MENT building at the rear of the property is encroaching on Town property. Recommendation was made that the Town Attorney prepare an ordinance allowing the encroachment. Mr. Terwilliger advised a public hearing should be scheduled. Councilman Neblett made a motion that public hearing be scheduled for September 3, 1985, at 7:00 p.m., seconded by Councilman Glenn and carried. Mr. McKeever presented a lease agreement between the Town of Pulaski and the Vance LEASE - Company to property at 116 1st Street. The lease expires August 15, 1985. This VANCE CO. agreement extends the agreement one year with an option for another year, at .$.50.00 per month, McKeever also presented a resolution authorizing the Town Manager to execute the lease with the Vance Company. Councilman Neblett moved Aug. 6, 1985 -'yp a~~ the reading of resolution be waived, and resolution be adopted as presented, seconded by Councilman Aust and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira 5. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Absent VANCE CO. C. E. Boyd, Jr. - Aye Glen K. Aust - Aye LEASE Cont. RESOLUTION WHEREAS, the Town Manager has this day presented to the Council a Lease Agreement between the Town of Pulaski and Vance Company, Inc. for an additional term of one year with an option to renew for another year under the terms set out in the Original Lease and this Lease for the Town's building on the north side of First Street, North, in the Town of Pulaski, Virginia.. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulask, meeting in regular session on this 6th day of August, 1985, that: The aforesaid Lease this day filed with the Council in its present form between the Town and Vance Company, Inc., for an additional one year lease of the Town building, within the Town, be, and the same is hereby approved. BE IT FURTHER RESOLVED that Daniel E. McKeever, Town Manager, shall execute the contract on the part of the Town and Ruth A. Harrell, its Clerk, shall attest same. ADOPTED this 6th day of August, 1985. Mr. McKeever advised the landfill received a satisfactory/in compliance report. Several items are being worked on to improve the landfill. AUCTION Mr. McKeever stated the Town auction was held and it netted $15,744.96 which has been returned to the General Fund. Mr. McKeever also requested an Executive Session under 2.1-344 (6) for a legal matter and a personnel matter. Councilman Boyd so moved that Council go into Executive Session, seconded by Councilman Glenn and carried. At 4:58 p.m. Council went into Executive Session. At 5:53 p.m. Council returned to Regular Session. At 5:54 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilman Boyd and carried. APPROVED: ~- Vice-M~r ATTEST: Cle k of Council