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HomeMy WebLinkAbout09-03-85August 20, 198s ~~~9 AMENDMENT N0. 1 TO ARMORY RESOLUTION This Resolution entered into this 10th day of August, 1985, by and between the Town of Pulaski, Virginia, Party of the first part, referred to as Town, and the COMMON- WEALTH OF VIRGINIA, .DEPARTMENT OF MILITARY AFFAIRS, Party of the second part, here- inafter referred to as DMA, will amend the Armory Resolution dated April 1, 1958 1. The Town agrees to: A. Reaffirm its commitment to provide the operational cost as outlined in the original Resolution dated April 1, 1985 (ie. Lawn care, heating fuel, janitorial, etc.) B. Reaffirm it's commitment to continue the routine maintenance and repair cost as outlined in the original Resolution (ie. light bulb replacement, lubrication of motors, air filter changes, etc.) 2. The DMA agrees to: A. Reimburse the Town the approved costs of major repairs (ie. boiler replacement, roof replacement, etc.) of the armory. B. Reimburse the Town for up.to 25~ of their routine maintenance and operational costs, upon approval of proof of payment from the Town. C. Allow the Town to retain .any rental receipts collected, up to actual expenses incurred for routine maintenance and operation. IN WITNESS WHEREOF, the parties hereto have affixed their signatures and seals. This Armory Resolution is accepted as of this 10 day of August, 1985. 10 August 1985 by s/John G. Castles Date Major General, VaARNG The Adjutant General Mr. McKeever advised registration forms to VML Conference had been distributed and room reservations need to be in by August 22, 1985. Reservation will be made for one room for Council's use. Registration forms should also be turned in as soon as possible. . Mr. McKeever stated the Town had received a $25,.000 Community Development GRANTS Block Planning Grant in order to plan the housing grant that has been discussed. Mr. McKeever advised there is a public hearing on proposed water policy legis- PROPOSED lation in Abingdon on August 29 at 7:30 p.m. There is also a public hearing by the WATER LEGISLA. Planning District Commission. on August 22 at 8:00 p.m. This legislation may become the most important consideration of the 1986 General Assembly as this act would govern the location of water sources and perhaps redirect water to locations where a source of supply is limited. Mr. McKeever urged the Utility Committee members to attend these public hearings. Mr. McKeever advised the Town offices would be closed .Monday, September 2, 1985, in observance of Labor Day. Mr. McKeever also requested an executive session under 2.1-344 (Al) Personnel Matter, (A2) Real Estate Matter and (A6) Legal Matter. Councilman Boyd moved that Council go into Executive Session, seconded by Councilman Neblett and carried. At 8:02 p.m. Council went into Executive Session. At 9:12 p.m. Council returned to Regular Session. At 9:13 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilman Boyd and carried. APPROVED: ATTEST: U . Clerk of Council GZ.....s~..I~ Vice Mayor `~~~0 Minutes of the regular meeting of the Pulaski Town Council held September 3, 1985, There were present: Vice Mayor James R. Neighbors, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, C. E. Boyd, Jr., Ira S. Crawford, Mary Lou Copenhaver, Glen K. Aust September 3, 1985 at 7:00 p.m. in the Council Chambers in the Municipal Building. 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 Mr. and Mrs. William B. Sanders Sheila Nelson Patricia. Rupe Carol Barnett Fred Gregory Polly Mitchell ,Greg Arehart Marvin Eanes Ruby Collins Herman Largen Edgar Hughett Alan Groseclose Alma Holston Nine area citizens The invocation was given by Councilman Aust. The minutes of the regular meeting of August 20, 1985, were approved as PUBLIC HEARING published. Vice Mayor Neighbors announced that as published, now was the time and place to hold a public hearing on the Motor Vehicle and Traffic Ordinance. Citizen comments would be turned over to the Ordinance Committee and decision would be made and given back to citizens at a later date. 1 MOTOR VEHICLE & TRAFFIC ORDIN. William B. Sanders, Jr. 829 Prospect Avenue, advised that Council was aware of his parking problem, and expressed appreciation for the stop sign installed at the corner of Prospect Ave., 8th Street and Washington Avenue. Sheila. Nelson, Pulaski Street, Patricia. Rupe, 300 5th Street, S.E. and Carol Burnett, 128 8th Street, opposed parking with the flow of traffic as they will have to park uphill and feel this is not safe. Councilman Johnston advised he had been informed it is permissible under statute to park vehicle off the road, not touching hard surface. Mr. Terwilliger advised he thought State Code uses the term highways as opposed to roadway in the definition section Title 46.1 distinguishes between the two. Roadway is paved edge; highway includes whole right of way. This includes any street, alley, or any type of right of way. In the statute that talks about parking with the floww of traffic and on the right hand side, uses the term highway as opposed to roadway. He will review Code and give to Ordinance Committee. Vice Mayor Neighbors advised parking with the flow of traffic was not only the Town Code, it is the State of Virginia Code. Town officers and State police have the rightto enforce this Code. It has always been in the code, but has not been enforced in the past. Section of Town Code regarding washing of cars on street will be pulled from ordinance, however, it is still a violation of the ordinance until it is amended. Mr. Terwilliger advised Council can pass any ordinance which regulates parking inside of the Town of Pulaski except that it cannot conflict with State law. There is a State law regarding parking with the flow of traffic; there is not anyting regarding washing of cars. The officers are sworn to enforce Town laws as well as State laws. If ticket states State Code, fine would go to the Commonwealth of Virginia; if you are cited for same offense of Town September 3, 1985. ~~~~ Code, the fine would then go to the Town. Mr. Sanders requested Council to repeal Chapter 16.1 and reinstate Chapter 16 of Town Code. He was informed that Chapter 16 of the Code states the same thing, however, it was not enforced. Councilman Glenn advised we could not request officers not to enforce the Code, Town or State. Fred Gregory asked if Town was in compliance with all State laws and was informed that Council felt sure we were not. Mr. McKeever advised the Municipal Code Corp. of Florida. has been authorized to rewrite the Town Code. Ordinances will be examined to make sure they comply with State law, State and U.S. Constitutions, and comply with recent Court rulings. Other comments received from citizens: Polly Mitchell, Prospect Ave., questioned violation fines going to the State and parking with the flow of traffic; Greg Arehart, N. Madison Ave., stated he saw article regarding ordinance in newspaper three days after receiving ticket and asked if it was publicized; Marvin Eanes, 1122 Randolph Ave.y advised on 11th Street, cars were parked headed up and headed down on same side of street and this is dangerous; and Ruby Collins, 625 Monroe Ave., is having a problem as she has no where to park. She requested a parking space in front of her home. Mr. McKeever is to take a look a this property. Public hearing was held in May on the traffic ordinance, with no one from the public attending. Councilman Neblett so moved this ordinance be turned back over to the Ordinance Committee, seconded by Councilman Boyd and carried. Herman Largen, President Blue & White Cabs, asked about the loading and unloading zones in shopping centers. He was informed these zones will be placed in the shopping malls, and will be a part of the same motor vehicle ordinance. As there were no further comments from the public, Vice-Mayor Neighbors called for Council Committee reports. UTILITIES COMMITTEE Chairman Johnston had no report. POLLUTION & SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS AND NOMINATING COMMITTEE GRIEVANCE Chairman Neblett advised thereadvised there was a vacancy on the Town's PANEL APPOINT. Grievance Panel and committee recommended that Mr. Bill Beeler be appointed to fill this vacancy. Councilman Boyd so moved that Mr. Beeler be appointed to the Grievance Panel, seconded by Councilman Glenn 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 G. E. Boyd, Jr. - Aye Glen K. Aust - Aye/ LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd had no committee report, however, advised the Planning ZONING Commission had held a public hearing on rezoning property for Heritage Buick- Olds, Bob White Blvd. They had requested property be rezoned from R-2 to B- 2. Planning Commission in agreement to rezone with the exception of a small area between Mr. Edgar Hughett and John and Carrie Powers. The only problem noted was a drainage problem on Monte Vista Drive. Mr. McKeever advised lots 7, 8, 10 and 11 were reviewed and found no ~7~~2 I PROPERTY REZONED September 3, 1985 drainage easements for this property. There is a drainage problem from the proper y. It extends across a portion of lot 11, Powers' lot; and 107A, Paul and Gary Duncan lot. The .pipe connects to a drainage structure on the Monte Vista right of way, but Engineering feels it was not needed until lots 11 and 107A were filled. This was done by private people on private property and the Town has no responsibility to resolve the problem. If the Town would take responsibility for this, we would need a drainage easement from the property owners to solve the problem. Chairman Boyd advised Mr. Hughett had had water and mud in his basement several times and restraining wall has been installed. Property owners fear when car lot is leveled off, drainage problem will increase. Mr. Edgar Hughett, Monte Vista Drive, informed Council when he purchased property, it was level with the street. When Hopkins property sold to John Powers, an enbankment was built up, pipe was installed and it is not large enough to carry off the water. He further stated Town Engineer had passed it, and had stated it was large enough to carry off the water. He advised he had property damage and requested Council to look into it. Mr. McKeever stated this was private property and installed by a private developer and he:.did not know if our zoning ordinance deals with Soil and Conservation techniques. In the past, similar situations and it has been our recommendation that it is a private property matter and as much as we would like to help the property owners, we believe it would set a bad precedent to begin to go on private property and doing work. Mr. Hughett may have a legal remedy to solve his problem. Miss Burgess advised Council that Town Engineer has stated that any development which occurs on rezoned property will have to have an approved sediment and erosioncontrol plan which will be overseen by the Town Engineer. Development that takes place will have to be monitored by the Town Engineer to make sure that the drainage is adequate. Chairman Boyd made a motion that the property be rezoned from R-2 to B- 2 with the restrictions of the visual barriers and with the exception of that piece of land which fronts Monte Vista Drive, 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 - Aye FINANCE COMMITTEE Chairman Crawford stated the Finance Committee met August 28, 1985, at 5:00 p.m. Chairman Crawford moved that the amount of $145.00 previously appropriated ENG. DEPT. to Revenue Sharing Account No. 106-7007.02 for file cabinet for Engineering Department be approved for expenditure, seconded by Councilman Glenn 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 - Aye Chairman Crawford advised a Town resident was interested in buying a lot TOWN PROPERTY owned by Town. Chairman Crawford so moved that we advertise properties for TO BE SOLD sale; 502 1st Street and E. 8th Street, with language included that we can reject any and all bids, seconded by Councilman Glenn and carried. Chairman Crawford advised we had been requested to trade a deed at Oakwood CEMETERY Cemetery, and so moved that we make this deed exchange in Oakwood, switching 1 J September 3, 1985 ~~®J ininew section for lot in old section, seconded by Councilman Boyd and carried. Chairman Crawford stated we had budgeted $6,420 for a computer for the Engineering Department and so moved that $5,153 of the $6,420 budgeted in Revenue ENGINEER. Sharing Account No. 106-7007.02 for computer for Engineering Department be approved DEPT. for expenditure, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston Robert N. Glenn James M. Neblett C. E. Boyd, Jr. GATEWOOD Chairman Crawford ads - Aye James R. Neighbors - Aye - Aye Ira S. Crawford - Aye - Aye Mary Lou Copenhaver -Aye - Aye Glen K. Aust - Aye Wised we have received bids for the house at Gatewood and the low bidder is Nationwide Homes with a low bid of $21,361. We have budgeted $20,000 for the house. The remaining-costs will be obtained from other recreation accounts. Chairman Crawford moved that $20,000 previously appropriated to Revenue Sharing Account No. 106-7020, Construction, and $1,361.00 being taken from various General Fund Recreation Department accounts be approved for expenditure, seconded by Councilman Glenn 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 - Aye Chairman Crawford advised that all members were not present at Finance Committee meeting, therefore, decision on New River Valley Airport request for additional funding was deferred until all members could be in attendance which will be before the next Council meeting. ORDINANCE COMMITTEE Chairperson Copenhaver advised the Ordinance Committee had met August 28, 1985. Numerous citizens complaints were reviewed on the traffic ordinance. The coamiittee also reviewed the fire lanes and the loading and unloading zones which will be a part of the ordinance. Committee has had a request that an ordinance be considered governing behavior at Gatewood. Also, Town Attorney is working on a new noise ordinance. Committee members were informed that major adjustments need to be made to the Personnel Policy, including new grievance procedure and to incorporate the Fair Labor Standards Act. Generally speaking, we do comply with the Act, but record keeping will be a tremendous job. PUBLIC SAFETY COMMITTEE Chairman Aust had no report. MAYOR'S REPORT Vice Mayor Neighbors advised Council that Mayor Ratcliffe sent his regards to Council. REPORT OF TOWN ATTORNEY Mr. Terwilliger had no report, however, requested an Executive Session to consider two legal matters under 2.1-344 A6 of the Code of Virginia.. REPORT OF TOWN MANAGER APPT. TO Mr. McKeever presented Order of the Circuit Court appointing Mr. Warren BOARD Phillips to the Board of Zoning Appeals. OF ZONING Councilman Boyd moved that a public hearing be scheduled for September APPEALS 17, 1985, 7:00 p.m. to hear public comments concerning the proposed alley closing PUBLIC East of Dillon Street, seconded by Councilman Glenn and carried. HEAR. SCH. Mr. Terwilliger advised that in rechecking the statute, we should appoint the viewers at the end of the public hearing. They will be reappointed and ~~~~ September 3, 1985 render the same report. Councilman Boyd moved that Council go into Executive Session, seconded by Councilman Neblett and carried. At 8:09 p.m. Council went into Executive Session. At 9:55 p.m. Council returned to Regular Session. Councilman Boyd made a motion that this Council authorize our Town Attorney MATAEWS to write .the citizens on Mathews Court a letter stating the Town's position COURT on streets and also the sewer lines in that area; and also .send the Chairman of the Planning Commission a copy of the letter, seconded by Councilman Glenn and carried. Mr. McKeever stated he had been advised by Council that he should make a comment that the public meeting scheduled for Wednesday, September 4, 1985, will not be held and fu1l=Council will not be necessary. It will be a private meeting between the Administrators and the Attorneys.At 9:56 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilman Boyd and carried. APPROVED: Vice yo ATTEST: Clerk of Council ~I