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HomeMy WebLinkAbout12-03-85(~~V December 3, 1985 Minutes of the regular meeting of the Pulaski Town Council held December ~, 1R.~;5, 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, James M. Neblett, C. E. Boyd, Jr., James R. Neighbors, Ira S. Crawford, Mary Lou Copenhaver, 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: Dee Lindsey and Pierre Thomas of the news media Polly Mitchell Annie Lou Chandler J. E. Aust J. Rodney Phillips Herman Largen Marvin Eanes R. David Warburton One representative, Deluxe Cabs The invocation was given by Councilman Johnston. Councilman Neblett moved that the minutes of the regular meeting of November 19, 1985, and the minutes of the special meeting of November 21, 1985, be approved as recorded, seconded by Councilman Boyd and carried. ANNUAL Mayor Hancock stated as published, now was the time and place for the TAXI public hearing on the issuance of taxicab certificates for the year 1986, and CAB HEARING also the application for certificate filed by Messrs. Aust and Phillips. Ms. Annie Lou Chandler addressed Council in favor of issuing certificate to Messrs. Aust and Phillips, stating it could not hurt service by having another cab service, rates were too high for senior citizens and competition would be good. Mrs. Polly Mitchell alsospoke in favor of issuing certificates. She stated we were two short on cabs now and they will pick up three which is one additional cab. The east end of Town will be served and it would be an advantage to the Town. She further stated she felt Mr. Aust would be fair to the people. Mr. Herman Largen, President of Blue and White Cabs, spoke in opposition to opening another cab company in Town as Council, in 1970, denied certificate to Mr. Aust as there were enough permits in Town to serve people. He stated nobody would make any money if additional cabs were added and that they could provide the services that citizens needed. Mr. Marvin Eanes, Manager of Blue and White Cabs, opposed issuing additional certificates, stating they were only rushed the first part of the month and cab business was not good at present.He further opposed women cab drivers. Mr. James Aust stated he felt they had the experience, facilities, and equipment to establish this new taxi service. He stated they would do a good job and had a number of years in business. He felt the Town citizens would be proud to use the equipment they are going to have and they would appreciate the consideration of Council of the application. Councilman Johnston questioned Blue and White Cabs making application for 13 certificates when 9 cars were inspected. He was informed 5 were down for repairs. Councilman Glenn questioned Council revising rating system and zones for taxi cabs a few years ago and asked if they did not pass a minimum cab fare rather than a maximum cab fare for the Town. Mr. McKeever advised the ordinance is explicit as to what fees are charged. He further stated that the Council holds the authority to determine the necessity of an operation of a taxi service December 3, 1985 ~~~1. within the Town's limits. He felt Council needed information to base their decision on. Councilman Crawford made a motion to continue public hearing until next Council Meeting on December 17, 1985, 7:00 p.m., seconded by Councilman Glenn and carried. 1 In further comments from the public, Ms. Chandler extended greetings to Council from the Mayors of areas in England. As there were no further comments from the public, Mayor Hancock called for Council Committee reports. UTILITIES COMMITTEE ~.hairman Johnston advised that Peppers Ferry had met on November 20th and they are working on hiring a chief operator for the plant. They are also working to assure funding for the rest of Peppers Ferry and most of our grant monies are coming out of the 1985-05 grant year. Since we started Peppers Ferry planning and the funding of the project, all personnel in EPA has changed, most of the personnel in State Water Control Board has changed, and the State Water Control Board itself has changed. $2.5 million was alloted to work on projects in 05 grant year and when time came to release this money, it was found they did not have that much so the Authority was cut by approximately $623,000. They are working with Delegate Dobyns and State Water Control Board and will meet in Richmond this month to try and get this money back. He further stated they felt they could get this money back. The Peppers Ferry is classified as a Class II plant and there has been an effort made on part of State Water Control Board to classify us as a Class I plant which would cause us to put in a little more machinery, be more environmentally correct than they had planned and it will be a little more expensive. They are working on trying to keep designation as Class II plant. POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS AND NOMINATING COMMITTEE APPTS. Chairman Neblett advised that Mr. Johnson's term on Peppers Ferry expires in TO December, along with. alternate Mr. Aust, and so moved that Mr. Johnston be reappointed P.F. RUTH. to Peppers Ferry, and Mr. Aust reappointed alternate, seconded by Councilman Boyd and carried. LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd had no report. RECREATION AND PARKS COMMITTEE Chairman Neighbors had no report, however, advised that John Olver had spoken at Rotary Luncheon on Solid Waste. He advised that Mr. Olver had stated that landfills, within the next 15 years, would be a thing of the past due to federal and state rules andregulations. Solid waste reclamation facilities can be used to generate power which can be sold back to public utilities. He stated we should take a look at this in the near future. FINANCE COMMITTEE Chairman Crawford advised the Kiwanis Club had made a proposal that they would KIWANISlike to donate 1,800 of CLUB $ park equipment and furnish labor to rehabilitate the park DONA- on 6th Street, with stipulation that the Town would match their contribution of TION 1,g00. The have advised the would like to take this $ y y project on for the next three years with a similar program at a different park each year. Chairman Crawford moved that $1,800 be appropriated to account No. 7104-7011 from unappropriated surplus and approve for expenditure, seconded by Councilman G~.ea~n L .. Mr. Warburton advised that the Kiwanis Club had raised a great deal of money ~~ i~ December 3, 1985 over the years and donated to the Town and throughout the State. In addition to money, they are donating their time and energies to projects such as this also. They will be working with the Recreation Department. They pledged money and personal hard work. Mayor Hancock expressed appreciation to the Kiwanis Club for their community spirit in making this contribution to the Town. Motion then 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 SALE The Finance Committee discussed a small portion of land that is located at the. OF rear of Dr. Lilly's office which is owned by the Town. This land was advertised TOWN PROPERTY for sale and the low bidder and only bidder was Dr. Lilly. Chairman Crawford made a motion that we accept Dr. Lilly's offer of $750.00 for the purchase of this land, and that the Vice Mayor be authorized to signthis deed conveying this lot upon payment of $750.00, 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 PEPPERS Chairman Crawford advised additional information has been received from Peppers FERRY PRE- Ferry that the work on the pre-treatment program for the Town will cost about $18,198 TREATMENT in engineering costs. This money to be budgeted out into basic engineering fee of PROGRAM $6,640, wastewater treat~aent facility sampling cost $4,981 and industrial sampling cost of $6,577. There is a possibility that industrial sampling cost $6,577 could be passed onto the industries that are involved. Chairman Crawford advised that the a survey from Director of Intergovernmental Affairs had been answered by the Finance Committee and returned. Chairman Crawford stated we have a legal bill in the amount of $7,178.50 and LEGAL BILL so moved that $7,178.50 be approved for expenditure from Revenue Sharing account No. 106-3002 which was previously budgeted, seconded by Councilman Boyd and carried on the following recordedvote: 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 RELATED Chairman Crawford advised the Town is responsible for moving a utility line off to of Main Street, a water line, due to the installation of a bridge at a cost of BRIDGE $6,519.00 and the Town is responsible for 5~. The contract needs to be signed stating we agree to move it and we will incur the cost and they will reimburse us. Chairman Crawford moved that the Town Manager be authorized to sign the agreement with the State Department of Highways and Transportation, 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 RECREATION - Chairman Crawford stated that last fiscal year we agreed to appropriate $2,000 COMPUTER STUDY to participate in the Computer Recreation Study and we need to reappropriate the money. Chairman Crawford moved that $2,000.00 be appropriated to account No. 7104-3002, Professional Service-Recreation from General Fund unappropriated surplus and be approved for expenditure, seconded by Councilman Neighbors and carried on the following recorded MUSEUM CHARTER vote: December 3, 1985 / ~43 ~... ,~ ~ _,.. t John A. Johnston - dye 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 - No Chairman Crawford stated that one of the nicer programs that has been started in Town is the Beautification program and they will be sending out letters requesting donations for the planting of flowers in the spring and summer. Chairman Crawford advised that the Finance Committee recommended that Council donate $1,000 to the Raymond F. Ratcliffe Memorial Museum Fund and so moved that $1,000.00 be appropriated to account No. 1101-5804, Town Council-Miscellaneous Other from General Fund unappropriated surplus and 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. dust - Aye Mayor Hancock will write Mrs. Ratcliffe advising her of Council's action. ORDINANCE COMMITTEE '" ~ "'" Chairperson Copenhaver advised the Ordinance Committee met November 25, 1985. They again discussed the Personnel Policy with Mr. McKeever recommending that sick leave be deducted from the hours worked and holiday time, annual leave and compensatory time allowed toward hours worked. The Committee recommended that police officers earn overtime over 160 hours. with payment every two weeks.In summary, the Town will deduct sick time, and not deduct other time; set police hours at 160, grant compensatory time at time and one-half for each hour of overtime earned. Chairperson Copenhaver advised the Town Charter is still being studied. A public hearing had been set for December 17th but they are changing this. It will not be held December 17th and probably at next meeting a date will be set around the first of January. A draft"is to be sent to Delegate Dobyns by the first of the year. Comments on the Charter were requested of Council. Chairperson Copenhaver made a motion that ordinance imposing a local license tax on persons holding mixed beverage, restaurant, and caterer's licenses for establishmen located within the Town of Pulaski be adopted effective December 3, 1985, 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 -Aye C. E. Boyd, Jr. - Aye Glen-K. Aust - Aye Ordinance ORDINANCE Imposing a Local License Tax ADOPTED On Persons Holding Mixed Beverage, Restaurant, and Caterer's Licenses for Establishments Located Within The Town of Pulaski BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 3rd day of December, 1985, that a local license tax be, and hereby is, imposed upon persons holding mixed beverage, restaurant, and caterer's licenses for establishments located within the Town of Pulaski, except for temporary licenses authorized by Section 4-34 of the 1950 Code of Virginia, as amended. Said local license taxes are hereby imposed in the following sums: (1) Persons operating restaurants, including, but not limited to restaurants located on premises of and operated by hotels or motels: (i) $200.00 per annum for each restaurant with a seating capacity at tables for 50 to 100 persons; /~~`3 December 3, 1985 (ii.) $350.00 per annum for each restaurant with a seating capacity at tables for more than 100, but not more than 150 persons; (iii) $500.00 per annum for each restaurant with a seating capacity of tables for more than 150 persons; (iv) $500.00 per annum for each caterer; (v) Mixed beverage special events licenses $10.00 for each day of each event. NUISANCE ORDINANCE SEC.17-13 amended (2) A private, non-profit club operating a restaurant located on the premises of such club, $350.00 per annum. Provided, however, that no local license tax shall be either charged or collected for the privilege of selling and serving mixed beverages in passenger airplanes, dining rooms, and other designated rooms of ships and in dining cars, buffet cars and club cars of trains, and in rooms designated by the Berard of~ establish- ments of air carriers of passengers at airports in Virginia.. This license tax shall be in addition to, and not in lieu of, any other business license or tax required for the operation of any establishment affected by this Ordinance. The tax imposed by this Ordinance shall be due and payable within fourteen (14) days after the issuance of the mixed beverage, restaurant and caterer's license for said establishments, and thereafter at such times as business and professional license taxes are due and payable in the Town. The initial tax payable by an establishment shall be pro-rated until the next time that the business and professional license taxes axe due. In the event that a mixed beverage, restaurant and caterer's license is revoked, surrendered, or otherwise becomes null and void, after the imposition of the license tax called for herein, no refund will be granted. Chairperson Copenhaver stated the second item, section of the Nuisance Ordinanc Section 17.13, Emergency Provisions, so stating - Be it ordained by the Town Council This Ordinance is effective upon its adoption and is adopted this 3rd day of December, 1985. of the Town of Pulaski, Virginia., sitting in regular session on the 3rd of December, 1985, that section 17.13 of the Town Code be, and hereby is, amended and enacted in the form attached hereto. Chairperson Copenhaver so moved that Council adopt this part of the Nuisance Ordinance effective the 3rd day of December, 1985, seconded by Councilman Glenn 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 - Aye Sec. 17.13. EMERGENCY ABATEMENT POWERS AND PROCEDURE (a) The powers and procedures listed herein are in addition to, and not in lieu of any other right or power granted to the Town of Pulaski by state law, common law, or otherwise, to protect its citizens from dangers to their health, safety and welfare. The procedures set forth herein are the preferred procedures, but are not to be construed to be the sole procedures in dealing with an emergency situation. (b) An emergency situation shall be deemed to exist when, in the opinion of any two of the following personnel, an activity or condition poses an imminent danger to the public health, safety or welfare: The Town Manager, Town Fire Chief, Town Engineer, Director of Public Works, Town Building Inspector When it has been determined by two or more of the above persons, that an activity or condition must be dealth with within the next seventy- two (72) hours or harm to the public may result, then the following procedure shall be used: (c) (1) When the nuisance complained of is an activity, notice shall be served upon those persons carrying out the activity to cease and desist. Failure to cease and desist shall result in the premises wherein the activity is being carried out to be closed and placarded. December 3, 1985 ~~~~ (2) It shall be a Class III misdeameanor for any person to carry on an activity being served with a notice to cease and desist of the nuisance activity. This is in addition to, and not in lieu of any other charge that may be brought for a given violation of law. (3) Where the nuisance complained of is a condition, a reasonable attempt will be made to locate and serve notice upon the owner of the subject premises that the condition exists and of the action intended to be taken to abate the condition. Reasonable efforts will be made to give actual notice whether the same is served in person or not. If the owner of the premises cannot be located or if located, is unwilling or unable to take steps necessary to abate the condition forthwith then the Town shall abate the condition in a reasonable manner. (4) In abating an activity, on an emergency basis, the Town shall endeavor to take the least amount of .action necessary to remove the emergency status of the nuisance. Thereafter, the normal nuisance procedures shall be followed. (5) In any event, when an emergency action is .taken under this Ordinance, notice thereof shall be mailed to the owner of the premises involved within 24 hours after the action is taken, at the mailing address shown on the land records of the Town; or, notice shall be served upon said owner of the premises if he is located within Pulaski County and his location is actually known to the Town. Chairperson Copenhaver advised the committee would continue to study the Noise Ordinance. A work session of the entire Council will be held to review the Town Charter revisions and for their input. Mr. McKeever stated that since we had resolved some of the issues in the Personnel Policy, that complies with the Fair Labor Standards Act, he would like Council to administratively adopt them before plan itself has been implemented so we can go ahead and change some forms that we have. Councilman Johnston requested that all employees be fully informed of policy. PORTION Chairperson Copenhaver made a motion that portion of Personnel Policy dealing PERSONNEL POLICY with overtime and compensatory time be adopted and implemented November 25, 1985, ADOPT. 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 PUBLIC SAFETY COMMITTEE Chairman Aust had no report. MAYOR'S REPORT Mayor Hancock stated the Christmas Parade is Saturday, 2:00 p.m. and those Councilmembers wanting to participate in parade are welcome to do so. Councilperson Copenhaver advised that Senator Maury would meet with the Clean Community Committee December 4, at 11:00 a.m. in the County Administration Building. Councilmembers were invited to attend. REPORT OF TOWN ATTORNEY ~' Mr. Terwilliger advised the decline for filing and protesting so one could appear and cross examine witnesses and actually participate was November 18 on the SCC-N&W hearing scheduled for December 5th. The County and Pulaski Furniture filed protests and reserved the right to take N&W an active role participating. Mr. Terwilliger could take an active role under the form of their protest. Basically, the Town did not file a protest but anyone has the right to appear and make a statement and present their position. The difference between the two roles, activity participating and submitting evidence and the other is more of a statement of position. Mr. Terwilliger will state the Town's position and could participate under the County's protest. ~~46 December 3, 1985 Mr. Terwilliger requested an Executive Session to discuss a lawsuit filed against the Town. REPORT OF TOWN MANAGER Mr. McKeever advised we had received a good rating on the landfill report. Mr. McKeever further stated citizens would be receiving a copy of the 5 Star Sampler in the mail. in the near future. This is a jointly sponsored program from the New River Valley Fine Arts Center and the Department of Parks and Recreation of the Town and sponsors a number of performances from December through April. Mr. McKeever also requested an Executive Session under 2.1-344•(A6) to discuss a legal matter and personnel matter. Councilman Glenn so moved that Council go into Executive Session, seconded by Councilman Neighbors and carried. At 5:06 p.m. Council went into Executive Session. At 6:00 p.m. Council returned to Regular Session. At 6:01 p.m. Councilman Glenn made a motion to adjourn, seconded by Council- man Neighbors and carried. APP VED: Mayor ATTEST: C erk of the Council ~~