Loading...
HomeMy WebLinkAbout03-20-84(~~~ March 20, 1984 Minutes of the Regular Meeting of the Pulaski Town Council held March 20, 1984, at 7:00 p.m, in the Council Chambers of the Municipal Building. There were present: Vice Mayor Andrew L, Graham, Jr., presiding Councilmembers: John A. Johnston, Pauline G, Mitchell, James M. Neblett, C. E, Boyd, Jr., Ira S. Crawford, Alma H. Holston, Glen K, Aust Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Rurh A. Harrell, Clerk Visitors: Eric Randall and J. R. Scharder of the news media Tom McCarthy Mary L. Copenhaver Robert Boysaw 19 area citizens The invocation was given by Councilman Johnston, Vice Mayor Graham welcomed Mr. Terwilliger, new Town Attorney, to the meeting. The minutes of the Regular Meeting of March 6, 1984, were approved as recorded. PUBLIC HEARING ON Vice Mayor Graham stated as published, now was the time for the public TRAILER APPLICATION OF RON DUNFORD hearing on the mobile home application of Ron Dunford to place a mobile home at 623 Ridge Avenue. Mr. McKeever advised the lot is 100' by 118' with 11,800 square footage, in a R-2 Residential Zone and town water and sewer services are available. As of March 16, 1984, no objections had been received, however, he understood comments would be made at this meeting. Ms. Bonnie Williams presented Council with a petition signed by 31 citizens from the neighborhood against placement of this mobile home, and stated her family's property could not be sold due to condition of neighborhood. Mrs. Mary Finn questioned the ownership of this property with Mr. Ron Dunford advising he had purchased this lot from Mr. Luther Friend. t4s. Margaret Mitchell questioned the parking of trailer. without prior approval of Council, Councilperson Holston advised she had seen trailer on lot and it was on cinder blocks, it appeared they were ready to underpin, and she did not feel it right that Council had not approved the trailer being on Ridge Avenue but it was already there. She felt we should not allow trailer at this location with this much opposition. Mr. McKeever advised Mr. Dunford had requested to park trailer on this lot temporarily, and previous Town Attorney had advised that under code section, if it was not going to be used for human habitation, temporary placement could be March 20, 1984 ~~,~~~j allowed. Mr. Dunford was given permission to park trailer with the under- standing if application was not approved by Council, he would have to move the trailer. Ms. Faye Owens and Mrs. Mary Finn stated they were not contacted regarding this application. Councilperson Holston made a motion that Council deny the permit for this trailer due to the objections of the citizens in the neighborhood, seconded by Councilman Aust. Vice Mayor Graham stated he saw no reason why we should not allow this trailer to be located on this lot. Councilman Crawford felt it would be wise for Council to review this property. RON DUNFORD'S Councilman Crawford made a substitute motion that we table this application TRAILER APPLI- CATION DELAYED until the next meeting and in the meantime Council go out and take a look at UNTIL NEXT MEETING what the situation is, seconded by Councilman Boyd. Several members of Council had already reviewed the site of this ap- placation. Substitute motion carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - No Ira S. Crawford - Aye James P1. Neblett - Aye Alma H. Holston - No C. E. Boyd, Jr. - Councilman Johnston's Aye Glen K. original vote Aust was "No," - No however, changed to "Aye" to break tie vote. Mr. McKeever advised that a building permit was denied Mr. Dunford to do any further improvement on the property until after Council's decision. He further advised that no water or sewer hook-ups had been made. HERCULES REQUEST Mr. Tom McCarthy, representing Hercules, Inc., addressed Council re- PERMISSION TO CLOSE A SECTION OF garding request to close a section of Vine Street and Plant Street, and re- VINE & PLANT STREETS quested a public hearing be scheduled for next Council Meeting. He further stated Hercules had purchased property on both sides of Vine Street and both PUBLIC HEARING sides of Plant Street. He also advised that Hercules would request lots two SET ON THIS MATTER through seven, and possibly some more of the upper area there be rezoned. He requested that date be set so he and Mr. Terwilliger could get together and do a proper advert isement of the st reet closing and then come back after that and do a proper advertisement of the rezoning situation. Councilman Neblet so moved that public hearing on street closing be scheduled for next Council Meeting on April 3, 1984, at 4:00 p.m., seconded by Councilman Boyd, and carried on the following recorded ~~ote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell. - Aye Ira S. Crawford - Aye James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye I ~~~ March 20, 1984 PUBLIC HEARING Councilman Boyd moved that Council have a public hearing jointly with SCHEDULED FOR MAY 2 WITH PLANNING the Planning Commission on May 2, 1984, at 4:00 p.m, for the purpose of re- COMMISSION FOR REZONING HER- zoning property of Hercules, seconded by Councilman Neblett, and carried on CULES PROPERTY the following recorded vote: John A. Johnston - Aye Pauline G. Mitchell - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye Andrew L. Graham, Jr. - Aye Ira S. Crawford - Aye Alma H. Holston - Aye Glen K, Aust - Aye Mr. John Blevins, representing citizens of Dora Highway, addressed Council again with their request that Town work on the possible flooding in that area. This item is now in the Lands and Building Committee for their review. Councilman Johnston, along with Mr. Leroy Early, Director of Public Works, had visited this area and Councilman Johnston stated there were bottlenecks past property in question that Council could not do anything about as it is in the County. He further stated that work would probably have to be done at low water level. Mr. McKeever stated that we have to keep the creek channel clean and we are drawing up a plan now to do this, from Duncan Bridge, east, and Sproules Run will be included up to 99, to corporate limits. Councilman Boyd advised Mr. Blevins that we were working on this and we would get him an answer as soon as possible. Councilperson Holston made a motion that the proposed ordinance amending the Town Code in regard to late penalties be tabled. That our Town Attorney study the code as it now reads and study the proposed changes. Also, that the Finance Committee fully evaluate each proposed rate change and the effect it will have on the citizens. That our Attorney and Finance Committee bring back a recommendation to this Council and Ordinance Committee as to which direction we should go, seconded by Councilman Johnston. Councilman Boyd made a substitute motion that the present ordinance be maintained as it is, seconded by Councilman Crawford, Council discussed this subject at length, Substitute motion failed on the following recorded vote: John A, Johnston - No Pauline G. Mitchell - No James M. Neblett - No C, E. Boyd, Jr. - Aye Andrew L. Graham, Jr. - No Ira S. Crawford - Aye Alma H. Holston - Pdo Glen K. Aust - Aye Original motion carried on the following recorded vote; John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Aye James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye March 20, 1984 ~~~9 Vice Mayor Graham called for Council Committee reports. ORDINANCE COMMITTEE Chairperson Holston advised that at last meeting Town Attorney was authorized to prepare an ordinance allowing a six inch encroachment as requested by the Vance Company. Councilman Neblett moved that Council adopt ordinance as presented by Mr. Terwilliger, seconded by Councilman Boyd, and carried on the following re- corded vote: ORDINANCE ADOPTED FOR ENCROACHMENT OF VANCE COMPANY ~I John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Aye James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye ORDINANCE AN ORDINANCE PERMITTIraG AN EXISTIraG ENCROACHP~NT UPON TOWN PROPERTY BY THE SOUTHERN WALL OF A BUILDING OWNED BY BOND COTE, INC. oN LOTS 29 , 31, 33 , 35 , Arab 37 Ira BLOCK 32 OF THE TOWN OF PULASKI BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in regular session on the 20th day of March, 1984, that: WHEREAS, the wall of a certain building already existing on Lots 29, 31, 33, 35, and 37 in Block 32, of the Town of Pulaski, which building is now owned by Bond Cote, Inc., has been found to encroach on a certain twenty foot (20') public alley on the southern side of said building; and, WHEREAS, said encroachment has been found to be zero point four three feet (0.43') at the southwest corner of said building at the corner of Lots 31 and 33, and continue with the southern wall of said building S 88°15' E a distance of one hundred twenty five feet (125.00) to the southeast corner of said building at the southeast corner of Lot 37, where the en- croachment is zero point five feet (0.50'), as shown on a plat entitled "Physical Survey of Lots Nos. 29, 31, 33, 35, and 37, in block No. 32, as shown on map of 'Corrected Plan A' (D.B. 15, p. 10) lying in the Town of Pulaski, Pulaski County, Virginia, for Bond Cote, Inc.," dated February 7, 1984, pre- pared by R. Lloyd Mathews, Registered Surveyor; and, WHEREAS, the encroachment has existed for a substantial number of years and there is no reason to know that the encroachment has interfered with or obstructed the use of said public alley; and, WHEREAS, the present owner is desirous of clarifying its rights, duties, and obligations for itself and. its successors and assigns; NOW, THEREFORE, BE IT ORDAINED, pursuant to Section 15.1-377 of the 1950 Code of Virginia, as amended, that Bond Cote, Inc., the present owner, its successors and assigns, be and hereby are authorized to maintain said encroachment as it currently exists as shown on the aforesaid plat of February 7, 1984, until such building or structure is destroyed or removed. BE IT FURTHER ORDAINED that when and if any portion of said building be removed or destroyed this said authorization shall at once cease as to the encroachment along such portion of the building destroyed or removed; and FURTHER, this authorization is subject to the proviso that nothing herein contained shall be construed to impose upon this municipality any obligation what- soever for the existence of said encroachment or to impose upon the municipality any liability to any person whomsoever by reason ~66~J0 March 20, 1984 of this authorization, and that nothing herein contained shall be construed to relieve said owner, its 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. ADOPTED this 20th day of March 1984. Chairperson Holston requested that Council honor the Pulaski chess teams that took top honors and they are the Virginia State Champions. Councilman Crawford made a motion that Council do the same thing they did last year in recognizing this group, seconded by Councilman Boyd, and carried. Vice Mayor Graham advised that last year, Chess Team was presented with a resolution at a Council Meeting. UTILITIES COMMITTEE PERSONNEL COMMITTEE Chairman Johnston advised that we needed a replacemnt on the Parking Authority to replace Mr. Frank Terwilliger. Chairman Johnston further made a motion that Council have Executive Session at end of Regular Meeting under Section 2.1-344 of -the Code of Virginia, for the purpose of consultation with Town Attorney to discuss contract between Town and Z1 & W and also on a person- nel matter, seconded by Councilman Boyd, and carried. Chairman Johnston stated the Utilities Committee had not met as more information was needed in terms of letters and engineering reports in dealing with the contract between the Town and County on Peppers Ferry; however, he hopes to have a report at the next meeting. Chairman Johnston also advised the County had agreed to pay for the audit to determine the cost incurred by the Town on contracts 4B, 3A, 3B, and 5. POLLUTION AND SANITATIOPd COMMITTEE Chairperson Mitchell had no report, however, reported that she and Councilperson Holston had attended a VML Preparation of Town Budget meeting in Charlottesville that was most interesting and beneficial. Chairperson Mitchell questioned date of spring clean-up, with Mr. McKeever advising date had been set by Mr. Early. Chairperson Mitchell advised she felt key should be made available to copy room for copies to be made on weekends. Mr. McKeever stated locks were changed to copy room because we did not know who had keys. At present, Town Manager, Clerk, and Finance Director have keys. Town Manager was requested to handle this matter administratively. RECREATIOPI COMMITTEE Chairman Pdeblett advised that the Recreation Committee had met. Partici- pation in basketball was the best last year that we have ever had. For a March 20, 1984 ~60~ Town our size, we have a lot of activity. Chairman Neblett also advised the Committee discussed the contract with the Braves organization. Town Attorney had ready a rough draft ready for distribution to Council and requested negotiations of terms of contract be discussed in Executive Session. LAND AND BUILDING COMMITTEE Chairman Boyd had no report, however, as a member of the Pulaski Planning Committee advised Council that the final copy of the Comprehensive Plan would possibly be ready by the first of April. FINANCE COMMITTEE Chairman Graham advised the Committee had not met, but questioned Mr. McKeever about the new budget. Mr. McKeever advised we were on schedule on the budget and should be ready for distribution May 2. STREET COMMITTEE Chairman Crawford had no report, however, advised Committee needed to meet one night during W/B 3/26/84. PUBLIC SAFETY COMMITTEE Chairman Aust had no report, however, reported the Joint Study of Peddlers Itinerant Merchants License Committee had met. At this meeting, copies of Blacksburg and Roanoke ordinances were distributed. Town Attorney is currently reviewing these ordinances. Chairman Aust also advised he had received calls from citizens of Mt. Olivet regarding point of Magazine St. and Mt. Olivet concerning a gulley that needs barricades up and also coming down Mt. Olivet (where posts are installed) needs to be checked into. Mr. McKeever advised we were considering purchasing used guardrails that were available from the State for this purpose which would be safer. Councilman Johnston stated that according to the Public Works activity report, a considerable amount of work is done by this department and it was his belief that citizens were not aware of what a lot of our Town departments do. He suggested that local newspaper publish this work activity. REPORT OF TOWN ATTORNEY Per. Terwilliger expressed appreciation to Council for their unanimous support on his appointment as Town Attorney. REPORT OF TOWN MANAGER Mr. McKeever advised that proposed budget for the Airport Commission had been distributed to Council for their review. Budget must be approved by each jurisdiction that is a member of the New River Valley Airport Commission. ~~02 March 20, 1984 The Town's operating share remains the same. For capital outlay, there is a request for $4,064.00 Town's proportionate share for a match for a federal grant to do runway and taxiway repairs. Mr. McKeever also advised that at last Council Meeting, there was a request to determine the availability of keys for the Central Gym. Keys are only assigned to Recreation programs or programs that the Town co- sponsors with other organizations. There are no other authorized keys out. Mr. Robert Boysaw addressed Council with a request for the key for the Central Gym for a planned Electronic Class, stating he had met requirements previously specified, and Town Manager had advised him a key would be made available. Mr. McKeever advised there was never any agreement between the Town and Mr. Boysaw concerning a key. Mr. Boysaw was advised that if his program got off the ground, we would have someone open and close the building for him as we do for other events at the gym that are recreational programs or other programs. Vice Mayor Craham advised Mr. Boysaw if we would give Mr. McKeever a schedule of days and timing of proposed classes, he would see that gym was open for him. At 8:30 p.m. Cpuncil went into Executive Session. At 8:52 p.m. Council returned to Regular Session. At 8:53 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilman Crawford, and carried. APPROVED May ATTEST ~, ~~~« Clerk of Council