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HomeMy WebLinkAbout05-25-786201. Minutes of the regular meeting of the Pulaski Town Council held May 25, 1978 at 7:00 P. M. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding. C®uncilmen: Andrew L. Graham, Jr., Blair B. Brockmeyer, Bob J. Clark, John A. Johnston, Arthur L. Meadows, James M. Neblett, Jr., C. William Hickam, Jr. Absent: Councilman William A. House Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Town Engineer: H. R. Coake Town Planning Commission Members: John R. Powers, Chairman Geo. A. Hillsman A. D. Clark Arthur L. Meadows H. R. Coake Visitors: Jane Graham, WPUV Radio Station Charles Hite, Roanoke Times & World News J. R. Schrader, Southwest Times Thomas J. McCarthy, Jr. Philip M. Sadler, and Byron R. Shankman, Attys. for Bascom Hopkins Bob Wallace & C. E. Boyd, Jr., Councilmen-elect Approximately forty (40) citizens The invocation was given by Councilman Johnston. WHEREAS, Council on May 3, 1978, at its regular meeting, set Council's second regular meeting for the month of May for the 18th day of May. However, due to the necessity of legal advertisements, Council postponed this meeting and rescheduled the second May meeting RESCHEDULING OF MEETINGS to May 25, 1978 at 7:00 P. M. WHEREAS, it is the desire of the Council that the minutes show that Councilmen did consent to the above reschedule and hereby ratify and affirm said change, by motion of Councilman Neblett, seconded by Councilman Meadows, and carried on the following vote: C. William Hickam, Jr. - Aye William A. House - Absent Andrew L. Graham, Jr. - Aye Bob J. Clark - Aye Blair B. Brockmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr.- Aye APPROVED The minutes of the regular meeting of May 3, 1978 were approved MINUTES as recorded. Mayor Ratcliffe welcomed the visitors, and stated this was the time and place, as advertised in the local newspaper, for holding a CHANGE IN AGENDA public hearing on several rezoning requests and the order of the Agenda may be changed in order not to keep the Planning Commission members too long if they wish to leave. 622 May 25, 1978 Mayor Ratcliffe advised that the first rezoning request to be heard was that of Claremont Corporation in which said Corp- HEARING ON oration requested that a tract of land beginning at the intersection REZONING REQUEST OF CLAREMONT of Thomas Street and Gemmell Avenue, at a corner of the lands of the CORP. Claremont Corporation and with a line of the same N. 6 mins. E. 552' to Macgill Stre~:t and with a new line N. E. to a point on Memorial Drive where the eastern line of Lot 7 intersects Memorial Drive, a point approximately 450' west of the intersection of Bob White Boulevard . and Memorial Drive, be rezoned from R-2 Residential to B-2 Business. Mayor Ratcliffe asked Town Manager Marshall for a report from the Planning Commission. Mr. Marshall read from a letter from John R. Powers, Chairman of the Town Planning Commission, in which letter it RECOMMENDATION was stated that a public hearing was held on March 20, 1978 on the FROM TOWN PLANNING COMMISSION TO Claremont Corporation request and that during the public hearing GRANT REQUEST several comments were made; however, no objections have been received by the Commissi~~n, and it was the recommendation of the Planning Commission that the tract of land be rezoned B-2 from R-2 classifica- tion. Town Mana;~er Marshall read further from the above letter that the Planning Commnission held a second public hearing on May 1, 1978 to consider the request of Thomas J. McCarthy, Jr. and Cecil ALSO - RECOM' D MCCARTHY, Breedlove to rezone property located in the Burgis and Gemmell BREEDLOVE & DALTON LANDS Addition, consisting of a portion of Lots 35 thru 40 presently BE REZONED zoned R-2, and :Lots 41 thru 45 and owned by Mr. McCarthy. Mr. Breedlove requested rezoning for Lots 46 and 47 of the same sub- division, from :~-w to B-2 General Business, and after careful consideration of this request and reviewing the comments made during the public hearing, it was the recommendation of the•Planning Commission the zoning be changed as requested and in addition thereto, the Planning Commission recommended that the remaining portion of Lots 48 and 49 in the same subdivision and belonging to Duane Dalton also be rezoned to General Business, B-2, to provide zoning lines with uniform boundaries and eliminate spot zoning. May 25, 1978 62('3 = Jessee Hopkins of Claremont Corporation stated the Corporation needed more depth to these lots inasmuch as they were negotiating with two Shopping Center promoters, and as owners of the whole tract, re- i quested that rezoning be considered. Mr. Hopkins stated the Corporation had no plans for construction of apartments in the area and felt if the rezoning request was granted, adjacent property would not be devalued. Mr. McCarthy stated that since the Claremont Corporation had requested their property be rezoned, he and Cecil Breedlove felt their property should also be reaoned B-2, General Business. REZONING Mayor Ratcliffe stated a letter had been received from Samuel G. Frye, brother of Katherine Frye Guin, whose property is located at MATTER the corner of MacGill Street and Burgis Avenue, and in which letter Mr. Frye asked the question "who would compensate the adjacent property owners if their property was devalued by granting the request?" Mr. PUBLIC HEARD Frye's letter was received and filed. AND LETTER Mayor Ratcliffe asked the visitors if anyone wished to speak either FILED f or or against rezoning of the tract of land owned by Claremont Corp- oration; Lots owned by Thomas J. McCarthy, Jr.,; Lots of Cecil Breedlove, and Lots of Duane Dalton. Charlie T. Quesenberry stated he owned Lots 18, 19 2C and 21 fronting on Burgis Avenue and he was opposed to any apartments being built in the area, and was advised by Mr. Uessee Hopkins that Claremont Corporation had no plans for apartments on this land. Councilman Neblett moved that Council accept the recommendation COUNCIL of the Town Planning Commission. and that a proper ordinance and map be GRANTS REZONING be prepared and brought back to Council at its meeting on June 6th. REQUEST Motion was seconded by Councilman Hickam. Councilman Graham made a substitute motion that the matter be continued until the next meeting of Council. No second was made to Mr. Graham's motion, and a vote was taken on the first motion, as follows: C. William Hickam, Jr. Andrew L. Graham, Jr. Blair B. Brockmeyer John A. Johnston - Aye William A. House - Absent - Aye Bob J. Clark - Aye - Aye Arthur L. Meadows - Aye - Aye James M. Neblett, Jr.- Aye 624 May 25, 1978 Mayor Rat~~liffa advised the next item of business on the Agenda was a joint pub:Lic hearing, as advertised, by Council and the Town Planning Commission upon the request of Byron Shankman, Attorney for Bascom Hopkins, the present owner of Tom's Drive-In, that Town Council take the request for rezoning under consideration in order that Tom'a Drive-In could be expanded by sixteen (16) feet. Mayor TOM'S DRIVE-IN Ratcliffe explained the rezoning request had been presented to REQUEST HEARD Council in April of 1976, but wa.s delayed to be considered at a later date. PERMIT FOR Byron Sha;nkman and Philip Sadler, Attorneys for Mr. Hopkins, EXPANSION REF. stated Tom!:s Drive-In was in existance at the time of the adoption of the Town's Zoning Ordinance and is operating as a "non-conf orming TO ORDINANCE use" status. They stated with the expansion to the building the COMMITTEE business would 'be operated inside rather than the present situation, and it was felt this would be more beneficial to the adjacent property owners. Dorsey Shelor asked if Council could give them a permit to build on to the present building without rezoning? The Attorneys for Mr. Hopkins indicated if this could be done it would be satisfactory with their client. Other property owners present who had signed the petition opposing the rezoning, stated they pref erred it not be rezoned business and if Council could give them a permit to build onto the present building, there would be Less objection from them. In answer to CouncilmanJohnston's question if Council could do this, Town Attorney Moore advised that Council could not unless Council amended its Zoning Ordinance giving them that authority. Councilman Neblett stated that in view of the facts presented, moved that the matter be ref erred to the Ordinance Committee for a study and recommenda- tion to the Council. Motion was seconded by Councilman Brockmeyer, and carried with one dissenting vote by Councilman Hickam. The petition containing the signatures of those opposing the rezoning request was received and filed. Joel Burchett asked that the Leash Law be put on the agenda for LEASH LAW TO the next meeting of Council. Councilman Brockmeyer asked Council to BE HEARD LATER discuss this at the end of the public hearings. May 25, 1978 6205 Town Manager Marshall stated Ronnie Aust had requested that his property East of Altoona Street be rezoned from R-2 to M-1, and that the Town Planning Commission held its public hearing on this RONNIE AUST & request on May lst and recommended to Council that the zoning not MARSHALL WELD. be changed. Mr. Marshall recommended that Council schedule a public SUPPLIES REQ. hearing on the Aust request. Mr. Marshall also reported there FOR RE- was a request bef ore the Council from Marshall Welding Supplies ZONING TO BE for rezoning of approximately 40 x 70 ft. fronting on East Main HEARD JUNE 20th Street and Bell Avenue (f ormerly White's Grocery), from B-2 to M-1. He staaed the planning Commission will hold its public hearing on June 5th and Council could hold its public hearing on the Aust and Marshall Welding requests on June 20th, the second June meeting of Council. Councilman Meadows moved that the Aust and Marshall Welding rezoning requests be considered by Council at a public hearing on June 20, 1978. Motion was seconded by Councilman Clark, and carried on the f llowing vote: C. William Hickam, Jr. -Aye William A. House - Absent Andrew L. Graham, Jr. - Aye Bob J. C-lark - Aye Blair B. Brookmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr.- Aye Council at this time held a public hearing on the application of C. A. Garay to place a mobile home on Ridge Avenue. No one spoke APPROVED against the application and Town Manager Marshall reported a house trailer had previously been approved for this location; that the combined lots are 16,900 sq. ft. and located in a residential area, with water and TRAILER APPLIC. sewer available. Mr. Marshall also reported that the lots are presently OF C. A. GARAY owned by the First Penticostal Holiness Church, bit if the application is approved, Mr. Garay will purchase the lots. Town Manager Marshall recommended that the application be approved. Councilman Clark moved the trailer application of C. A. Garay be approved subject to the purchase of the lots by Mr. Garay. Motion was seconded by Councilman Meadows, and carried on the following vote: C. William Hickam, Jr. - Aye William A. House - absent Andrew L. Graham, Jr. - Aye Bob J. Clark - Aye Blair B. Brookmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr ., Aye Mayor Ratcliffe advised that Council would hear the public at HEAR PUBLIC this time. 6~,rV6 May 25, 1978 Mrs. Harry Surber, whose husband was Captain of the Police POLICE DEPT. CRITICISM BY MRS . SURBER Department, presented a lengthy statement to the Council in which she asked how Ccuncil could justify her husband being asked to resign, for the good of the Department and the town, because of an anonymous call from a woman who said he was drinking on the job, while one employee is still with the Folice Department despite reported misdemeanor convictions. Following Mrs. Surber's statement there were several criticisms of the Police Department from citizens present. In answer to Mr. Bratton's question relative to the Dog Leash Law, Councilman Meadows stated the Committee had no report to make at that time. There followed discussion regarding the expense of DOG LEASH LAW operating a Leash Law, and Councilman Graham recommended that the DISCUSSED Finance Committee also study this with the Ordinance Committee. RECREATION DEPT. There was some criticism of the Recreation Department and what CRITICISM it is costing the taxpayers to operate same. Barry Akers asked if the record of Officer Lewis' conviction was brought out at the time of the Police Investigation and Citizens' Committee study, as the Chief knew about it at that time. Mrs. FURTHER Surber asked if anyone had ever seen the report, and Mayor Ratcliff CRITICISM OF THE POLICE DEPT. stated it was a State Police report that indicated no criminal & POLICE CHIEF activity involved. Councilman Neblett stated that Council, as a CHILDRESS whole, does not run the Police Department, the Police Chief runs the Department under the supervision of Mr. Marshall, and each depart- ment head counsels with the Town Manager. Fred Mitchell stated that if the Chief knew about this then something was wrong with the Citizens' Committee. Councilman-elect Boyd asked if Council didn't get a copy of th.e State Police Report, couldn't they have asked for a copy . Councilman. Neblett moved that Council go into executive session on a legal matter. No second was made. Councilman.-elect Wallace stated that with regard to Officer Lewis, "this matter should be resolved by the present Council and not by the new councilmen coming in; you certainly know more than we do about it. The credibility of the Police Officer, Police Department and Council is involved, and if you know things and you go May 25, 1978 6~,{~`7 in executive session to discuss it, I laelieve the people are being pushed aside. I think this should be resolved and I think you have a duty to the people. This should be cleared up and the sooner you get this done the better for all concerned". Mr. Hall asked if it was the normal procedure of the Council that when the Planning Commission makes a recommendation to the Council on rezoning, that you don't vote on it. Mayor Ratcliffe advised that the Council does act on the matter, following the proper procedures in each matter. Mayor Ratcliffe called for Committee reports. Councilman Johnston stated that in light of the comments made at this meeting, requested that the report of the Public Safety POLICE DEPT. Committee be given first. Councilman Neblett, Chairman of the Public Safety Committee, advised the Committee had no .official report at this time. We are con= cerned in view of what has happened during the past weeks, but we have no legal report to convey anything to our constituents, and ref er our constitutents to our Lawyer. Town Attorney Moore advised that he had DISCUSSION no answer to make in public. Councilman-elect Wallace stated "you keep ref erreing to it as a legal case, and no one will commit themselves. It is not a matter of color or race, it is a matter of taking some action, not putting it CONTINUES off by referring it back to the Committee, and I believe it should be taken care of in the near future. It makes it hard on you on Sgt. Lewis also, also hard on the Police Department. I would like for you to resolve this bef ore I get on the Council". Town Attorney Moore stated the Town of Pulaski is a client of his and he certainly was not going to make statements in public - there are:some legal ramifications in this matter. Councilman-elect Boyd stated he~felt Council should face up to this situation and make the decision. Councilman Neblett stated Councilman House was not present, and it was Mr. House's contention that Council does not run the Police Department. 62Q8 May 25, 1978 Councilman Brockmeyer stated he felt it was improper POLICE DEPT. DISCUSSION screening of applications; that Jack Childress didn't have a good screening department, certainly Lewis was not screened properly, and he did not know if this was done in the Police Department or if it was done by Pete Marshall. Mr. Brockmeyer further stated two citizens committees had been appointed and not acted on; six months ago or less, th:e Council had other problems presented to them by Akers, and now tonight other complaints are being made. He stated he felt the citizens committee was good but felt some citizens were reluctant to serve. Further, that for the last year he has been dissatisfied with the administration of the Police Department by Chief Childress; that he was a good police officer, and he would as;k Council at this time for the resignation of Jack Childress. Councilman Brockmeyer moved that the matter of Chief of PolicE: be placed on the agenda for immediace consideration by the Council,. Motion was seconded by Councilman Johnston, and carried MATTER OF CHIEF on the following vote: PLACED ON AGENDA C. William Hickam, Jr. - Aye William A. House -Absent Andrew L. Graham, Jr. - Aye Bob J. Clark - Aye Blair B. Brockmeyer - Aye Arthur L. Meadows - Aye JoYin A. Johnston - Aye James M. Neblett,Jr.-Aye Councilman Brockmeyer requested that this body, the Town BROCKMEYER ASKS Council of Pulaski, request the resignation of the Chief of Police. FOR RESIGNATION Motion was seconded by Councilman Johnston. OF CHIEF CHILDRESS Councilman Johnston stated he had had more complaints made to him by the citizens regarding the Police Department and its operation than all of the other departments combined, and he did not think the action taken was hasty as this matter has MORE DISCUSSION been before the' Council over two years; that he felt then and he FOLLOWS RE: POLIC Felt now that i:he citizens committee should not have been appoint- DEPARTMENT ed to investigate the Police Department as it is the responsibility OPERATIONS of the Council., as well as all other departments of the Town administration. He stated that from the information given at this meeting, Council should request a copy of the citizens Committee report. Mr. Johnston stated these were his reasons for supporting the motion. He did not wish to speak regarding the Lewis matter, taut felt this should have been taken care of before May 25, 1978 "~v~ it got in the newspapers. He further stated he did not think Council should run the Police Department but felt we should look to the Town Manager to be inf ormed on such matters. Mr. Johnston stated the Police Department has lost its credibility and respect and for some months has been suffering from low morale; that the turnover in personnel was astounding. He stated he felt public relations should come from the Chief's desk and Chief Childress has not carried out the responsibilities of the Chief . Councilman Graham stated the Town Manager is directly MORE responsible to the Town Council and the various department heads are COMMENTS BY under the Town Manager with the exception of the Treasurer. Mr. Graham stated he felt there was not a need for Council to change the manage- COUNCILMEN ment of the policy and operation of the Police Department, stating he looked to the Town Manager to see that the policies and procedures are RE: POLICE carried out, and if the Town Manager is doing an adequate job, then DEPT. OPERATIONS we will not continue to have upheavals. Mr. Graham stated he felt there was some lack of communication between the Council and Town Manager; also that he depended upon the Town Manager to correct situations, but is he running the Town as he should, or should he be reappointed at our organizational meeting. Mr. Graham stated that he did not think it best and proper for him to vote on this issue at this time; that Childress is directly under the Town Manager and we need to correct this situation, and believe that Council should get to the bottom of the while situation. Mr. Graham recommended that Council at its organizational meeting in July determine who should be reappointed. Councilman Meadows said he was deeply concerned about the recent happenings and felt Council should weigh carefully the situation and not act hastily; that had not things happened the way they did about Sgt. Lewis, Council would not be talking about Childress' resignation. Mr. Meadows stated there may be other matters Council'~_ needs to look into, and would like to see the conditions in this department rectified. 6210 May z5, lg~s Councilman Neblett stated he could not vote on the motion for the same reason as stated by Mr. Graham, and felt the July 1st organizational meeting was the proper time for the vote. Mayor. Ratcliff stated he was encouraged that Council was acting responsibly ~~nd he did not concur in this action; however, Council is responsible for running the Town and it was up to that body to rectify whatever is wrong in running the Town. POLICE DEPT. Councilman Graham stated at the time the Council asked for the Citizens Committee study, honest citizens were picked and he DISCUSSION had no regrets. Councilman Neblett concurred in this and stated as Public Safety Chairman many hours were spent in meetings and as a CONTINUES result of which recommendations were made to the Council, stating that he did not pass on the recommendations, as there are seven other members of the Council who have the same responsibility that he has. Mayor Ratcliffe stated the Citizens Committee had done a good job. Town Manager Marshall read the ten recommendations which were presented to the Council by the Committee, and made note of those which have been put into effect. The following vote was taken on the motion that Council VOTE ON ask for the resignation of Chief Childress. RESIGNATION C. William Hickam, Jr. - No William A. House - Absent Andrew L. Graham, Jr. - Na^ Bob J. Clark - No~. Blair B. Brockmeyer - Aye Arthur L. Meadows - No OF CHIEF CHILDRESS John A. Johnston - Aye James M, Neblett,Jr-No Councilman Clark asked that the report of the Citizens Committee be made public. Councilman Nebiett stated there was no recorded document. Councilman Graham stated the Utilities Committee is still GALLIMORE REQUEST looking into the G~tllmore request, also looking into applying for some grant money. Mr. Graham stated the Committee had met and considered new rates for dumping of septic tank waste in the sewage treatment SUGGEST NEW RATES FOR plant; that in the past the Town has only charged $2.00 per load, DUMPING OF SEPTIC TANKS which is inadequate=_. The Committee came up with new rates, and it was the recommendation of the Committee that it be referred to the May 25, 1978 Ordinance Committee to consider the preparation of a new ordinance incorporating the new rates. Councilman Graham moved that it be ref erred to the Ordinance Committee, Town Attorney and Town Manager for recommendation to the Council. Motion was seconded by Councilman Neblett, and carried. Councilman Brockmeyer had no report. 621-1 Councilman Johnston reported that the land and Buildings Committee had met and considered the most recent correspondence with ref erence to flood plain areas. under the Flood Plan Program. Mr. Johnston stated the Town, several years ago, approved going on 1 INFORMATIONAL MEETING TO this Plan in order to help the citizens get flood insurance. Now they BE HELD JUNE 13TH ON are asking us to go on a permanent flood insurance program, and there is FLOOD INS . PROGRAM some doubt in the minds of the Committee whether this is beneficial. He stated"they have talked to representatives from the National Fire Insurance Program, HUD, and the Army Corps of Engineers, and basically the requirements are put on the property owners if their property is located in a flood plain area, and there are requirements that we would have to adopt some housing and building ordinances - it seems to be a complicated matter and I would like to get it before the Council to look at it."~ Mr. Johnston stated August 1st is deadline on this, and would suggest that Mr. Marshall schedule a press conference in order that the citizens will have some knowledge of what is taking place. Councilman Johnston moved that a special Council meeting be scheduled for 7:00 P. M. June 13th, 1978 to discuss the flood insurance program. Motion was seconded by Councilman Brockmeyer, and carried on the following vote: C. William Hickam, Jr. - Aye William A. House - Abeent Andrew L. Graham, Jr. - Aye Bob J. Clark - Aye Blair B. Brockmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr. Aye Councilman Clark had no report. Councilman Meadows had no report. COMMITTEE Councilman Neblett had no report. REPORTS Mayor Ratcliff had no report. Town Attorney Moore had no report. 6212 May 25, 1978 Councilman Brockmeyer moved that the Town request the Virginia Municipal League to be the Town's negotiator of electrical LEAGUE OFFICE TO NEGOTIATE rates in the Appalachian Power Company service area, and that the WITH APCO RE: ELECTRICAL RATES amount of $520.00 be appropriated as the Town's assessment in this & $520.00 APPROPRIATED endeavor. Motion Baas seconded by Councilman Meadows, and carried FOR COSTS on the following vote: C.'nTilliam Hickam, Jr. - Aye William A. House - Absent Andrew L. Graham, Jr.-A'estained Bob J. Clark - Aye Blair B. Brockmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr.-Aye Councilman Neblett moved that the Criminal Justice APPROVAL OF CRIMINAL JUSTICE plan for the New River Valley Planning District for fiscal year 197 PLAN FOR 1979 FUNDING funding, as prepared and submitted, be approved. Motion was seconded by Councilman Brockmeyer, and carried on the following vote: C. William Hickam, Jr. - Aye Andrew L. Graham, Jr. - Aye Blair B. Brockmeyer - Aye John A. Johnston - Aye William A. House - Absent Bob J . C k-~k - Aye Arthur L. Meadows - Aye James M. Neblett,Jr,-Aye Town Manager Marshall requested an executive session to discuss a personnel matter. Councilman Meadows moved that Council go EXECUTIVE SESSION into executive session on a personnel matter. Motion was seconded by Councilman Clark, and carried, at 10:30 P. M. At 10:35 P. M. Council returned to regular session and REGULAR Mayor Ratcliff asked if there was further business to come bef ore SESSION the Council. Council agreed to hold its next budget work session on May 31st at 7:00 F'. M. There be_ng no further business, on motion of Councilman ADJOURNMENT Neblett, seconded by Councilman Clark, Council adjourned at 10:35 P. M. APPROVED: .-~ .~/ ~l Mayo Ratcliffe ATTEST: ~~ ~ , i Clerk o Council 1