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HomeMy WebLinkAbout07-17-90July 17, 1990 Minutes of the regular meeting of the Pulaski Town Council held July 17, 1990, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary Hancock, presiding Council Members: Charles D. Crispin, J. R. Schrader, Jr., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Madelyn Rosenberg of the news media Mr. and Mrs. J. B. Warner Mrs. Polly Mitchell Mr. and Mrs. Claud Kirkland Mrs. Lori Holycross Mr. Allen Powers Mr. John Hawley Mr. DeHoff 13 area citizens The Invocation was given by Councilwoman Alma Holston. 8777 Councilwoman Holston made a motion that the minutes of the regular meeting of July 3, 1990, be approved as submitted, seconded by Councilman J. R. Schrader and carried. LANDFILIIn hearing from the public, Mrs. Polly Mitchell expressed concerns about the proposed Wythe County Landfill and its location being in Bear Wallow Hollow, about four miles from Gatewood Dam. A lot of tributaries run from this hollow and could run underground. Mrs. Mitchell quoted health problem figures from Lillydale, that could be caused from the Pulaski County Landfill. Utilizing a map of Pulaski area and Max Meadows, Mr. Holycross pointed out the location of the proposed landfill. The majority of the drainage area drains away from Peak Creek but a portion of the site does drain into Bear Wallow Hollow which drains into Indian Grave Creek and Indian Grave Creek drains into Peak Creek below the Gatewood Dam, but above our raw water intake. Mr. Holycross stated we would be asking for more information and will continue to monitor this situation. A letter is being prepared to go to Project Manager as well as the Wythe County Board of Supervisors and the Bland County Board of Supervisors indicating that we are concerned because a portion of the landfill would be located within the drainage area of Peak Creek and could potentially drain into a public water supply. A copy of the letter would also be sent to the Department of Health and the Division of Waste Management. There is the possibility that the Town could have an expert in this field to examine the situation. Mr. Holycross stated they were 8778 July 17, 1990 encouraging them to consider other sites and will keep Council informed. Mr. Ron DeHoff, 500 Henry Avenue, 980-6712, asked Council about the dog lease law and was informed that the County has the ability to enforce. Mr. Holycross will look into this problem and will send correspondence to the County regarding this problem. RECYCLING Ms. Sandy McCrady and Mrs. Jennie Johnston, representing the Humane Society, talked with Council regarding recycling newspapers which will financially help the Humane Society. Mr. Holycross reported that we a a member of the New River Resource Authority and they are establishing recycling program but as yet a site and time table has not been determined. Mr. J. B. Warner, representing Concerned Citizens, Inc., again addressed Council with questions regarding the shopping center being ZONING constructed on Memorial Drive. On the question of widening Peppers Ferry Road in vicinity of the shopping center, Mr. Holycross reported the developer will construct an additional turning lane on Peppers Ferry Road from Memorial Drive to the rear entrance into the shopping center. That additional turning lane will be platted as Town right of way. On the question of sidewalks, the developer will construct sidewalks for the full length of the shopping center, but they did not proffer and do not plan to construct sidewalks along Peppers Ferry Road. However, Mr. Holycross is to determine the cost of constructing sidewalk along Peppers Ferry Road. Mr. Holycross further advised that Wyatt Development Co. was formed in 1971 and is solely in the commercial development business. It is one of the top 30 shopping center developers in the country. Wyatt Development uses equity partners (such as pension funds, investment firms and wealthy individuals). Weldon Wyatt is the president of Wyatt Development Co., is the general partner, managing partner and controlling partner in each partnership. 7-Oaks, which holds a deed of trust on the outparcel, is a partnership of Weldon Wyatt and Joe Wyatt. On the question of schedule for development of the center, they will have all building plans for the shopping center to the Town by September 1. The company does intend to construct the center in phases, with Wal-Mart and Food Lion to be first and the balance of the center to follow. They expect to have regional tenants in the center that typically follow Wal-Mart from shopping center to shopping center so that they can get the maximum exposure from the lead tenant. Mr. Holycross further stated that Wyatt Development has approximately 80 people on their payroll and has its own legal, accounting, management, leasing, engineering and construction departments. They handle the full development of their shopping center from first stages through the completion. They also have an AAA credit rating. Councilman Crispin read a statement regarding dates and especially the extension date and it was his understanding the developer had to make a request for an extension on or before June 27th and the Town would have to issue that extension on or before the same date. He also questioned whether Wyatt Development had acknowledged and agreed in writing to conditions A, B, C and D of the letter of extension of the one year. Also, if Wyatt Development/partnership was licensed to do . July 17, 1990 8779 business in the State of Virginia. He also asked under what conditions a performance bond could or should be imposed. Mr. Terwilliger reported that in reading of the Town ordinance it gives the Town Manager 30 days from the date of receipt of the request. The request has to be made within the last 90 days, and 30 days from the receipt of the request is the time period in which the Town Manager should act upon it so he is well within the 30 day time period in responding to this request. The answer to the request does not have to be made within the original one year period. The zoning ordinance is very clear on this point. We have not received a response back from Wyatt Development Co. and they can either accept the extension with conditions or not at this point. If plans are not submitted by September 1, the extension would have been violated. Mr. Holycross will check back with Wyatt to see what their response will be. Mr. Terwilliger reported there is some authority in the State Code and in our ordinance that would enable us under certain circumstances to require a bond. For any developer to post a bond the size of the project would double the cost of the project because no insurance company is going to take a bond unless they have assets pledged that are equal to the value of the bond. It was felt it was an impractical tool. Councilman Crispin also questioned if the land would be put back into place if center did not develop. Mr. Terwilliger advised he had spoken with commercial loan officer of one of the larger banks in Virginia involved in the financing of this project and they have worked well with Wyatt Development in the past and they are very satisfied with the way they have been able to rent space in the projects. They have been found to be very financially responsible. Wyatt Development will have a substantial equity interest and be fronting their own money in this project. Mr. Holycross stated the land disturbing part of the project is covered by a $25,000 bond. On inquiry from Mr. Warner, he was informed that the partnerships that are established for shopping center development, Weldon Wyatt is the managing partner, controlling partner, general partner of the partnerships. Mr. Warner also felt that Council would get a request to rezone the adjacent property up Peppers Ferry Road to business because this one piece of residential property beside commercial property, therefore, he felt that sidewalks would be needed on Peppers Ferry Road. There being no further comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE Chairman Graham had no report. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE Chairwoman Copenhaver had no report. FINANCE COMMITTEE 8780 July 17, 1990 Chairman Neighbors had no report. PUBLIC OPERATIONS COMMITTEE CLAIM Co-Chairperson Holston reported that committee had met and made a field inspection of properties in Kersey Bottom area. We had flood damage in area where we built the bridge. It was the general consensus of the committee that the construction of the bridge was reasonable and prudent and that the flood was an Act of God. ORDINANCE COMMITTEE Chairman W. H. Schrader had no report. PLANNING COMMISSION REPORT Councilman W. H. Schrader reported that the commission had met on COMP. July 9, 1990, and discussed the comprehensive plan. There were some PLAN changes that the commission will recommend to Mr. K. W. Poore for draft. After revisions are made, the Planning Commission will bring back to Council. HISTORIC The Sub-Committee on the Residential Historic District Zoning DIST. Ordinance has requested guidance from Council on whether or not this should be pursued further. Councilman Schrader will take this item back to the Ordinance Committee for their review, MAYOR'S REPORT Mayor Hancock read a Resolution honoring James M. Neblett upon his departure from the Town Council. Councilman Crispin so moved that Resolution be adopted, seconded by Councilman Glenn and carried on the following recorded vote: RESOLUTION Charles D. Crispin ADOPTED - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye RESOLUTION HONORING JAMES M. NEBLETT UPON HIS DEPARTURE FROM THE TOWN COUNCIL WHEREAS, James M. "Jim" Nebiett was elected to serve on the Town Council of the Town pf Pulaski, Virginia, in 1974 and thereafter served by election and appointment for a total of fifteen years until June 30, 1990; and, WHEREAS, during his tenure on the Town Council, he has served with distinction as Chairman of the Public Safety Committee, Chairman of the Nominating Committee, Chairman of the Public and Personnel Relations and Nominating Committee, Chairman of the Utilities Committee, and as a member of numerous other working committees of the Town Council; and, WHEREAS, during his service Jim Neblett has dealt capably with numerous complex issues and projects affecting past, present and future generations of Town residents, including but not limited to participation in the Pepper's Ferry Regional Wastewater Treatment Plant, ^ July 17, 1990 8781 the issue of consolidating governments, the Pulaski Furniture and Magnox UDAG projects, the Pulaski Main Street Program, annexation, the revision of the Town Charter and Town Code, the Town Centennial Celebration, and the downtown street and sidewalk improvements; and, WHEREAS, most recently, as the Council's representative to the Ad Hoc Recreation Committee, Jim Neblett has helped create the pilot project for a joint recreation program with Pulaski County and the Town of Dublin; NOW, THEREFORE, be it RESOLVED by the Council of the Town of Pulaski, Virginia, sitting in regular session on July 17, 1990, that the Town Council should, and hereby does, publicly recognize the significant and lasting contributions of James M. "Jim" Neblett to the citizens of the Town of Pulaski and does hereby thank him for his years of service and for the unselfish dedication that he has brought to his duties as a member of the Town Council. BE IT FURTHER RESOLVED that a copy of this resolution be recorded as a part of the minutes of this meeting and that the original be delivered to James M. Neblett as a token of the esteem in which he is held by the Town Council. This Resolution is effective upon its adoption and is adopted by unanimous vote of the Town Council of the Town of Pulaski, Virginia, on this the 17th day of July, 1990. Mayor Hancock further displayed plaque that has been prepared for Mr. Neblett. TOWN ATTORNEY'S REPORT CABLE Mr. Terwilliger presented Resolution as requested by Council supporting the Cable Competition Act and Municipal control of Cable Television companies. Councilwoman Copenhaver so moved that reading of resolution be waived, seconded by Councilman Glenn and carried. Councilman Glenn made a motion that Resolution be adopted, seconded by Vice Mayor Neighbors and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Resolution TOWN OF PULASKI, VIRGINIA RESOLUTION SUPPORTING THE CABLE COMPETITION ACT HR 2437 AND MUNICIPAL CONTROL OF CABLE TELEVISION COMPANIES WHEREAS, prior to the Cable Communications Act of 1984, municipalities were able to regulate local cable television companies and were able to negotiate rates and the range of services as part of the franchising process; and, WHEREAS, the preemption of state and local power by said Act has resulted in a total loss of control of rates and level of services, and 8782 July 17, 1990 it is clear that free market competition under said Act has not benefitted the citizens of Southwest Virginia and the Town of Pulaski; and, WHEREAS, Congressman Rick Boucher has authored THE CABLE COMPETITION ACT (HR 2437), which addresses many of the concerns voiced by Pulaski residents to the Town Council; NOW, THEREFORE, be it RESOLVED by the Council of the Town of Pulaski, Virginia, sitting in regular session on July 17, 1990, that t Town Council should, and hereby does, endorse the passage of the CABLE COMPETITION ACT (HR 2437) and also endorses the principle that localities are best suited to address the needs of their residents through the negotiation of franchises that include provisions controlling rate and service levels. This Resolution is effective upon its adoption and is adopted by unanimous vote of the Town Council of the Town of Pulaski, Virginia, on this the 17th day of July, 1990. Copies of this Resolution to be forwarded to Congressman Boucher and our two Senators. TOWN MANAGER'S REPORT HOUSING Mr. Holycross distributed minutes of the meeting of April 4, 1990, GRANT of the Town of Pulaski Redevelopment and Housing Authority. The housing grant that we have- through the Department of Housing & Community Development for the rehabilitation of rental units within the downtown area will have program income generated from this project. This will be primarily from repayment of loans that were made to some of the property owners involved. We must come up with a plan for the expenditure of this program income. The Housing Authority recommended that the money be used for further housing rehabilitation within the project area as well as nuisance abatement. Councilman J. R. Schrader so moved that Council endorse the concep of using the money for those purposes, seconded by Vice Mayor Neighbors and carried. Mr. Holycross will bring further information back to Council. At 8:15 p.m., Councilman Crispin made a motion that Council go into Executive Session on a Legal Matter under 2.1-344 A7, seconded by Councilwoman Holston and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye At 8:57 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Councilman Neighbors, seconded by Councilman Crispin and carried. Councilwoman Holston made a motion that Certification Resolution be adopted, seconded by Vice Mayor Neighbors and carried on the following recorded vote: July 17, 1990 8783 Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Gary C. Hancock - Aye CERTIFICATION RESOLUTION RESOLUTION PULASKI TOWN COUNCIL ADOPTED WHEREAS, the Pulaski Town Council has convened an executive meeting on this date pursuant to an affirmation recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 52.1-344.1 of the Code of Virginia requires a certification by this Pulaski Town Council that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Pulaski Town Council hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii} only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Pulaski Town Council. Mr. Holycross reported that the final I&Z Report should be received within two weeks. Mayor Hancock updated Council on progress of the train station. It appears that we are basically at a break even point now except for the Farmer's Home Loan that we are getting. When this money comes in, it will be used to pay back the General Fund. The other money that has been pledged and committed will also be used to pay back the General Fund. When this is done, we will be at a break even point with the exception of the loan. Mrs. Kelly is planning to be married in September and has requested the amount that needed to be raised. According to Mr. Compton, it appears that this figure is $120,000. A meeting has been scheduled with the Chamber of Commerce to see if they will help us raise the money. We hope to raise the necessary monies needed to complete the project which does not include the actual loan money. Mayor Hancock requested that Mr. Holycross start planning another Planning Retreat for Council as it is felt that these retreats are very productive At 9:07 p.m. Councilman Graham so moved that Council adjourn, seconded by Councilman W. H. Schrader and carried. APPROVED: Mayor ATTEST: