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HomeMy WebLinkAbout07-31-9087$4 July 31 1990 Minutes of the Special Meeting of the Pulaski Town Council held July 31, 1990, at 5:20 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, Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk The Invocation was given by Mayor Hancock. Just prior to Special Meeting, an Executive Session on a legal matter (A7} and a personnel matter (A1) under 2.1-344 was held on motion made by Vice Mayor Neighbors, seconded by Councilman Glenn and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Councilwoman Holston moved that reading of certification resolutio be waived, seconded by Councilman Crispin and carried. Councilman Crispin moved that Certification Resolution be adopted, seconded by Councilman Glenn and carried on the following recorded vote: RESOLUTION Charles D. Crispin - Aye Andrea L. Graham - Aye ADOPTED J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye CERTIFICATION RESOLUTION 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 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. July 31, 1990 8785 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. After calling the special meeting to order, Mayor Hancock stated the purpose of the special meeting was to consider legislation to amend the Town Code, Section 17-2, Water and Sewer. Before Council was an ordinance amending Section 17-2 of Chapter 17 of the Pulaski Town Code and upon motion made by Councilwoman Holston, seconded by Councilman Crispin, and carried, reading of the ordinance was waived. Councilman Crispin made a motion that ordinance be adopted, seconded by Councilman Glenn. Vice Mayor Neighbors made inquiry as to voting on this ordinance with Mr. Terwilliger feeling that formal opinion would have to come from the Commonwealth Attorney, but it was his impression that since this does not affect Mr. Neighbors any more or less than it affects all others located in the same category, he did not think there coos any problem with him voting on it. Also, Mayor Hancock noted it would appear this ordinance would affect each and every citizen equally and he disclosed that there were certain citizens/businesses in the Town that his law firm represented, not on this particular matter, however. Motion then carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Diary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ORDINANCE WATER & SEWER AMENDING SECTION 17-2 OF CHAPTER 17 ORDINANCE ADOPTED OF THE PULASKI TOWN CODE WHEREAS, in order to promote health, safety, welfare, comfort, convenience, trade, commerce and industry in the Town of Pulaski, the Town Council deems it appropriate to amend the Pulaski Town Code to clarify and clearly reflect that the municipality has deemed itself to be the primary source of water for domestic, industrial, and commercial use within the Town; NOW, THEREFORE, BE IT ORDAIPIED by the Town Council of the Town of Pulaski, Virginia, sitting in special session on July 31, that Section 17-2 of the Pulaski Town Code be and hereby is amended to read as follows: Sec. 17-2. Exclusive service area for water and sewer systems. (a) The area within the corporate limits of the town is hereby designated as an exclusive service area far the town water system and sewer system. (b) All persons and entities in the service area using water for domestic, commercial, or industrial purposes, or any use other than the 8786 July 31, 1990 watering of crops and livestock, are required to connect to the Town water system, to disconnect from any other source and to purchase such water from the Town unless the Town expressly declines to furnish such water. (c) In furtherance and not in limitation thereof, the use of subsurface water in said area for domestic, commercial, or industrial purposes is prohibited unless the Town expressly declines to furnish such water. (d) In furtherance and not in limitation thereof, the use in said area of water from watercourses for domestic, commercial, or industria purposes is also prohibited unless the Town expressly declines to furnish such water; provided, however, that nothing contained in this ordinance will restrict or enlarge any existing privileges of withdrawal from and discharge into watercourses lawfully made under any existing State Water Control Board permit. (e) All persons and entities within the service area producing sewage or wastewater are required to connect to the Town sewer system, to disconnect from any other sewage or wastewater system, and to pay the appropriate connection fee and service charge where the Town sewage system is available. Where a building is so situation that the sewage or wastewater therefrom cannot be discharged into the Town sewer system, an approved type septic tank may be installed and used, which installation and use must be according to the specifications of the director of public health and the Virginia Board of Health. (f) The town may also serve customers outside its corporate limits and may designate such customers as a separate class for the setting of rates. This Ordinance is effective upon adoption and is adopted this 31st day of July, 1990, by recorded vote of the Town Council. At 5:27 p.m. Vice Mayor Neighbors so moved that Council adjourn, seconded by Councilwoman Copenhaver and carried. APPROVED: Mayor ATTEST: 1 Clerk of Council ~_'~ T ~~~ July 31, 1990 8787 l_ I Ii 1. WAIVER OF NOTICE OF SPECIAL MEETING f We, the undersigned, duly elected members of the Council of the Town of Pulaski, Virginia, hereby waive notice of a Special Meeting of said Council at 5:20 p.m. on the 31st day of July, 1990, for the purpose of CONSIDERING LEGISLATION TO AMEND THE TOWN CODE, SECTION 17-2, WATER I AND SEWER WITNESS our signatures this 31st day of Jules 1990. .