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HomeMy WebLinkAbout01-21-929042 January 21, 1992 Minutes of the regular meeting of the Pulaski Town Council held January 21, 1992, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: Charles D. Crispin, J. R. Schrader, Jr., Mary Lou Copenhaver, James M. Neblett, 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 Visitors: Dee Ann Lindsey and Paul Dellinger, News Media Mr. and Mrs. J. C. Montgomery Mr. and Mrs. J. B. Warner Jacob Blevins Henderson Randolph Ross & Regina Clark Amy Webb Lynn Coltrane Chad Hall Roy D'Ardenne Mr. and Mrs. Jim Neighbors Michael Manus Joe Weddle Polly Mitchell The meeting was called to order by Mayor Hancock and was followed by the Pledge of Allegiance. The Invocation was given by Councilman Neblett. Following the roll call, Councilwoman Holston so moved that minutes of the regular meeting of December 17, 1991, be approved as submitted, seconded by Councilman Crispin and carried. Mayor Hancock welcomed visitors to the meeting and in particular welcomed the Government students from the Pulaski County High School. Mayor Hancock advised that the first item on agenda was the presentation of a resolution honoring past Vice Mayor James R. Neighbors. Mr. RESOLU. Neighbors resigned from Town Council in September when he moved his JIM residence into the County. NEIGHBORS Mayor Hancock then proceeded to read Resolution No. 92-2 honoring Mr. Neighbors. Councilman Crispin made a motion that Resolution be adopted, seconded by Councilman Neblett and carried on the following recorded vote: January 21, 1992 9043 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. Neblett - Aye Robert N. Glenn - Aye Mr. Neighbors was presented with the resolution, a plaque and a "key" to the Town by Mayor Hancock who also expressed the Town's appreciation for his many hours of dedicated work and contributions to the Town. Mr. Neighbors' leadership will be missed. Mr. Neighbors stated that he enjoyed serving the Town. He felt we had a good staff and good employees. WATER In hearing from the public, Mr. Jake Blevins, 1325 Dora Highway, addressed Council regarding a high June water bill which he could not get an adjustment for. He stated he did not have a leak, however, the meter was replaced. The Public Operations Committee was requested to look into this complaint. PEAK Creek Mr. Blevins also advised that the debris in Peak Creek behind his house was to be removed. He stated that the Public Works Department did push the debris to the side of the creek, however, it has not been removed. Mr. Holycross will look into the matter of having the debris removed. STREET LIGHT Mr. Blevins also questioned the installation of street lights on Bridge Street. He was informed this was part of the block grant program which is now in progress. Installation of the lights is scheduled for next spring. Sewer work, drainage improvements and street paving will be done before the street lights are installed. Mr. J. B. Warner, Oakhurst Ave., questioned the lack of street lighting at back side of the municipal building. Mr. Holycross reported that a work order had been in with APCo for approximately three months to upgrade this lighting for the rear parking of the municipal building. Nlrs. Polly Mitchell, Prospect Ave., questioned if Council could do COUNCILaway with a meeting of Council without the Council voting on it at the MEMBERSprior meeting. Mr. Terwilliger felt it was required that Council meet once a month. Mrs. Mitchell also asked if Council would be paid for two meetings when only one meeting was held. Mrs. Mitchell was informed that Council would be paid the same. At this time, Mr. Terwilliger began researching the Charter for clarification of the Council meetings. GATEWOOD Councilman Crispin expressed concern regarding the placing of Christmas trees in Gatewood Reservoir as the environmental impact of sprays, decorations, etc. on the trees was unknown. He further questioned the disconnection of water of 30 residences in error by the Billing Department. Also, that the Treasurer's Department was not depositing tax bill checks in a timely manner. He asked what steps were being taken to correct these situations. Councilman Crispin stated that since the assessed value of most of the properties in Pulaski County increased this year and, as stated by 9044 January 21, 1992 GATEWOOD, continued: our Town Manager, we are well within our budget for fiscal 1991/92, and it is anticipated that we will end fiscal year under budget, he felt we should start planning immediately to reduce the tax rates on real estate in the Town of Pulaski. Councilman Graham also read a statement expressing his concern about using Gatewood Reservoir as a landfill and he was concerned also with what the trees had been sprayed. A copy of his remarks is attached to the permanent file copy of the minutes of this meeting. Mr. Holycross stated that request was received in December from Director of Parks and Recreation that they would like to put a press release in the paper for trees so that they could put them in Gatewood and create a favorable fish habitat. Before permission was given to do this, it was requested that they talk with the Department of Health. The Department of Health had no problem with putting the trees in the reservoir and it was advertised. This was not the first time that trees have been put in the reservoir. A representative from the Department of Game and Inland Fisheries assisted in the operation. Mr. Holycross had not received any inquiries regarding the press release from Council Members or citizens. In reference to the 30 customers who received shut off notices WATER inadvertently, Mr. Holycross reported to get the bills out on time, a procedure on the computer was missed, and 30 accounts were not posted prior to the issuance of the bills. Regarding the meters that are removed, there is a method of testing these meters by independent agencies. This procedure is very expensive. Mr. Holycross stated that the principle reason that real estate bills were late is that we rely on information from the County and we have had some problems getting this information in time to allow us to process the bills and get them out on time. This has been discussed with the Commissioner of Revenue's office. Steps will be taken to correct this in the future. Mayor Hancock reported that no tax increase can be undertaken even as a result of the reassessment unless it is advertised. Tax decrease should be taken up in budget work sessions, however, ore do need to have a reserve. Councilman Crispin stated that the Town loses revenue if checks are not deposited in a timely manner. Mr. Holycross stated the Finance Department is taking steps to deposit the checks as quickly as possible. Sometimes the payments come in more quickly than they can be processed. GATEWOOD Councilman Graham made a motion that nothing be put in Gatewood Reservoir for disposal, such as Christmas trees unless approved by the Town Council. Motion seconded by Councilman Crispin. Councilman Neblett made a substitute motion that we put this matter into the Public Utilities Committee and vote on it at the next Council meeting. Motion seconded by Councilwoman Holston and so carried. Councilman Crispin voted no to this motion. Addressing an earlier point, Mr. Terwilliger stated the charter language speaks to regular meeting that is mandated. If the one meeting January 21, "1992 9045 COUNCILMEMBERS is not held per month, by charter that has got to be by the written consent of Council, or affirmative vote of Council in open session. The Town Code states we shall have meetings on the first Tuesday of the month and the third Tuesday of the month unless changed by Council and it does not say how Council may change. In the Rules and Regulations that were adopted in February, 1991, the same language is taken from both sections; language putting two meetings in and then putting the procedures for changing to be either an affirmative vote of Council in apen session or written agreement by majority of Council. We are not in violation of the Charter, nor in violation of any ordinance, however, Council is in violation of their own Rules and Procedures that they adopted. There is no penalty. PUBLIC OPERATIONS COMMITTEE Chairman J. R. Schrader had no report. PUBLIC & PERSONNEL RELATIONS Appt, to Chairwoman Copenhaver reported that the Personnel Committee had met Peppers January 16, 1992. The Personnel Committee recommended appointing Don E. Ferry Holycross, Town Manager, to complete the unexpired term of Ira S. Crawford on Peppers Ferry Regional Wastewater Treatment Authority. Mr. Crawford resigned as the Town's representative after he was elected to the Pulaski County Board of Supervisors. The term expries December 31, 1992. Chairwoman Copenhaver so moved that reading of Resolution No. 92-1 appointing Mr. Holycross to the Peppers Ferry Regional Wastewater Treatment Authority be waived, seconded by Councilman J. R. Schrader and carried. RESOLUTION PEPPERS FER. Councilwoman Holston made a motion that Resolution No. 32-1 appointing Don E. Holycross to the Peppers Ferry Regional Wastewater Treatment Authority to replace Ira S. Crawford be adopted, seconded by Councilman J. R. Schrader 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 M. Neblett - Aye Robert N. Glenn - Aye PLANNING Chairwoman Copenhaver advised that Andy McCready had resigned from COMM. the Town Planning Commission on January 14, 1992 and his term expired January 19, 1992, and so moved that Katy Kirk be appointed to the Planning Commission for a four year term to expire January 21, 1996, seconded by Councilwoman Holston and carried. PLANNING COMMISSION Mr. Lyons reported that the Planning Commission had met January 13, ZONING 1992 and considered a request by E. Ray Lemon to rezone 1730 Lee Highway PUBLIC located at the corner of Route 11 and Oakhurst Avenue, from R-2 HEARING (Residential) to B-Z (General Business) and also considered proposed amendments to the Zoning Code, Article 5 Section 2 (Change of a Nonconforming Use) and Article 5 Section 5 (Discontinuance of a Nonconforming Use). A joint public hearing with the Town Council was scheduled for February 18, 7:00 p.m. to hear public comments on these 9046 January 21, 1992 two items. Dr. Anneski was named Chairman of the Planning Commission for the upcoming year and Roy D'Ardenne was named Vice-Chairman. The terms are effective during January-December, 1992. The Planning Commission's Annual Report for 1991 was distributed to Council. FINANCE COMMITTEE In the absence of Chairman W. H. Schrader, Mr. Holycross reported the Finance Committee had met January 16, 1992. The Town P4anager reviewed the December, 1991, Revenue and Expenditure Reports for the REVENUES General, Water, and Sewer Funds. For the Water Fund, we are in line with the budget for the year, expending 430 of the budget through December, 1991, and our expenditures are approximately $24,000 less than they were one year ago. Copies of the Annual Audit were distributed and preliminary information on delinquent real estate taxes and methods of collection were distributed. The Finance Committee requested that staff prepare a report outlining delinquent real estate taxes, personal property taxes and method of collection as well as personnel costs involved. ORDINANCE COMMITTEE Chairwoman Holston had no report. UTILITIES COMMITTEE Chairman Graham had no report, however, advised a committee meeting would be held Wednesday, January 29th. MAYOR'S REPORT TRAIN Mayor Hancock advised that we have been making requests to try to STATION obtain funding from the General Assembly for the Train Station and for the connection of the New River Trail State Park. Representatives were sent to the budget hearing in Wytheville. Letters have been sent to the Chairman of the Senate Finance Committee and tYie House Appropriations Committee. Citizens have also written letters on behalf of the Town. We have also written to the Secretary of Economic Development. Mayor Hancock advised we are trying to monitor legislation in the General Assembly that might have some impact on the Town. The Virginia Municipal League, in conjunction with Virginia Tech, is sponsoring the first Virginia Mayor's Institute in February and Mayor Hancock is tentatively scheduled to attend this session. TOWN ATTORNEY'S REPORT COUNCILMEMBER Councilman Glenn so moved that Councilman W. H. Schrader be excused from Council due to illness, seconded by Councilwoman Copenhaver and carried. Mr. Terwilliger requested an Executive Session on two items under 2.1-344 A7. January 21, 1992 TOWN MANAGER'S REPORT 9047 Mr. Holycross reported that in November, the Finance Committee RESCUE considered a request from the New River Valley Rescue Squad for $9,000 SQUAD for the purchase of two defibrilators to benefit cardiac patients. At that same time, the Rescue Squad also asked Pulaski County to contribute 55,000 for the purchase of extrication equipment. The Finance Committee reviewed the request and recommended to the full council that up to $7,000 be appropriated from the General Fund Reserve for one-half of the cost of the defibrilators and extrication equipment provided that Pulaski County appropriate the remaining $7,000. The full Council did not take any action at the time, however, because the County had not decided whether it would consider the request now or during the 1992-93 budget process. The County has since appropriated up to $7,000 for the purchase of the defibrilators and extrication equipment. Councilwoman Holston so moved that the Council appropriate up to $7,000 from the General Fund Reserve for one-half of the cost of two defibrilators and extrication equipment for the New River Valley Rescue Squad, seconded by Councilman Crispin 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 M. Neblett - Aye Robert N. Glenn - Aye VML Mr. Holycross reported that the Virginia Municipal League and the Virginia Association of Counties are joining forces this year to sponsor a joint Legislative Day in Richmond on February 13. Local officials are encouraged to go to Richmond to talk with Virginia's legislators about legislation affecting local government. Mr. Holycross requested those Councilmembers interested in going to Richmond on February 13 to notify his office. REASSESSMENT Mr. Holycross reported that according to preliminary figures from the Commissioner of Revenue's Office, the reassessment is a 13a increase in the land and building values within the Town. Mayor Hancock clarified that some people felt if their property reassessment went up, their taxes would go up by that amount. This is incorrect because unless it is within the 1o figure, then we have to make the taxes the same as they are now, taking into consideration the increased property values. They do not automatically go up. In fact, there has to be a specially advertised public hearing that we are going to increase taxes before we can do that. Although the figures are preliminary and subject to change, Section 58.1-3321 of the Code of Virginia would require the Town, where any reassessment would result in an increase of 1 percent or more in the total real property tax levied, to either reduce the tax rate or to ^ 9048 January 21, 1992 treat the reassessment as a tax increase and to schedule a public hearing on such increase. Mr. Holycross advised that the joint meeting with Pulaski County and the Town of Dublin would be held January 30, 7:00 p.m. at the Appalachian Power Co. auditorium. Mr. Holycross advised Council that on January 31st at 3:30 p.m. there will be a representative from the Department of Historic Resources to present the Mayor with a plaque designating the Southside Historic District. Mr. Holycross requested an Executive Session on a real estate matter under 2.1-344 A3. Mr. Holycross reported that the level of water in Gatewood Reservoir has increased about 4-5 feet. Mr. Holycross also reported that the gas tanks at the Train Station would be removed by the Town crews, and money has been budgeted to do this project. At 8:20 p.m., on motion made by Councilwoman Holston, seconded by Councilman J. R. Schrader, and carried, Council went into Executive Session on two matters, under A7 and one matter under A3, 2.1-344, 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 M. Neblett - Aye Robert N. Glenn - Aye At 8:47 p.m. Council returned to regular session and waived reading of the certification resolution on motion made by Councilman J. R. Schrader, seconded by Councilwoman Holston and carried. RESOLUTION Councilman Glenn made a motion that certification resolution be ADOPT. adopted, seconded by Councilwoman Holston and carried on the following recorded vote: Charles D. Crispin - Aye Rndrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Aye Mayor Hancock advised there is an undeveloped right-of-way off Prospect Avenue behind the house of Red Jordan separating the house of Carrie Powers/Turman properties that has been abandoned and not used for ALLEY Years. We have had a request that we quit claim deed this property to the owners on either side of the right-of-way. Councilman Neblett so moved that the quit claim deed be signed, seconded by Councilman Crispin. Mr. Terwilliger advised that an ordinance was adopted in 1951 closing the alley. This is just to clarify for some of the property owners. January 21, 1992 9049 Motion then carried on the following recorded vote: Charles D. Crispin - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James M. Neblett - Aye Andrew L. Graham - Aye W. H. Schrader, Jr. - Absent Alma H. Holston - Aye Robert N. Glenn - Aye COOL SPRI,or Hancock stated that before Council was Resolution No. 92-3 PROdeclaring the public necessity for the use of condemnation proceedings for an easement for the Cool Springs sewer project. An individual is not capable of signing a deed who owns a portion of this easement. Councilman J. R. Schrader so moved that reading of the Resolution be waived, seconded by Councilman Crispin and carried. RESOLUTION ADOPTED, Councilman Crispin so moved that Resolution No. 92-3 be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: Charles D. Crispin - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James M. Neblett - Aye Andrew L. Graham - Aye W. H. Schrader, Jr. - Absent Alma H. Holston - Aye Robert N. Glenn - Aye Mayor Hancock stated that any member of Council who was offended by the cancellation of our last Council meeting, he sincerely apologized as it was his decision and at his direction. At 8:57 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilwoman Copenhaver, and carried. 1 Attest: ,~,~ ~, Clerk of Council APPRO ED: Mayor i