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HomeMy WebLinkAbout03-06-908698 March .6 , x}89 %9 9U Minutes of the regular meeting of the Pulaski Town Council held March 6, 1990, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: James M. Neblett, 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 Anne Burgess, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Dee Ann Lindsey and Madelyn Rosenberg of the News Media Polly Mitchell J. B. Warner Mr. and Mrs. Woodrow Hurst Lewis Davidson Kyle Scharhag Bruce Deel, Youth Minister, Pulaski Church of God Jerry Haynes Gary Cutlip The invocation was given by Vice Mayor Neighbors. On motion made by Councilwoman Holston, seconded by Councilman Glenn, and carried, the minutes of the regular meeting of February 20, 1990, were approved as recorded. In hearing from the public, Mr. Lewis Davidson addressed Council opposing the issuing of an RBC license for the Braves at Calfee Park. He felt this would not be good for baseball and also they should not ABC play after 11:00 p.m. as this was disturbing to the surrounding ~~ residents. BRAVF~ Mrs. Polly Mitchell also opposed the ABC license as she felt it was not in the best interest of the Town. She also requested that the Town consider taking the collection of garbage back as we could pay contractor to pick up. She felt is was out of the County's hands when it is turned over to the PSA. Mrs. Inis Hurst spoke against the ABC license as she felt it would create a problem when walking on Pierce Avenue. Mr. Kyle Scharhag, Manager for the Braves, addressed Council regarding the measures and precautions they would be taking should they receive the license. He also answered questions from the citizens that were present. March .6, 1990 8699 ABC LICINSE - Braves - Calfee Park continued: Mayor Hancock advised that Mr. Terwilliger had been requested to brief Council on the lease negotiations. At 4:40 p.m. Councilwoman Copenhaver so moved 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: James M. Neblett - 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 At 4:55 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Councilman Neblett, seconded by Vice Mayor Neighbors and carried. Councilman Neblett made a motion that Certification Resolution be adopted, seconded by Vice Mayor Neighbors and carried on the following recorded vote: James M. Neblett - 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 CERTIFICATION RESOLUTION ~~~ ~~ Pulaski Town Council [] 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. The hearing to consider the issuance of ABC license to the Braves is scheduled for March 7th. Mr. Scharhag answered inquiries as made by Councilman Glenn. Vice Mayor Neighbors made a motion that Council instruct Mr. Holycross to convey to the hearing that they are opposed to beer sales in Calfee Park. Motion seconded by Councilwoman Holston and carried on the following recorded vote: James M. Neblett - 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 [i Mayor Hancock stated that they had always been supportive of the 8700 N1~rch 6, 1990 Braves and hoped they continued to play ball in Pulaski. There being no further comments from the public, Mayor Hancock called for Council Committee reports. UTILITIES COMMITTEE HAGER WATEEt BILL Chairman Neblett reported that the committee had met and discussed the water bill due to leak on the property of the Hager's laundrymat. The committee did not have a recommendation but for discussion purpose Chairman Neblett so moved that we pay 500 of the bill that has been incurred which would be approximately $400. Councilman Glenn seconded this motion. Councilman Glenn stated he had a problem with granting any further reimbursements based on the facts that had been previously discussed. He felt that the Town had gone as far as could be expected in this matter. He further stated that he felt the problem had been handled as best we can handle it. He could not support giving any further money at this point. Councilwoman Holston agreed with the comments of Councilman Glenn and felt the Town had handled this matter properly and in accordance with our ordinance. Councilman Graham advised that we had given relief on the sewer portion of the bill. Vice Mayor Neighbors made a substitute motion that any further payment to the Hager's be denied and that Mr. Campbell be notified, seconded by Councilwoman Copenhaver and carried on the following recorded vote: James M. Neblett - 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 Chairman Neblett reported that problems had been experienced with the superpulsator at the filter plant. They are still working on this Also, an engineering firm has been authorized to begin work on the Rt. 11 line. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE Apply. Chairwoman Copenhaver reported that the committee had met and so ~ Gmoved that William T. Smith, Jr. and R. David Warburton be reappointed LION to the Planning Commission for a four year term effective immediately. Motion seconded by Councilwoman Holston, and carried. Vice Mayor Neighbors voted "no" to this motion as he felt one member of the Planning Commission should also be a member of the Board of Zoning Appeals as had been recommended by the Town Attorney. PUBLIC OPERATIONS COMMITTEE 'IgAFFIC Chairman Graham reported that the committee had met and discussed SIQJS the request for stop signs at Prospect Avenue and 10th Street, and on Hermosa Drive at Sylvan Drive. Mr. Holycross reported that the Chief of Police, Town Engineer and Director of Public Works had recommended that we not install stop signs at these two locations. The primary reason was the installation of stop signs at these two locations would be contrary to the manual of uniform traffic control devices. March 6, 1990 8701 Mr. Holycross stated that people may be using Prospect Avenue in lieu of using Randolph Avenue and a traffic study will be conducted on Randolph. The committee also reviewed the drainage ditch on Grove Drive. Mr. Grove Holycross reported that the concrete drainage ditch provides drainage tea'-t'• for Grove Drive. Staff recommended that because this particular ditch is an integral part to the drainage on Grove Drive, that the Town assume responsibility for the maintenance of this particular ditch. There is a fence at this location placed by the property owner and it was felt it should be the property owner's responsibility to maintain the fence. The drainage ditch is street eligible and funding would come from these funds. Councilman Graham made a motion that this money be appropriated, $1,920, to correct the deterioration of this drainage ditch. Motion seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - 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 Chairman Graham asked that Mr. Holycross contact Habitat for Humanity regarding their request for access to their newly built homes. ORDINANCE COMMITTEE Chairman W. H. Schrader was absent. FINANCE COMMITTEE Chairman Neighbors had no report. MAYOR'S REPORT Mayor Hancock did not have a report. TOWN ATTORNEY'S REPORT Mr. Terwilliger presented an Ordinance closing an alley off Peach Street in the Town of Pulaski. Councilman Glenn so moved that reading of the ordinance be waived, seconded by Councilman Neblett and carried. Councilwoman Holston made a motion that ordinance be adopted, seconded by Councilman Glenn and carried on the following recorded vote: OrdjSlance James M. Neblett - Aye Andrew L. Graham - Aye closing J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Alley Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ORDINANCE CLOSING AN ALLEY OFF PEACH STREET IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, the Town Council of the Town of Pulaski received a request 8702 rlarch 6, 1990 to close a segment of any alley off Peach Street, parallel to Fourth Street, N.E. in Block 229 of the Town of Pulaski, Virginia; and, WHEREAS, after information was gathered by the Town staff and a view was taken by Council, and the matter was duly advertised for public hearing with appropriate notices given, and the public hearing was held on February 20, 1990; and, WHEREAS, it appears that it is in the public interest to close the aforesaid alley subject to any utility easements that might exist in favor of the Town across said alley; NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on March 6, 1990, that a certain alley lying from Peach Street to another public alley, and running parallel to Fourth Street, N.E. between lots 15-21 and lots 22- 28 of Block 229 of the Town of Pulaski, as shown on the plat attached hereto and made a part hereof, be and hereby is, abandoned, closed, and vacated with title hereto if any be vested in the Town, reverting without warranty to adjacent property owners as provided by statute; reserving, however, any and all utility easements which may exist in favor of the Town of Pulaski, its successors and assigns. This Ordinance is effective upon adoption and is adopted this 6th day of March, 1990, by recorded vote of the Town Council. Mr. Terwilliger presented four resolutions, all of which were identical, certifying signatures to the various banks in Town--Signet, Sovran, Charter Federal and Bank of Speedwell regarding authorization for transferring Town funds and for the withdrawal of Town funds. On the Signet account, in addition to the signatures so listed, the signature of Mildred Bolen, Assistant Town Treasurer, may be one of the two needed signatures for withdrawal. Councilman J. R. Schrader so moved that reading of the resolution be waived, seconded by Councilman Glenn and carried. Councilman Glenn made a motion that the four resolutions be adopted, seconded by Councilman J. R. Schrader and carried on the following recorded vote: RE50IlJITONS GTIIH James M. Neblett - Aye Andrew L. Graham - Aye SIQVATUKES J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent ADOPTED. Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye RESOLUTION BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, meeting in regular Session on March 6, 1990, that: 1. Sovran Bank, N.A., Charter Federal Savings Bank, Bank of Speedwell, and Signet Bank, is hereby designated a depository of the Town of Pulaski, Virginia. The Town states its intent to maintain such accounts at the Sovran Bank, N.A., Charter Federal Savings Bank, Bank of Speedwell, or Signet Bank, as may be indicated by the needs of the Town from time to time. ~~ I March 6, 1990 8703 2. In order to facilitate the transfer of Town funds from one account of the Town to any other account of the Town (whether also in this institution or not), Sovran Bank, N.A., Charter Federal Savings Bank, Bank of Speedwell or Signet Bank is hereby authorized and directed to honor any transferral order signed by either the Treasurer-Finance Director, or the Town Manager, when such order transfers funds from an account within said institution to either another account in the name of the Town within said institution, or to an account in the name of the Town of Pulaski, Virginia, in another financial institution. 3. {a) In order to facilitate the withdrawal of Town funds yet protect the interest of both the Town and the financial institution, the Town certifies the following signatures to said Banks: Name Title S/Gary L. Cutlip Town Treasurer 5/Donald Eugene Holycross Town Manager S/Gary C. Hancock Mayor S/Ruth A. Harrell Clerk (b) Sovran Bank, N.A., Bank of Speedwell, Charter Federal Savings, Signet Bank is authorized and directed to honor and pay any checks, drafts, notes or order drawn against Town accounts when such instrument has been signed by any two of the above persons. 4. To clarify the desired handling of money received by the Town, Sovran Bank, N.A., Charter Federal Savings Bank, Bank of Speedwell, Signet Bank, is instructed that any checks, drafts, notes or orders made payable to the Town of Pulaski, or to any of the above-named officers in their official capacity, are to be accepted for deposit only into an authorized account held in the name of the `Down of Pulaski, notwithstanding the fact that such instrument may be endorsed by two of the above individuals. 5. This resolution shall continue in force and said institution may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue as set forth in the certificate of the Clerk or accompanying a copy of this resolution when delivered to said institution or in any similar subsequent certificate, until written notice to the contrary is duly served on said institution. This Resolution is effective upon adoption and is adopted March 6, 1990. TRAIN STATION Mr. Terwilliger brought to Council's attention that the deed to the train station has been received from Norfolk-Southern. An assignment of lease has also been received on the bus station and we have a lease agreement on the initial strip of land between the train station and the track which makes it easier for us to move the fence closer to the track. TOWN MANAGER'S REPORT ~~~ Mr. Holycross stated that Joe Morgan, County Administrator, in Bldg. correspondence had indicated that the County, because of the Courthouse fire, does have a need for the Law Library space in the municipal 8704 March 6, 1990 building. They have indicated that they would need it for all of 1990 and would like to have an option for 1991 and hopefully by 1992 they will have new court space sufficient for a law library available. They have proposed to pay us the same rent, 5115 per month, that they were paying in the past for the law library as well as Justice Harman's suite of offices. Councilman Neighbors moved that the Town Manager be authorized to accept the proposal from the County Administrator for the use of the law library space in the municipal building, seconded by Councilman Glenn and carried on the following recorded vote: James M. Neblett - 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 Mr. Holycross stated that information had been received from Virginia Municipal League concerning Policy Committee Nominations. Council was requested to submit their name for nomination if they are interested, to Mr. Holycross' office for submission to Mayor Hancock. Mayor Hancock stated we had two requests, legal matters and real estate matters, to be considered in Executive Session. At 5:35 p.m. Vice Mayor Neighbors so moved that Council go into Executive Session under 2.1-344 A3 and A7, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - 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 At 6:40 p.m. Council returned to of the Certification Resolution on mo seconded by Councilman J. R. Schrader Councilman Neblett so moved that adopted, seconded by Councilman Glenn recorded vote: regular session and waived reading tion made by Councilman Glenn, and carried. Certification Resolution be and carried on the following C~I'Il~ICt1- James M. Neblett - Aye Andrew L. Graham - Aye TION RESOL. J. R. Schrader, Jr. - Aye W. H. S chrader, Jr. - Absent ADOPTED Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Gary C. Hancock - Aye Certification Resolution Pulaski Town Council 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 March 6, 1990 8705 1 ~~ certifies that, to the best of each member':; knowledge, (i) only public business matters 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. At 6:43 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councilman Glenn, and carried. APPROVED: ~• ~~~~ Mayor ATTEST: ~~ i~~ Clerk of Cou cil