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HomeMy WebLinkAbout05-15-90May 15, 1990 8733 Minutes of the regular meeting of the Pulaski Town Council held May 15, 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, W. H. Schrader, Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey of the news media Mr. and Mrs. Warren Hurst Mr. and Mrs. J. B. Warner Mr. and Mrs. J. C. Montgomery Mr. Jim Griffith, C & P Telephone Co. Lori Holycross and Jeffrey 7 area citizens The invocation was given by Councilwoman Copenhaver. STUDENT GOV. DAY On behalf of the Town Council, Mayor Hancock welcomed visitors. He stated this had been a very special day as we participated in Student Government Day. He introduced the Pulaski Middle School officials as follows: Mayor - Melissa Smith; Town Manager - R. Ratcliffe; Treasurer - Rhoda Quesenberry; Engineer - Amy Chan; Fire Chief - Nat Clemmons; Chief of Police - Brian Redd; Director of Recreation - Missy Courtney; Director of Public Works - Emily Folsom and Council Members - Kim Norris, Amanda Reese, Sabrina Smith and Sherry Vest. A mock Council, Meeting was held earlier in the day. On motion made by Councilwoman Holston, seconded by Councilwoman Copenhaver and carried, the minutes of the regular meeting of May 2, 1990, and the special meeting of May 10, 1990, were approved as recorded. C&P TELE. The first item on agenda was franchise for telephone service. Mr. Holycross reported that the procedure that we must go through is to adopt a resolution that would basically establish the parameters of an ordinance for the granting of a new franchise for telephone service. Thi$ would then be advertised and bids would be sought for providing this particular service. Bids would be opened at second Council meeting in $une and also award the franchise at this time. The only change in the draft ordinance would be changing the bond from $2,500 to $50,000 that the company shall provide. i Councilman J. R. Schrader moved that reading of the resolution be waived, seconded by Vice Mayor Neighbors and carried. Councilwoman Holston made a motion that Council adopt the resolution which will authorize staff to advertise for bids for the 8734 May 15, 1990 awarding of a franchise for telephone service and changing bond in ordinance from $2,500 to 550,000. Motion 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. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye C&P RESOLUTION ADOPTED RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, that the annexed ordinance, entitled "AN ORDINANCE GRANTING A FRANCHISE TO ITS SUCCESSORS AND ASSIGNS, TO USE THE STREETS AND OTHER PUBLIC PLACES OF THE TOWN OF PULASKI, VIRGINIA, FOR ITS POLES, WIRES, CONDUITS, CABLES AND FIXTURES," be advertised once a week for four successive weeks in the Southwest Times, a newspaper published in the Town of Pulaski, Virginia, and having a general circulation in the Town of Pulaski, Virginia; and that said advertisement shall invite bids for the franchise proposed to be granted in said Ordinance, which bids are to be in writing and delivered to the presiding officer of the Council in open session, to be held in Council Chambers, on the 19th day of June, 1990, at 7:00 o'clock, P.M., the right being reserved to reject any and all bids. BE IT FURTHER RESOLVED that the invitation for bids to be published with said Ordinance shall be as follows: The Town of Pulaski, Virginia hereby invites bids for the franchise proposed to be granted in the following ordinance, duly passed by the Council and approved by the Mayor on the 15th day of May, 1990, which bids are to be in writing and delivered to the presiding officer of the Council of said Town in open session, to be held in Council Chamber i said Town on the 19th day of June, 1990, at 7:00 o'clock, P.M., the right being reserved to reject any and all bids. Be it further resolved, that the successful bidder shall pay the cost of advertising the franchise. The second issue discussed was the Pierce Avenue situation. Mr. WITT PROPTerwilliger advised the Housing Board of Adjustments and Appeals had met PIERCE on May 3, 1990. The Board was advised that Mr. Witt, S&F Vending, had AVE. abandoned the property. The Town's position is that you can walk away from your rights in a piece of property, but you cannot walk away from your responsibilities. Various remedies include taking court action at this time to force, by injunctive action, S&F Vending to demolish the buildings or get them to the point where they are no longer a nuisance, or we can proceed to take bids and take the action ourselves, abate the nuisance and then sue them for the dollar amount. Mr. Compton is in the process of obtaining bids and then we can make a decision as to which way to proceed. If the bids come in so high that we don't want to risk putting in Town money and not being able to collect it later, then we will recommend the other route. It will be up to Council to decide which way they want to go. The property is held in the name of a corporation, S&F Vending, and May 15, 1990 8735 there is the possibility that if the Town expends its funds, the corporation may or may not have assets left. Mr. Terwilliger stated if the bids come in in a reasonable dollar amount, he suggested we go ahead and abate the nuisance. Just the lower building was condemned by the Building Inspector. Councilman Neblett so moved that once the bids are back, the Town Manager can bring the matter to the Finance Committee with all members of Council invited, and if committee felt it necessary, could take action to authorize the Town administration to proceed to hire someone to tear down the building. 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. - Aye Mary Lou Copenhaver -,Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye There being no further comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE FILTER PLANTChairman Neblett reported that the Department of Health's Division of Water Programs was present at the Filtration Plant for final inspection of the expansion work, and gave their o.k. to go to four million gallons of water a day. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE Chairwoman Copenhaver had no report. FINANCE COMMITTEE Chairman Neighbors had no report. PUBLIC OPERATIONS COMMITTEE Chairman Graham requested that a work session be scheduled on the downtown traffic study. Mayor Hancock stated we also needed a work session on the Public Improvement Plan. Mayor Hancock has forwarded this plan to the Chamber of Commerce and downtown merchants requesting their comments. ORDINANCE COMMITTEE Chairman W. H. Schrader had no report. MAYOR'S REPORT MAYOR Mayor Hancock reported that the president of the Virginia Municipal League had requested that he serve as Chairman of the Economic Development Committee. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no further report. 8736 May 15, 1990 TOWN MANAGER'S REPORT Mr. Holycross reported that a grant request for Peak Creek Watershed Study had been prepared by the New River Valley Planning GRANT District. The purpose of the study is to identify sources that may be PEAK contributing to the pollution within the creek, developing a strategy CREEK for dealing with the problem, identifying funding opportunities, and basically coordinating the local government and community understanding of the situation. The Planning District Commission has requested that the Town consider sending a letter in support of the grant applicatio to the Water Control Board. The Pulaski County Board of Supervisors recently authorized the sending of a similar letter on behalf of the County. Councilwoman Holston made a motion that Council authorize the Mayor and/or Town Manager to send a letter to the Virginia Water Control Board in support of the grant application for a study of the Peak Creek Watershed. Motion seconded by Councilman J. R. Schrader and carried. At 4:24 p.m. Councilman Neblett made a motion to adjourn, seconded by Vice Mayor Neighbors, and carried. APPROVED: ATTEST: Clerk of Council yor 1 Public Hearing May 15, 1990 8737 Minutes of the Public Hearing of the Pulaski Town Council held jointly with the Town Planning Commission on May 15, 1990 at 7:00 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, W. H. Schrader, Jr., Alma H. Holston, Robert N. Glenn Planning Commission Members: Dr. A. W. Anneski, William T. Smith, Jr., W. H. Schrader, Jr., Roy D'Ardenne, Joe Weddle, Andy McCready, David Warburton Others Present: Don Holycross, Town Manager Frank Terwilliger, Town Attorney Ruth A. Harrell, Clerk Rebekah Corso, Secretary, Planning Commission Visitors: Dee Lindsey and Madelyn Rosenberg of the news media Mr. & Mrs. J. C. Montgomery Mr. & Mrs. J. B. Warner Mr. & Mrs. Claud Kirkland Mr. Tom Douthat Mrs. Polly Mitchell Mr. Grant Hurd Mr. White Mr. Eugene Davis The invocation was given by Vice-Mayor Neighbors. PUBLIC Mayor Hancock stated the purpose of the public hearing was to HEARsolicit public input and review the updated Comprehensive Plan for the Town of Pulaski. COMPREHENSIVE PLAN Mr. Claud Kirkland inquired as to what the purpose of the meeting was as had the Town not approved a Comprehensive Plan before. Mr. Kirkland was advised that every five years the Town goes through the process of updating the Comprehensive Plan. Council and Planning Commission addressed their concern that the General Land Use Plan and Map, which is a part of the Comprehensive Plan, was not the actual map adopted in 1987. Council questioned the language referring to subdivision plan review. Mr. Holycross advised that what the Comprehensive Plan is trying to do is provide guidelines for the Town; that in the zoning code itself there would be mandatory language that would require such review. 8738 May 15, 1990 Public Hearing PUBLIC HEARING There was concern over some inconsistencies within the CON'D, Comprehensive Plan Council members inquired if the Com rehensive P1 • p an would affect the Zoning Ordinance in any way. Mr. Holycross advised that for zoning classifications that are currently in effect the adoption of the Land Use Plan, as contained in the Comprehensive Plan, would not affect the zoning classifications. It was the feeling of Council and Planning Commission that before any action could be taken, the correct documents should be before them. Staff was instructed to review the Comprehensive Plan Draft to check inconsistencies. At 7:22 p.m. Councilwoman Holston made the motion to go into Executive Session on a Economic Development matter under 2.1-344-A5, 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. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Planning Commission member Mr. Weddle made the motion to go into Executive Session on a Economic Development matter under 2.1-344-A5, seconded by Mr. McCready and carried on the following recorded vote: Mr. William Smith - Aye Mr. Andy McCready - Aye Mr. W. H. Schrader, Jr. - Aye Mr. Roy D'Ardenne - Aye Mr. David Warburton - Aye Mr. Joe Weddle - Aye Dr. A. W. Anneski - Aye Councilman Neblett advised that there was a citizen present, Mr. White, at the meeting that would like to address Council. On motion made by Councilman Glenn, seconded by Vice Mayor Neighbors and carried, Mr. White was added to the agenda. NUISANCE Mr. White addressed Council in regard to a dump on Altoona Street. Mr. White presented a petition to Council, containing 50 signatures, asking the Town's assistance in cleaning up garbage being dumped on private property on Altoona Street. Council advised that the Town is aware of the problem and is presently reviewing what action can be taken. Mr. Terwilliger advised that the Town can obtain a restraining order but further advised that the Building Official is planning on obtaining a criminal warrant against the property owner. Discussion followed with the Council's feeling that some action greater than has been taken in the past was required. Mr. Terwilliger stated he could take injunctive action in Circuit Court that can be done simultaneously with the criminal action. Mr. Terwilliger stated the property owner will have to be notified of the proceedings, but the Town can seek a court order to stop any further activity on the site. It is the Council's feeling that some state agency should be contacted to become involved in the situation. Mr. Terwilliger was instructed to proceed with the injunction proceedings while the Building Inspector is proceeding with the criminal warrant. Discussion followed with regard to the length of time before action can be enforced. Mr. Terwilliger stated that after the injunction is r u May 15,1990 8739 issued criminal warrants could be obtained for every day the action continues. Council inquired of the penalty for violating the injunction with Mr. Terwilliger replying that under the Town Code it was a class one misdemeanor, but believed under the State Code he could find a stronger charge. Discussion followed with regard to the Property Maintenance Code allowing the Town to go onto the property and remove the nuisance. Mr. Terwilliger warned against the Town taking on the cleanup before going to court due to the nature of the nuisance and being required to comply with certain environmental regulations. Mr. Terwilliger stated if the Town goes in and removes the nuisance, if could be like writing a blank check for the cleanup of this property and advised careful examination of the problem before opening up the checkbook. At this time the Council and Planning Commission adjourned into executive session under previous action. At 8:00 p.m. Council returned to public hearing and waived reading of the Certification Resolution on motion made by Vice Mayor Neighbors, seconded by Councilman Glenn and so carried. Councilman Neblett made the motion that Certification Resolution be adopted, seconded by Councilman Neighbors and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Absent* W. H. S chrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Gary C. Hancock - Aye 1 *absent from seat when vote taken RESOLUTION ADOPTED 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. 8740 May 15, 1990 At 8:00 p.m. Planning Commission returned to public hearing and waived reading of Certification Resolution on motion made by Mr. McCready, seconded by Mr. D'Ardenne and so carried. Mr. McCready made the motion that Certification Resolution be adopted, seconded by Mr. D' Ardenne and carried on the following recorded vote: Mr. William Smith - Aye Mr. Andy McCready - Aye Mr. W. H. Schrader, Jr. - Aye Mr. Roy D'Ardenne - Aye Mr. David Warburton - Absent* Mr. Joe Weddle - Aye Dr. A. W. Anneski - Aye *Mr. Warburton left executive session at 7:31 p.m. CERTIFICATION RESOLUTION PULASKI PLANNING COMMISSION WHEREAS, the Pulaski Planning Commission 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 PLANNING COMMISSION that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the PULASKI PLANNING COMMISSION 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 PLANNING COMMISSION. Messrs. Hurd and Davis had understood that the Twin Oaks Sewer SEWER project was to be discussed as they have a drainage problem in their area. However the Twin Oaks Sewer Project was not on the agenda and when Committee is prepared to discuss this, these gentlemen will be notified. At 8:03 p.m. Councilman Neblett made a motion to adjourn, seconded by Vice Mayor Neighbors and so carried. APPROVED: ATTEST: C erk of Council ~~ ~~~W Mayor