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HomeMy WebLinkAbout02-21-52~~ ; POSTPHONED MEETING Cou.neil Minutes Pulaski, Va.,February 2~;, 1952 The regular semi-monthly meeting of the Town Co~pncil of the Town of Pulaski, Virginia. was held in the Municipal Budding at 4: 00 p .m. , February 21, ~ 195?, . This meeting was postphoned from February 19, 152 by unanimous agreement of the Council. Said agreement is f il~kl in the Town files. PRESENT There were present: Mayor H. R. Imboden, presiding Councilmen: I.R.Carper, O.O.Crowell,~`.D.Macgil~~Jr., J.R.Martin, E.T.Painter, T.F.hPirt.u Absent: G.R.Steger, 911.F.VYhite. Also present: Town Manager: E.A. Beck Clerk Pro-Tempo : Florence 1~'. Jackson Town Treasurer: Lottie R. Runion ' -Town Attorney: Garnett S. Moore Chief of Police; L. S. Boothe _ Visitors; Lewis Morefield; Joe D. Causby;C.C«iAbell. MINZTTES The minutes of the regular meeting held Februa 5, 1952 were read and approved. G~ILLIMORE se The Building Committee reported that the extens3~Dn of LIVELY BLD G. the Gallimore Ec Lively contractorts office had been completedprior to the last Council meeting, and since the permit for the original building was not a temporary permit, it appeared that the present application should be granted. BIIILDING PE1~I ITS G&Lively Flinahum TAXLDRIVER PERMITS On motion duly made by 0. Q. Crowell, seconded ter T, F... dirt, it was unanimously RESOLVED, that the following applications for building permits be approved: To Gallimore & Lively (by P.F.I,.vely) for frame addition, 16x8", to present office building on east~~ide of Washington Avenue, between 4th & 5th Streets, estimated $2 .00; To Fouick Pierce Flinchum, Jr., for demolition of present ch h building on south side of Dora Highway opposite Aust GrocerT ore, to be r~plaoed with Pour-room frame dwelling, one-story on sa~b site, estimated ~4~000.00. There appeared before the Council Mr. Lewis Mrx~ e'ield in regard to application for taxi drivers permit. which had ben denied by the Chief of Police and the Mayor. There also appealed a{ Mr. Joe D. Causby for a review of his application for taxi dr3~ierTs permit, previously presented. to the Council and denied. It was recommended by the Chief of Police that to permit of James Ralph Owens, which had been issued on probatic~, bd revoked beeat~;se of violation of the law, and also, that Early Gilbert Owents perpait be revoked because his State chauffeurts permit ~ad been revoked. ~~~~ ~~~ER REVORID T~~ER f s PE'f~i~IT REVO~D Council Min. Contd. Pulaski, Va., Feb. 21, 195 On motion ding made bg O.O.Crowell, Seconded by I.R.Carper, it was unanimously RESOLVED, that the taxi drivers permit of James Ralph Owens be revoked.. On motion duly made bg I.R.Carper,'seconded bg E• T. Painter, it was unanimously • RESOLVID, that the taxi driver's permit of Earlg Gilbert Owen be revoked. On motion duly made by T. Fi' 1Pirt, seconded by C3. Q. Crowell, it was unanimously ffiOREFIEIIi & _ RESOLVED, that the applications for taxi CATTSBY 1~~9'BR' 3 APPLICATlON3 driver's permits of Lewis Morefield and Joe D. Causby DENIBD be denied. 1~ATER SERVICE VALLEY ROAD A petition for extension of water service from 12 residents on Valley Road was presented. - On motion duly made by I. R. Carper, seconded by J. R. Martin, it was unanimously RESOLVED, that the request for a water service SALVA(~ BID Ttl~f DUMP extension on Valley Road be deferred, and that an estimate be prepared to be considered with other improvement projects for the near future. Mr. C. C. Abell appeared before the Council in regard to the proposed specifications for bids on the . salvage rights at the Town dump. A sample bid form and specifications were presented by the Town Manager.. On motion duly made by E.T.Painter, seconded . by 0. 4. Crowell, it was unanimously RESOLVED,that the Town shall take bids for salvage rights at the Town dump as outlined in the proposed specifications prepared by the Ts~wn Manager, and contract be awarded the high bidder for a period of thing days, which, if. satisfactory, may be continued. GENERAL ASSEMBLY - The Town Manager and the Town Attorney discussed several matters of interest to the municipalitg before the General Assembly. It was reported that a bill for new metho d of redistribution of ABC funds had been presented, also a bill .to increase the minimum population required before tows'can become cities. 1 The matter of certain revisions of the Council Min. Conttd. Pulaski~Va., Feb. 21, 1952 i~ BUSINESS Business Lieens® Code were discussed, and the Town Attorney ws LICENSE CODE requested to make the necessary corrections to be presented at the March meeting: CAR It was reported that the Saate probably would goy on LICENSES a flat car license, and that it might be desirable for the Tovu~ to consider the same procedure for its motor vehicle license rate~~ if this becom®s effective. MARTIN AVENUE SEiI~ER ExTENSra~ AUTH. (Landis) The request from Mr. E. K. Landis to consider t~ sewer ~ extension on Martin Avenue, previously presented to the Council, was discussed. On motion duly made by T.F. ~IGirt, seconded by I.. Carper, it was unani~iously RESOLVED, that the sewer on Pine Street be extenlded 1 to Martin Avenue and along Martin Avenue to Bertha Street to s~rvs eight residents adjoining the sewer, contingent upon a payment{ of X25.00 each from the benefiting property owners or an equiv~lant ~, amount of X20©.06 from Mr. E. K. Landis, as the property owner contribution toward this project, and that the sum not to exce~d X1,095.00 be appropriated from the General Funds of the Town f!or the cost 'oP the s®wer extension, necessary regrading of the street` in order to remove a hump in Martin Avenue. SOCIAL The matter of the Towns participation in the Sa~ial SECURITY Security Act was discussed, and a proposed memorandum to the ~bwn 1 employees, advising them that the Town would enter an agreemer covering social security, was read, and various details discus~~ed. On motion duly made by J. R. Martin, seconded by 0. 0. Crowell, the following resolution was adopted: AGREEMENT BE I~ RESOLVED that the Town of Pulaski, Virgin , RESOLUTIOl~shall make and enter into an agreement with the Board of Trus ea APID of the Viaginie. Retirement System, said agreement to be dated s of APPROP. March 1, 1952, andto provide for the inclusion of ,all of the ployee of the Town of Pulaski under the Federal Old Age and Survivor` Insurane® System as provided by Chapter 2, Acts of ttie Genera Assembly of 1952, said benefits to be retroactive and of fecti~ as of January 1, 1951; and from: BE IT FtTRTHER RESOLVED that there be appropriat9ki The General Funds of the Town, Two Thous and Three: Hundred Forty Dollars 02,340.00); The General Funds for the Cem®tery Fund, Sixty ` Dollars ' 060.00) ; Th® General Funds for Equipment and Stores Fund, One Hundred Eighty Dollars 0180.00); The Water Fund, Four Hundred Twenty Dollars 0+420.00); I making a total of Three Thousand Dollars 03,00 to cover the Towns estimated portion of matching funds requi Social Security Tax fra~n January 1, 1951, through June 3~, 13 00), d as ~~ 1 ~~~C) Council Min.Cont t d. Pulaski, Va.,Feb.21,1952 BE IT FURTHER RESOLVED, that the Town shall advance on or by March 1, 195, the total amount of the required employeest back payments, said amount advanced to be withheld from the pay checks of said employees, from monthly employees in four equal payments, semi-monthly employees in eight equal payments; and weekly employees in fifteen equal paymenets; and, BE IT FURTHER RESOLVED, that the Mayor of the Town of Pulaski be di rected and authorized to execute the above agreement, and that the Clerk of said Town attest to it and affix the seal thereto. S'ee Agreement Pp: 1936-l~, 1g36-B, and 1936-C: On motion slily made by T. F. Wirt, seconded by 0. O.Crowell, it was unanimously RESOLVED, that the Towns portion of the Social Security tax be charged as a single item under each of the various funds, and not to be distributed against the various functions within the funds, except that on projects a notation be made to show the equivalent amount of social security for the particular project. LEO R. In regard to the ease of Leo R. Umberger, police UMBER CSR officer charged with false arrest, the Town Attorney suggested that another attorney be employed to assist him during the trial of this case in defending Mr.Umberger. On motion duly made by 0. 0. Crowell, seconded by J. R.Martin,'it was unanimously RESOLVED, that the Town Attorney be authorized to employ Alton Crowell to assist in the defense of Leo Umberger, and that a sum not to exceed ~100.CT0 be appro- priated from the General Fundy for this cost. POLICE DEPART~EN'P ~ A petition from the Police Department, requesting REQUEST FOR IIJCREASE an increase in salary was presented. The matter of salaries of Town employees in general was discussed. On motion duly made by J.R: Martin, seconded by I. R. Carper, it was unanimously RESOLVED, that the Finance Committee be requested to study the current salary schedule of Town employees and make recommendations as to inequalities or suggested changes . 'The meeting adjourned.at 6:25 p.m. ADJOURNMENT Approved: pp~~ oo -- ~ti.~F Attest: Mayor Z'Te r o oun 1 1936 - -Council Minutes Cont+d. Pulaski, Va.,Feb. 21, 195' To the Board of Trustees of the Virginia Retirement's System hereinafter referred to as the State agendy. The Town of Pulaski, Virginia hereinafter referred ~o as apolitical subdivision, in accordance with Chapter 2 of the Acts Assembly 195E and in accordance with the authority vested in the pd~l.itical subdivision by the Acts of General Assembly, 1948, Ch. 337, provid g a new charter for the Torn of Pulaski (a certified copy of which is reby annexed), hereby submits the following plan for the purpose of hav hg the Old Rge and Survivors Insurance System established by Title TI of e Social Security Act (as amend®d in 1990) extend to services perfo d by individuals as aYnployees of the political subdivision, except sere es expressly earcluded from this plan of agreement, such extension bei i pursuant to and in conformity with Section 218 of the Social Secure, y Aet. ' Subject to the approval of this plan, the State age T is hereby authorized to include this political subdivision in any orinal agreement, or asy modification thereof, entered into betwe®n the C4irunon- wealth of Virginia dnd the Federal Security Administration pursuan~lto Section 218 of the Social Security Act and Chapter 2 of the Acts of(j Assembly 1952. ~f 1. Definitions ~' e~ For the purpose of this plan. V~ (a) The term "wages* means all remuneration for em ~.oyment as defined here~.n, including the sash value of all remuneration pail in any medium other than cash except that such term shall sot includethat part of such remuneration which, even if it were paid for employment within the meaning of the Federal Insurance Contributions Act. woul(ki not constitute wages within the meaning of that Aet. ~ ~,f (b) The term *'emplvyment* means (and this plan is ~; applicable to) ~sy service performed by an employee of the politica~~ subdivision except: (1) serv9c a which in the absence of an esteem t entered into b the State and the Federal Govement, , would constitute employment as defined in the ~~cial Security Act: ~,. >i (2) ~+®rvice performed in a hospital, home or other institution by a patient or inmate thereof. (3) service (other than Agricultural labor or service performed- by a student) which is eaclu d from employment by any provision of section 21 Ca) of the Social Security Act other than paragrap _ (8) of such aeetion. (4) service pe rf orm~ed by employees in pvs itior covered by ~a retirement system (as defined in ~' section 218 (b) (4) of the Social Security Act ~ on the date the Federal-State agreement is made applicable to this political subdivision. (5) service by sa individual who is employed relieve him from unemployment. (c) The terffi 'beverage group'+ means a coverage groupi as defined in section 218 (b) (.S) .+sf the Social Security Act. ;; (d) The term *employee" includes ate vffieer of the ' political subdivision. (e) The term *Social Security Act* means the Aat o Comgreee approvedAug~tst 14, 1935, Ch. 531, 49 S'tat. 6€fl (including;; regulations and requirements issued pursuant thereto) as such Act Yes been and may b® fr©m tirse to time amended. ' ' (f) The term *applicable federal law'r refers to su provisions of federal law, including federal regulations and requi masts issued pursuant thereto as provide for extending the benefits of T le II of the Social Security Act tm employees of states anal their politi 1 1836 - B Council M~.nutes Conti d. Pulaski, Va., Feb. 2 1, 195E (g) The_term"Federal Insurance Contributions Act" Weans Sub-chapter A of Chapter 9 of the Internal Revenue Code as such code has been and may from time to time be amended. II. Benefits; Approval of this plan by the State agency and the inalusi®n of the political subdivision in the Federal-State Agreement shall have the effect of making all employees covered by this plan eligible for Old Age and Survivors Insurance benefits on the-same basis as though the services they rendered constituted employment within the meaning of Title II of the Soc3. al Security Act. III. Contributions by the Political Subdivision: (a) The political subdivisi©n hereby agrees to pay.to the Treasurer of Virginia for deposit in the Contribution Fund created by Section 7 of Chapter E of the Acts of Assembly 1952, such sums as may from time to time be prescribedby law. Such payments, with the exception of the funds withheld from the w~rges of employees as here- after provided, shall be made from the genbral funds of the political subdivision. All payments shall be made quarterly or such date as the State agency may designate or at such other time or times as the State agency may hereafter prescribe. It is further agreed that if the political subdivision is delinquent in making arm payments, they may be recovered, with interest at the rate of six r centum per annum in accordance with the provision of Section (5) (d~ of Chapter 2 of the Acts of Assembly 1952. (b) In consideration of sn.employee+s retention in or entry upon employment after approval of this plan the political subdivision hereby agrees, pursuant to the authority contained in Section 5 (e) ~(2) of Chapter 2 of the Acts of Assembly 195E to withholdfrom the wades of its employees, as to services which are covered by the Plan of Agree- ment, a sum equal to the maximum amount it is permissible, under law, to withhold from such wages. The political subdivision further agrees that such sums so withheeld shall at such times as have heretofore bees prescribed in this Plan of Agreement, be paid to the Treasurer of the State ®P Virginia for deposit in the Contribution Fund in partial discharge of the liability incurred by the political sub~livisi on under the Plan of Agreement, provided, however that .failure to.with- hold su eh sums shall not relic ve the eaa~ployee or the political. subdivision of liability therefor. (c) The political subdivision hereby agrees that the Plea of Agreement is condi tinned upon the following. reasonable assurances that its funds are now and will in the future be adequate to meet all payments now or hereafter prescribed by law; The funds will be available from taxes to pay for that portion of the employees salaries or wages chargeable to the Town's General Funds. The funds will be available from water rents and service charges to pay for that portion of the employees salaries or wages chargeable to the 1~ater Fund. (IV) Cobrpliance with Regulations: The political subdivision will comply with such regulations as the State agency may presdribe to facilitate efficient administrati on of this plan,and enable the State to Barry out the agreement with the Federal Garnernment. The political subdivision shall furnish such reports, in such form and containing such information as the State agency may from time to time require and comply with such provisions as the State agency may from time to time find necessary tar assure the correctness and verification of such reports. (V) Yodif ications: This plan w311 be modified at the request of the political subdivision to include any coverage group or additional services not included in the plan, such modification to be consistent with the provisions of Section 218 of the Social Security Act. (VI) Termination: 1 1 1 The State agency may in its discretion terminate this Plan ~~.~. 1936 Council Minutes Conti d. Pulaski, Va. , February 21, .95Q of Agreement in its entirety or as to any coverage group if it find, after due notice and hearing, that there has been a failure to com substantially with any provision contained in this plan, such termi~~tiaa to take effect at the expiration of such notice and on such conditi~t>ns as may be provided by regulations of the State agency amd as may bet consistent with the provisions of the- Social Security Act. If unde~ this paragraph the plan is terminatedwith respect to any coverage ~t°ot:,p, such termination shall be effective with respect to any additional " services in such coverage group included in the plan pursuant to ark modification under paragraph V. (b) The political subdivision does recognize that if the Fedeli~al 3'ecurity Adtsnistrator, in the manner outlined in the Federal-State Agreement, terminates that agreement in its entirety or with respec t© the political subdivision or any coverage group herein, such te~i- r~ation shall have the same effect on the relationship between the ate and the political subdivision. (e) If this Plan of Agreement is terminated pursuant to any o~ the afore going provisions, the political subdivision may not again enter into such Plas of Agreement with the State agency. VII. AdmS:nistration; The political subdivision hereby agrees that the Town Manager a of the political subdivision shall be responsible for the local administration of the prr~gram initiated by this Plan oP Agreement and further agrees to follow such methods of administration as may be prescribed from time to time by the State agency for the proper an3` efficient administration of such program. VIII. Effective Date: This Plan of Agreement shall be effective as of January 1, 195.. This Plan of Agreement is entered into this 1st day of March, 1952, between the Town c~' Pulaski, Virginia acting thFOUgh the Maya and the Town Clerk (such officers of the political subdivision bei duly authorized to sign on behalf of tha political subdivision puruant to Resolution of Council February 21, 1952 and the State agency pu~ant to Section 2 (g) of Chapter 2 of the Acts of Assembly 195 acting out. the Director thereof under authority of State agency regalati on one8? dated February' 11, 1958. TOtli~T OF PIILASKI, VIRGINIA, Attest: BY ;/s/ Soward R. Imbodea,~ayor /s/ Lanise D. Logan Clerk of Council For Political 3ubdiv~.sion This agreement eaecutpd by~f the State Agency March 31, 1 ~; /s/ C. ffi. Smith, DirectorK For State Agency ,; 1