HomeMy WebLinkAbout03-30-878190 March 30, 1987
Minutes of the Special Meeting of the Pulaski Town Council held Monday, March 30,
1987, at 7:00 p.m. in the Council Chambers in the Municipal Building.
There were present: Mayor Gary C. Hancock, presiding
Councilmembers: John A. Johnston, Robert N. Glenn, Andrew. L. Graham,
James M. Neblett, James R. Neighbors, Ira S. Crawford,
W. H. Schrader, Mary Lou Copenhaver
Also present: Frank Terwilliger, Town Attorney
D. E. McKeever, Town Manager
Ruth A. Harrell, Clerk
Visitors: Nancy Thornton - WBLB
H. W. Huff, Jr.
Hugh Huff, III
Mr. and Mrs. Bob Hudson
Claud Kirkland
1 area citizen
The invocation was given by Councilman Johnston. '.
WAIVER OF NOTICE OF SPECIAL MEETING
,,
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 7:00 p.m, on the 30th day of March, 19$7, for the
purpose of considering the proposed annexation settlement agreement
between the Town of Pulaski and the County OF Pulaski, and any other
business to legally come before the Council.
WITNESS our signatures this 30th day of March, 19$7.
FURTHER Mayor Hancock stated the main purpose of the special meeting was further
CONSIDER consideration of the annexation settlement agreement between the Town of Pulask-i end
ANNEX.
AGREE. Pulaski County.
Councilman Crawford moved that Council go into Executive Session on three lega
matters under 2.1-344 (A6), seconded by Councilman Glenn and carried.
At 7:01 p.m. Council went into Executive Session.
At 7:24 p.m. Council returned to Special Session on motion made by Councilman
Neblett, seconded by Councilman Neighbors and carried.
At this time, Mayor Hancock disqualified himself and Vice Mayor Neighbors presided
over the meeting.
An Ordinance to adopt the Settlement Agreement between the Town of Pulaski and
the County of Pulaski was next considered.
Councilman Glenn made a motion that reading of the ordinance be waived, seconded
March 30, 1987 8191
by Councilman Neblett and carried on the following recorded vote:
John A. Johnston - Aye James R. Neighbors - Aye
Robert N. Glenn - Aye W. H. Schrader -.Aye
Andrew L. Graham - Aye Ira S. Crawford - Aye
James M. Neblett - Aye Mary Lou Copenhaver -Aye
Councilman Glenn made a motion that ordinance be adopted, seconded by Councilman
Graham.
Councilman Crawford stated it still concerned him that we had a couple of
inequities in the agreement. Councilman Glenn stated that with any annexation, there
will be times when there are inequities. He felt the Commission on Local Government
had toured the area, and this had been gone over for many months by Council, the Board
of Supervisors, citizens and attorneys. In this review they have found the errors
that they thought were there and these have been corrected over the 2~ year process.
The documents before us now are the culmination of that 22 years. We all might have
a personal opinion about what these documents say, but felt it was in the best interest
of the community to go ahead and act upon this.
Mr. H. W. Huff, Jr. stated that in last annexation, a buffer zone wah asked for
to protect the people they were taking in. The 1st phase of the engineering of this
annexation, the Town requested a buffer zone to take care of the Town, down Rt. 11.
After the Huff's bought the farm, they added it to the annexation but did not add a
buffer zone to protect the Town or the Huffs. He talked to three Councilmembers and
they were not aware of this. To him, this was a very critical thing as far as their
property. There is no way they can develop something without having controls. He
stated the annexation 20 years ago thought of it, the annexation committee two years
ago thought about it, but after they were added, they were forgotten.
Vice Mayor Neighbors asked if the three judge panel could consider any buffer
zone in that area at this time with Mr. Terwilliger advising it was his understanding
from our Richmond Counsel is that the three judge panel can make a change in it if
all parties agree. Otherwise, the three judge panel's sole duty is either to affirm
it in whole or deny it in whole.
Mr. Huff stated only three people knew of this; the Mayor of the Town, the Town
Manager and the Town Planner, Anne Burgess. If Mr. Huff had known about this, and
had asked the committee, that would probably have been a condition of annexation.
Mr. Terwilliger clarified questions regarding the land use map that Mr. Kirkland
had The map, Exhibit 2, shows only the existing land uses in the annexed area.
It does not show proposed land uses. ,
Mr. Kirkland further questioned if exclusion is made and the Town does not get all
of the 3.3 miles, what will the County give the Town in return. Vice Mayor Neighbors
advised that Council had not considered what they might get back from the County.
Vice Mayor Neighbors stated he felt there were some. inequities in the. agreement
but he did not know at this time if they had a choice on what to do with it, and he
would like to think this was a good agreement for everybody; obviously it is not.
He would like to think that the Town and its residents could work together to reach
some type of mutual agreement. He felt there were some things that could have been
corrected and wished there was time to do them.
Motion that ordinance be adopted then carried on the following recorded vote:
ORDINANCE John A. Johnston - Aye James R. Neighbors - Aye
?1DOPTED Robert N. Glenn - Aye W. H. Schrader - Abstain
SETTLEMENT Andrew L. Graham - Aye Ira S. Crawford - Aye
AGREEMENT James M. Neblett - Aye Mary Lou Copenhaver -Aye
BETWEEN
TOWN & COUNTY
8192 March 30, 1987
AN ORDIN_91VCE TO ADOPT THE SETTLEMENT AGREEMENT
BETWEEN THE TOWN. OF PULASKI AND THE COUNTY OF PULASKI WHICH WAS SUBMITTED
FOR REVIEW TO THE COMMISSION ON LOCAL GOVERNMENT AND TO AUTHORIZE THE
FILING OF A PETITION IN THE CIRCUIT COURT OF PULASKI COUNTY FOR AN ORDER
PURSUANT TO SECTION 15.1-1167.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED,
ESTABLISHING THE RIGHTS OF THE LOCAL GOVERNMENTS AS SET FORTH UNDER THE
TERMS OF SAID AGREEMENT.
WHEREAS, the Town of Pulaski ("Town") and the County of Pulaski ("County"),.
by resolutions of June 20, 1986, approved a settlement agreement (the
"Agreement"), which constitutes a voluntary settlement of annexation issues
as authorized by Section 15.1-1167.1 of the Code of Virginia;
WHEREAS, the Agreement provides for the annexation by the Town of
certain County territory, the waiver by the Town of certain annexation and
city status rights, and for other terms and conditions;
WHEREAS, the Town and the County have presented the Agreement to the
Commission on Local Government, which has conducted a hearing as required
by law and which has issued its findings and recommendations in a report
dated March, 19$7; and
WHEREAS, Section 15.1-1167.1 of the Code of Virginia requires the Town
and the County, subsequent to the Commission review, to adopt such Agreement
by an ordinance passed by a recorded vote of a majority of the members of
each governing body after a duly advertised public hearing on such Agreement,
and thereafter to petition the Circuit Court of Pulaski County for an order
establishing the rights of the local governments under the terms of said Agree-
men t ;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI,
VIRGINIA, THAT:
1. The Council of the Town of Pulaski, by this ordinance, approves and
adopts the Agreement, a copy of which is attached hereto as Exhibit A.
2. The Council of the Town of Pulaski hereby authorizes the Town
Manager and special counsel for the Town to petition the Circuit Court of
Pulaski County for an order, pursuant to Section 15.1-1167.1 of the Code
of Virginia, affirming and validating said Agreement and establishing the
rights of the local governments as set forth .under the terms of said
Agreement.
3. The Town Manager shall take all such actions and employ such special
assistants as are needed to obtain the necessary Court approval of the
Agreement.
4. This Ordinance shall be in full force and effect on the 30th day
of March, 1987.
Approved this 30th day of March, 1987.
Vice Mayor Neighbors advised that next on the agenda was consideration of adoption
of Annexation Ordinance Chapter 25, of Title 15.1 of the Code of Virginia..
Councilman Glenn made a motion that reading of the ordinance be waived, seconded
by Councilman Neblett and carried on the following recorded vote:
John A. Johnston - Aye James R. Neighbors - Aye
ANNEXATION Robert N. Glenn - Aye W. H. Schrader - Abstain
ORDINANCE Andrew L. Graham - Aye Ira S. Crawford - Aye
ADOPTED James M. Neblett - Aye Mary Lou Copenhaver -Aye
Councilman Glenn made a motion that Ordinance be adopted, seconded by Councilma
Neblett and carried on the following recorded vote:
John A. Johnston - Aye
Robert N. Glenn - Aye
Andrew L. Graham - Aye
ames M. Neblett James R. Neighbors - Aye
W. H. Schrader - Abstain
Ira. S. Crawford - Aye
- Aye Mary Lou Copenhaver -Aye
March 30, 1987 8193
AN ORDINANCE TO PROVIDE FOR THE EXTENSION OF THE CORPORATE LIMITS OF THE TOWN
OF PULASKI, VIRGINIA, PURSUANT TO THE PROVISIONS OF CHAPTER 25 OF TITLE 15.1 OF THE
CODE OF VIRGINIA (1950), AS AMENDED, BY ANNEXATION OF CERTAIN TERRITORY IN PIIL.ASKI
COUNTY: TO DECLARE THE POLICY WITH RESPECT THERETO: TO SET FORTH THE NECESSITY AND
EXPEDIENCY THEREOF, TO DEFINE THE METES AND BOUNDS AND AREA OF THE TERRITORY TO BE
ANNEXED: TO SHOW ON'~A NLAP ANNEXED TO THIS ORDINANCE INFORMATION INDICATING GENER4LLY
THE EXISTING SUBDIVISIONS, INDUSTRIAL AREA, COMMERCIAL AREAS, PUBLIC AND SEMI-PUBLIC
AREAS, AND AGRICULTURAL OR VACANT AREAS:TO SET FORTH THE EFFECT THEREOF ON THE COUNTY
AND ITS ABILITY ADEQUATELY TO SUPPORT THE COUNTY GOVERNMENT AND PUBLIC SCHOOLS: TO
PRESCRIBE THE GENERAL TERMS AND CONDITIONS UPON WHICH ANNEXATION WILL OCCUR AND THE
PROVISIONS PLANNED FOR FUTURE MANAGEMENT AND IMPROVEMENT OF THE ANNEXED TERRITORY;
AND TO AUTHORIZE THE INSTITUTION AND CONDUCT OF THE NECESSARY LEGAL PROCEEDINGS TO
EFFECTUATE THE ANNEXATION.
BE IT -0RDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA:
DECLARATION OF POLICY TO ANNEX
Section 1. The Council of the Town of Pulaski, a municipal corporation of the
Commonwealth of Virginia, hereby declares that the town desires to annex certain
territory in Pulaski County adjacent to the corporate limits of the Town, pursuant
to the provisions of Article 1, Chapter 25, of Title 15.1 of the Code of Virginia, as
amended. The purposes of the proposed annexation are to preserve and promote the
general welfare of ;the regional area. of which the Town of Pulaski and Pulaski County
are a part, and the safety, health,' peace, prosperity, good order, comfort, and
convenience of the inhabitants thereof.
NECESSITY AND EXPEDIENCY OF ANNEXATION
Section 2. The Council hereby decrees that it is both necessary and expedient
to annex the territory hereinafter described for the following reasons:
I.
Review by the Commission on Local Government
On June 20, 1986, the Town and the County entered into a settlement agreement
(the "Agreement"), which provided for the annexation of approximately 3.3 square
miles of County territory, for the waiver by the Town of certain annexation and
city status rights, and for .other terms and conditions.
On July 25, 1986, the Town and the County requested the Commission on Local
Government ("Commission") to review the Agreement as required by law. The Commission
held hearings, made investigations, and issued its report of findings dated March 1987.
The Commission concluded that the Agreement would preserve and promote the viability
of both jurisdictiosn and would therefore be consistent with the best interests of the
Commonwealth of Virginia. It further recommended that the Agreement, including its
provisions for the annexation of County territory, be approved in ah~form presented tc
the commission.
II.
Need for Vacant Land and Tax Base Expansion
While the Town of Pulaski is presently a fiscally sound locality able to undertake
the financial requirements of the proposed annexation, data reveal that the fiscal
resources of the Town have been growing more slowly than those of the County in recent
years and that it has a need to improve its tax resources. For example, the assessed
value of ,all property subject to local taxation within the Town has increased at a
rate below that of the County in recent years. Within the past five years, at least
five businesses have moved from within the town to the area proposed for annexation
and ~i~~ other commercial firms have terminated operations within the Town. Further,
at least five industrial firms have ceased their operation in the Town in recent years
due to economic conditions. Moreover, relative to County residents, the residents of
the Town bear a higher local tax burden.
The tax base in the Town of Pulaski is hindered by the limited amount of vacant
land within its corporate limits which is suitable for residential, commercial and
industrial development. The Town has only 168 acres (5.7~ of its total area) of
vacant land generally suited for industrial or commercial purposes, with the remaining
vacant 156 acres appropriate only for residential development due to adjacent land
uses and zoning restrictions. During the past decade, the Town experienced virtually
no industrial commercial, or residential growth. Much of the recent commercial and
industrial development in the Town's environs has occurred in the areas adjacent to the
municipality, with some of the growth in those areas resulting from businesses leaving
the Town.. Because of the limited amount of vacant land and the competitive advantages
of more spacious sites in the area. sought to be annexed, new residential, commercial,
and industrial development in the general area will increasingly be located beyond the
Town's present corporate limits.
8194 March 30, 1987
For these and other reasons, the Town has a need to expand its tax resources
and to obtain suitable vacant land for further development.
III.
Community of Interest
A strong community of interest exists between the Town of Pulaski and the
residents of the area sought to be annexed, which is evidenced by a number of factors.
First, the Town is the source of various services provided to the area proposed for
annexation, including utility services, fire protection services, and recreational
facilities. Second, the Town is the focal point of economic activity within
Pulaski County. Employment statistics indicate that, as of 1980, more County
residents were employed within the Town than were employed in the remaining portion
of the County. As of 1982, the Town contained 54.9 of the County's retail
business, 60.2 of its service establishments, and 75~ of its wholesale firms.
Third, the presence of over 70 public and semi-public facilities in the Town and
area proposed for annexation increases the relationships between the Town and the
area on its periphery. Finally, geographical considerations also foster the community
of interest between the Town and adjacent areas and diminish relationships with
outlying communities.
IV.
Urban Services and Facilities
The residents of the territory proposed for annexation have a present need for
a range of services that are either not presently available to them in any form or
are not suitable to meet the needs of urbanizing territory. The proposed annexa-
tion will extend Town urban services to the adjacent County territory and will
subject that area to urban management that will grow in significance with increased
development. The annexation will be particularly advantageous to the current resi-
dents of the area sought to be annexed in terms of public water supply and
distribution, sewage collection and treatment, solid waste collection and disposal,
crime prevention and detection, the local administration of public thoroughfares,
snow removal, street lighting, and public planning and certain development controls.
The Town has the capability to provide the full range of services needed
presently in the area sought to be annexed and which will be required in the future
As further urbanization occurs within the adjacent County area., the proposed
annexation will enable a central authority to develop a comprehensive plan for all
such urban development and will permit economical extension of existing services
and facilities.
EFFECT OF ANNEXATION ON THE
REM.SINING PORTIONS OF THE COUNTY
Section 3. The proposed annexation area contains only 1.4~ of the County's
populations, approximately 1.0~ of its total land area, and 2.8~ of its total
assessed property values subject to local taxation. While the proposed annexation
would reduce initially some of the County's minor revenue sources, all properties
annexed by the Town would remain subject to taxation by the County. Further, the
Town will assume the responsibility for the provision of certain services in the
areas annexed that are currently being provided by County staff and resources.
The increased viability of the Town will be a positive factor in the promotion
of the area's economy, with financial benefits accruing to the citizens of the
County generally. The annexation will neither adversely effect the county's.
capacity to serve its residents in its unincorporated areas nor adversely affect
the County's long-term economic strength and viability.
AREA PROPOSED TO BE ANNEXED
AND SIZE THEREOF
Section 4. The metes and bounds of the area proposed to be annexed in accord-
ance with the Agreement are described in the attached Exhibit A. The proposed
annexation area contains a total of 3.3 square miles. Also attached as Exhibit B
is a map of the area, prepared by the Town of Pulaski Department of Engineering,
which indicates generally the existing land uses, fpr the proposed annexation area.,
such as subdivisions, industrial areas, commercial areas, public and semi-public
areas, and agricultural or vacant areas.
GENERAL TERMS AND CONDITIONS UPON WHICH
ANNEXATION IS SOUGHT AND PROVISIONS PLANNED
FOR FUTURE NLANAGEMENT OF THE TERRITORY
Section 5. The Town hereby sets forth the terms and conditions upon which it
desires to annex the territory in the county and the provisions for the future
management and improvement thereof:
March 30, 1987 8195
k
A. Following the effective date of annexation, the territory sought to be
annexed will be assimilated within the Town's governmental and administrative
organization. The Town will extend all of its municipal services to the area.
annexed on the same basis as such services are hereafter provided to the area
presently within the Town's corporate limits, and in accordance with the Town's
charter and all ordinances and regulations adopted and in force at that time.
B. The Town will construct those public water and sewer facilities described
in the Agreement, which are necessary to meet the needs of the area proposed for'
annexation.
'sC. The Town will incorporate into its plans for capital improvements such
pro~~cts for extending other municipal services into the territory sought to be
ann~~ed as are necessary to meet the needs of the area.
~D. Following the effective date of annexation, the Town will assess and tax
real estate within its boundaries pursuant to Article 4 of Chapter 3L of Title 5$.1
of the Code of Virginia, as amended, as provided in the Agreement.
E. The Town will give preferred and intensive attention to the preparation
and adoption of a comprehensive plan for the development of the territory sought to
be annexed, particularly the vacant, rural, and undeveloped lands, and to the
preparation and adoption of a zoning ordinance regulating the uses of the land.
PROCEEDINGS FOR ANNEXATION
Section 6. The Town Manager, Town Attorney, and Special Counsel are authorized
and directed to institute and prosecute, as soon as practicable, in the name of the
Town. of Pulaski, any and all court proceedings necessary to consolidate by
annexation the territory described by metes and bounds in Exhibit A with the Town of
Pulaski by proper degree or judgment of a court of competent jurisdiction upon
the terms and conditions set out in this ordinance. The Town Manager and Town
Attorney are hereby authorized to obtain such special legal, technical, expert,
and other assistance, as in their discretion is necessary to perform the duties
directed herein.
EFFECTIVE DATE OF ORDINANCE
Section 7. This ordinance shall be in force and effect on March 30, 1987.
Approved this 30th day of March, 1987.
EYhi6it ~-
Metes and Bounds Description of Annexation Area
BEGINNING at a concrete monument, a corner to the
Town of Pulaski, thence with same north 58 degrees
15 minutes 03 seconds west, 550.96 feet to an iron
pipe, thence north 58 degrees 21 minutes 14
seconds west, 553.86 feet to a rod at an angle
point in the line between Evelyn H. English and
Robert J. and Linda P. Cody, thence with same
north 11 degrees 56 winutes 09 seconds west,
246.52 feet to a fence post corner to New River
Gulf Investments, thence leaving Cody a new line
through New River Gulf Investments north 8 degrees
28 minutes 37 seconds west, 1145.02 feet to an
iron rod, a corner to Foxcroft Subdivision, thence
with Foxcroft Subdivision and New River Gulf
Investsenta north 18 degrees 58 minutes 33 seconds
west, 405.16 feet to an iron rod in the southmost
right-of-way line of Canterbury Road, thence
leaving the southeast right-of-way line of
Canterbury Road with Foxcroft Subdivision north 18
degrees 44 minutes 02 seconds west, SO.Ol feet to
an iron pipe in the northeast right-of-way line of
Canterbury Road, said pipe being a corner to
Foxcroft Subdivision, and New River Gulf
Znvesterents, thence leaving the northeast right-
of-way of Canterbury Road with New River Gulf
Investments north 19 degrees O1 minutes 49 seconds
west 227.16 feet to an iron pipe, north 19 degrees
22 minutes 37 seconds west 22.95 feet to an iron
pipe, north 48 degrees 51 minutes 38 seconds west
77.32 feet to an iron pipe, thence north 48
degrees 34 minutes 38 seconds west 32.32 feet to a
thirty-sfx inch double white oak tree, said tree
being a corner to Jasies L. Jr. and Sue B.
Batterson, thence with New River Gulf Investments
8196 March 30, 1987
and Patterson, south 80 degrees 52 minutes 44
seconds east 401.41 feet to an iron rod, thence
north 2! degrees 12 minutes 0-6 seconds east 105.28
feet to westmost right-of-way line of Canterbury
Road, thence with same north 29 degreek 06 minutes
07 seconds east 1039.60 feet to a point in the
northeastmost right-of-way line of state route
645, thence with state route 645 the following
courses south 72 degrees 34 minutes 32 seconds
east 1127.12 feet south 70 degrees 37. minutes 38
seconds east, 64.04 feet, south 66 degrees 36
minutes 14 seconds east, 48.86 feet, south 65
Aearees 04 minutes 52 seconds east, 509.17 feet,
south 59 degrees 17 minutes O1 seconds east, 88.13
feet, south 47 degrees 14 minutes 11 seco~ids east,
82.50 feet, south 43 degrees 21 minutes 28 seconds
east 108.87 feet, south 60 degrees-25,minutes 12
seconds-east, 70.73 feet, south 67 degrees 32
minutes 23 seconds east 902.79 feet, south 64
degrees 29 minutes 39 seconds east 45.70•feet,
south 56 degrees O1 minutes 57 seconds east 78.87
feet, south 45 degrees 18 minutes 08 seconds east
91.25 feet, south SO~ degrees 41 minutes 33 seconds..
east 88.45 feet, south 60 degrees 03 minutes 28
seconds east 63.12 feet, south 87 degrees 58
minutes 34 seconds ea:t 77.93 feet, north 84
degrees Si minutes 26 seconds east 257.84 feet,
south 86 degrees 44 minutes 55 seconds east 55.33
feet, south 51 degrees 23 minutes 52 seconds east
66.78 feet, south 32 degrees 36 minutes 24 seconds
east 64.50 feet, south l9 degrees 47 minutes 44
seconds east 57.12 feet, south 1 degree 04 minutes
07 seconds west 88.71 feet, south 5 degrees 19
minutes 22 seconds west 8b.63 feet, south 0
degrees 35 minutes 25 seconds east 68.04 feet,
south 3 degrees 10 minutes 03 seconds east 278.12
feet, south 4 degrees 53 minutes 40 seconds east
150.43 feet, south 2 degrees 44 minutes 19 seconds
east 118.17-feet, south 8 degrees 10 minutes 36
seconds east 60.94 feet,, south 19 degrees 09
minutes 07 seconds east 68'.55 feet, south 22
degrees 59 minutes OS secsmds east 321.90 feet,
south 23 degrees 09 minutes 58 seconds east 363.64
feet, south 23 degrees 07 minutes 58 seconds east
508.10 feet, south 19 degrees 15 minutes 01
seconds east 2.54.67 feet, south 14 degrees 09
minutes 10 seconds east 68.21 feet, south 8
degrees 50 minutes 27 seconds east 71.86 feet,
south 6 degrees 52 minutes 57 second8 east 122.63
feet, south 6 degrees 03 minutes 47 seconds east
361.08 feet, south 1 degree 59 ®inutes 53 seconds
east 275.16 feet, south 2 degrees 16 minutes 04
seconds west 80.07 feet, south 11 degrees 25
minutes 48 seconds west 63.45 feet, south 13
degrees 47 minutes 53 seconds west 154.16 feet,
south 20 degrees I3 minutes 22 seconds west 32.66
feet, south 27 degrees 41 minutes 55 seconds west
29.83 feet to a point in the line of John E.
Sadler and Twin Oaks Subdivision, thence with
John E. Sadler south 34 degrees 27 minutes 03
seconds east, 1600.89 feet, to an iron pipe, said
pipe a corner to Warren J. and Susan R. Bain,
thence with Sadler and Bain, north 28 degrees 45
minutes 53 seconds east, 1274.37 feet to an iron
pi~~e, thence with same north 12 degrees 02 minutes
•~ 25 seconds east, 1090.73 feet to an iron pipe,
said pipe being a corner to Bonnie C. Boothe,
thence leaving Sadler and with Boothe and Bain
south 89 degrees 21 minutes 19 seconds east,
2380.02 feet to a fence post, thence with same
south 34 degrees 23 minutes 26 seconds east
2487.07 feet, to a fencs post, said post a corner
to Murno Comsiunity Club, thence with Murno
Co~wunity Club, 'south 34 degrees 23 minutes 26
i~
f'
March 30, 1987 8197
seconds east, 220.80 feet, to the northmost right-
of-way line of state route bll, thence with state
route X11 the following courses north 74 degrees
S5 minutes 04 seconds east, 99.20 feet, north 75
degrees 27 minutes 41 seconds east, 347.55 feet,
north 76 degrees 43 minutes 18 seconds east,
266.32 feet, tQ a point in said right-of-way,
thence leaving said right-of-way south 19 degrees
41 minutes 12 seconds east 44.30 feet, to an iron
rod, said rod being in the line of Pulaski
Laundry, Inc. and Moodrow A. Davis, thence with
Pulaski Laundry, Inc. and Davis south 19 degrees
41 minutes 12 seconds east 689.33 feet, to an iron
pipe in the line of Bonnie C. soothe, thence
leaving Pulaski Laundry, Inc. with Boothe and
Dania north 57 degrees 19 minutes 39 seconds east
478.39 feet, to a fence post, thence with same
south 38 degrees O1 minutes 10 seconds east 430.82
feet to a fence. post, said post a corner to
Carlton B. and Billie M. noel, thence leaving
Davis and with Noel and Boothe south 55 degrees 37
minutes 14 seconds west 708.67 feet, to a fence
post thence with same south 32 degrees 15 minutes
25 seconds east 504.74 feet, to an iron pipe, said
pipe a corner to Thomas J-lexander Douthat, thence
leaving 41oe1 and with Boothe and Douthat south 44
degrees 18 minutes 24 seconds west 2382.04 feet to
a fence post, said post a corner to William C.
Rhudy, Jr., thence leaving Boothe and with Douthat
and Rhudy, south 66 degrees 35 minutes 40 seconds
west 1042.61 feet to a post, thence with same the
following courses south 84 degrees 15 minutes 24
seconds west, 462.36 feet, south 19 degrees 43
minutes 48 seconds west, 196.02 feet, south 39
degrees 33 minutes 14 seconds east, 248.29 feet,
south 11 degrees 45 minutes 45 seconds west,
394.29 feet, south 16 degrees 32 minutes 48
seconds west, 89.17 feet, south 13 degrees 10
^inutes 12 seconds west 140.98 feet, south 30
degrees 02 minutes 13 seconds west, 51.36 feet,
south lb degrees 33 minutes 34 seconds west, 30.13
,• feet, south 14 degrees 5i minutes 30rseconds west,
. 309.50 feet, to a fence post, said post a corner
to Joe B. and Mary A. Marshall, thence with
Marshall south 76 degrees 15 minutes 26 seconds
west, 33.20 feet, south 57 degrees 07 minutes 21
seconds west, 60.79 feet, south 67 degrees 26
minutes 40 seconds west, 57.36 feet, to a point on
the northeastmost bank of Peak Creek thence with
same crossing Peak Creek south 72 degrees 34
minutes 28 seconds west, 60.64 feet to the low
water line of Peak Creek, thence with the low
water line of Peak Creek the following courses=
north 21 degrees 32 minutes 24 seconds west 114.32
feet, north 32 degrees 17 minutes O1 seconds west
422.45 feet, north 74~degrees 17 minutes 15
seconds west 101.54 feet, north 82 degrees 21
minutes 57 seconds west 15.02 feet, south 64
degrees 42 minutes 06 seconds west 120.18 feet,
south 32 degrees 10 minutes 59 seconds west 224.81
feet, south 52 degrees 38 minutes 34 seconds west
222.24 feet, south 24 degrees 21 minutes 29
seconds west 220.82 feet, south 9 degrees 55
minutes 39 seconds east 170.81 feet, south 32
degrees 06 minutes 27 seconds east 125.48 feet,
south 56 degrees 19 minutes Si seconels east 220.34
feet, south li degrees 58 minutes 20 seconds east
222.31 feet, south 14 degrees 10 minutes 10
seconds west 135.81 feet, south 35 gees 23
minutes 50 seconds west 412.50 feet, south 53
degrees 55 minutes 42 seconds west 137.02 feet,
north 71 degrees 50 minutes OS seconds west 359.05
feet, north 43 degrees 21 minutes 54 seconds west
200.39 feet, north 46 degrees 14 minutes 59
~"' seconds vest 815.22 feet, north 63 degrees 13
minutes 09 seconds west 77.94 feet, north 71
degrees 17 minutes 25 seconds west 124.98 feet,
north 74 degrees 50 minutes 27 seconds west 224.25
8198 March 3U, 19$7
feet, north 10 degrees 30 •inutes 07 seconds west
100.04 feet, south 79 degrees 23 minutes 24
seconds Hest 137.f2 feet, south 74 degrees 41
•inutes 32 seconds west 174.07 feet, south 37
degrees 49 minutes 11 seconds west 121.85 feet,
south 19 degrees 38 minutes 14 seconds west 88.48
feet, south 16 degrees 15 minutes 11 seconds west
167.82 feet, south 12 degrees 45 minutes 38
seconds west 389.87 feet, south 4 degrees 43
minutes 39 seconds west 217.03 feet, south 4
degrees 37 minutes 22 seconds east 146.92 feet,
south 26 degrees 46 minutes 24 seconds east 120.10
feet, south 44 degrees 52 minutes 14 seconds east
__
217.03 feet, south 57 degrees 45 minutes 12
,' seconds east 93.37 feet, south 86 degrees 18
minutes 48 seconds east 214.24 feet, north 77
degrees 49 minutes 19 seconds east 188.26 feet,
north 89 degrees 19 minutes 51 seconds east 149.09
feet, south 71 degrees 25 minutes 47 seconds east
175.53 feet, south 47 degrees 53 minutes 27
seconds east 388.59 feet, south 29 degrees 09
minutes O1 seconds east 70.79 feet, south 8
degrees 54 minutes 10 seconds west 134.28 feet,
thence south 18 degrees 49 minutes 41 seconds west
147.23 feet, to the northmost right-of-way line of
the Norfolk Southern Railway, thence leaving Peak
Creek and with the l~orfolk Southern Railway the
following courses; south 73 degrees 23 minutes 51
seconds east 34.23 feet, south 67 degrees 32
minutes 15 seconds east 135.33 feet, south 61
degrees 39 minutes 13 seconds east 172.58 feet,
south 54 degrees 36 minutes 20 seconds east 184.06
feet, south 48 degrees 26 minutes 58 seconds east
.142.78 feet, south 47 degrees 02 minutes 03
seconds east 1A0.32 feet, to a point, thence
leaving the right-of-way line and crossing the
railway south 39 degrees 19 minutes 13 seconds
west 79.88 feet, to an iron rod in the line of
Dale J. and Debra C. Duncan and !'red ~,. Jackson,
thence with sale south 39 degrees 19 minutes 13
seconds west 92.53 feet, to a rcd, thence leaving
Duncan and Jackson a new line south 39 degrees 19
minutes 13 seconds west 154.38 feet to the
aouthmost right-of-way line of state route 99,
thence with route 99 south 55 degrees 07 minutes
20 seconds east, 97.68 feet, to a point thence
with same. south 39 degrees 40 minutes O1 seconds
east 21'.58 feet to the centerline of an unnumbered
unimproved road, thence leaving route 99 and with
the unimproved road the following courses; south
30 degrees 31 minutes 50 seconds west 260.44 feet,
south 21 degrees 23 minutes 58 seconds west 150.63
feet, south 12 degrees 19 minutes 50 seconds west
253.76 feet, south 24 degrees 02 minutes 03
seconds east 78.82 feet, south 62 degrees 30
minutes 11 seconds west 201.84 feet, south 56
degrees 27 minutes 11 seconds west 154.53 feet,
north 86 degrees 30 minutes 41 seconds west 284.84
feet, south 64 degrees 53 minutes 03 seconds west
92.56 feet, south 53 degrees 30 minutes 48 seconds
west 54.18 feet, south 34 degrees 54 minutes 37
seconds west 112.23 feet, south 72 decrees 59
minutes 55 seconds west 255.90 feet, south 67
degrees 55 minutes 51 seconds west 164.07 feet,
March 30, 1987 8199
north 64 degrees 26 minutes 55 seconds west 380.91
feet, south 89 degrees 45 minutes 55 seconds west
102.68 feet, south 52 degrees 35 minutes 20
seconds west 152.30 feet, south 45 degrees 25
minutes 27 seconds west 41.76 feet, south 41
degrees 47 minutes 17 seconds west 158.04 feet,
south 36 degrees 40 minutes 12 seconds west 46.05
feet, south 20 degrees 24 minutes 02 seconds west
271.46 feet, north 83 degrees 06 minutes OS
seconds west 172.16 feet, -north 83 degrees 26
minutes 44 seconds west 51.61 feet, south 46
degrees 21 minutes 53 seconds west 177.90 feet,
south 28 degrees 16 minutes 02 seconds west 137.09
feet, south 76 degrees 39 minutes 52 seconds west
156.65 feet, south 67 degrees 45 minutes 11
seconds west 21.19 feet, south 44 degrees 19
minutes 45 seconds west 150.82 feet, south 50
degrees 51 minutes 26 seconds west 473.97 feet,
north 87 degrees 55 minutes 23 seconds west 220.84
feet to a pipe in the line of Lyman Ltd thence
with Ly~san Ltd and leaving the unimproved road
north 87 degrees 30 minutes 14 seconds west 228.54
feet, to an iron pipe, thence with same north 87
degrees 28 minutes S9 seconds west 180.88 feet to
an iron .pipe, thence with sasie north 88 degrees 26
minutes 50 seconds west 359.90 feet to an iron
pipe, thence with sasie north 89 degrees 34 minutes
35 seconds west 959.48 feet to an iron pipe,
thence a new line through Lyman Ltd south 80
degrees 57 minutes 42 seconds we:t 2474.50 feet to
a point in the line of Draper Mountain Estates,
being also a point in the existing corporate limit
of the Town of Pulaski.
%ounci3man Glenn moved that Mayor Hancock be authorized to sign the
documents seconded by Councilman Neblett and carried.
Mr. Terwilliger advised there was one other document needed under the agreement
just adopted and a brief ordinance had been prepared allowing for land use assessment
in the area to be annexed. Mr. Terwilliger proceeded to read the proposed ordinance.
Councilman Neblett so moved that ordinance be adopted, seconded by Councilman
Crawford and carried on the following recorded vote:
John A. Johnston - Aye James R. Neighbors - Aye
Robert N. Glenn - Aye W. H. Schrader - Aye
Andrew L. Graham - Aye Ira S. Crawford - Aye
James M. Neblett - Aye Mary Lou Copenhaver -Aye
ORDINANCE
ORDINANCE ALLOWING FOR L_R1ND USE ASSESSMENT
ADOPTED IN THE AREA TO BE ANNEXED TO THE
TOWN OF PULASKI, VIRGINIA
WHEREAS, the Town of Pulaski, Virginia, anticipates annexing ~Artoz~~ of
Pulaski .County, Virginia, pursuant to an Annexation Agreement dated June 20, 1986,
between laid County and Town; and,
WHEREAS, it is anticipated that the annexation may take place as early as July
1, 1987, and should take place prior to January 1, 1988; and,
WHEREAS, certain portions of the area to be annexed have been entitled to special
assessments for agricultural, horticultural, forest and open spaces, pursuant to
Article IV, Chapter 8, of the Code of the County of Pulaski, Virginia; and,
WHEREAS, the Town of Pulaski wishes to provide for similar special assessments
and deferrments of full taxation until such land changes use;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Pulaski, Virginia.,
sitting in special session on March 30, 1987, that the Town of Pulaski, Virginia,
which has been determined by the Commissioner of Revenue to qualify for the special
assessment for agricultural, horticultural, forest and open spaces treatment under
Article IV, Chapter 8, of the Code of the County of Pulaski, Virginia, shall be deemed
to qualify for the Town of Pulaski special assessment for the same purpose; and, that
8200
ORDINANCE
March 30, 1987
the rollback provisions set forth in the County and State Code shall likewise
apply; and,
FURTHER, this Ordinance shall become effective on July 1, 1987, or as soon
thereafter as said annexation becomes effective. This Ordinance will be effective
through and including the remainder of calendar year 1987.
BE IT .FURTHER ORDAINED that the Town Treasurer be authorized and hereby is
directed to take all o..>th~~l"i steps necessary to implement this Ordinance,. and is
specifically directed to contact the Commissioner of Revenue to coordinate Town
and County processing of this assessment.
THIS ORDINANCE is ADOPTED this 30th day of March, 1987, and is effective
according to its terms, by recorded vote of the Town Council.
Mr. McKeever advised the Federal Emergency Management Agency had advised that
there is new language that we need to adopt which amends portions of the flood plain
ordinance to conform with changes in federal regulations.
Councilman Neblett so moved that this ordinance be added to agenda, seconded by
Councilman Glenn and carried.
Councilman Johnston so moved that reading of the ordinance be waived, seconded by
Councilman Glenn and carried.
Councilman Johnston made a motion that ordinance be adopted, seconded by Councilman
Neblett and carried on the following recorded vote:
John A. Johnston - Aye James R. Neighbors - Aye
Robert N. Glenn - Aye W. H. Schrader - Aye
Andrew L. Graham - Aye Ira S. Crawford - Aye
James M. Neblett - Aye Mary Lou Gopenhaver - Aye
ORDINANCE AMENDING PORTIONS OF THE:TOT~d:OF:.
PULASKI FLOOD PLAIN ORDINANCE TO .CONFORM
WITH CHANGES IN FED ERAL-REGULATIONS
ADOPTED
(FLOOD PLAIN)
1. Article VII, Definitions, is hereby amended as follows:
The paragraph definition of Mobile Home is hereby superseded and replaced
by the definition of Manufactured Home to read:
1
"Manufactured Home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the required
utilities. For Flood Plain Management purposes, the term "manufactured
home" also includes parked trailers, travel trailers, and other similar
vehicles placed on a sight for greater than 180 consecutive days. For
insurance purposes, the "manufactured home" does not include parked
trailers, travel trailers and other similar vehicles.
2. Section 5, Mobile Home Park-Subdivision, Existing, is replaced by deleting
said section and replacing it with "Manufactured Home Park or Subdivision"
to read:
"Manufactured Home Park or Subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
WHEREAS, the Federal Emergency Management Agency has promulgated revisions
to the National Flood Insurance Program Flood Plain Management Criteria; and,
WHEREAS, the Town of Pulaski, ~~rg~;nia.t must amend its existing F].ood Plain
Ordinance to comply with said criteria;
NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski,
Virginia, that the Town of Pulaski Flood Plain Ordinance, adopted in special
session of the Town Council on January 9, 1984, be and hereby is, AMENDED as
follows:
3. Definitions are further amended by the addition of the following terms,
to be added alphabetically:
March 30, 1987
8LO1
"Program deficiency" means a defect in a community's flood plain management
regulations or administrative procedures. that impairs effective implementation
of those flood plain management regulations or of the standards in Section 60.3,
60.4, 60.5, or 60.6.
"Remedy a violation" means to bring the structure or other development into
compliance with State or local flood plain management regulations, or, if
this is not possible, to reduce the impacts of this noncompliance. Ways
that impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcements provisions of the
ordinance or otherwise deterring future similar violations, or reducing Federal
financial exposure with regard to the structure or other development.
"Start of Construction".(for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial
improvement, and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, placement, or other
improvement was within 1$0 days of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site,
such as the pouring of a slab or footings, the installation of piles, the
construction of columns or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets and/or walkways; nor does it incldue
excavation for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure.
BE IT FURTHER ORDAINED that Section 3.3 of said Flood Plain Ordinance be, and hereby
is, AMENDED to read:
B. Utilities
All utilities such as electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities shall be designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
BE IT FURTHER ORDAINED that Section 3.3 is further amended by the addition of para-
graph F:
F. Use of Openings and Enclosures Below a Structures' Lowest Floor.
For all new construction and substantial improvements, fully enclosed areas
below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic floor forces on exterior walls by allowing
for the entry and exit of flood waters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect, or
must meet or exceed ~=~~'; following minimum criteria: A minimum of two openings
having a total net area of not less than 1 square inch for every square foot
of enclosed area subject to flooding shall be provided. The bottom of all
.openings shall be no higher than 1 foot above grade. Openings shall be
equipped with special screens, louvres, or other openings or devices provided
they permit the automatic entry and exit of flood waters.
THIS ORDIPI4NCE is effective upon adoption and is adopted March 30, 1987, by recorded
vote of the Town Council of the Town of Pulaski, Virginia.
T'`~ Mr. McKeever advised we were far enough along in our revenue and expenditure
RATE
projections for FY 87/88 to set the tax rate and recommended that on April 7th the tax
rate be set at 29~ per $100. A resolution will be ready on April 7th to set this rate.
Mayor Hancock advised that April 11th had been designated as County clean up
day and Council had been requested to participate.
At 7:50 p.m. on motion made by Councilman Neblett, seconded by Councilman
Neighbors and carried, Council adjourned.
ATTEST:
Cler of the Council
APPR ED:
ayor