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HomeMy WebLinkAbout04-16-85April 16, 1985 I V~r1 Minutes of the Regular Meeting of the Pulaski Town Council held April 16, 1985, at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A. Johnston, James M. Neblett, C. E. Boyd, Jr. James R, Neighbors, Ira S. Crawford, Mary Lou Copenhaver, Glen K. Aust Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Anne Burgess, Assistant to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Ann Lindsey of the news media Roger Bell James DeWitt, 2204 Marshall St. Ralph Grubb, 2140 Sunset Drive Mary Bruce 10 area citizens The invocation was given by Councilman Aust. The minutes of the regular meeting of April 2, 1985, were approved after correction The minutes of the special meeting of April 4, 1985, were approved as published. In hearing from the public, Mr. James DeWitt and Mr. Ralph Grubb addressed Council Streets statin the had turned in g y petition from residents on Windsor, Camper Avenue, Sunset Drive and Marshall Street requesting consideration of resurfacing these streets. Also, sewer was installed in this area and repairs have not yet been made to bring street up to standard.Mr. McKeever advised that Windsor and Marshall have, according to State standards, significantly high ratings and are not due for resurfacing until approximat ly 1988. Camper and Sunset should be paved and trying to include these streets in the 85/86 budget. Mr. McKeever is to review Marshall Street to see what needs to be done to bring a legal opinion in Executive Session. Mayor Ratcliffe advised citizens we were contin- up to standard. FRED Several citizens appeared before Council requesting progress made on the Fred JACKSON Jackson, Mathews Court situation. Mr. McKeever advised that Town Attorney would render SUBD. uing to work on this matter. TRAFFIC Ms. Mary Bruce addressed Council requesting that Town Code be changed (16.23) regarding parking 18 inches from curb as she received a ticket due to parking 18 inches from curb even though she was parked within the white parking lines. Mr. McKeever advised we have recognized this problem and the public hearing on Motor Vehicles and Traffic Ordinance has been scheduled for May 7. The new ordinance eliminates this problem by redefining as long as you are parked within the marked space, you are legally parked. It is unfortunate we cannot help her today, as this is what t law says now, but we are working to change it. As there were no further comments from the public, Mayor Ratcliffe called for PEPPERS FERRY Council Committee Reports. , UTILITIES COMMITTEE Chairman Johnston advised that he and Mayor had been to Richmond and had gone through the proceedings to formally close the bonds and that all bonds had been sold. Mayor Ratcliffe stated that the only remaining thing that needed to be done was on the Trust Agreement and it is a legal question that had come up. He also advised they have an AAA credit rating according to Bond Counsel and over the life of the con- tract we would save about $300,000 in interest by having a good credit rating. Mayor Ratcliffe stated Mr. Terwilliger's efforts were spoken of very highly. POLLUTION AND SANITATION COMMITTEE Chairman Glenn absent. PERSONNEL, PUBLIC RELATIONS & NOMINATING COMMITTEE Chairman Neblett had no report. LAND, BUILDINGS AND STREETS COMMITTEE ~gN~ April 16, 1985 PRINTER PURCHASED REVENUE SHARING Chairman Boyd had no report, however, asked for progress report on red. light on Bob White Blvd. Mr. McKeever advised it went out to bid this month and will probably be started in June. Councilman Johnston suggested he felt the time was right for the Town and County to get together to make four lanes on Bob White Blvd. due to heavy traffic in this area. RECREATION AND PARKS COMMITTEE Chairman Neighbors had no report. FINANCE COMMITTEE Chairman Crawford advised the Finance Committee had met on April 11, 1985. S of our operations are being put on the computer and a printer has been located for the Treasurer's office. Three printers were reviewed, IBM Printer, Decision Data and Anzac Hi Speed. The Finance Committee recommended the Anzac Hi-Speed printer be purchased. Chairman Crawford moved that $5,995.00 previously budgeted to Revenue Sharing Account No. 106-7007 be approved for expenditure for the purchase of a Printer for Data Processing, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Absent Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye The committee also reviewed Revenue Sharing reimbursements which have been previous approved for expenditure. Chairman Crawford moved that the Town Treasurer be authorized to reimburse the General Fund for actual expenditures through January, 1985, appropriated from Revenue Sharing Funds in the following amounts: 106-7001.01 106-.7002.02 106-7005.03 106-7007 106-7011.01 106-7014.03 106-7015.02 Machinery & Equipment-Fire Dept. Air Pack Furniture & Fixtures - Treasurer Motor Vehicle - Engineering Purchase ADP Equipment Improvements - Creek Cleaning Street Improvements - Gatewood Roof Repair - Senior Center Motion seconded by Councilman Neighbors and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Absent James M. Neblett - Aye C. E. Boyd, Jr. - Aye $ 2,604.00 2,673.00 7,401.00 4,675.25 2,000.00 721.20 2,395.55 $22,470.00 James R. Neighbors - Aye Ira S. Crawford - Aye Mary Lou Copenhaver -Aye Glen K. Aust - Aye Chairman Crawford advised the Air Pack went over the original budgeted amount by $354.00 and the roof repair to the Senior Center went over the original budgeted amount by $395.00, and so moved that an additional appropriation from Revenue Sharing Unappro- priated Surplus be made as follows: 106-7001.01 Machinery & Equipment $ 354.00 106-7015.02 Roof Repairs 395.55 $ 749.55 Motion seconded by Councilman Neighbors and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Absent James M. Neblett - Aye C. E. Boyd, Jr. - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Mary Lou Copenhaver -Aye Glen K. Aust - Aye Councilman Aust asked when budget would be ready and Mr. McKeever advised itwould be ready at the next meeting of Council.Mr. McKeever advised we had approval to finish cleaning Peak Creek and it will be completed as other projects are finished. ORDINANCE COMMITTEE Chairperson Copenhaver presented and read Ordinance amending Chapter April 16, 1985 / (71-~+r~ 13~ of the Town Code dealing with weed and trash abatement and so moved adoption of resolution with effective date of April 16, 1985, seconded by Councilman Neblebt and carried the following recorded vote: BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 16th day of April, 1985, that Chapter 13 of the Pulaski Town Code be and hereby is amended as follows: Existing Sections 13-3, 13-4, and 13-5 be and hereby are repealed; anti, Sections 13-3 through 13-5.5, inclusive, in the form attached hereto be and hereby are enacted into law. This ordinance is effective upon adoption and is hereby adopted this 16th day of April, 1985. WEED AND TRASH ABATEMENT Article II Weed and Trash Abatement Section 1~_~ Definitions 1 John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Absent Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye ORDINANCE AMENDING CHAPTER 13 ORDINANCE OF THE TOWN CODE DEALING WITH WEED AND TRASH ABATEMENT A. Abatement cost means the Town's cost of labor, equipment and supplies for or the contract price of any charges to the Town with respect to its removal and disposal of weeds or trash from a parcel. B. Town Manager means the Town Manager or his designee. C. Public nuisance means a state of facts requiring governmental action for the establishment and maintenance of public health, safety, order and convenience. D. Owner means any person shown by any public record maintained by any Circuit Court, General District Court, Treasurer, or Commissioner of Revenue to have an interest in real estate lying in the Town of Pulaski, Virginia, as of the date of the abatement of the public nuisance under this Article or any successor in title taking with actual or constructive notice of the existance of a public nuisance. E. Parcel means any real estate (and any interest therein) lying in the Town of Pulaski, Virginia, identified by an official tax number except any parcel lying in an agricultural district as defined elsewhere in this Code. F. Trash means abandoned personal property, garbage, refuse or debris openly lying on any parcel which might endanger the health of other residents of the Town. G. Weed or weeds means any plant, grass or other vegetation over eighteen (24) inches high other than trees, shrubbery and agricultural plants. Section 13-4 Weeds and Trash Declared a Public Puisance Weeds growing between May 1st and October 1st and trash lying on any parcel shall constitute a public nuisance; it shall be unlawful to cause or allow a public nuisance with respect to any parcel. Any owner shall abate any public nuisance with respect to this parcel. Section 1~~ Duty of Owner of Land to Cut Obnoxious Weeds Between May 15th and June 15th, and between August 1st and September 1st of each year, every owner of real estate situated in the Town shall at his sole expense cause to be cut therefrom all obnoxious weeds. Any such owner who shall violate provisions of this section shall be deemed to be guilty of a class 4 misdemeanor, and each day that such weeds shall remain uncut after the period within they are hereunder required to be cut, shall be deemed to constitute offense under this section. Section 13-5.1 Notice of Removal of Weeds; Preabatement Hearing A. Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the Town Manager determines that a public nuisance exists with respect to any parcel, he may mail by certified mail to its owner at the latter's address, as determined from public records, written notice that there exists a public nuisance with respect to the parcel and that such public nuisance shall be abated within fourteen (14) days following the mailing. In case the owner's address is unknown, the Town Manager may post the notice on ~C~f.r~ April 16, 1985 that owner's parcel and the posting shall be accomplished at least fourteen (14) days prior to abatement of the public nuisance with respect to that parcel and a copy of the notice will be sent to the owner's last known address according to official records. The notice shall also provide that if the public nuisance is not abated, the Town will do so and charge to the owner the cost thereof together with a 257 administrative charge. B. The notice shall advise the owner and it is hereby ordained that if he objects to the proposed action of the Town at a time and place indicated on the notice, he may present to the Town Manager, his objection provided that within seven (7) days from the date of mailing or posting of the notice, the owner shall notify the Town Manager by completing and returning to the Town Manager, a portion of the' notice providing a space for his name, address and statement of his objection or by certified mail, return receipt requested. At the hearing, the Town Manager shall hear and investigate any objections that may be raised and take such action in response as may be reasonable. The Town Manager is authorized, but not required, to grant an extension of up to fifteen (15) additional days for the owner to abate the nuisance. Any extensions so granted must be in writing and must be signed by the Town Manager and property owner and shall contain an acknowledgement by the property owner that the nuisance exists and that the property owner agrees that if said property owner does not abate the nuisance within the agreed time, the Town may proceed to do so without further notice to the owner and at the expense of the owner. Section 13-5.2 Abatement of Public Nuisance A. If the owner fails to abate the public nuisance as required, and if the Town Manager after the hearing described above, if requested, deems it necessary to protect the public health, safety, order or convenience, he may direct in writing that Town forces abate such public nuisance, or the Town Manager may contract for this abatement on behalf of the Town with a private contractor following the public procuremeia act. B. Any owner may abate the public nuisance himself without liability to the Town provided that he do so prior to the commencement of the abatement by Town personnel or contractor. Section 13-5.3 The Town Manager shall keep an account of the cost of abating public nuisances and provide the Town Treasurer with periodic reports with assessment lists. The copy retained by the Town Treasurer shall be avail- able for public inspection. The report shall refer to each parcel as to which public nuisance was abated by descriptions sufficient to identify the parcel and specify the charges proposed to be assessed against each owner. .:Section 13-5.4 Collection of Town's Expenses in Removing Weeds, Rubbish, etc. Upon Owner's Refusal Cost of the Town made under this article which remain unpaid over a period of sixty (60) days after rendered, shall constitute a charge against the person obligated to pay the charge and to whom notice was given. This charge shall constitute a lien against the real property involved. Charges made under this Article shall be actual charges for the services performed plus a 257 administrative fee and shall be in keeping with general costs for like services by private contractors._..In the event a lien is to be claimed against the property, the Town Treasurer shall take the same action to establish the lien as that used to establish a lien against the property for delinquent taxes 1 fl April 16, 1985 , I'~rG~ PUBLIC SAFETY COMMITTEE Chairman Aust had no report. MAYOR'S REPORT Mayor Ratcliffe advised that correspondence had been received from the Town of Herndon advising the Virginia Commission of the Arts is soliciting comments regarding the 1986-88 Grant Program. As part of the program, a Local Governments Challenge Grant is provided to encourage new funding of arts programs through local governments. Towns are excluded as eligible units of local government. They have requested the Virginia Commission of the Arts to include Towns as eligible governmental units, as well as requesting that parks and recreation agencies be identified as recipients of funds throu~ this program. They had included a copy of the grant guidelines and a copy of the resolu• ti:on which they had adopted to express their position on this program. Councilman Boyd moved that the proper resolution be prepared to include towns, seconded by Councilman Neighbors and carried.This resolution is to exclude all other programs. Mayor Ratcliffe advised a sample resolution had been received from the Town of ~J Blacksburg asking the NRV Planning District Commission to prepare a survey on the need for air service in the New River Valley. Mayor Ratcliffe will take to Airport Cammission before bringing to Council TCIWN ATTORNEY Mr. Terwilliger advised that resolution had been prepared on the chess team, but he needed to check one paragraph for accuracy. As Councilman Glenn was absent and he had requested this resolution, Mr. Terwilliger will bring this resolution back at next meeting. Mr. Terwilliger requested an Executive Session to cover several legal matters under 2.1-344, A6. TOWN MANAGER Mr. McKeever advised that they had met with the County Planning Department in COUNTY RESOURCE INFOR. SYSTEM i ~~ I ~I reference to participating in a Community Resource Information System. The program wi develop a computer based information and inventory of actual resources and later apply this system to the development of a recreation plan. The computer will analyze and identify the type of topography present and best type of use for that particular land. It will list the three best uses for the land, initially in terms of recreation. The same program can be expanded and adaptable to personal computers and once this information has been gathered, it can be used in making land use, planning and zoning decisions. To complete the recreation phase of the study will cost the Town $2,000. Increasing the data to other uses will cost $2,000 for a maximum investment of $4,000. Field work is to be done by Professors and students at VPI. Mr. McKeever recommended that we notify the County that we would be willing to participate. Councilman Neblett moved that we do the first phase and then evaluate the balance. Motion did not receive a second. Councilman Johnston made a substitute motion that this be referred to the Recreation Committee and the Finance Committee, with guidance from Town Manager, seconded by Councilman Neighbors and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Absent Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - No Glen K. Aust - No LANDFILL Mr. McKeever advised that a letter had been received from John Olver, Inc. indicating their request for disposing of Radford's solid waste temporarily in the Town's landfill. Councilman Boyd so moved this matter be referred to the Pollution and Sanitation Committee for a thorough review, seconded by Councilman Neblett and / ~ ~V April 16, 1985 ~ Ref. Resol. _ m~ carried. Mr. McKeever also requested an Executive Session under 2.1-344 (6), Legal Matter. Councilman Neblett made a motion that Council go into Executive Session, seconded by Councilman Neighbors and carried. At 7:54 p.m. Council went into Executive Session. At 8:27 p.m. Council returned to Regular Session. Councilman Crawford advised that at last meeting, a motion was passed authorizing Mr. McKeever to sign an acceptance from the County pertaining to a legal matter, and made a motion that we add the name of Mayor Ratcliffe to be authorized to sign this release also, seconded by Councilman Neighbors and carried. At 8:28 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilman Crawford and carried. ATTEST: ~~ ~ • er'1 Clerk of Council APPROVED: Mayo 1 I i ~ .u