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HomeMy WebLinkAbout10-18-83V~~ October 18, 1983 Minutes of the Special Meeting of the Pulaski Town Council held October 18, 1983, at 5:00 p.m. in the Council Chambers of the Municipal Building. There were present:. Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A. Johnston, Pauline G. Mitchell, James M. Neblett, C. E. Boyd, Jr., Andrew L. Graham, Jr., Alma H. Holston, Glen K. Aust Absent: Ira S. Crawford Also Present: D. E. McKeever, Acting Town Manager Ruth. A. Harrell, Clerk Visitors: Dee Lindsey of the news media The invocation was given by Councilman Aust. 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 5:00 p.m. on the 18th day of October, 1983, for the purpose of considering applications for the position of Town Manager, and any other business that may legally come before the Council. WITNESS our signatures this 18th day of October, 1983. V Mayor Ratcliffe welcomed Mr. James M. Neblett back to Pulaski Town Council. Mayor Ratcliffe advised the purpose of this Special Meeting was to consider applications for the position of Town Manager. Councilman Boyd made a motion that Council go into Executive Session in accordance with Section 2.1-344 of the Code of Virginia for the purpose of a personnel matter, that being to review the selection of applicants for the position of Town Manager, seconded by Councilman Graham and carried. ~~ 1 r• October 18, 1983 ~v;~ 1 At 5:15 p.m. Council went into Executive Session. At 7:20 p.m. Council returned to Regular Session. At 7:21 p.m., Councilman Boyd made a motion to adjourn Special Meeting and go into Regular Meeting, seconded by Councilman Graham and carried. APPROVED: Mayor Attest:. ~~=~ Clerk of Council 1 ry '+~Q U3~.V October 18, 1983 Minutes of the Regular Meeting of the Pulaski Town Council held October 18, 1983, at 7:21 p.m. in the Council Chambers of the Municipal Building. There were present:. Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A. Johnston, Pauline G. Mitchell, James M. Neblett, C. E. Boyd, Jr., Andrew L. Graham, Jr., Alma H. Holston, Glen K. Aust Also Present: Garnett. Moore, Town Attorney D. E. McKeever, Acting Town Manager Ruth. A. Harrell, Clerk Visitors: Dee Lindsey and Eric Randall of the news media Bob Lewis - Pulaski County Taxpayers Association Patty Williams Laymon Dishon 2 area citizens The invocation was given by Councilman Boyd. Mayor Ratcliffe advised that Mr. James M. Neblett had been appointed to OATH OF fill the unexpired term of Mr. Earl Cabaniss. OFFICE Councilperson Holston moved that Oath of Office taken by Mr. James M. James Neblett Neblett, Jr. on the 18th day of October, 1983, before the Clerk of the Cir- cuit Court of Pulaski County, Virginia, be received and filed, seconded by Councilman Boyd, and carried. The minutes of the Regular Meeting of October 4, 1983, and the Special Meeting of October 5, 1983, were approved as recorded. Mr. Bob Lewis, Pulaski County Taxpayer's Association, addressed Council PULASKI CTY stating that much of their membership and citizens they had talked with were TAXPAYERS ASSOC. concerned over the need of communication between the citizens and Town Council. Mr. Lewis further referred to Council Meeting of May 17, 1983, at which he also addressed Council. At that time, he was advised that his statement was not wholly true and Mr. Lewis was taking exception to this. At the last Council Meeting, Mr. Lewis was advised, on the particular issue being discussed, that the public wait until a later date to speak as no action would be taken on the matter at that meeting. As another gentleman was allowed to speak, Mr. Lewis felt this was not an example of having the desire to be communicative to the public. Mayor Ratcliffe asked if there were further comments from the public, and there being none, he called for Reports of Council Committees. NOMINATING COMMITTEE UTILITIES COMMITTEE Chairman Johnston advised that the Personnel Committee had met and recomm- ended that Ernest T. Painter and R. David Warburton be reappointed to the Board of Zoning Appeals, and moved that Town Attorney Mr. Moore prepare the proper Order to be entered by the Judge of the Pulaski County Circuit Court reappointing Ernest T. Painter and R. David Warburton to another term on the Board of Zoning Appeals. Motion was seconded by Councilman Boyd, and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. -Aye Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Johnston further stated the Personnel Committee had been reviewing the Personnel Policy Manual for the Town, and requested recommendations from Council on this Manual. Hopefully, it will be ready to present to Council the first of November. October 18, 1983 I~~J Chairman Johnston advised that on Peppers Ferry Project, they were in the pro- cess of negotiating for property on contract 4B (second pump. station); working with. Engineers to secure easement on property and secure right of way for the force main. They are also working on the road to pump station. Contract 2 is 90% complete, contract 3A is 70% complete, contract 3B has begun, contract 5 has also been started. They are still trying to work with the County on sewer for the Industrial Park area. Flows .from Pulaski County High School, Whites and Fairview Home will be monitored starting October 19, 1983. Mayor Ratcliffe advised progress had been made on financing and scheduling. The State Water Control Board .has not made a report on this as yet. Mayor Ratcliffe further stated he was very encouraged that we would complete this project ahead of schedule. POLLUTION AND SANITATION COMMITTEE Chairperson Mitchell advised that the Pollution and Sanitation Committee had met, but Committee had not taken any action at this time. LAND AND BUILDING COMMITTEE Chairman Boyd had no report. FINANCE COMMITTEE Chairman Graham had no report. STREET COMMITTEE Chairman Crawford absent. ORDINANCE COMMITTEE Chairperson Holston advised that Mr. Moore had an Ordinance and a Bond concerning holding harmless the Commonwealth of Virginia for damages arising out of the granting of permits from Virginia Department of Highways, changing amount from $1,000 to $10,000. Mr. Moore presented and read Ordinance and Bond. Chairperson Holston moved that the Ordinance be adopted as read, seconded by Councilman Aust, and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. -Aye Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye An ORDINANCE to obligate the Town of Pulaski ORDINANCE to execute a Bond of even date herewith to hold. "Hold Harmless harmless the Commonwealth of Virginia for any and the Commonwealth all damages arising out of the granting by the of VA" Virginia Department of Highways of permits to the Town of Pulaski, Virginia, for use of right of ways of the Virginia Department of Highways by the Town of Pulaski for installation, construction, mainten- an~e and operation of public utilities along, across, over and upon said right of ways BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in Regular Session on this 18th day of October, 1983, that: The Town does hereby direct and authorize the Mayor to execute and its Clerk to attest and place the Town seal on a Bond to hold the Commonwealth of Virginia harmless for any and all expense, damages, or injury which may be sustained by the Commonwealth of Virginia growing out of the granting to the said Town of Pulaski by the Virginia Depart- ment of Highways permits for installation, construction, reconstruction, maintenance and operation of certain public utilities along, across, over and upon the Highway System of Virginia, the said obligation to be binding upon the Town under the terms of said Bond, and made a part of this ordinance by reference. This ordinance shall become effective upon passage. ADOPTED this 18th day of October, 1983. ~D ~~""~ October 18, 1983 Chairperson Holston also stated that Mr. Moore would present and read a Resolution regarding Peak Creek Maintenance Agreement in contemplating the Town returning to the Federal Flood Insurance Program. This is the first step we have to take to get back on the flood plain, and to receive maps lowering the floodway one foot. Chairperson Holston so moved that Resolution be adopted as read by Mr. Moore, seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Aye Pauline G. Mitchell - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye Andrew L. Graham, Jr. - Aye Ira S. Crawford - Absent Alma H. Holston - Aye Glen K. Aust - Aye RESOLUTION PEAK CREEK WHEREAS, the Town of Pulaski has under consideration and contemplates MAINTENANCE returning to the Federal Flood Insurance Program and has been advised that AGREEMENT it is necessary. for it to adopt some type of maintenance agreement for the Peak Creek drainage channel, and WHEREAS, the Town of Pulaski has recently dredged the Peak Creek channel. to a depth which meets the requirements of the Federal Program, and desires by this Resolution to agree to, and obligate the Town to keep the Peak Creek Channel at a level as stipulated in the Federal Program; and WHEREAS, Peak Creek now flows through the channel on its natural bottom and is in an unimproved open drainage course without an established concrete or other type of man-made bottom; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski Virginia, meeting in Regular Session on this 18th day of October, 1983, that the Town agrees to the following: (1) To keep the bottom of Peak Creek dredged to a point which meets the required Federal specifications. f~ 1 (2) To inspect at least on a quarterly basis the said channel and report any buildup or other changes to the Manager of the Town of Pulaski, who will determine from time to time if maintenance thereon is being performed. (3) To perform maintenance on said Peak Creek as often as necessary to keep this course free from debris and any wild growth above the height of eighteen inches on the natural. bottom grade. (4) To have an inspection for sedimentation in said Creek bed at least one time per year and to dredge and maintain said channel as often as necessary to keep the sedimentation. from exceeding twelve inches in depth above the bottom grade. (5) To determine the depth of the sedimentation the Town will have a professional engineer registered in the State of Virginia to coordinate and review the bottom profile of said channel. The Town by this Resolution binds itself and succeeding Town Council upon the above duties and obligations, and does further authorize that the Town Manager send certified copies of this resolution to all appropriate Federal agencies. ..This Resolution shall become .effective upon adoption. ADOPTED this 18th day of October, .1983. Chairperson Holston advised that Acting Town Manager and Town Attorney were .working on the proposed changes in the Town's Zoning Ordinance. Mr. Moore presented and read a Resolution concerning Section 3 Plan of the Community Development Block Grant to be received by the Town to install water and sewer lines in the Cool Springs area. Chairperson Holston so moved adoption of Resolution of read, seconded by ~1 Councilman Neblett, and carried on the following recorded vote: October 18, 1983 ~~s~1 John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M.Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye RESOLUTION SECTION 3 PLAN WHEREAS the Community. Development Block Grant to be received by the COMM. DEV. BLOCK GRT. Town of Pulaski to install water and sewer lines in the Cool Springs area COOL requests that the Town adopt what the Grant describes as "Section 3 Plan". SPRINGS This Plan basically establishes procedures whereby the Town in awarding the grant funds agrees to utilize business within the project area, Pulaski County, for material procurement and it established methods for employing low income residents within the project area of Pulaski County before going outside of the project area. This plan will require the Town to make the conditions of "Section 3 Plan" a part of the request for bids. NOW, THEREFORE, be it resolved. by the Council of the Town of Pulaski meeting in regular session on this the 18th day of October, 1983, that the Town hereby agrees to the "Section 3 Plan" as a part of the Community Development Block Grant to install water and sewer lines in the Cool Springs Area. The Town further agrees to establish procedures provided for utilizing businesses within the project area, Pulaski County, for material procurement, the methods for employing low income residents within the project area before going outside the area. The Town further agrees to make these conditions a part of their request for bids upon the project. The Town hereby authorized and appoints the Mayor of the Town and the Clerk of Council to execute this resolution and to distribute these through the Town Manager to those agencies and parties designated to receive same. This Resolution shall become effective upon adoption. Adopted this 18th day of October, 1983. Mr. Moore presented and read.a Resolution regarding ot~ndemnation of property for Peppers Ferry Regional Wastewater Treatment Authority sewer line. Chairperson Holston made a motion to adopt Resolution as read, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye. Glen K. Aust - Aye RESOLUTION WHEREAS, the Town of Pulaski, Virginia, a Municipal Corporation, and a EASEMENT member of the Peppers Ferry Regional Wastewater Treatment Authority, together FOR with the Town of Dublin, Virginia, (beginning at the Dublin Sewer Plant) is PEPPERS constructing and will maintain and outfall-sewer line from the Town of Pulaski FERRY to the Fairlawn Lagoon which crosses a certain property near the Town of New LINE River, Virginia, owned by Gertrude Walker Stigger, Thelma Walker Harvey, and Ernestine Walker Jones; and WHEREAS, the Town finds it necessary to acquire either by purchase, gift or condemnation a construction and permanent easement over the aforementioned parcels of land through which the sewer line will be constructed as hereinafter described. Said easement over the land for the main sewer line will be used as a necessary and integral part of the Town of Pulaski, Town of Dublin and other members of the Pepper's Ferry Regional Wastewater Treatment Plant's sewage collection and treatment facility. Gertrude Walker Stigger and Alexander Stigger, her husband, and Thelma Walker Harvey, widow, who collectively own a three-fourths undivided interest in the property, executed a deed of ease- ment for their share of the easement to the Town of Pulaski, Virginia. However, Ernestine JOnes, widow, who lives in New York, owner of an undivided one-fourth interest in the property, has not returned the easement agreement although she has been requested on several occasions. to do so; and ~~'~'~~ October 18, 1983 U'r d, WHEREAS, in connection .with'the~Town's attempts to acquire the ease- ment for the. construction of the sewer line, the Town has caused to be made by Arthur Giesen, Archa Vaughan, and W. W. Fanning, three competent apprai- sers, and appraisal. of the fair market value for the easement necessary for the sewer line and an evaluation of the damages, if any, to the remaining lands of the landowner; and WHEREAS, the Town has informed Ernestine Jones, through her only son, Willard Janes, of the appraised value and damages, if any, and has confirmed the appraisal figures as an offer by the said Town to purchase the necessary. easement and for any and all damages as established by the aforesaid appraisers; and WHEREAS, the Town has been ineffectual in acquiring the one-fourth (1/4) interest in the necessary easement because of the refusal of Ernestine Jones and Willard Jones, the owners, to return said easements; and WHEREAS, the Town deems the one-fourth interest in the easement necessary in order to properly construct and use the contemplated sewer line as a part of the Town's sewage collection, treatment and disposal system; NOW, THEREFORE, BE IT RESOLVED by the .Council of the Town of Pulaski, Virginia, meeting on this 18th day of October, 1983, that: (1) The Town, in consideration of the premises, does hereby declare that the one-fourth interest in the easement for the construction and use of a main sewer line from Pulaski to the Peppers Ferry Regional Wastewater Treatment Plant is necessary and essential for the operation of the sewage system of said Town and the Town of Dublin and part of the County of Pulaski, Virginia, that its efforts to acquire said easement have been ineffectual in that one of the owners of a one-fourth undivided interest refuses to properly execute. and return an Easement Agreement; and that by reason there- of, the Town now deems it necessary to acquire said easement by condemnation described more particularly, together with the amount offered, as follows: Landowners: Ernestine Jones., owner of a one-fourth undivided interest Appraisal offer, including damages, if any: 1/4 of $496.44 Easement: 40 ft. construction 20 ft. permanent Description of easement Parcel No. 1: BEGINNING at a point labeled Station 574 + 58 located in the property line between the Virginia Department of Highways and Transportation and George Walker; thence from said point South 45° 40' 59" East 31.72 feet; thence South 36° 09' 08" East 37.58 feet to a point labeled Station 575 + 75; said point being located in the property line between George Walker and Wallace E. Morris. The plat for this easement is shown on Plan Number L-2727 D 1 as prepared by Draper-Aden Associates, Inc. Parcel No. 2• J BEGINNING at a point labeled Station 579 + 21, said point being located in the property line between the Norfolk and Western Railroad and George Walker; thence from said point South 31° 14' S8" West 11.05 feet; thence South 22° 21' 38" East 83.14 feet; thence South 14° 57' 12" WEst 205.55 feet; thence South 70° 33' 38" East 169.77 feet; thence South 63° 30' 02" East 118.59 feet to a point labeled Station 585 + 02; said point being located on the property line between George Walker and Henry Walker. The plat for this easement is shown on plan Numbers L 2727 D3 and D4 as prepared by Draper Aden Associates, Inc. (2) The Town Attorney, Garnett S. Moore, his law firm and such other persons as he deems necessary to associate with him, are hereby ~u~hodrized and directed to obtain by purchase or condemnation,, the afores i an ~~~'3 October 18, 1983 ~'~`' and easements; and the Town Attorney is further authorized and directed to file a certificate of taking, pay into Court the appraised price for the necessary one-fourth interest in the easement, including damages, if any, to the residue of the landowner's property; and to take any and all steps necessary under law to secure the same, and he is further directed to sign the name of the Town of Pulaski as its attorney to any necessary pleadings or papers. (3) The Mayor and Clerk .are directed to certify this resolution or other resolutions or records as may be necessary. (4) The Treasurer or other proper officials of the Town are directed to pay into Court, or as may be directed by said court of record, or by the attorney for the Town the sum of $124.11, and such other sums as the landowner is entitled to for the taking and damages, if any, to the remaining property of the landowner if awarded to them by the Court together with any necessary costs which are required in carrying on the proceedings. This resolution adopted this 18th day of October, 1983. PUBLIC SAFETY COMMITTEE Chairman Aust had no report, but stated this past week, we had three large events in the Town. The Chamber of Commerce had their annual banquet with over 500 people attending; for National Fire Protection Week, the Fire Department had a large parade which attracted thousands of people; and we had Count Pulaski Day which also attracted thousands of people. Councilman Aust further stated that when people work together things happen, and he felt we owe many people many thanks and congratulations for a job well done on these. three events. REPORT OF MAYOR Mayor Ratcliffe advised that a letter had been received from Dr. Robert Greenlaw concerning trash along the sides of our streets and highways. The Public Works Department is working on this matter. Mayor Ratcliffe further advised that a letter had been received. from the YMCA requesting exemption from utility taxes. Councilman Aust made a motion that this request be referred to the Finance Committee, seconded by Councilperson Holston and carried. Notification has been received from C & P Telephone Co. outlining their new structure and rates. REPORT OF TOWN MANAGER Mr. McKeever advised that a public hearing should be scheduled for November 1, 1983, at 4:00 p.m. in order that public comments may be received concerning the installation of sewer and water line connections along the Dora Highway for the Community ,Improvement Grant Application. Councilman Graham so moved that public hearing be scheduled .for November 1, 1983, at 4:00 p.m., seconded by Councilman Boyd and carried. APCO Mr.McKeever advised that a meeting had been held with Appalachian Power Company change in concerning rate changes for street lighting and the installation of high pressure rates sodium vapor lights in the downtown area. The new street light rates will be effective October 20, 1983, and will cost the Town an additional $2,687.73 for this fiscal year. The Town will be charged $173.35 to install each new high pressure sodium vapor light. Appalachian donated labor and equipment to install lights on Main Street on prior projer_t. There are. 49 lights identified and sche- duled for replacement... The charge. for installing the high pressure sodium vapor lights is good for a period of 30 days. Councilman Boyd made a motion that Acting Town Manager be authorized to sign the letter from Appalachian Power Co. accepting the change in street lighting rates, seconded by Councilman Aust, and. carried on the following recorded vote: '~~~~4 October 18, 1983 John A. Johnston - Aye Andrew L. Graham, Jr. - Abstain Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston. - Aye C. E. Boyd, Jr. - Aye Glen K.Aust - Aye TOWN AUCTION ACTION TO COLLECT DELIQUENT TAXES BUILDING & ZONING OFFICE Councilman Boyd made a motion that Acting Town Manager be authorized to negotiate 17 lights on Main Street from Randolph to Madison for the sum of $2,949.50, seconded by Councilman Aust, and carried on the following. recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Abstain Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M.Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Mr. McKeever advised that the annual auction o£ surplus equipment was held at the Town Shops on October 1, 1983. The Town received $4,992.80 which was returned to the General Fund. Mr. McKeever stated that at Council's direction, we have initiated an action of trying to become more aggressive in collecting delinquent taxes. When tax tickets are first delinquent, a notice-will be attached to their. ticket, notifying people that their tax is delinquent. If there is no response from this note, we are going to send a letter to the delinquent taxpayer advising them that their taxes are delinquent, and stating when payment is due. If there is no response to this letter, a final notice will be sent. If the taxes remain unpaid, the Treasurer will then use whatever manner as provided by law including garnishment of wages or bank accounts, liens against property, legal suits, and the sale of property. We will start with the ones that are past due the longest, and work toward more recent. Mr. McKeever stated his office had been directed by Council to determine the feasibility of combining the Town's Building Inspection Program with the County's. The County has offered to provide building inspections for a fee of $20.00 for each inspection made. The Town would continue to issue zoning permits, and the other services normally handled through the Office of Building and Zoning. Cost that could be eliminated by consolidating the offices - $14,855.82 as compared to the cost for the County to perform inspections - $19,000.00. It was the Acting Town Manager's recommendation that the present system be maintained but that we monitor the cost effectiveness of the Building and Zoning Office periodically. Councilman Boyd advised he felt this was a good example of functional consolidation versus full consolidation, where the savings is not in functional consolidation. He further stated we do not charge for an inspection; this is accepted as part of the responsibility of the Building and Zoning Office. We would have to put the charge of $20.00 per inspection and let it pay its own way. After further discussion by Council, no action was taken on this subject. J CURB & GUTTER Mr. McKeever advised we have a request to install 100 feet of curb and gutter REQUEST on Medallion Drive at a total cost of $750.00. The property owner is responsi- ble for one-half the cost of $375.00. Councilman Boyd moved that we refer this subject to the Street Committee, seconded by Councilperson Mitchell, and carried. Mr. McKeever stated that correspondence had been received from Mr. W. D. TERY Macgill, Jr, in reference to disposing of Cemetery Lot No. 356. In the past, the 356 Town has bought back cemetery spaces at a cost of $50.00 per space, or $300.00 for the entire lot. Councilman Boyd moved that Town Manager be authorized to offer Mr. Macgill $300.00 for cemetery lot No. 356, and Town Attorney to prepare a deed, seconded 7~~'~ October 18, 1983 by Councilman Neblett, and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. -.Aye Pauline. G. Mitchell - Aye Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston - Aye C.E. Boyd, Jr. - Aye Glen K. Aust - Aye Mr. McKeever further advised that it was recommended that future meeting be held on the sewage issues between the Town and County after monitoring readings of flows through the lines for five weeks. Accurate. readings can probably be determined after one week. Councilman Boyd made a motion that Special Council Meeting be held Saturday; Oct er 22, 1983, at 9:00 a.m. for Council to go into Executive Session to consiC~er a 1~cations for Town Mana er second d PP g e by Councilperson Mitchell and carried. ~ At 8:38 p.m. Councilman Neblett made a motion to adjourn, seconded by Counc~l- persgn Mitchell and carried. Attegt: X~ ~ C1 rk of Council APPROVED: Ma r