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HomeMy WebLinkAbout05-15-84May 15, 1984 ~~~~ Minutes of the regular meeting of the Pulaski Town Council held May 15, 1984, at 4:00 p.m. in the Council Chambers in 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., Ira S. Crawford, Alma H. Holston, Glen K. Aust Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Eric Randall of the news media Nick Glenn Jim Neighbors Mary L. Copenhaver Vicki Futrell 14 area citizens The invocation was given by Councilman Neblett. The minutes of the regular meeting of May 2, 1984, were approved as recorded. PUBLIC HEAR- Mayor Ratcliffe advised that as had been advertised in the local newspaper, ING-UDAG this was the time and place for a public hearing on the Urban Development Action Grant regarding federally funded project in the 100 year flood plain. Mr. McKeever advised that public hearing was scheduled to comply with a federal grant requirement. Whenever any federally funded project is located in the flood plain, a public hearing is necessary to hear the public to secure their perceptives concerning possible adverse impacts and possible minimization measures. No one spoke for or against this federally funded project. Mayor Ratcliffe advised this was the time and place to hold a public hearing on mobile home application of Kenneth Meadows to place a mobile home at 1026 Garner PUBLIC Avenue. HEARING Mr. McKeever stated the lot is 21,000 sq. ft. owned by Helen Meadows and MOBILE HOME APPLIC. already occupied by a single family dwelling. The lot is located in a R-2 Residen- Kenneth Meadows tial zone and is served by Town water and sewer. Mr. Meadows requested permission to place the mobile home on this lot to be near his Grandmother, Helen Meadows, for medical reasons. Mr. David Pennington, Garner Avenue, objected to trailer at this location as there is. not sufficient water pressure now and with added dwelling hook-up, there would be less water pressure. Mr. Ray Pennington, Garner Avenue, objected to place- ment of trailer due to noise they now make as four families now live in the one house, and also to the water pressure they now have. Council requested Mr. McKeever to check into the water pressure in this area. Councilman Boyd made a motion that mobile home application be denied due to property owners in the adjacent area objecting to this and also according to application, the property is not owned by the applicant, seconded by Councilperson Mitchell. Motion failed on the following recorded vote: John A. Johnston - No Pauline G. Mitchell- Aye James M. Neblett - No C. E. Boyd, Jr. - Aye Andrew L. Graham, Jr. - No Ira S. Crawford - No Alma H. Holston - No Glen K. Aust - No Councilman Johnston moved that with the conditions so stated in the applica- tion in terms of medical reasons, we approve the application for the trailer, seconded by Councilman Crawford and carried on the following recorded vote: ~6 ~~ May 15, 1984 John A. Johnston --Aye Pauline G. Mitchell- No James M. Neblett - Aye C. E. Boyd, Jr. - No PUBLIC HEAR- ING MOBILE HOME V.R. Harrell Andrew L. Graham,. Jr. - Aye Ira S. Crawford - Aye Alma H. Holston - Aye Glen K. Aust - Aye Mayor Ratcliffe advised this was the time and place to hold a public hearing on mobile home application of Mr. and Mrs. V. R. Harrell to place a mobile home at 831 Pepper Street, also known as Lots 27 and 28, section 100 on the tax maps. Mr. McKeever advised the lot is 11,590 sq. ft. and will be purchased by the Harrells upon approval. The lot is in a R-2 Residential zone and Town water and sewer are available. Objections were received for placing of this trailer by William H. Grubb, 832 Pepper Street, Avis Quesenberry, 836 Pepper Street, Edgar P. and Mary L. Carnell, 829 Pepper Street and Kenneth and Phyllis A. Blair, 706 Walnut Ave., advising it would devalue property, tend to become shabby as wit- nessed by other trailers and problems with Harrell trying to buy lot. Mr. Carnell stated he tried to buy property but it was tied up in an estate. Councilman Boyd made a motion that this request be denied based on opposi- tion as listed above, seconded by Councilperson Holston 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 - Aye Alma H. Holston - Aye Glen K. Aust - Aye In hearing the public, Mr. Richard Delp, Ms. Sarah Gallimore, and Mr. John PEDDLERS LICENSE PROPOSED ORDINANCE King addressed Council in opposition to the proposed Peddler's license Councilman Aust advised information came to Council through the Merchants Association. This ordinance is not intended for the flea market but truck loads of furniture, T.V.'s., etc. coming in and setting up by themselves. Ordinance that Town is proposing, along with County and Dublin, does not cover a flea market individually, and ordinance will not affect seller if merchandise is used. This ordinance will cover big item tickets and new merchandise.. Proposed ordi- nance will have to come before Councils of Dublin and Pulaski; and the County Board of Supervisors for their review and study, and all three ordinances will be the same. Councilman Aust further stated that committee was appointed by governing bodies to prepare a proposed ordinance and it is not intended to hurt anyone. License fees help pay for services rendered the communities. Mrs. Vicki Futrell, Director of Chamber of Commerce, advised this issue started in October, 1983, when she and the President of Downtown Merchants Council appeared before the Pulaski County Board of Supervisors. This was done 1 because of new rulings in the State Code allowing localities to increase the amoun of fees charged to itinerant merchants and peddlers. This was brought to bear because merchants had found it a problem with large ticket items, small ticket items and new items being sold. It was brought to their attention statewide by the Retail Merchants Association. They requested supervisors to contact the other two jurisdictions and they, in turn, contacted the Pulaski and Dublin Town Councils. She suggested if peddlers sit in on meeting to review proposed ordinance, that business also be allowed to sit in on meeting. Mayor Ratcliffe advised that prior to adoption of this proposed ordinance, a public hearing would be held. Ms. Brenda Collins suggested ,this be handled like a fishing license; when out of state, let them pay a higher fee. May 15, 1984 ~~~ Councilman Johnston stated he did not believe the committee was through working on this proposed ordinance with Councilman Aust advising they were through with the propo- sal and it should now be turned over to the Ordinance Committee. Councilman Neblett moved this proposed ordinance be turned over to the Ordinance Committee, seconded by Councilman Crawford and carried. STREET Mayor Ratcliffe advised that Mr. Ernest Hudson has presented him with a drawing and a REQUESTED petition requesting the building of a street running north from Dora Highway to east Main Street. This matter was referred to the Town Manager and the Engineering Department for evaluation. Mr. Hudson addressed Council with reasons for the need of this street. As there were no further comments from the public, Mayor Ratcliffe called for Council. Committee reports. UTILITIES COMMITTEE STREET LIGHTS DOWN- TOWN Chairman Johnston advised that one item the Finance Committee dealt with at their recent meeting dealt with the converting of the street lights downtown. The conversion cost of the existing 21,000 mercury vapor street lights with 50,000 high pressure sodium street lights, the yearly cost of 32 lights at $30.00/year is $6,507.20 and so moved that an additional appropriation of $6,507.20 be made to account 4104-5101, Electrical Services, from General Fund unappropriated surplus to cover the conversion cost to replace the street lights, 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. - Abstained Ira S. Crawford - Aye Alma H. Holston - Aye Glen K. Aust - Aye CONTRACT w/ COUNTY Chairman Johnston presented a second supplemental agreement between the Town and Pulaski County Public Service Authority. The 125,000 gallons coming from the Hi h School and Volvo White was a rate for that much sewage from that area. 5,000 (LANDFILL 0 I LITTER RESOL. g of the 125,000 gallons can be allocated to Bond-Cote. Contract changes rate from .98 to $1.00 per 1,000 gallon rate. After discussion by Council, contract to be corrected to show 5,000 gallons of the 50,000 gallons allowed for the High School to be allocated for Bond Cote and other businesses. Chairman Johnston also gave an update of Peppers Ferry contracts. Methods of honoring the area chess teams were discussed and Chairman Johnston moved that Councilperson Holston and Mitchell bring in recommendations and cost for honoring the area chess teams, seconded by Councilman Boyd and carried. POLLUTION AND SANITATION COMMITTEE Chairperson Mitchell advised the landfill was inspected April 27, 1984, and received an unsatisfactory rating due to the leachate entering the runoff water diversion ditches. Also, the operator was filling the southern diversion ditch with waste and not leaving the drainage ditch open. Construction debris should be worked into the fill instead of stock-piled as is being done. Chairperson Mitchell further stated that Pulaski Furni- ture should be informed that the landfill will no longer accept their flyash as of a certain date until they provide proof that it is not hazardous. Mr. McKeever advised that as of this date, response has not been received from Pulaski Furniture and if we don't, we may have to provide them with a deadline of May 31; after that date, we will not accept their flyash. Councilperson Mitchell advised the landfill should be given the highest priority for work as soon as feasible. ?'` The Litter Control Grant for the Town was presented and discussed. Mr. McKeever read resolution, and Councilperson Holston made a motion. to adopt resolution as read, seconded by Councilman Crawford, and carried on the following recorded vote: ~~ ~~ May 15, 1984 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 - Aye Alma H. Holston - Aye Glen K. Aust - Aye RESOLUTION Whereas, the Town Council of the Town of Pulaski, Virginia, recognizes the existence of a litter problem within the Town of Pulaski; and Whereas the Virginai Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs; and, Whereas, having reviewed and considered the Regulations and Applica- tion covering administration and use of said funds; BE IT RESOLVED that the Town Council of the Town of Pulaski, Virginia: Hereby encorses and supports such a program for the Town of Pulaski as is indicated in the attached Application Form LC-G-1 and Hereby authorizes the Town Manager to plan, budget, and apply for a Grant, which if approved, will be used to fund said Program and Hereby requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve said application and program, said program being in accord with the regulations governing use and expenditure of said funds. This resolution is effective upon adoption. RECREATION COMMITTEE RECREATION Chairman Neblett advised that deadline for applications for Recreation Director DIRECTOR ~,,~ould be May 18 and Personnel Committee and Chairman of Recreation Commission will meet to review applications received. Councilman Crawford made a motion that the five best applicants and all of Town of Pulaski applicants be reviewed for selection by June 5th, seconded by Councilman Boyd and carried. LAND AND BUILDING COMMITTEE Chairman Boyd had no report, however, requested an Executive Session at end of Council Meeting, on a legal and personnel matter. FINANCE COMMITTEE Chairman Graham advised the Finance Committee had met. Mr. McKeever stated we had completed the asphalting of Rt. 11 North. The original bid was approximately $49,000 and actual cost was approximately $54,000. This cost also covered some repair work on Alum Spring Road. Chairman Graham moved that an additional appropriation of $5,310.28 be made to account 4102-5407, Repair and Maintenance Supplies, from General Fund unappropriated surplus to cover the cost of paving not included in our original estimates for paving Alum Spring Road, seconded 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 - Aye James M. Neblett - Aye Alma H. Hoslton - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Graham moved that the following current bad debts for utility service be written off as uncollectable: Water Fund $1,629.73; Sewer Fund $2,894.87; and Refuse Disposal Fund $763.30 for a total fo $5,287.90. Further moved that the Treasurer is hereby directed to continue his efforts to collect all sums still due on water, sewer and refuse disposal balances due, seconded by Councilman Crawford and carried on the following recorded vote: May 15, 1984 ~~~1 John A. Johnston - Aye Andrew L. Graham,Jr. -Aye Pauline G. Mitchell- Aye Ira S. Crawford - Aye James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Graham moved that the Town Treasurer be authorized to reimburse the General Fund for actual expenditures through March, 1984 appropriated from Revenue Sharing Funds in the following amounts: Account No. Description Amount 106-7002.01 Furniture & Fixtures (Typewriter) $ 778.00 106-7002.02 Furniture & Fixtures (Typewriter) 1,000.00 106-7002.03 Furniture & Fixtures (Desk & File Cabinet) 749.95 106-7003 Communication Equipment (for Police Dept.) 5,322.64 Total $ 7,850.59 Motion seconded by Councilman Crawford 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 - Aye Alma H. Holston - Aye Glen K. Aust - Aye Chairman Graham moved that an additional appropriation of $49.95 be made to account 106-7002.03 Communication and Equipment, from Revenue Sharing unappro- priated surplus, seconded by Councilman Crawford 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 - Aye Alma H. Holston - Aye Glen K. Aust - Aye Chairman Graham moved that the following new accounts be set up and the appropriation be made for the Industrial Revitalization Grant: Account No. Description Amount 1226-3002 Professional Services $ 500.00 122b-3007 Advertising Fees 500.00 1226-580b Construction & Project Improvements 23,583.33 Total $24,583.33 Motion seconded by Councilman Neblett and carried on the following recorded vate: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Aye James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Mr. McKeever advised this is part of the Economic Stimulus Grant money that we anticipate spending between now and July 1st. Mr. McKeever advised that $4,500 had been received in grant money to purchase a micro-computer for the Police Department as a traffic safety program. Chairman Graham moved that an appropriation of $4,500 be made to account No. 3101-7014, Police Grant for purchase of a computer, seconded. 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 - Aye James M. Neblett - Aye Alma H. Hoslton - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Graham moved that a new account be set up and the appropriation of $40.00 be made to account No. 184-3012, Water Distribution - project inspection fees, for a permit fee, for the Cool Springs Grant, 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 - Aye James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye ~~vi~ May 15, 1984 STREET COMMITTEE.. Chairman Crawford had no report. ORDINANCE COMMITTEE Chairperson Holston advised the Ordinance Committee had met on May 15, 1984, and advised Council had approved the rezoning of Hercules property, and presented Ordinance as prepared by Town Attorney. Chairperson Holston made a motion that Ordinance be adopted as pre- ORDINANCE REZONE LOTS HERCULES sented 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 - Aye James M. Neblett - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye ORDINANCE TO REZONE LOTS 2, 3, 4, 5, 6, 7, 35 and 36 of BLOCK 5 OF THE T. W. KERSEY SUBDIVISION IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, May 2,.1984, at 4:00 p.m., after advertisement and notice as provided by law, the Planning Commission. of the Town of Pulaski and the Town Council of the Town of Pulaski did hold a joint public meeting on a request by Hercules, Inc. to rezone Lots 2, 3, 4, 5, 6, 7, 35 and 36 of Block 5 of the T.W. Kersey Subdivision in the Town of Pulaski, Virginia; and WHEREAS, the owner of the property, Hercules, Inc. did appear by its attorney and present evidence and arguments as to the propriety of rezoning such lots from Residence, R2 to Industrial, M1 in accordance with said adver- tisements and notices; and, members of the public did appear and voice opinions and objections as to the proposed rezoning; and, WHEREAS, the evidence showed that adjacent property of Hercules, Inc. had been zoned Industrial, Ml, for a period in excess of ten years; that at least one adjacent lot owner agreed with the rezoning request; that several area property owners, including but not limited to those across the street from the property at present or proposed to be zoned M-1, opposed the re- zoning request as adversely affecting the residential character of their property; and, that the topography of the subject property was such that it did not easily lend itself to residential use; and, 1 WHEREAS, at the conclusion of said joint hearing, the Planning Commission did adjourn to other chambers for consideration of the matter, at which meeting the public was present; and, WHEREAS, after consideration of the evidence, the said Planning Commission did report to the Town Council and recommend to the Town Council that said rezoning request be approved; and, WHEREAS, upon consideration of said recommendation and upon considera- tion of all of the evidence and arguments voiced, the Town Council did find that the proposed rezoning was consistent with the best interests of the Town and public, was consistent with the orderly and efficient use of the real property in the Town, and was consistent with the goals of the Master Plan and zoning ordinances currently in effect, and said Council did vote to rezone the subject property as requested; NOW, THEREFORE, Be it ordained by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on May 15, 1984, that the zoning classification of Lots 2,3,4,5,6,7,35 and 36 of Block 5, of the T.W. Kersey Subdivision in the Town of Pulaski, Virginia, be and hereby is changed and amended from Residential, R-2 to Industrial, M-l; and, that all this change be reflected on such maps and documents as is proper. This ordinance is effective upon its passage. Chairperson Holston further presented and read an Ordinance regarding the new 25 cigarette pack that will be marketed in Virginia beginning July 1, 1984. Tax will be 1~ per five cigarettes or 5~ per pack., Councilman Crawford made a motion that Ordinance be adopted, seconded by Councilman Boyd and carried on the following recorded vote: May 15, 1984 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 - Aye Alma H. Holston - Aye Glen K. Aust - Aye `~~~3 ORDINANCE ORDINANCE AMENDING THE AMOUNT OF TAX LEVIED ON CIGARETTE TAX THE RETAIL SALE OF CIGARETTES, CIGARS, AND OTHER TOBACCO PRODUCTS WHEREAS, the Pulaski Town Code, Article III, Section 9-14 (A at present imposes a tax on cigarettes of the rate of two cents ($.02) per each ten (10) cigarettes; and, WHEREAS, it has come to the attention of the Town Council that there is or may be a change in the manner in which cigarettes are packaged and marketed in the Commonwealth of Virginia; and WHEREAS, variations in the manufacturing of cigarettes may result in inequitable taxation depending upon the packaging method employed; NOW, THEREFORE, be it enacted by the Town Council of the Twon of Pulaski, Virginia, sitting in its regular session on the 15th day of May, 1984, that the Town Code of the Town of Pulaski, Virginia, Article III, Section 9-14 (A) be, and hereby is, amended to read: "The rate or amount of tax levied or imposed on cigarettes, shall be at the rate of two (2) mills per cigarette" as shown on the amended copy of the aforesaid section, which is attached hereto and which is hereby adopted as Article III, Section 9-14 of the Town Code of the Town of Pulaski, Virginia. This ordinance is effective upon adoption. PUBLIC SAFETY COMMITTEE Chairman Aust had no report, however, advised he would be attending "How to Make the Council the Organization that Really Runs Things" seminar on May 18 and would report back to Council on this seminar. REPORT OF TOWN ATTORNEY Mr. Terwilliger advised he had presented his first itemized bill to the Town, and if further information is needed, he will be happy to provide. Councilman Neblett made a motion that Finance Committee take a look at Town Attorney's bill, seconded by Councilperson Holston and carried.. REPORT OF TOWN MANAGER Mr. McKeever advised Council needed to schedule a public hearing to consider an application to place a mobile home at b05 Maple Street. Councilman. Neblett made a motion that public hearing be scheduled for Juen 5, 1984, at 4:00 p.m. concerning Mobile home application, seconded by Councilman Boyd and carried. Mr. McKeever stated Mrs. Beulah Baker had contacted the Town concerning four existing cemetery spaces remaining in lot 22, section A of Oakwood Cemtery that she wishes to sell. Four plots have already been used and the remaining four do not join each other, and cannot be made into a new lot. CEMETERY LOTS Councilman Graham made a motion that the Town not repurchase these lots under authority of section 6.1-26 of the Town Code, seconded by Councilman Boyd and carried. NEW FLOOD Mr. McKeever advised the flood plain maps prepared following the restudy PLAIN MAPS of Peak Creek will go into effect July 1, 1984, w ith the lower evaluations. Mr. McKeever stated that the Town offices would be closed Monday, May 28, 1984, in observance of Memorial Day. Mr. McKeever also made a request to study two legal matters in Executive Session. Councilman Boyd made a motion that Council go into Executive Session under section 2.1-344 of the Code of Virginia, for the purpose of a legal matter to ~V~/~ May 15, 1984 discuss Sales Tax and a personnel matter, seconded by Councilman Crawford and carried. Mr. McKeever advised one legal matter he wished to discuss was real estate matter and the other has reference to the Town Code. At 9:02 p.m. Council went into Executive Session. At 9:48 p.m. Council returned to Regular Session. Councilman Boyd made a motion that designated committee meet with County at set date and time, seconded by Councilman Neblett and carried. At 9:49 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilman Boyd and carried. APP D: i ~` ayor ATTEST: ~~ ~. ~~ Clerk of Council 1 I