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HomeMy WebLinkAbout03-05-85I(JU CORRECTION TO MIN. OF FEB. 19 PUBLIC HEARING PROPOSED ORDINANCE NUISANCES RESOLUTION EASEMENT PEPPERS FERRY March 5, 1985 Minutes of the Regular Meeting of .the Pulaski Town Council held March 5, 1985, at 4:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, C. E. Boyd, Jr., James R. Neighbors, Ira S. Crawford, 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 Lindsey and Eric Randall of .the news media Alan Groseclose Vicki Futrell The invocation was given by Councilman Johnston. In the .minutes of the regular meeting of February 19, 1985, regarding the matter of Mathews Court, Mr. Terwilliger advised the following statement had been omitted and should be included in the minutes. "Citizens were advised that they might have individual remedies and that no legal advice was being given to them, however, the Town Council would try to look into the matter". Councilman Crawford so moved that minutes of February 19, 1985, be amended as stated, seconded by Councilman Glenn and carried. Minutes of February 19, 1985, were approved after correction. Mayor Ratcliffed advised that now was the time and place to hold a public hearing on the proposed ordinance to amend Section 17, Nuisances, of the Town Code. No one from public spoke for or against this proposed ordinance. Councilman Boyd made a motion that Town Attorney prepare a cover ordinance and bring back to next Council Meeting, seconded by Councilman Aust and carried. Mr. Alan Groseclose addressed Council, as their Attorney, in regard to the acquisition of right of way for the Peppers Ferry project. He presented resolution to acquire easement by condemnation of property owned by Milton C. Clark. Councilman Neblett made a motion to adopt resolution as presented, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Aye RESOLUTION WHEREAS, the Town of Pulaski, Virginia, a Municipal Corporation, and a member of the Peppers Ferry Regional Wastewater Treatment Authority, is constructing and will maintain an outfall sewer line from the Town of Pulaski to the Fairlawn lagoon which crosses a certain property near the Town of Dublin, Virginia, owned by Milton C. Clark; and WHEREAS, the Town finds it necessary to acquire either by purchase, gift or condemnation a construction and a permanent easement over the aforementioned parcels of property through which the sewer line will be constructed as hereasfter described. Said easements will be used for the outfall sewer line which is a necessary and integral part of the Peppers Ferry Regional Wastewater Treatment Plant's sewage collection and treatment facility for the Town of Pulaski; and WHEREAS, in connection with the said sewer project, the Town has caused to be made by Arthur Giesen and Archa Vaughan, two competent appraisers, an appraisal of the fair market value for the easements necessary for the sewer line and an evaluation of the damages, if any, to the remaining lands of the landowners; and 1 March 5, 1985 r~ (J1 WHEREAS, the. Town has informed Milton C. Clark, the sole known landowner of the appraised value and damages, if any, and has confirmed the appraisal figure 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 made a bona fide effort to acquire the necessary easements, but has been ineffectual in such acquisition because of the refusal of Milton C. Clark to convey said easement; and WHEREAS, the Town deems 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 5th day of March, 1985, that: (1) The Town, in consideration of the premises, does hereby declare that 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; that its efforts to acquire said easement have been ineffectual in that the owner refuses to sign an Easement Agreement; and that by reason thereof, the Town now deems it necessary to acquire said easements by condemnation; (2) Said easemens, owners, and offer are described more particularly as follows: Landowner: Milton C. Clark Appraisal offer, including damages, if any: $208.75 Easement widths: 30 ft. construction 20 ft. permanent Description of centerline of the permanent easement: , BEGINNING at a point labeled Station 303 + 45, said point being located opposite the corner of land of Charles R. Austin; thence from said point North 73° 09' 17" East 167.00 feet to a point labeled Station 305 + 12. The easement for this property is shown on plan Number L 2727 D 87A as prepared by Draper-Aden Associates, Inc. (3) Alan D. Groseclose, acting as the. attorney for said Town, is hereby authorized and directed to obtain by purchase or condemnation, the aforesaid easements; said attorney is further authorized and directed to file a certificate of taking, pay into Court the appraised price for the necessary easements, 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. (4) The Mayor and Clerk are directed to certify this resolution or other records as may be necessary. (5) 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 said attorney for the Town the sum of $208.75, 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 him by the Court together with any necessary costs which are required in carrying on the proceedings. This resolution ,adopted this 5th day of March, 1985, by recorded vote of Council. Mrs. Vicki Futrell, Executive Director of the Chamber of Commerce, addressed Council giving the economic advantages and statistics for the PULASKI BRAVES Pulaski Braves Baseball Team to be located in the Town of Pulaski. She further encouraged Council to approve the moving of the right field back at Calfee Park in order to encourage the Pulaski Braves to commit for an additional four years. Recreation Committee Chairman Neighbors advised the Pulaski Braves have asked for three things from the Town for Calfee Park,and they will commit `7'~2 PULASKI BRAVES CONT. I CALFEE PARK I PEPPERS FERRY WATER TREATMENT PLANT I CEMETERY TRUST BEAUTIFI- cation COMMITTEE March 5, 1985 for an additional four years. These are: 1) we move right field back in order to meet the requirements of the league, 2) we have additional seating behind home plate, and 3) we fix a leak in the club house. These items were reviewed in the Recreation Committee meeting held February 25, 1985. Mr. McKeever had suggested we do the right field this year. Monies expended by the Braves Team was also discussed in the meeting. Chairman Neighbors advised that Mr. Hart is checking to see if repairs, lighting, etc. are grant eligible. Additional seating behind home plate will probably be accomplished next year. Chairman Neighbors moved that $13,500 be appropriated to Recreation account number 7104-7011, Improvement Other than buildings, from General Fund Unappropriated Surplus for labor and materials involved in moving fence back and approve for expenditure, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Mayor Ratcliffe expressed appreciation to Mrs. Futrell for her efforts in helping the Town. As there were no further comments from the public, Mayor Ratcliffe called for Council Committee reports. UTILITIES. COMMITTEE Chairman Johnston advised that Peppers Ferry Authority had met and were trying to come up with the official statement in regard to bonds and agreement of trust. The Authority came up with subordinate financing (similar to interim financing), the ability of the Authority to make a short term loan to help the various localities while the money is coming back from the government. The Town will have to pay some interest cost for the use of this money. The Preliminary Official Statement was reviewed by Council and discussed at length. Comments on this Statement were to be received by Wednesday, March 6, at 5:00 p.m. Chairman Johnston advised the Utilities Committee Chairman had met with Fina nce Committee Chairman, Town Manager, Mayor and Town Engineer to review engineering proposals from engineering firms for water treatment plant expansion. Five firms were selected for interviews to review their proposals. Our water treatment plant on occasion has operated at 70~ capacity. POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report, however, asked for plans on Main Street for dust and dirt control. Mr. McKeever advised that in warm weather, flusher would be .used twice a week. PERSONNEL, PUBLIC RELATIONS & NOMINATING COMMITTEE Chairman Neblett advised that Mr. W. L. Tate's term on Cemetery Trust Fund expires March 1, 1985, and has declined to serve another term. Mr. James W. Robertson has expressedhis willingness to serve on the Cemetery Trust Fund. Chairman Neblett further advised that term of Vicki Futrell expires, and she has consented to serve another term. We presently have an unexpired term of one year and Mr. W. T. Smith, Jr., 1205 Windsor Ave., has agreedto serve on the Beautification Committee to fill this vacancy. Ruth Nuckols' term expires also on March 1, 1985, but we have been unable to get in touch with her. Chairman Neblett requested a resolution covering these appointments to the March 5, 1985 ~~iJ~ Beautification Committee, and .the Cemetery Trust Fund. ORDINANCE COMMITTEE In the absence of Chairperson Copenhaver, Councilman Neblett advised the Ordinance Committee had met on February 26, 198.5. The weed ordinance WEED was reviewed and committee agreed on a height of 24 inches of weeds. Between ORDINANCE Ma 1st and October lst, weeds Y growing and trash lying on any parcel shall constitute a public nuisance, therefore, it shall be unlawful to cause or allow a public nuisance with respect to any parcel. Between May 15th and June 15th and between August lst and September 1st of each year, every owner of real estate shall cut obnoxious weeds.. From the time property owner is .notified to cut weeds, they have 14 days to accomplish this. The Town can go on property to mow, at property owner's request, and this would be billed to them. PUBLIC Councilman Neblett made a motion to hold a public hearing on the proposed HEARING ordinance covering Weed and Trash Abatement on April 2, 1985, at 4:00 p.m., SCHED. seconded by Councilman Boyd and carried. The committee also discussed satellite dishes. The American Planning SATELLITE Association has written a report recommending that they be considered as DISHES accessory building and in our zoning ordinance, an accessory building is a subordinate building on the property. No accessory building can be closer than five feet to any property boundary. A building permit now is required for a satellite dish. The committee will continue to discuss this in the future. Mr. McKeever is to check to see if building permits are currently being issued for installation of satellite dishes. Guidelines should be established and included in ordinance regarding the satellite dishes. Committee will continue to discuss this subject. FIRE Committee also reviewed the fire lane ordinance and its present wording. LANE The ordinance should be worded "leaving a vehicle parked in a fire lane" which ORDINANCE will give the Police Department more substance when they issue tickets. The committee in agreement to change ordinance, removing the word attended. Mr. Terwilliger advised that we want to have an exception for people who leave a licensed driver there to move the vehicle. The present ordinance, as now written, a child could be in vehicle and it is attended even though it cannot be moved by the child. The courts have been saying that the word attended in ordinance means anybody, whether they can move the vehicle or not. Mr. Terwilliger to bring change in ordinance to next Council meeting. LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd advised committee met on February 25, 1985, and discussed EASE- a request for an easement by Charles and Frances Gore. This request is for MENT REQ. a 12' easement extending across Town property from Route 11 at the top of Draper's Mountain with approximate distance from Route Tl to the property line of 900 feet. This land is to be purchased from Mr. Oakley Killen, three acres, and will be used for wood cutting purposes only. Chairman Boyd advised the committee did not find any problem in granting this easement. Chairman Boyd made a motion that the proper advertisement be made to request this easement and public hearing be set for April 16, 1985, at 7:00 g.m., seconded by Councilman Glenn and carried. CHAMBER Chairman Boyd advised the Chamber of Commerce has requested permission OF to install a dry wall and a door in their office at an estimated cost of $100 COMMERCE in materials and $100 in labor. This wall is requested to provide a private ~~ March 5, 1985 office for the Director of the Chamber of Commerce. Chairman Boyd moved that the Town install a wall and door with cost of materials and labor $200, seconded by Councilman Crawford and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Boyd advised the Planning Commission Chairman has sent Mr. Fred PLANNING Jackson a letter asking him to appear at the March 11th meeting of the Planning COMMISSION Commission concerning matters in Mathews Court area and a report will be made at the next meeting. RECREATION AND PARKS COMMITTEE Chairman Neighbors advised the committee had reviewed the proposed rules, GATEWOOD regulations and fee charges for the 1985 season at Gatewood Park. PARK At present, we have 21 boats, 3 motors, 3 batteries, 6 life jackets and no oars at Gatewood Bids have been taken for 10 motors, 10 batteries, 50 oars and 60 life jackets.CMT was the low bidder at $3,165.60. The low battery bidder was Harkrader Sporting Goods at $58.00 per battery, however, Sears has the same battery on sale for $48.00. Total cost for all equipment would be $3,645.60. Chairman Neighbors moved that $3,645.60 be appropriated to revenue sharing account number 106-7001.04, machinery and equipment, Recreation, from revenue sharing unappropriated surplus for purchase of motors, oars, batteries and life jackets at Gatewood and approve for expenditure, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Aye GATEWOOD Council discussed the rules, regulations and fee charges at Gatewood and PARK also that live bait could be used. April 1st in the opening date at Gatewood. Chairman Neighbors made a motion that we adopt the proposed rules, regulations and fee charges for 1985, seconded by Councilman Neblett and earried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Absent C. E. Boyd, Jr. - Aye -Glen K. Aust - Aye FINANCE COMMITTEE Chairman Crawford had no report. PUBLIC SAFETY COMMITTEE Chairman Aust had no report, however, advised the audit of the Volunteer Fire Department had been distributed to Council for informational purposes. REPORT OF TOWN ATTORNEY Mr. Terwilliger requested an Executive Session under 2.1-344 (A6). REPORT OF TOWN MANAGER Mr. McKeever advised that clean-up week begins April 22, 1985. ALLEY LEASE REQUEST He further stated we had a petition signed by members of the Original March 5, 1985 r}ry~~ of God (( ~~ Church /of requesting the lease of an alley joining property of their Church. HISTORICAL DISTRICT GRANT J Councilman Boyd made a motion this request be referred to the Lands and Building Committee for further review, seconded by Councilman Glenn and carried. Mr. McKeever advised that we were seeking a historical district designation in dowdfown area. The first step of this is to apply for what is known as a survey grant. Survey would be made of downtown area and this submitted to the Historical Commission to see whether we were eligible for a historical designation of downtown area. Mr. McKeever stated we would like to proceed with application for historic survey grant. The Commission will fund 50~ of our actual cost to do the survey. Application for survey grant would have to be completed by March 15 and the actual survey would have to be completed by August 31. Councilman Neblett so moved to take the necessary steps to make application, Mr. '.McKeever will submit application on March 15th and bring in actual cost to next meeting of Council on March 19th and decision then made as to participation. Motion seconded by Councilman Boyd and so carried. Mr. McKeever also requested an Executive Session on a legal matter 2.1- 344 (6) and a real estate matter. Mayor Ratcliffe requested an update on Commerce Street Sewer project with Mr. McKeever advising that the contractor has requested an extension to the date that they want to begin, and they were advised to put this request in writing. As of this date, this request has not been received. Councilman Neblett made a motion that Council go into Executive Session, [1 seconded by Councilman Neighbors and carried. At 6:02 p.m., Council went into Executive Session. At 6:40 p.m., Council returned to Regular Session. Councilman Neblett made a motion to adjourn, seconded by Councilman Boyd and carried. APPROVED: ~i~ / Mayor Attest: _p / ~},~ Clerk of Council