Loading...
HomeMy WebLinkAbout11-01-82~7~'~2 .Minutes of the .Regular Meeting of the Pulaski Town Council held November 1, 1982 at 4:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Raymond F. RATCLIFFE, presiding Councilmembers: C.,E. Boyd, Jr., John A. Johnston, Andrew Graham, Jr., Alma H.Holston, Ira S. Crawf ord, Glen, K. Aust, Earl D. Cabiness, Pauline G. Mitchell Also present: H. R. Coake, Town Manager Wanda Hoback, Acting Clerk of Council Garnett S. Moore, Town Attorney Visitors: Dee Lindsey and George Shadroui of News Media Vicki Futrell Bill Hickam Morris Burton Mrs. Brossy & Mr. Blackburn of the Forest Serv. One area citizen The invocation was given by Councilman Boyd. Councilman Boyd moved that Ms. Wanda Hoback be appointed acting Clerk of Council, seconded by Councilman Crawf ord, and so carried. Mayor RAtcliffe asked if there were any corrections to the minutes of the last meeting. Councilman Cabiness stated he thought there was one on the substitute motion of the elderly and the original motion vote. Councilwomen Mitchell advised Councilman Cabiness she had noted "no" both times and~the vote was recorded correctly in the minutes. Mayor Ratcliffe advised if Council was not satisfied, the action could be rescinded and voted on again. The minutes were then approved as recorded. Mayor Ratcliffe asked for the presentation by the Forest Service. Mr. Lou Brossy, District Ranger of the Wythe Ranger District, Jefferson National GATEWOOD Forest, made a presentation to the Town Council concerning the proposed oil and gas leases in the area of Gatewood Reservoir. Mr. Brossy advised Council a littleover half of the land in the water- shed area was owned by National Forest. He further advised National Forest does not own the mineral rights on all the National Forest land in the water- shed. Mr. Brossy stated a large amount of mineral rights were reserved or outstanding, which affects the ability of National Forest to govern oil and gas operations that may sometimes occur on the land Mr. Brossy reported the National Forest and the Town had agreed to manage these lands within the Gatewood Watershed for multiple use management with the primary emphasis being on watershed protection. He also reported National Forest owns 6,350 acres or 67 percent of the area in the Gatewood Reservoir. Mr. Brossy stated he had received a lease application for 4,964 of those acres and the national Forest does not own the minerals~on 605 which means that 85 or 90 percent of that area had lease offers which have not been acted on. Mr. Brossy added the reason for this was because the area was a municipal watershed. November 1, 1982 ~;)~~s? ~,• J Mr. Brossy inf ormed Council Members the National Forest could use the Contingent Right Stipulations for any leasing of land in the watershed. Mr, Brossy explained with the Contingent Right Stipulations, the National Forest could, lease the land, and delay the environmental analysis until the leasee makes a specific proposal for a specific site, They have the power to veto anything the leasee wants to do if any possible environmental damage could not be mitigated and the resource risk either elimim.ted or reasonably eliminated. Mr. Brossy asked the Council to think about leasing with Contingent Right Stipulations. fiI~ further added with the Contingent Right Stipulations, the National Forest prescribe the shaping of any earth movement. Another benefit of the Contingent Right Stipulations presented by Mr. Brossy is the leases go for a dollar an acre a year and out of that 25 percent is returned to the county for use in the roads and schools. Mr. Brossy added if ever a development is made where oil or gas is, then a percent of the royalties would go back to the county the lease is located in. Councilman Crawf ord inquired if the Forest Service was in any position to assure the Town that our water supply would not be damaged or endangered in any way. Mr, Brossy advised they could not make that promise, He further stated the laws require National Forest to consider leasing, but they have the right to recommend against leasing if they can show there's some resource that would be harmed by leasing. Mr. Brossy also added they had.not been able to find anything that would definitely be harmed. He further added the private land is still wide open for leasing with no protection for resources. A general discussion was held and Councilman Boyd suggested this be ref erred to a committee for a closer look. Councilperson Holston moved this be referred to the Land & Building Committee, seconded by Councilperson Mitchell, and so carried. Mr. Don Blackburn, also from the Forest Service, was introduced at this time. Mr. Blackburn stated the mechanism for protecting the watershed is in existence in the laws of the state and in the Federal Regulations. Me agreed with Mr, Brossy that leasing under the Contingent Right Stipulations would provide all the protection that is needed for the water. He further stated that something cold go wrong, but he was very comf ortable with Leasing in that condition. It was agreed the committee would confer with Mr. Moore and get back with them, ~~~ ~ November 1, 1982 Council then heard from Mr. Billy Hickam, who has been appointed by the Town to the Consolidation Advisory Committee. Mr. Hickam requested $1300 from the Town for its share of expenses for the Advisory Committee. The Advisory Committee is requesting $5,000 from the participating jurisdiction and based on the pro- portional amount of population, the Town of Pulaski would be responsible for 260 of $5,000 or $1300. Mr. Hickam advised these funds would be for legal or secre- tarial fees, or other assistance needed by the committee. Mr. Hickam reported the committee members are serving without pay and no funds are being requested for that purpose. Mr. Hickam advised the request is probably not the final request, but this was sufficient for the committee at this time. The Consolida- tion/Annexation/City Status Report estimates the cost of the work to be done by the Advisory Committee at $10,000. Councilman Graham moved this matter be ref erred to the Finance Committee seconded by Councilperson Holston, and so carrier. Mr. Hickam explained to Council the Advisory Committee has determined that under the existing laws if the three jurisdictions consolidate, the tax rate would be the same throughout the consolidated area. It is the feeling of the Advisory Committee that Legislation should be presented at the next session of the General Assembly to allow the consolidated area to have special tax dis- tricts. The purpose of the special tax districts would be to have different tax rates for areas depending on the services available to the area. The committee would also like to have the wording changed in the existing law to allow communites in the consolidated area to be called Townships so the present communites would not lose their identity. Mr. Hickam asked Council to support this suggestion if necessary by passing a resolution, contacting the State egislators and. the Virginia Municipal League. Mr. Hickam said this should be done bef ore January because that is when the next session of the General Assembly begins. Mr. Moore advised Council that Mr. Dow 'Owens, Pulaski County Attorney, Mr. Phil Sadler, Legal Counsel for the Advisory Committee, and he had several conversations about the proper wording of the proposed amendment and suggested they prepare a resolution in support of this request that Council could consider at the next Council Meeting. Mr. Moore further advised if the law was changed to permit special tax districts, it would be available for any area of the state and was not a commitment on our part'to use it if the law was changed to permit it. November 1 , 1982 ~I~.~iJ " Councilman Crawf ord moved that Mr. Moore, the Town Attorney, prepare the proper resolution and proposed bill to be submitted to the General Assemby authorizing special tax districts and including Townships to the list of names that communities within a consolidated government may use, 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 Earl D. Cabiness - Aye Alma H, Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Considerable discussion followed concerning the Advisory Committee and the Consolidation/Annexation/City Status Report. Motion was made by Councilman Graham that Town Council schedule a work session with the three representatives of the Advisory Committee appointed by the Town, seconded by Councilperson Holston. Following this motion, there was discussion about which members of the Advisory Committee should be invited. Councilman Boyd made a substitute motion that Council have a work session and invite all nine members of the Advisory Committee, seconded by Councilman Crawf ord . This motion was followed by additional comments about which members of the Advisory Committee should be invited. A substitute motion was made by Councilman Johnston that the Town of Pulaski schedule a work session for the purpose of studying the Consolidation/ Annexation/city Status Report and members of the Consolidation Advisory Committee would not be requested to attend the work session. The substitute 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 - Aye Earl D. Cabaniss - Aye Alma H, Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chamber of Commerce Councilman Boyd then presented part of his report on the Land & Building Lease Committee. Councilman Boyd moved to authorize the Town Manager and Town Attorney to draw up a lease for the Chamber of Commerce that would extend from January 1, 1983 to December 31, 1983 at the rate of $75 permonth, seconded by Councilman Aust and so carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham,Jr. - Aye Pauline G. Mitchell -Aye Ira S. Crawf ord - Aye Earl,D. Cabaniss - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye PERSONNEL AND NOMINATING COMMITTEE Chairman Johnston reported on the Peppers Ferry Regional Wastewater Treatment Fund Meeting he and Mayor Ratcliffe had attended. Chairman Johnston further reported at the meeting they discussed audits, grant applications, land acquisition, contracts for the outfall line and right of way easements. In some of ctr previous meetings there has been discussion concerning compensa~.ion for J ~µ9 ~ November l , 1982 the Peppers Ferry Regional Wastewater Treatment Fund authority members. Councilman Johnston advised the County of Pulaski has approved a resolution endorsing author- ity compensation; Montgomery County has approved it; Town of Dublin has approved it; the City of Radford has not approved it; the Town of Pulaski has not acted upon it. He further advised inf ormation would be presented in the future to Radf ord so they might reconsider their action on that subject. Councilman Johnston requested that Council consider the subject and maybe address some of the questions and problems they might have in terms of the compensation paid by an authority to the various members of the Regional Authority. Councilman Johnston reminded councilmembers that various authorities nearby compensate the members of those authorities. He further stated this was a critical stage of the study and the authority's. business at this point is with members having a great deal of papers and things in which they m~~st become familiar with. Councilman Aust moved the resolution be adopted, seconded by Councilman RESOLUTION Peppers Ferry W/W Treatment Authority Compensation Graham, and carried on the following recorded vote: (copy of resolution placed with minutes). BE IT RESOLVED by the Pulaski Town Council that an equitable compensation be paid to members of the Pepper's Ferry Wastewater Treatment Authority on the following basis: $150.00 per month for Chairman $125}00 per month for Secretary and Treasurer $100.00 per month for Members That such payments be made directly from the funds held by Pepper's Ferry Regional Wastewater Treatment Authority without any obligation of any of the participating political jurisdictions for such payments. BE IT FURTHER RESOLVED that this shall not become effective until approved by all participating jurisdictions. Adopted this 1st day of November, 1982, by the recorded vote of the following Council members: John A. Johnston - Aye Pauline,G. Mitchell - Aye E~r1 D. Cabaniss - Aye C. E. Boyd, Jr. - Aye Andrew L. Graham, Jr. -Aye Ira S. Crawf ord - Aye Alma H, Holston - Aye Glen K. Aust - Aye Chairman Johnston also reported the Personnel Committee has been working long and hard on possibilities of filling some vacancies in the management level He then moved that Council go into Executive Session at the end. of the Regular Session on personnel matter, seconded by Councilman Crawf ord, and so carried. POLLUTION AND SANITATION COMMITTEE Chairperson Mitchell had no report. RECREATION COMMITTEE Chairman Cabaniss reminded Council they had a three-page report included in the handout from Mr. Bane on the Recreation Department. He noted he had nothing further to add. LAND AND BUILDING COMMITTEE Chairman Boyd reminded Council he had already reported on the Chamber of Commerce and the next item for the Land & Building Committee is the Downtown November 1, 1982 4,,,, ~~ !~ Renovation Project. Councilman Boyd then asked Council to turn to the memorandum from Mr. Hawley to Mr. Coake included in the Administrative Report to get a financial update of-the downtown situation. Councilman Boyd also reported on the VML and VACD Land Use Task Force Recommendations. A copy is included in the Administrative Report. Councilman Boyd moved that Council send a letter to the VML and VACD inssupport of the recom- mendations made by the VML VACD Land Use Task Force, seconded by Councilman Aust. and so carried. FINANCE COMMITTEE Chairman Graham reported the Finance Committee has met and reviewed in- New f ormation submitted by the New River Regional Criminal Justice Training Center River Reg. concerning local support of the Training Center. The Training Center has requested Criminal Justice the Tan of Pulaski formally bill the New River Police Academy for rental of their Train. Center firing range in the amount of $200 per month. In return for the billing, the academy has requested thatthe Town increase the amount of contribution we make to the academy in the amount of $2400 toward the operates on of the academy for 1982-1983. Councilman Graham noted that basically this means we are going to bill .them $200 per: month; we are going to increase our donation $200 a month. Councilman Graham moved the Council appropriate to Account ~~3101-2013 Educational Tuition Systems from unappropriated general fund surplus in the amount of $2400, seconded by Councilman Aust, and carried on the following recorded vote: John A. Johnston - Aye Pauline G. Mitchell - Aye Earl D. Cabaniss - Aye C. E. Boyd,' Jr. - Aye Andrew L. Graham, Jr. - Aye Ira S. Crawf ord - Aye Alma H,Holston - Aye Glen K. Aust - Aye STREET COMMITTEE Chairman Crawf ord had no report. ORDINANCE COMMITTEE BRILLHEART TO ZONING APPEAL Chairperson Holston asked Garment Moore, Town Attorney, if he had the Board Ordinance ready. Mr. Moore presented the order appointing J. B. Brillheart for another term on the Zoning Appeal Board. Chairperson Holston moved the order be received and filed upon J. B. Brillheart for another term of five years on the Board of Zoning Appeals, seconded by Councilman Boyd, and so carried. Mr. Moore also presented the Ordinance on Townhouses. Councilperson TOWN- moved the Townhouse ordinance be adopted as read by Mr. .Moore, seconded by Mr. HOUSE ORD. Boyd, and. carried on the following recorded vote: John A.Johnston - Aye Andrew L. Graham, Jr. -Aye Pauline G. Mitchell - Aye Ira S. Crawf ord - Aye Earl D. Cabaniss - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye I F~ A ~ November 1, 1982 AN ORDINANCE to amend and re-enact the Zoning Ordinance of the Town of Pulaski, Virginia, by amending.certai~- sections and adding new sections, to provide for multiple attached single dwelling units designated as Townhouses or Rowhouses. BE IT ORDAINED by the Council of the Town of Pulaski, VA, meeting in Regular Session on this 1st day of November, 1982, that the Zoning Code be amended as follows: ARTICLE III - Definition$ 3-21A TOWNHOUSE OR ROWHOUSE: A single family, attached dwelling unit in a building containing no less than 3 units and not- more than 8 single dwelling units. Each unit is separated from all others by a continuous common noncombustible party wall, (iri accordance with the Virginia Statewide Unif orm Building Code) without a passage way opening, extending from basement to and or through the roof sheathing, with lots, utilities and other improve- ments being designed to permit individual and separate ownership of such lot and dwelling unit, title to which can be transferred by proper-deed of con- veyance. ARTICLE VI,i - Residential District R-2 7-1 Use Regulations 7-1-3A Single family attached dwelling units - Townhouses or Rowhouses. 7-1-9 Accessory buildings permitted as defined, however, garages or other accessory structures a~.tached to the main building shall be consi- dered part of the main building. No accessory building may be closer than five (5) feet to any'side lot line, except that this shall not apply to an alley line,or a property line between units of a Townhouse or Rowhouse development. Accessory buildings on a Townhouse unit lot shall not exceed ten (10) feet by ten (10) feet and a maximum height of twelve (12) feet. 7-2 Area Regulations. 7-2-6A Lots for Townhouses or Rowhouses served by public water and sewage disposal shall be subdivided for sale along the party walls into lots smaller and narrower than lots required for single-family dwelling residential lots. The lot arrangement, design, and shape shall be such that lots will `- satisfact~o~ry and desirable sites for buildings, be properly related TO TOPOGRAPHY, and conf orm to the requirements. of this ordinance. Lots shall not contain pecu~.iarly shaped elongations solely to provide nec- essary square footage of area which would be unusable for normal purposes. 7-2-7.1 For permitted uses utilizing either individual water or sewage disposal systems, the required area for any such use shall be approved byithe health official. The administrator may require a greater area of considered necessary by the health official. In all such cases written approval shall be obtained from the Health Department. 7-3 Setback Regulations. 7-3A Townhouse or Rowhouse Setback Regulations shall be the same as is required in R-2 zone. 7-4 Frontage Regulations •, 7-4t-1. For .Townhouse or Rowhouse the minimum width at the setback lines and at the front, and rear property line for each dwelling unit shall be sixteen (16) linear feet. However, the average width at the setback; Lines and at-,the front and rear property line for the dwelling units in each townhouse or row- house shall not be less than 18 feet. The side yards at the end lots shall not be included in the calculations of average width at the setback line and the front and rear property line. 7-5-1 Side. The minimum side yard shall be seven and one-half (7-1/2) feet, and the total width of two required side yards shall be fifteen (15) feet or more. The minimum distance between the separate townhouse or row- house construction or apartment buildings (outermost wall of outside units) located in the same development shall be at least twenty-five (25) feet. 1 November 1, 1982 / ~`~07 7-5-2 Rear. Each main building five (25) feet or more and shall not be provided for ingress and egress. shall have a rear yard of twenty- include areas for easements that may 7-6 Height Regulations. 7-6-3A Townhouses or rowhouses shall not exceed three stories in height, excluding basements. 7-8 Common Open Space If a townhouse or rowhouse consists of more than four dwelling units, a minimum of twenty (20%) percent of the gross acreage of square footage shall be provided for common open space. The land shall be of such location, condition, size and shape to be useable for recreational and common open space. This use shall not be changed without approval by the building official first obtained. 7-8-1 Mzltifamily dwelling units excluding townhouses which contain 30 dwelling units or greater shall provide an area f ox~ recreational purposes. The minimum area required shall be 10,000 square feet. This area shall be included,in and shown on the plans and be subject to approval by the Building Official.. No deviation from the plan for recreation shall be made without approval of the Building Official. 7-8-2 Common open space and recreational areas required by Section 7 - 8 and Section 7-8-1 of this ordinance shall be maintained by and be the sole responsibility of the individual unit owner(s)of the property as well as maintenance to townhouse exteriors, lawns, special lighting and drainage shall be provided. The Town of Pulaski shall not be obligated or responsible in any way to provide any of the above. 7-9 Owner's Association An approved unit owner's association together wiffi by-laws and guide lines shall be established for the orderly operation of all multi-unit townhouse structures with individually owned units and common open space or other. common facilities such as the roof; and shall provide by a binding agreement for repair and upkeep of party walls. The purpose of the association is to provide all necessary provisions for upkeep, maintenance of common areas and facilities for the operation and management of the combined units. The charter or the certificate of association of the owner's association shall comply with the terms of this^ordinance and all other applicable ordinances of the Town. The membership of such owner's association shall consist of all the individual unit owners of the Town House multiunit development. The deed for each individually .owned unit shall contain requirements that each owner will be a member of the owner's association and agrees to the association's terms and accept all responsibilities as a member of the owner's associa- tion. The owner's association shall be responsible for the development and maintenance of common areas and facilities regardless of whether such are owned by the association per se, or by the owners of each individual unit as .their fractional interest is established by the rules of the association. Common areas shall not be included in determing the area required for set-back distances, in Section 7-3. The association's by-laws and guide lines shall detail the plan for the development and maintenance of common areas and facilities and shall be submitted to the Building and Zoning Administrator either by the Owner-builder or by the association either at the time the owner submits his original plans or prior to the delivery of any deed to any unit purchaser for his approval.. When there are more than eight individual dwelling units in the same development, there shall be sub- mitted a plan showing play areas for children and/or other recreational facilities for the common area. Development of the common areas and facili- ties shall not be altered from the site plan without the written approval of the Town. ARTICLE XII - Special Provisions 12-6 Minimum Off Street Parking 12-6-1A There shall be provided two adequate permanent .parking spaces in the rear of each townhouse or rowhouse lot, or elsewhere, upon proper approval of the Town's building official. ~~~'~ November 1, 1982 This ordinance shall become effective upon passage. ADOPTED THIS lstday of November, 1982, by recorded vote of Council as follows: John A. Johnston Abe Pauline G. Mitchell, Aye Ear1;D. Cabaniss Ay_e C. E. Boyd, Jr. A~ APPROVED: Attest: Acting Clerk of Council Andrew L. Graham, Jr. Aye Ira S . , Crawf ord Alma H, Holston A~ Glen K. Aust TOWN OF PULASKI, VIRGINIA By _ .Mayor Councilmember Holston also reported the Ordinance Committee had asked Mr. Moore to look into the legal aspects of what could be done about trucks parking in residential sections. PUBLIC SAFETY COMMITTEE Chairman Aust had no report. REPORT OF TOWN MANAGER Town Manager Coake advised bids on the Highland Terrace Water Tank, which is located at the end of Highland Terrace on the Southside of Town, had been received. He added the tank is a portion of the Community Development Block Grant B79DN510022 as amended. Mr. Coake also reported bids had been received from Industrial Welding Machine, Inc., from Atkins, VA in the amount of $17,990 and Capital City Construction Corp. from Rich- mond, VA in the amount of $48,530.40. Mr. Coake advised Council the Town had worked with Industrial Welding on prevfious projects and had f oun3 their work to be satisfactory. Councilman Johnston moved Industrial Welding, Inc. be awarded this contract, seconded by Councilman Boyd, and so carried on the following recorded vote: John A. Johnston Aye Pauline G. Mitchell Aye Earl,D. Cabaniss Aye C. E. Boyd, Jr. Aye Andrew L. Graham, Jr. Aye Ira S . , Crawf ord Aye Alma H. Holston = Aye Glen K. Aust Aye Mr. Coake also reported the Free Clinic would be locating at the Health 1 ~' Department. November 1, 1982 ~~~1 At this time Councilman Crawford moved the Town Manager write a resolution to the Pulaski County High School "Cougars" for their fine job, seconded by Councilman Boyd, and so carried. At 6:25 p.m.'Council went into Executive Session. At 7:05 p.m. Council returned from Executive Session. Councilman Boyd moved Council-have a Special Meeting at 8:00 a.m. on November 3, 1982, seconded by Councilman Crawf ord, and so carried. At 7:08 p.m. on motion of Councilman Aust seconded by Councilmember Holston, and carried, Council adjourned. AT A REGULAR MEETING OF THE PULASKI TOWN COUNCIL, HELD ON THE 1ST DAY OF NOVEMBER, 1982, AT ,4:00 P.M., IN THE COUNCIL CHAMBERS, PULASKI, VA. BE IT RESOLVED BY THE Pulaski Town Council that. an equitable compensation be paid to members of the Pepper's Ferry Wastewater Treatment Authority on the following basis: $150.00 Per Month for Chairman $125.00 Per Month for Secretary and Treasurer $100.00 Per Month for Members 1 f1 That such payments be made directly from the funds held by Pepper's Ferry Regional Wastewater Treatment Authority without any obligation of any of the participating political jurisdictions for such payments. BE IT FURTHER RESOLVED .that this shall not become effective. until approved by all participating jurisdictions. Adopted this 1st day of November, 1982 by ,,the recorded vote of the following Council members: John A. Johnston Aye Pauline G. Mitchell Aye Earl D. Cabiness Aye C. E. Boyd, Jr. Aye Acting Clerk of Council Andrew L. Graham, Jr. Aye Ira S . ,Crawf ord Aye Alma H, Holston = Aye Glen K. Aust Aye ~ ~~ .Mayor.