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HomeMy WebLinkAbout02-01-83~~ s F ebruary 1 , 1983 ~-'' ~~ Minutes of the Regular Meeting of the Pulaski Town Council held February 1, 1983, at 4:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding. Councilmembers: Pauline G. Mitchell, Earl D. Cabaniss, C. E. Boyd, Jr., Ira S. Crawf ord, Alma H. Holston, Glen K. Aust Absent: John A. Johnston, Andrew L. Graham,Jr. Also present: Garnett Moore, Town Attorney H. R. Coake, Town Manager Ruth. A. Harrell, Clerk Visitors: Pat Kirkland, Sunset Hills Ralph Grubb, Sunset Hills Dee Lindsey and George Shadroui of news media 3 Area Citizens The invocation was given by Councilman Boyd. The minutes of the Regular Meeting of January 18, 1983, and the minutes of the Public Hearing of January 27, 1983, were approved as recorded. Mr. Pat Kirkland, presented a petition to Council, stating he represen- CITIZENS ted the residents and property owners in the approved Town of Pulaski develop- PETITION SUNSET ment known as Sunset Hills, which is owned by developer C hester Barker of HILLS/ CAMPER Pulaski, VA. ST. They have proceeded according to the outlined town procedure, by first requesting the Town's Planning Commis sion to ask council to make an inquiry of its attorney to determine if the owner, Chester Barker, of said development is responsible for the upgrading of Sunset and Camper Streets to approved town standards. Council was presented a copy of the Town Planning Commission's minutes of September 30, 1982, indicating that they have on several occasions, on the residents' behalf, requested Town Council for the above stated informa- tion from the Town's Attorney, which has not been forthcoming. They have also contacted Chester Barker numerous times about the condi- tion of the street, and were told that the condition of the street would be improved within the week. To date, no action has been taken. He stated that the co-signed residents and property owners of Sunset Hills feel justified to appear before members of Council and present them with their request. They asked Council to obtain the above mentioned legal opinion to determine if Chester Barker is responsible for upgrading streets to meet the Town's development ordinance. If Council determines that Mr. Barker is not responsible, they request that the Town of Pulaski upgrade the streets to the stipulated requirements. Mayor Ratcliffe stated that Council shared their conf usion and that Mr. Moore is researching this problem. Since Mr. Moore was late arriving due to doing field work, he could not advise on this situation at this time. ~~`~~ February 1, 1983 Mr. Kirkland advised that this situation has been going on for a number of years with letters dating back to 1976 and he feels that Mr. Moore should have made a decision during this time. They have no town priviledges except for water and sewer. Mayor Ratcliffe stated that the town code called for developer to furnish the utilities and to bring streets up to standards. Legal opinion needed from Mr. Moore is us allowing building to take place bef ore the street was built; whether or not we have surrendered our position as far as our town ordinance is concerned, and he does not think we have. Mr. Kirkland was advised to negotiate with Mr. Barker if possible. Mr. Ralph Grubb, a resident of Sunset Hills, advised that this has been going on longer than seven years. Mr. Grubb has resided in Sunset Hills for 15 years. He stated that at the time the sub-division was developed, the Planning Commission had not yet been formed, but prior to the erection of any residences in the sub-division in 1967, the Planning Commission was in effect. Planning Commisstion at the time, as Mr. Grubb understands it, granted Mr. Barker exemption of paying $85,000 bond to provide streets in area. Mr. Grubb also feels that Council went along with the Planning Commiss- ion in granting him this exemption on posting bond and if Council cannot get him to put the street in that he required to do, then they, as citizens, are entitled to a street provided by the Town. Mayor Ratcliffe advised that any action taken by the Planning Commiss- ion was not binding. Council can reverse their decisions. Mr. Grubb stated that they expected action of some sort on this matter. Councilman Cabaniss made a motion to put a deadline on this to give these residents an answer. Councilman Boyd added to Councilman Cabaniss' motion that deadline of February 15, 1983, be given and that we needed to render a decision. This motion seconded by Councilperson Mitchell, and so carried. Councilman Boyd asked Mr. Coake to cover this with Mr. Moore so that the night of the 15th, at our Council Meeting, we will-have an answer. Mr. Coake stated he would inform Mr. Moore of the motion. PERSONNEL AND NOMINATING COMMITTEE UTILITIES COMMITTEE Chairman Johnston absent. POLLUTION AND SANITATION COMMITTEE Chairperson Mitchell reported that the Engineering Department submitted an operational plan for the landfill to the Health Department for their review and approval. This plan includes proposed sites for ground water and February 1, 1983 ~~~ ~~ monitoring wells and as soon as it is approved, we will need to proceed with plans for installation of these wells. The plan also includes our plans for erosion and sediment control. The erosion and sediment control pond is com- pleted and operational. Until this plan is approved and the facilities are installed, we are operating the landfill under a conditional permit and it will be necessary for us to complete the improvements by June 30, 1983. Chairperson Mitchell has the report that states that we should provide better compaction and proceed with final plans for specifications on approved erosion and sediment control program. Leachate is coming out of the fill and we should proceed with final plans and specifications on this collection. We will need to provide ground water monitoring and surface water monitoring at the site. As soon as the above is lined up, Mr. Hawley, Town Engineer, will give Councilperson Mitchell a report and this should be within the next 3-4 months. RECREATION COMMITTEE Chairman Cabaniss had no report.- LAND AND BUILDING COMMITTEE GATEWOOD Chairman.Boyd advised that the Land and Building committee had met on RESERVOIR Forest January 26, 1983, with representatives of the U.S.D.A. Forest Service concerning Service Oil & the .proposed property leases for oil and gas development in the vicinity of Gas Leases Gatewood Reservoir and would like to state that we are still concerned about the possible environmental effects this proposal may have on our raw water supply, particularly Gatewood Reservoir.. Since it appears that if an environ- mental assessment was,perf ormed at this time, the Forest Service would proceed with granting leases for oil and gas development in this area. We will not object to the proposal for the Forest Service to grant these leases, with the contingent right stipulation. It is our understanding that with this contingent right stipulation, the environmental analysis will be delayed until the leasee submits a specific proposal for a specific site and the Town of Pulaski will be afforded the opportunity to comment on the environmental analysis when it is performed. Chairman Boyd further stated the Forestry Service is wanting to lease the property in this vicinity, but with this contingent right stipulation put into it to give us an opportunity to talk with them and address this particular area, especially if they want to drill somewhere close to our water supply. Chairman Boyd also stated that if we do not go ahead and do this, the Forestry Service can do this without our "blessing", but if we act with this and request the contingent right stipulation, the Forest Service has to come back to Council once they decide to drill in this area. ~~ ~ ~~ February 1 , 1983 Councilman Crawford questioned if lease would already be let on property to whoever was going to drill for gas or oil. Mr. Coake advised that the advantage to leases with contingent right stipulation is we would be able to comment on a specific proposal for a spec- ific site which should give us a much stronger position. If we object to the proposed lease we would have to comment on the entire area to be leased. If we object now, we would force the Forest Service into doing an environmen- tal impact study and we probably would not have sufficient documentation to prevent the Forest Service from proceeding with the leases. The Forestry Service feels they cannot document significant resource damage to where they would not award 'the leases without the contingent right stipulation in it if they perf ormed the environmental analysis at this time. If they award the leases with contingent right stipulation when the leasee actually submits a proposal, at that time the Forestry Service would perf orm an environmental assessment and environmental impact statement and we could comment on any specific proposal. This includes exploration and actual drilling. Chairman Boyd made a motion that we authorize Mr. Coake to contact the Forest Service and inf orm them of our comments and we will not object to granting leases with the contingent right stipulation pertainicg to drilling oil and gas in the Gatewood Reservoir area, seconded by Council- man Aust, and carried on the following recorded vote: John A. Johnston - Absent Andrew L. Graham, Jr. -Absent 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 Chairman Boyd advised that the downtown renovation project as of 1/31/83 is 84~ complete and completion date of contract was December 31, 1982. Contractor has requested a time extension on the contract due to lost days due to bad weather. Extension was granted for 22 days and completion now is set for January 31, 1983. Mr. Coake stated that he had met with contrac- for and it is our understanding he is going to proceed to try to do some additional work, providing protection to concrete as he pours it. Addi- tional days during January that are bad weather days that they could not work and we will want to consider granting an extension based on those bad days. Mayor Ratcliffe stated contractor cannot pour concrete until we have five days above 50°. Mr. Coake advised that you have to protect concrete during curing period. Councilman Crawf ord expressed concern over downtown due to it being a hazard to pedestrians. February 1, 1983 ~~~~ Councilperson Mitchell feels contractor should start paying the $100/day penalty and that contractor should have project completed, Councilman Crawford suggested putting gravel around water meters and Mr. Coake will look into this. FINANCE COMMITTEE Chairman Graham absent, however, Councilman Boyd gave report. Finance Committee met on January 27, 1983, and moved that account 3201-7001 Machinery and Equipment in the amount of $2,200.00 and account No. 3201-7003 Communication Equipment in the amount of $3,500.00 be approved for expenditure as previously budgeted in order to purchase two (2) breathing apparatus and a telephone recording system for the Fire Department, seconded by Council- person Holston, and carried on the following recorded vote: John A. Johnston - Absent Pauline G. Mitchell - Aye Earl D. Cabaniss - Aye C. E. Boyd, Jr. - Aye Andrew L, Graha, Jr. - Absent Ira S. Crawf ord - Aye Alma H. Holston - Aye Glen K. Aust - Aye In order to correct Council Minutes of November 16, 1982, Councilman 1 Boyd moved that $597.50 previously appropriated from Sewer Fund Unappropriat- ed Surplus to Account 3201-5604 as a contribution to the Rescue Squad be appropriated from General Fund Unappropriated Surplus. Councilman Boyd also moved that $4,000.00 previously appropriated from Revenue Sharing Unappropriated Surplus to Account 106-3004 Armory Boiler and Repairs be appropriated to account No. 106-3005 a new account for Armory Boiler and repairs, seconded by Councilman Aust, and carried on the following recorded vote: John A. Johnston - Absent Pauline G. Mitchell - Aye Earl D. Cabaniss - Aye C. E. Boyd, Jr. - Aye Andrew L. Graham, Jr. - Absent Ira S . Crawford - Aye Alma H. Holston - Aye Glen K. Aust - Aye Councilman Boyd also moved that the Treasurer be authorized to reim- burse the General Fund from Revenue Sharing Fund for the following expenditures through November 30, 1982: Acct. ~~106-7005 Fire Department $213.98 Acct. ~~106-7005 Police Department 3,799.00 Acct. ~k103-7000 Sewer Plant 10,565.50 Total $14,578.48 seconded by Councilman Aust and so carried on the following recorded vote: John A. Johnston - Absent Pauline G, Mitchell - Aye Earl D. Cabaniss - Aye C. E. Boyd, Jr. - Aye Andrew L. Graham, Jr. - Absent Ira S. Crawford - Aye Alma H. Holston - Aye Glen K. Aust - Aye `~~~ ~2 PF RWTA Contract ~k2 Payment Schedule February 1, 1983 Councilman Boyd made a motion that we approve for expenditure as previously budgeted Revenue Sharing Account No. 103-7000 Regional Sewer Plant, $120,000 for the construction cost of Contract No. 2 Pulaski Force Main, Easements and Legal Expenses. Prior to approval of the additional expenditures for the remaining payment schedule, the Town must have addi- tional clarification and agreement of items outlined in the Town of Pula ~i cost for Contract No. 2, Pulaski Force Main as submitted in correspondence dated December 28, 1982, from John W. Olver on behalf of Peppers Ferry Regional Wastewater Treatment Authority to the Town. Also,: that a letter be written to the Peppers Ferry Regional Wastewater Treatment Authority informing them of this action and requesting additional clarifi- cation of items outlined in the referred to correspondence. Councilman Boyd advised this totals $120,000; the total billing is $30,000 for three months, $25,000 for four months, $20,000 for one month, $17,590.00 for one month. Motion was seconded by Councilman Aust, and carried on the following Recorded vote: John A. Johnston - Absent Andrew L. Graham, Jr. - Absent 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 STREET COMMITTEE Chairman Crawf ord had no report, however, expressed concern that tractor/trailer situation in residential areas has deteriorated. Mayor Ratcliffe advised that Mr. Moore is working on this. ORDINANCE COMMITTEE Chairperson Holston advised that Mr. Moore is working on the Procure- ment Ordinance and they have also discussed the trucks on residential streets. Mr. Moore is researching to see what legal stand we have to prohibit trucks from parking on residential streets. Mr. Moore is to bring a report to Council: Ordinance Committee has not met to study taxi cab rates, and Mr. Coake was requested to get information together to study this matter. Councilperson Holston also wanted to go on record that should she have been at last meeting, she would have noted "aye" on the Fine Arts Center Resolution. PUBLIC SAFETY COMMITTEE Chairman Aust had no report. February 1 , 1983 1 4 ,~ REPORT OF TOWN MANAGER Mr. Coake presented a Resolution appointing Gary L. Cutlip to be a member of the Retirement Committee replacing Frances H. Lookabill, retired. Councilperson Holston so moved we adopt this Resolution, seconded by Council- man Boyd, and so carried on the following recorded vote: John A. Johnston - At~sent Andrew L. Graham, Jr. - Absent 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 Gary Cutlip RESOLUTION Appointed to WHEREAS, a vacancy has occurred by retirement of a member of the Town Retire- of Pulaski Retirement Committee; and Ment Committee WHEREAS, the Council desires to appoint a member to the above mentioned Retirement Committee to serve out the unexpired term of Frances H. Lookabill, a member who retired; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meeting in regular session on the 1st day of February, 1983, that the person whose name is hereinafter set out, be, and ;he is hereby appointed member of ,the Town of Pulaski Retirement Committee, to serve in place of Frances H. Lockabill, for the term which expires upon the date set opposite his name, or until his successor is appointed and duly qualifies: T0: TOWN OF PULASKI RETIREMENT COMMITTEE Date of expiration of term Gary L. Cutlip - to be a member to replace Frances H. Lockabill retired Indefinite The Clerk of said Council is dixected to notify the above person of his appointment for indefinite term. This resolution shall become effective upon adoption. Mayor Ratcliffe stated that minutes should reflect our appreciation to Mrs. Lookabill for her past work. Councilman Boyd moved that Council go into Executive Session for the purpose of considering a legal matter, in accordance with Section 2.1-344 of the Code of Virginia, seconded by Councilman Aust, and carried. At 5:00 p.m. Council went into Executive Session. At 6:20 p.m. Council returned from Executive Session. At 6:25 p.m. Councilman Aust moved that Council adjourn. Motion was seconded by Councilperson Holston, and carried. APPROVED: 0 a c or Rat liffe ATTEST: 'V Clerk of Council