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HomeMy WebLinkAbout02-15-834 ~ ~ February 15, 1983 Minutes of the Regular Meeting of the Pulaski Town Council held February 15, 1983, at 7:00 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, C. E. Boyd, Jr. Andrew,L. Graham, Ira S. Crawf ord, Alma H. Holston, Glen K. Aust Absent: Earl D. Cabaniss Also present: Garnett Moore, Town Attorney H. R. C oake, Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and George Shadroui of the news media Pat Kirkland, Sunset Hills Ralph Grubb, Sunset Hills Tom Deaderick, Collins Drive Warren Vaughan, Collins Drive N. E. Saunders, Collins Drive 4 area citizens The invocation was given by Councilman Aust. The minutes of the Regul~ meeting of February 1, 1983, were approved as recorded. Mayor Ratcliffe welcom~lrepresentatives of Camper Street and asked if SUNSET HILLS Mr. Moore had a report for them. Mr. Moore requested an Executive. Session for the purpose of discussing legal matters, in accordance with Section 2.1 344 of the Code of Virginia, so .moved by Councilperson Holston, seconded CAMPER ST. by Councilman Boyd,_and carried. RESPONSIBILITY At 7:05 p.m. Council went into Executive Session. BRING STREETS I UP TO STANDARD At 7:40 p.m. Council returned .from Executive Session to Regular Session. Mayor Ratcliffe stated that the concerns of these residents were shared by .Council and a course of action has been recommended. Mr. Moore advised that there two questions involved: 1) who is responsi- ble for bringing the streets in the approved portion of Sunset Hills Sub- Division up to standards in compliance with the Sub-.Division Ordinance, and 2) request that the Town do it under certain circumstances. In answer to the second portion, the decision whether to open and improve a particular street is a matter within the legislative discretion of the governing body of the municipality; in this case, the Town of Pulaski. Municipality decisions cannot be attacked in the courts unless someone can prove fraud or colusion, which is doubtful. When the sub-division map was recorded, the streets were dedicated as public streets and at that time they afforded easement for use by the owners of the lot adjacent thereto. Title of such streets, alley or easements as shown on the map are vested in the Town. However, the Town government must still formally act to accept as a part of the street system the Town dedicated street. The Town had no 0 1 LJ February 15, 1983 ~~ q lawful responsibility or obligation to consider the acceptance or (~ improvement to Camper Avenue or Sunset Street until they are brought up to the specification of the sub-division ordinance. The Town is not lawfully required to do any of these things. Pertaining to question one, Mr. Moore had researched the minutes that were available, and certain other documents in the Clerk's Office,. and found that Mr, Barker has the ultimate responsibility to bring up the streets to the proper standard under the ordinance. When the certificate of sub-division and the map were put on record, the Planning Commission waived any bond, but they failed to set any date when this would be done. Mr, Moore further stated that Mr. Barker stated it was his understanding when this was done, that he was to bring the streets up to ordinance specification as he sold lots. As it now stands, Mr. Barker has an obligation, but in Mr. Moore's opinion, he is not in violation of the ordinance at this time because no date was set. Councilman Johnston so moved that the Town Manager, by letter,.. direct the ~i Planning Commission to call a special meeting, give Mr. C. W, Barker written notice of the time, place and date of the meeting, the issue to be discussed and decision to be made, and to advise Mr. Barker not to sell anymore lots prior to a decision on street improvements; have the Deputy Sheriff serve the notice.on Mr. Barker and make his return on the notice showing service. The Town Manager will direct the Planning Commission to decide if a time table was set in 1966, and if not, to establish one, either by agreement with Mr, Barker or by the Planning Commission establishing .one, and direct Mr. Barker to complete improvements by the date set, reduce any agreement reached or action taken by the Planning Commission to writing, and have all parties sign it, Motion was seconded by Councilman Aust and carried on the following recorded vote: John A, Johnston - Aye Pauline G. Mitchell- Aye Earl D. Cabaniss - Absent C. E. Boyd, Jr. - Aye Andrew L, Graham, Jr. - Aye Ira S, Crawf ord - Aye Alma H. Holston - Aye Glen K. Aust - Aye Messrs, Tom Deaderick and Warren Vaughan of Collins Drive addressed Council with the complaint of a trucking company (working out of a residence) parking tractors on the street thereby blocking highway, and that maintenance work is done on these parked tractors. These trucks are not parked on the street of the trucking company owner, but parked on Collins Drive, COLLINS DR, Mr. N, E, Saunders advised that he considered this a safety hazard as TRUCKS PARKING tractors were parked on a grade, not chocked, and front wheels were not cut to ON ST . the curb. He also stated these trucks were unregistered, Councilperson Holston stated that the Ordinance Committee is working on this and Mr. Moore is looking into the legal aspects of this matter. Councilman Aust stated that we had really not gone to the ..source of the I ~'~~ February 15, 1983 of the problem and so moved that the Town Manager go and talk-with this gentle- man:who owns the trucks and report back to Council at the next meeting, seconded by Councilman Boyd and so carried. UTILITIES COMMITTEE Chairman Johnston had no Utility Report, however, he has spent. a lot of time and effort working on Town's interest in terms of Peppers-Ferry Auth- ority and our contracts with the authority, He is in receipt of some recent figures from Engineers which will allow us to study a little bit more the relationship of exactly where the Town is and they hope to talk with the County very soon in terms of what their interests are in terms of specific plans and areas of service that they intend to pursue. Once we get-some answers from them and study some cost figures, we might be in a position to make some recommendations to Council. At present time, they are working almost on a daily basis trying to come up with some solutions to help the County and work with them anyway they can. POLLUTION AND SANITATION COMMITTEE. Chairperson Mitchell had no report, however, requested an Executive Session for the purpose of discussing a personnel matter, in accordance with Section 2.1-344 of the Code of Virginia. RECREATION COMMITTEE Chairman Cabaniss absent. LAND AND BUILDING COMMITTEE Chairman Boyd had no report, however, he stated that since January 1, I consolidation committee 1983, the Police Department has been charging a $2.00 charge to fill out an accident report. Mr. Coake is to look into this charge, FINANCE COMMITTEE Chairman Graham had no report, but reported that the Consolidation Committee has requested $2,600 toward expenses of the Committee, 1 .Councilman Johnston questioned if Council was in receipt of .any official information from the Consolidation Committee, with Mayor Ratcliffe .stating he thought the plan was for the Consolidation Committee to prepare a Con- solidation Contract. STREET COMMITTEE Chairman Crawf ord had no report, however, he asked for an update on our Downtown project. N February 15, 1983 ~~, 1 Mr. Coake advised that contractor had not been able to work since last Council Meeting due to inclement weather. Councilman Aust questioned if Mr. Coake had additional inf ormation on lights, with Mr. Coake advising that he had .talked with Appalachian, trying to get the same agreement for installation as other, lights already put in, i:e. wires under- .ground, without an additional charge. Appalachian has advised they will not be able to do this. Mr. Coake also advised that stone had been placed around the water meters on Main Street. ORDINANCE COMMITTEE Chairperson Holston asked Mr. Moore if he had any Ordinances or Resolutions 1 ready for Council.. Mr. Moore advised he had been working with Mr. ,Coake on the Purchasing Agreement. Mr. Coake also stated that he was working on having a Purchasing Ordinance along with a Purchasing Manual that would be a companion to the Purchasing Ordinance, that would set out the details of the Purchasing procedures. Councilperson Holston called an Ordinance Committee meeting for 5:00 p.m. on February 24, to discuss and work on the Purchasing Ordinance and also-the taxi cab rates. PUBLIC SAFETY COMMITTEE Chairman Aust had no report, but stated after reviewing the activity report of the Police Department for the month of January, he could not find where parking tickets had been put on the monthly report. Mr. Coake is to check on this matter.. REPORT OF TOWN MANAGER Mr. Coake advised that there was no activity of the Board of .Zoning Appeals for the past year. Mr. Coake also stated that the Town Office will be closed on Monday, Feb- ruary 21, 1983, in observance of Washington's Birthday. _ Councilperson Mitchell that Council go into Executive Session for a personnel matter in accordance with Section 2.1-344 of the Code of Virginia, seconded by Councilman Boyd and carried. At 8:40 p.m. Council went into Executive Session• At 9:00 p.m. Council returned from Executive Session. At 9:02 p.m. Councilman Aust moved that Council adjourn. Motion was seconded by Councilperson Holston and carried. ATTEST i ;~ _.~. ~~ r,_ Clerk of Council APPROVED: ~ , or atclif'fe