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HomeMy WebLinkAbout06-16-81689 8 Minutes of the regular meeting of the Pulaski Town Council held June 16, 1981 at 7:00 P. M. in the Council Chambers in the Municipal' Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmembers: John A. Johnston, C. E. Boyd, Jr., Glen K. Aust, Andrew,L. Graham, Jr., James M. Neblett, Jr., Alma H. Holston, Pauline G. Mitchell Absent: Councilman Robert M. Wallace Also present: H. R. ,Coake, Town Manager Gladys R. Dalton, Clerk Garnett S. Moore, Town Attorney Roger A. Williams, Treasurer Visitors: Doug Watars and Mike Williams of News Media Roy Rives - Hercules, Inc. & Attorney Randy Eley Betty Scott and Mary Sue Miles Steger The invocation was given by Councilman Johnston. The minutes of June 2, 1981 were approved as recorded. Mayor Ratcliff advised this was the time and place for Council to hold a public hearing, as had been advertised in the local Southwest Times, on the request of Hercules, Incorporated, that a certain PUBLIC HEARING RE:CLOSING portion of Vine Street be closed, and that Council would be glad to OF VINE ST. hear any one who wished to speak either for or against the proposal. As there was no one present who wished to speak against the closing of that portion of Vine Street, Randy Eley, Attorney for Hercules, Inc- orporated, advised he anticipated no opposition inasmuch as Hercules, NO OPPOSITION Inc. is the owner of property all around Vine Street. Town Attorney Moore presented copy of the Instructions to Viewers, and Viewer's Report, and advised that the Viewers, after being properly sworn, went upon the property to view same, and returned and reported INSTRUCTIONS that the closing of ;that pportion of Vine Street lying between the TO VIEWERS & VIEWERS REPORT boundaries of Lots 8-9-10-11 of the T. W. Kersey Subdivision and real RECD & FILED estate owned by Hercules, Inc., would cause no inconvenience to any person or to the public. Counci.lrnan Graham moved that the Instructions to the Viewers and the Viewer's Report, signed by James R. Glenn, Warren J. Bain and Daniel C. Bell, be received and filed. Motion was seconded by Council- man Aust, and carried. 689 9 June 16, 1981 INSTRUCTIONS TO VIEWERS RE: TOWN OF PULASKI, VIRGINIA Vacation and abandonment of aportion of Vine Street lying between the boundaries of Lots 8-9-10-11 of the T. W. Kersey Subdivision and property of Hercules, Inc. Convening of the duly appointed Viewers for said Town at 9:00 o'clock A. M. on the 12th day of June, 1981. PRESENT: 1. James R. Glenn 2. Warren J. Bain 3. Daniel C. Bell INSTRUCTIONS TO Viewers are hereby instructed by the said Town Attorney as follows: VIEWERS (1) That your appointment was made by the said Town under authority granted in Title 15.1-364 of the Code of Virginia of 1950, as amended, and any and all other general powers granted said Town. (2) That as viewers appointed by said Town, you are instructed to view the portion of Vine Street described as follows: That portion of Vine Street which lies between Lots 8-9-10-11 of the T. W. Kersey Subdivision and the lands of Hercules, Inc., the Petitioner. (3) You shall determine by-your view and your evalua- tion thereof whether or not any inconvenience would be caused by the closing of the portion of Vine Street described above, and, if any, what inconvenience would result and to whom, by abandoning snd vacating the said portion of Vine Street as a part of the system of public ways of the Town of Pulaski, Virginia. (4) To report in writing your findings as above instructed in this matter to the Council of the Town of Pulaski, Virginia. This report is to be filed as soon as concenient after you have viewed the proposed portion of Vine Street to be closed, abandoned and vacated, and after your evaluation thereof from your view, and from such other facts you determine to be pertinent thereto. Given under my hand this 12th day of June, 1981. /s/ GARNETT S. MOORE Attorney for the Town of Pulaski, Virginia 0 690 0 June 16, 1981. REPORT OF VIEWERS RE: TOWN OF PULASKI, VIRGINIA Vacation and abandonment of that portion of Vine Street in the Town of Pulaski lying between Lots 8-9-10-11 in the T. W. Kersey Subdivision and the boundaries of real estate owned by Petitioners. PETITIONERS: Hercules, Inc. VIEWERS REPORT We the undersigned viewers duly appointed by Resolution of the Town of Pulaski, Virginia, adopted on the 5th day of May, 1981, convened in the Office of the Town Attorney at 9:00 A. M. on the 12th day of June, 1981, and at the time were given written instructions by the Attorney for said Town of Pulaski, Virginia, upon our duties as viewers, the original of the instructions being herewith attached as a part of these proceedings. After reading the instructions, the undersigned personally visited the location described in the of orementioned Resolution and instructions, and agree that the closing of that portion of Vine Street lying between the boundaries of Lots 8-9-10-11 of the T. W. Kersey Subdivision and real estate owned by the Petitioners will not cause any inconvenience to any person or to the public. Given under our hands thos 12th day of June, 1981. 1 / s / JAMES R . GLENN /s/ WARREN K. BAIN /s/ DANIEL C. BELL Town Attorney Moore presented and read to Council an Ordinance to close and vacate a portion of Vine Street lying between Lots 8-9-10-11 in the T. W.-_Kersey Subdivision and the property of Hercules, Incorporated. Councilman Johnston moved the adoption of the Ordinance closing that portion of Vine Street as set out in the ordinance. Motion was seconded by Councilman Boyd, and carried on the following vote: 0 John A. Johnston - Aye Andrew L. Graham, Jr ., - Aye Pauline G. Mitchell - Aye Glen K, Aust - Aye Robert M. Wallace - Absent Alma H. Holston - Aye C. E. Boyd, Jr. - Aye James M. Neblett, Jr. - Aye ADOPTION OF ORDINANCE AN ORDINANCE TO CLOS E AND VACATE A PORTION OF VINE CIASING VINE STREET LYING BETWEEN LOTS 8-9-10-11 in the T. W. JERSEY ST. SUBDIVISION AND THE PROPERTY OF HERCULES, INC. WHEREAS, Hercules, Inc., filed its petition on the 19th day of May, 1981, with the Council of the Town of Pulaski, Virginia, after posting notice in at least three places in said Town, on the 24th day of April, 1981, as required by law, which posting was at least ten days prior to the filing of said petition, requesting the Town to vacate and abandon a portion of Vine Street lying within the Town and set out and described in the petition; and, x901 June 16, 1981 WHEREAS, upon filing of the aforesaid petition, the Council did appoint Daniel C. Bell, Curtis C. Jordan, O'Dell Mayberry as viewers, and J. R. Glenn and Warren J. Bain as Alternate, pursuant to Section 15.1-364 of the Code of Virginia of 1950, as amended and set a Public Hearing on the closing for 7:00 P M. on June 16, 1981; WHEREAS, subsequent thereto, all the landowners who would be aff exted by the vacation of a petition of Vine Street lying between Lots 8-9-10-11 of T. W. Kersey Subdivision were notified of the filing of said petition and of,the Public Hearing thereon set for 7;-- P. M. on the 16th of >Jnne, 1981, in the Town Office of Pulaski, Virginia, said notice being delivered to the landowners and also by proper publication in the Southwest Times, a local newspaper, on the 29th day of May, 1981 and Sth day of June, 1981; and, WHEREAS, on the 16th day of June, 1981, at 7:00 P, M. the Public Hearing was held pursuant to the aforesaid notice on whether the portion of Vine Street described in the Petition should be vacated and abandoned as a public street, and upon the ORDINANCE viewers report dated the 12th day of June., 1981, and filed, stating that in their opinion no inconvenience would result from the abandonment and discontinuance of the portion of Vine Street CONTINUED lying between Lots 8-9-10-11 in the T. W. Kersey Subdivision and property of Hercules, Inc., and no one appearing at the Public Hearing opposed to the closing and vacating; and, WHEREAS the Council of the Town of Pulaski, Virginia, is of the opinion and so finds that there are no objections to the closing of the portion of Vine Street and no inconvenience would result from the closing of the said street as requested in the petition and as described below; and that all requirements of law have been complied with; NOW, THEREFORE, B E IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in regular session at 7:00 P,M, on the 16th day of June, 1981, that--the portion of Vine Street lying beteen Lots 8-9-10-11 in the T. W. Kersey Subdivision and property of Hercules, Inc. and more particularly described as follows: The portion cE Vine Street which lies between Lots 8-9-10-11 of the T. W. Kersey Subdivision and the lands of Hercules, Inc., the Petitioner. BE, and the same is hereby CLOSED and VACATED as a public street within the Town of Pulaski, Virginia, subject to any existing easements for use by the Town or otrher public corporation for existing utilities located thereon or for use in the future for public facilities. BE IT FURTHER ORDAINED that the Town Manager cause to be recorded in the Deed Books of the County of Pulaski, Vir ginia, located in the Clerk's Office of said County, a certified copy of this ordinance,. and to take any and all other steps necessary to properly place on record the said ordinance. BE IT FURTHER ORDAINED that the of oresaid viewers, be paid the sum of TWENYY Dollars each, and that all the cost involved in the vacating of the aforesaid street be paid by the Petitioner. WHEREUPON, this ordinance is hereby adopted on the 16th day of June, 1981, by recorded vote of council. 6902 June 16, 1981 Mayor Ratcliff advised. that Council would hear the public at this time. Betty Scott, who lives on Lexington Avenue, stated she represented several residents in that area, who have been vandalized - having had their tires slashed, rocks and eggs thrown at their houses, and that her dog had been cut with a knife, Ms. Scott advised that people in that area are afraid to leave their homes and cars because these vandals, estimated to be between nine and sizteen years of age - seem determined to VANDALISM destroy property and when the Police are called by some residents, they ON DORA HIGHWAY & hide from the Police crusing the area and then return to do more damage LEXINGTON AVENUE after the police car has left. She suggested that the Police Department HEARD & REF. TO have officers police the area on foot. TOWN MGR. Ms. Steger advised that her mother is 91 and lives on Dora Highway near Lexington Avenue and is having the same trouble. Fences have been torn down and residents have also been forced to listen to abusive language. Both women asked that something be done to stop this situation. Councilman Boyd moved that this complaint of vandalism be referred to Town Manager Coake to get with the Chief of Police and report back to the Council as to the situation. Motion was seconded by Councilman Neblett, and carried. Mayor Ratcliff called for Committee reports. UTILITIES COMMITTEE: Chairman Johnston reported the Utility Committee met recently and reviei~ed a request made by Jeff Bain and George Galloway that a water line be extended on Route 611, outside the corporate limits, for future development of their property. Councilman Johnston advised that TOWN ATTY. TO PREPARE AGREE- some study has been made and it was the recommendation of the Committee MENT FOR BAIN & GALLOWAY that the Town extend a 12" water line to their property and Town Attorney FOR WATER LINE TO PROPERTY Moore be directed to prepare an agreement whereby Mr. Bain and Mr.Galloway ON RT. 611 would be liable for the entire cost of the extension of the 12" water line. Councilman Johnston moved that the recommendation of the Utilities Committee be approved by Council. Motion was seconded by Councilman Boyd, and carried on the following vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Glen K. Aust - Aye Robert M. Wallace - Absent Alma H. Holston - Aye C. E. Boyd, Jr. - Aye James M. Neblett, Jr. - Aye .690 3 June 16, 1981 Councilman Johnston advised the Committee had discussed ADV. FOR BIDS ON COMPLETION OF I & I STUDY the grant to finish the I & I Study, and it is now necessary to advertise for bids on the property in the Flood Plain area that were not included in the original contract. Chairman Johnston also reported the Pepper's Ferry Authority is proceeding to do some engineering work, over one-half has been EASEMENTS ARE done - approximately 15,000 feet of completed surveys - as of todate. BEING SECURED FOR PEPPERS FRY. Letters have been written to the property owners along the way asking LINES permission for easements, about 65, and are now waiting on a reply from these letters. There was discussion following Councilman Graham°s statement that he opposed the Town of Pulaski investing any funds in the GRAHAM OPPOSES FUNDING OF line between Pulaski and the Town of Dublin until Council has been LINE BET. PULASKI & TOWN OF DUBLIN advised of the details and plans. UNTIL DETAILS ARE KNOWN RECREATION COMMITTEE NO REPORT Chairman Mitchell had no report. LAND & BUILDING COMMITTEE Chairman Boyd advised there was no report from the Land REPORT ON CONSOLIDATION and Building Committee. Councilman Boyd reported the Consolidation Committee did not meet as scheduled because of previous appointments of some members, but the meeting had been rescheduled for seven o"clock on June 24th. Mr. Boyd advised that he was called to look at a situation at Bond Cote of Virginia on Burgis Avenue recently which involved heavy smoke. He was advised a petition was presented to the Town i(`~ AIR POLLUTION AT BOND COTE 1977 concerning these conditions, and asked Town Manager Coake to look. REF . TO TOWN MANAGER into the situation.;Councilman Boyd then moved that the condition at Bond Eote be ref erred to the Pollution and Sanitation Committee, and the proper parties notified. Motion was seconded by Councilman ,T.ohnston, and carried. FINANCE COMMITTEE Chairman Graham reported the Committee met and considered several financial matters, one being the bad debts write-off procedure 1 June 16, 1981 8 9 ~ 4 which was recommended last year by the Auditors and so carried out. He advised these water, sewer and refuse disposal accounts are written off, but the office is continually making efforts to collect these accounts. The Committee made the following recommendations: And the following motions were made: Councilman Graham moved that the following bad debts be written-off as uncollectable: Water Fund $731.00 BAD ACCOUNTS Sewer Fund $543.65 WRITTEN OFF Refuse Disposal Fund $491.36 Total of $1,766.01 Motion was seconded by Councilmember Holston, and carried on the John A. Johnston - Aye Andrew L. Graham, Jr. following vote: Pauline G. Mitchell -Aye Glen K. Aust Robert M, Wallace - Absent Alma H. Holston C. E. Boyd, Jr. ~ Aye James M. Neblett, Jr. - Aye - Aye - Aye -Aye Councilman Graham advised that payments for Engineering fees to The Sewer Regional Plant have been budgeted from Revenue Sharing Funds,. APPROVE ENGR. FEE TO and moved that the expenditure of $12,855.00, as previously budgeted REGIONAL PLANT IN AMT. OF from Revenue Sharing Fund Account ~~408.0 - Sewer Regional Plant - be $12,855. approved. Motion was seconded by Councilman Neblett, and carried on the following vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell -Aye Glen K. Ault - Aye Robert M. Wallace - Absent Alma H. Holston - Aye C. E. Boyd, Jr. - Aye James M. Neblett, Jr. - Aye Chairman Graham reported the town's total liability this year APPROVE on Retirement payments for past and future service on 12 year payback $17,590. FOR RETIREMENT basis, is $72,02800, according to Meidinger & Associates, and the PAYMENT; BUDGET ESTIM. budget estimates were $17,590.00 too low, and the following appropriations T00 LOW are necessary. Mr. Graham moved that: a) $14,203.28 be appropriated to account ~k190-211.12 - Retirement from General Fund Unappropriated Surplus; b) $1,702.80 be appropriated to .account ~~188-211.T2 Retirement from Water Fund Unappropriated Surplus; APPROPRIATED AS c) $381.12 be appropriated to account ~~075-211.12 Retirement FOLLOWS--------- from Sewer Fund Unappropriated Surplus; d) $40.56 be appropriated to account X221-211.12 Retirement from Equipment & Stores Unappropriated Surplus; e) $1,262.24 be appropriated to account ~~091-211.12 Retirement from Refuse Disposal Unappropriated Surplus, TOTAL of $17,590.00 Motion was seconded by Councilmember Holston, and carried on the following Vote: fi90 5 June 16, 1981 John A. Johnston Pauline G. Mitchell Robert M. Wallace C . E . Boyd , Jr . - Aye Andrew L. Graham, Jr. - Aye - Aye Glen K. Aust - Aye - Absent Alma H. Holston - Aye - Aye James M. Neblett, Jr. - Aye Councilman Boyd suggested that a ceiling be placed on cost-of- living increases to Town retirees for the next year, and moved that a SUGGESTS CEILING TO BE study be made on the increases in retirement benefits based on the PLACED ON COST- OF-LIVING Consumer Price Index that occur automatically; and that this be INCREASES TO RETIREES & ref erred to the Personnel and Retirement Committee for report and STUDY TO BE MADE recommendation. Motion was seconded by Councilman Graham, and carried on the following vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell -Aye Glen K, Aust - Aye Robert M. Wallace -Absent Alma H.,Holston - Aye C. E. Boyd, Jr., - Aye James M. Neblett, Jr. -Aye ORDINANCE COMMITTEE NO REPORT Chairman Aust had no report for the Ordinance Committee. PWRSONNEL - NO MINATING COMMITTEE Chairman Neblett advised that Forest Haley has declined to serve on the Parking Authority Committee; however, William "Bill" APPOINTMENTS Scott at Grand Piano Company has indicated he would like to serve TO BE MADE on this Committee, and suggested that he be named to the Committee. ON COUNCIL Further, that William D. MacGill, Jr., whose term expires COMMITTEES April 13, 1981 on the Industrial Development Authority, has agreed to & TOWN serve another four year term; that Ruth S. Bushong has resigned ATTORNEY from serving on the Recreation Committee, and ask that Carl Newsom TO PREPARE be appointed to fill her unexpired term. RESOLUTION Councilman Neblett moved that the Town Attorney be directed to prepare the proper Resolution making these appointments. Motion was seconded by Councilman Graham, and carried. Mayor Ratcliff read a Resolution regarding the retirement of FRANK R.HOBACK Frank R. Hoback, who retired on June 16,,1981. Councilman Boyd RETIRES & RESOLUTION moved the adoption of the Resolution, as read.- Motion was seconded ADOPTED BY COUNCIL by Councilman Aust, and carried on the following vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Glen K. Aust - Aye Robert M. Wallace - Absent Alma H. Holston - Aye C. E.~oyd Jr. - Aye James M. Neblett, Jr. -Aye Mayor Raymond F. Ratcliff - Aye June 16, 1981 R RCY1T iTTTf1TT WHEREAS, Frank R. Hoback became an employee of the Town of Pulaski in the Sign Department on July 21, 1954, and con- tinued in that Department until June 16, 1981, WHEREAS, during all the many years of service, Mr. Hoback provided very loyal and useful service, often over and above his normal duty hours; and, WHEREAS, the unselfish service rendered by Mr. Hoback has been an inspiration to all that have known and worked with him, but he has now found it to be in his best interest to retire. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE FRANK R, TOWN OF PULASKI, VIRGINIA meeting in regular session on June 16, HOBACK 1981, wishes to publically recognize Mr. Hoback's lasting con- RESOLUTION tributions to the people of the Town and hereby thanks him for his many years of service and kindnesses by which so many have known him and wishes for him much happiness and many leisure hours during his retirement, BE IT FURTHER RESOLVED that a copy of this Resolution be recorded as part of the minutes of this meeting, and that the original thereof be delivered to Mr. Hoback. TOWN MANAGER Town Manager Coake advised that the Pla nning Commission will schedule a public hearing for July 6, 1981 on the request of Hercules, 6946 planning Incorporated to rezone from R-2 to M-1 a parcel of land owned by COMMISSION TO HOLD Hercules, Inc, that lies adjacent to Vine Street, Bluff Street and the HEARING ON REZONING present property of Hercules, Inc, which is zoned M-1, and that Council FOR HERCULES,INC should schedule its public hearing on this request for July 7, 1981. Councilman Neblett moved that a public hearing be scheduled COUNCIL for 4:00 P. M. on July 7, 1981 for Council to hear the public on the SCHEDULES PUB. HEARING rezoning request of Hercules, Inc. Motion was seconded by Council- HERCULES REZONING man Boyd, and carried. At 8:20 P. M, Councilman Neblett moved that Council go into EXECUTIVE Executive Session on a legal and personnel matter. Motion was seconded SESSION by Councilman Boyd, and carried. At 9:02 P. M. Council r~turnod to Regular S®~~ion, and there being no further business to come before the Council, Councilman ADJOURNMENT Neblett moved, seconded by Councilmember Mitchell, that Council adjourn at 9:04 P. M. Motion carried. APPROV ~" ..„~' ATTEST: Mayor atclif Clerk of/the Council