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HomeMy WebLinkAbout10-20-81'700 7 Minutes of the regular meeting of the Pulaski Town Council held October 20, 1981, at 7:00 P. M, in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmembers: Glen K. Aust, Andrew L. Graham, Jr., Alma H: Holston, James M. Neblett, Jr., Robert M. Wallace, C. E. Boyd, Jr., John A. Johnston, Pauline G. Mitchell Also present: H. R. Coake, Town Manager Gladys R.,Dalton, Clerk Garnett S. Moore, Town Attorney Visitors: Dee Lindsey and Doug Waters with news media Stuart B. Campbell, Jr ., Attorney for Tennessee-Virginia Energy Corporation, and Mr. Flemming of said Corp. The invocation was given by Councilman Boyd. The minutes of the regular meeting of October 4, 1981 were approved as recorded. Mayor Ratcliff advised that as had been advertised in the local newspaper, this was the time and place for Council to hold a public PUBLIC HEARING GAS FRANCHISE hearing to consider bids received on the Proposal to grant a franchise for a Natural Gas Transmission and Distribution System in the Town of Pulaski, Virginia. COUNCIL ACCEPTS Mr. Stuart B. Campbell, Attorney for Tennessee-Virginia Energy BID OF TENN-VA ENERGY FOR Corporation, presented the only bid received, that of Tennessee- GAS FRANCHISE Virginia Energy Corporation and filed its bid and check to the Town. Mr. Flemming, Vice President of said Corporation, spoke briefly of the corporation's operation in the Town of Pulaski. Town Attorney Moore advised the proposal for bids had been properly advertised and as this was the only bid received, read an ordinance presented by Mr. Campbell, which appeared to be in order. Councilman Neblett moved the adoption of the ordinance presented by the Tennessee-Virginia Energy Corporation Attorney and read by Town Attorney Moore. Motion was seconded by Councilman Aust, the following vote: John A. Johnston - Aye Andrew L. Graham, Pauline G. Mitchell - Aye Glen K. Aust Robert M. Wallace - Aye Alma H. Holston C. E. Boyd, Jr. - Aye James M. Neblett, and carried on Jr. - Aye - Aye - Aye Jr. - Aye . •t . 0 AN ORDINANCE PROPOSING TO SELL AND GRANT A FRANCHISE FOR A NATURAL GAS TRANSMISSION AND DISTRIBUTION SYSTEM IN THE TOWN OF PULASKI, VIRGINIA, ANO INVITING BIDS THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: That a franchise granting permission for the construction, maintenance and operation of a natural gas transmission and distribu- NATURAL GAS tion system with all rights incident thereto, on, along, over, upon ORDINANCE GRANTING and under the streets and other public places of the said Town, subject FRANCHISE TO TENN-VA. to the conditions as hereinafter more specifically set forth, be and ENERGY the same is hereby proposed to be sold and that written bids addressed and delivered to the Mayor of said Town are hereby invited and will be received for such franchise on the 20th day of ~ October 1981, -~ at 7:00 o'clock P. M., and upon the passage of this ordinance and its approval by the Mayor of said Town, the Clerk of the Council thereof is hereby directed to cause this ordinance to be published once a week for four successive weeks in "The Southwest Times", a newspaper published in the Town of Pulaski, Virginia, prior to the said 20th day of October 1981, the cost of said advertisement to be paid by the Town of Pulaski, Virginia, which shall be reimbursed by the person or corporation to whom the grant of such franchise is finally made, if made, but the right to reject any and all bids is hereby expressly reserved by said Town. The ordinance granting said franchise proposed to be sold end for which bids will be received on the day and hour aforesaid, and if sold, proposed to be granted shall be substantially as follows: ..~:: ,.. . BE IT. ORDAINED $Y THE, COUNCIL OF THE TOWN OF PULASKI , VIRGINIA, .THAT: SECT ~Ci~ T The exclusive right and 1`ranchise is hereby grarri:ed j:o Tennessee-Virginia Energy Corporation ,,its successors and to lay, construct, extend, assigns , (hereinafter ca.l led "Grantee ",) , maintain, renew, replace and/or.. repair gas pipes and gas mains under, along and/or across any streets, avenues, roads, alleys, .lanes, parks and other public places and ways in the Town of Pulaski, Pulaski County, Virginia, and to use, and occupy said streets,~avenues, roads,, alleys, lanes, parks and other public places and ways for the purpose of therein laying; constructing, extending,'maintaining, renewing, replacing and/or repairing mains and pipes andall~appurtenances~and appendages thereto usc;d and/or useful for the transm~~ssion, distribution and/or sale of gas W'tti111 and/or through the present or future territorial limits of the lawn o. Pulaski, Pulaski .County, Virginia, such right to, continue, for. twenty (20) years from.,the date of_~ adoption of thi s Ordi nance. ~,. SECTION II All rights herein granted or authorized shall be subject t~~ and governed only by this Ordinance; provided,' however, that the To4Jl1 oi' Pulaski expressly reserves unto itself .all of its police powers to adopt: general ordinances necessary to protect the safety and welfare of ~he~ general public in relation to the rights. herein, granted not, inconsistc~~~1: ,; with the provisions of this Ordinance. ,t , SECTION III . The Grantee, subject to the approval of the Town Manager oi~ the Town of Pulaski , or such ot}>er official as may be designated by the 7owr~ Council, is authorized to make openings upon the streets,~alleys, or public -7.- _--- r I`~~ ways of said Town for the purpose of laying pipe and/or maintaining r 1 has rnuins, and in the performance of such work, shall use due care ~.,~~ci caution to prevent injuries o.• cie,mu~~es to persons anal propc~ri:y, <,,,c; s, al l properly replace and restore ai l publ i c ways and pl ~ir_c~ ; i ~~ ~~~. good condition as they were before such work was done, in a manner which shall be subject to the approval of the Town Manager of the Town of Pulaski, or such other official as may be designated by the Town Council, and within a reasonable time, and shall not unnecessarily obstruct or impede traffic on the streets, alleys and public ways of said Town of ~. Pulaski.. ,~ ~. SECTION IV. Said Grantee shall indemnify and save harmless the Town of Pulaski from any and all liability by reason of damage or injury to an,y person or persons whatsoever on account of any. work of the Grantee done: hereunder, or on account of .the negligence of the Grantee in the ins~t;aii~r~ tion, maintenance and operation of its mains and pipe lines under anG a'lang said streets, alleys and public ways; provided, however, that the Gra~~~~~ce ., s hal l have been notified i n writing of any claim against the Town o 1' Pr41 pis ki on account thereof in sufficient time to defend the same. • SECTION V Nothing contained in. this Ordinance shall in any wise be cpnstrued as prohibiting the sale of bottled or packaged gas within t: he: ' territorial limits covered by this franchise by any or all other persons qualified to engage in such bottle or package sale and distribution of gas. The sale and distribution of natural gas permitted Grantee under this. Ordinance is.confined~to the delivery of~gas through its transmission and distribution lines. ~ ' ;, , . -3- 'Jir~~~inia, or such other body upon whic;~ said S'cate may I;e~~eaFtE~r c:unl~~:r~ regulatory powers over like corporations for the purpose of securing efficiency of public service at reasonable rates from said company, its successors and assigns, in said Town of Pulaski, and the maintenance of the property and works of said company, in good order throughout the term of this franchise. SECTION VII This franchise shall be assignable by the Grantee only with the written consent of. the Town of Pulaski first obtained, but such consent. shall not be unreasonably withheld by the Town of Pulaski. ' SECTION VIII Whenever, in this Ordinance, either the Town or the Gran~t:ce is referred to, it shall be deemed to include the respective successor; or assigns of either; and all rights , privileges and obligations hc,~~~,~ ~ r. contained by or on behalf of said Town, or by or on behalf o~ said Gr~~~~,~:c~e~, shall bind and inure to the benefit of the respective successors or a:.si~)ns of said~Town or of said Grantee, whether so expressed or not. SECTION IX The Grantee to whom this right, privilege and franchise: 'is awarded shall execute a bond with good and sufficient security i n ~r'avor of the Town of Pulaski, Pulaski County, Virginia, in the sum o.' Ten Thousand Dollars ($10,000.04) , condi boned upon the proper performa~~ce of all the Grantee's obligations and agreements hereunder. , -4- SECTION X In consideration of the benefits which in the judgment o~f saki Town will accrue to it by reason of the construction and operation of said gas system and as an inducement to said company proposing to construct, maintain and operate said .system, the said Town of Pulaski hereby agrees with the said Company that no franchise or pipe line tax not now existing shall be imposed or charged against the Grantee by said Town during the life of this franchise, but said Town of Pulaski hereby expressly reserves the right of assessing or charging any other valid tax of any nature whether ad valorem or otherwise, which is now authorized or which may be hereafter authorized by the general laws of the State of Virginia. SECTION XI This ordinance must be accepted in writing by the Grantee withir~actAy. ~6o~8~a~s fromAyais da~ndrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Glen K. Ault - Aye Robert M. Wallace - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye James M. Neblett, Jr. - Aye Passed in Council this loth day of October, 1981. 8 AYES Q NOES p NOT VOTING -5- 70o s October 20, 1981 Mr. 0. P. Maxwell reported to Council on the progress of the Anti- Litter Control Program, stating that progress is being made; however, MAXWELL GIVES PROGRESS there was need for more participation by all concerned; that the Town REPORT ON ANTI-LITTER needed to enforce its ordinance relative to cleaning of vacant lots. PROGRAM & MAKES Mr. Maxwell suggested that a dumpster be placed at the landfill gate SUGGESTIONS in order that trash would be placed there over the weekends rather thab be thrown on the highway. Mayor Ratcliff called for Committee reports. UTILITIES COMMITTEE Chairman Johnston advised that the Committee met and considered several projects, but the Committee needed to get more facts and figures before a report can be made to Council. Chairman Johnston stated the Committee had asked the Engineering Department to ascertain how many would be served and if it would be JOHNSTON ASKS economically feasible to furnish water from Veteran's Hill to the Robinson FOR FEASIBILITY REPORT ON Tract area, as had been petitioned by those residents, before contacting FURNISHING WATER FROM the County officials since the area is beyond the one-mile zone. VETERAN"S HILL Councilman Aust suggested the Town should be very caref ul in obligating the Town to furnish water to areas beyond the one-mile zone, AUST SUGGESTS "GO SLOW" inasmuch as Pulaski and surrounding areas are experiencing a drought. POLICY ON FURNISHING Discussion followed as to the necessity of taking any steps at this time. WATER DUE TO DROUGHT In answer to an inquiry relative to the status of the Collins Drive sewer matter, Town Manager Coake advised that some investigation COLLINS DRIVE SEWER REPORT BYhas been made with the TV camera, but no obstruction has been found in TOWN MGR. the sewer line. Mt. Coake stated there remains one section to be TV'd which should be scheduled within the ~t few weeks. MORE TV STUDY Councilmember Mitchell moved that the Town continue with the & RESIDENTS survey of the sewer line as described by Town Manager Coake and when TO BE ADVISED the trouble is found, whatever it may be, that he write the two residents OF OUTCOME and give them a resume of what has been done, and will be done. Motion was seconded by Councilman Boyd, and carried. Carrying out the decision of Council by motions at its October 6, 1981 meeting relative to the construction of a water line by the County of Pulaski and the Pulaski County Public Service Authority under a federal grant, to the Mt. Olivet Community, Councilman Johnston presented and read a Resolution to Council. Councilman Johnston moved the 70~g October 20, 1981 adoption of the Resolution as read. Motion was seconded by Councilman Neblett, and carried on the following vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Atye Pauline G. Mitchell- Aye Glen K. Aust - Aye Robert M. Wallace -Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye James M. Neblett, Jr. - Aye RESOLUTION WHEREAS,-the County of Pulaski and the Pulaski County Service Authority are constructing a water line under a Federal Grant to supply water to the Mt. Olivet Community; and WHEREAS, the water line will connect to the Town of Pulaski water system within the Town's corporate limit, and through which the town will sell and supply water through said line to the County under a contract between the Town and County; RESOLUTION TO and FURNISH WATER TO COUNTY & PSA WHEREAS, that portion of the line within the corporate FOR MT. OLIVET limits of the Town, will belong to the Town after it is completed. COMMUNITY NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meeting in regular session on this 20th day of October, 1981, that: (1) The Council hereby authorize the Town Manager to give to the County and the Pulaski County Public Service Authority all necessary permission to go upon land owned by the Town for the purpose of constructing and completing the Mt. Olivet Water line, and to further cooperate with the County and Public Service Authority as in his judgment necessary for this project. RECREATION COMMITTEE NO REPORT No report. STREET COMMITTEE Chairman Wallace reported the Committee met on the 19th COMMITTEE and a decision was made to install a crosswalk on .~:2th Street with RECOMMENDS CROSS-WALK ON proper signs as required by the Manual of Unif orm Traffic Control 12TH STREET Devices. There will be two school crosswalk signs and two advance warning signs. The situation on Prospect Avenue will continue to be monitored. Mr. Wallace reported the Thoroughfare Committee met and reviewed a draft of the Pulaski Area Transportation Study and MEETING ON THOROUGHFARE recommended that it be ref erred to the Street Committee, .with all FOR ALL COUNCIL MEMBERS members of Council becoming familiar with the Study. Mr. Wallace & REF. TO STREET COMMITTEE moved it be referred to the Street Committee. Motion was seconded by Councilman Graham,a nd carried. October 20, 1981 LAND AND BUILDING COMMITTEE Chairman Boyd reported the Town Planning Commission had ~o l~ approved maps of the new section of Oakwood Cemetery and Pinehurst PINEHURST & OAKWOOD CEM. Cemetery, as well as the plans and subdivision of the original Pinehurst MAPS & SUBDIV. APPROVED BY Cemetery. '~PL,ANNING COMMISSION Mr. Boyd advised that the Town Planning Commission re- commended that the Council consider the organization of a Community Watch Program. He stated it had been noted the program has been effective in other areas and the crime rate had dropped. Mr. Boyd stated the Community Watch Program is a volunteer program consisting SAFETY COMM. TO REVIEW of local people in different neighborhoods, who use their own time and ORGANIZATION OF COMMUNITY cars to participate in the program. Turns are taken in keeping a WATCH PROGRAM watchf ul eye out for anything out of the ordinary, and should something occur, local authorities are notified. Also, signs are posted in the community informing the public that such a Community Watch Program is being carried out. Councilman Boyd moved that the Safety Committee review this Program, and get the Chief of police involved for his comments. Motion was seconded by Councilman Graham, and carried. Councilman Boyd moved that the first meeting of Council in MEETING DATE November, November 3rd, be moved to November 2nd at 4:00 P. M, due to the CHANGED BECAUSE OF 3rd being Election Day. Motion was seconded by Councilmember Mitchell, ELECTION DAY and carried on the following vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Glen K. Aust - Abe Robert M. Wallace - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye James M. Neblett, Jr. - Aye Councilman Boyd moved that a letter of appreciation be LETTER OF written to the Count Pulaski Celebration Day Committee. Motion was APPRECIATION TO BE WRITTEN seconded by Councilman Aust, and carried. COUNT PUL. CELEBRATION DAY COMMITTEE F INANCE COMMITTEE NO REPORT No report. ORDINANCE COMMITTEE Chairman Aust reported the Committee considered the ordinance ORDINANCE to provide for the regulation of dealers in precious metals, penalties, ON PRECIOUS METALS TO BE etc., and recommended that the ordinance be adopted. However, inasmuch ON AGENDA FOR NEXT MEETING as some members of the Council had not read the ordinance in detail, '7 0 1 1 October 20, 1981 Councilman Graham moved that the Ordinance be put on the agenda for the next meeting of Council. Motion was seconded by Councilman Boyd, and carried. POLLUTION & SANITATION COMMITTEE Mrs Holston advised that information and prices are being PRICES BEING SECURED FOR secured relative to the trash cans, and it was hoped to have a report NEW TRASH CANS by the next meeting. Mrs. Holston also noted that the landfill was recently SATISFACTORY REPORT ON inspected and received a satisfactory rating. LANDFILL SAFETY COMMITTEE COMMENDS VOL. POk,ICE Councilman Neblett commended the Volunteer Police Officers for their services to the town through the Town Police Department. MAYOR'S REPORT Mayor Ratcliffe advised that he had contacted the Senators mayor's REPORT ON SENATE BILL 898 COUNCIL RESCINDED ACTION TAKEN FOR WOMEN EMPLOYEES TO PARK ON MUN. LOT. and Congressman Wampler relative to the 898 Bill dealing with Cable TV controls; the bill did not pass the senate, and he had contacted the representatives to support the Goldwater Bill. Council decided to rescind the action taken by Town Council on Devember 7, 1971 whereby parking on the Municipal lot back of the Municipal Building was reserved for women employees only. Councilman Neblett moved that the Minutes of Town Council NEW BASIS: FIRST COME FIRST SERVED on December 7, 1971 regarding parking a~ the Municipal Building lot, ADMINISTRATIVELY be rescinded, and that parking on the lot be handled administratively by the Town Manager.. 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 - Aye Alma H. Holston - No C. E. Boyd, Jr. - Aye James M. Neblett, Jr. - Aye REPORT OF TOWN ATTORNEY The matter of changing the number of members to serve on the CHANGING N0. OF MEMBERS TO Town Planning Commission was discussed by Town Attorney Moore and the PLANNING COMM. UNDER CONSIDER- Council, and ATION AND Councilman Graham moved that it be referred to the Ordinance REF . TO ORDINANCE COMM. Committee, Town Attorney, Town Manager and Mayor Ratcliff, and bring back to Council a recommendation as to the number of members to serve, and name of those recommended for appointment. Motion was seconded by Councilman Boyd, and carried. EASEMENTS BET. Town Attorney Moore advised that easements for the sewer PUL. & FAIRLAWN INCOMPLETE line between Pulaski and Fairlwan have not been completed as this time, and October 20, 1981 Councilman Johnston moved that Archa Vaughan, Arthur R. 7012 EASEMENTS IN- Geisen, and W. W. Fanning be appointed appraisers in the securing COMPLETE, A~tAI_ SERS APPOINTED of easements for the sewer line from Pulaski to Fairlawn. Motion FOR SEWER LINE BET.PUL. & FAIRLAWN was seconded by Councilman Neblett, and carried. TOWN MANAGERS REPORT Town Manager Coake presented a list to Council of items proposed to be sold at auction on Saturday, October 24, 1981. TOWN MGR. Councilmember Holston moved that Town Manager Coake be AUTHORIZED TO HOLD AUCTION authorized to conduct an auction for the purpose of disposing of the items so listed. Motion was seconded by Councilman Neblett, and carried. John A. Johnston - Aye Andrew L. Graham, Jr, - Aye Pauline C,. Mitchell - Aye Glen K. Aust - Aye Robert M. Wallace - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye James M. Neblett, Jr, -Aye At 8:30 P. M. Councilman Graham moved that Council go into EXECUTIVE Executive Session on a legal matter. Motion was seconded by Councilman SESSION Boyd, and carried. At 8:40 P. M. Council returned to regular session, and Mayor REGULAR Ratcliff inquired if there was further business to come before the SESSION meeting. There being no further business, at 8:41 P, M. Councilman ADJOURNMENT Neblett moved that Council adjourn. Motion was seconded by Council- member Holston, and carried. APPR D. i Mayor Ratcli fe ATTEST: cz~~~~~/ Clerk of Co ncil