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05-20-80
06632 Minutes of the regular meeting o the Pulaski Town Council held May 20, 1980 at 7:00 P. M, in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding. Councilmen: C. E. Boyd, Jr., William A. House, Arthur L. Meadows, James M, Neblett, Jr. John A. Johnston, Robert M. Wallace, Blair B. Brockmeyer, Andrew L. Graham, Jr. Also present: J. E. Marshall, Town Manager H. R. Coake, Assistant Town Manager Gladys R, Dalton, Clerk Garnett S. Moore, Town Attorney Roger A. Williams,Finance Director-Treasurer Visitors: Barbara English, Rick Kerns, Dave Vascek of the Media John N. Fagg, James J. Turman, Rodney Cox The invocation was given by Councilman Johnston. The minutes of the regular meeting of May 5 and Special Meeting of May 9, 1980 were approved as recorded. Mayor Ratcliffe advised a public hearing had been advertised for this meeting on the application of John N. Fagg to place a mobile home on Lot lA in the Town of Pulaski. No one appeared to speak against the application and Mayor Ratcliffe called on Town Manager Marshall for a report. TRAILER Mr, Marshall advised that Mr. Fagg proposes to place a mobile APPLICAT. home on Lot lA, adjacent to Holly Street; that the lot is occupied OF J.N.FAGG by a two-story frame dwelling and advised that the lot will have to be CONTINUED subdivided before approval of the application can be granted. Town TO NEXT Manager Marshall reported five persons contacted by the Engineering MEETING Department had no objections; one property owner objected, and 13 persons could not be contacted in person, however letters were mailed to their last known address. Town Manager Marshall stated that in light of there being some objection from property owners, and the necessity of designating the area where the trailer will be located, Council may wish to delay this until the next meeting of Council. Councilman Brockmeyer moved that the application of John N. Fagg be delayed until the next Council meeting. Motion was seconded by Councilman House, and carried. Town Manager Marshall advised that at the May Sth Council meeting a public hearing was held on the James J. Turman application to place a oss~~ May20, 1980 TRAILER APPLICATION OF JAMES TURMAN APPROVED mobile home on Baywood Street. Action by Council was withheld until the three objectors, who had asked that their names not be mentioned at the public hearing, could be contacted to determine whether they would be willing to discuss the matter with the applicant and possibly withdraw their complairt Mr. Marshall further advised that the objectors had been contacted by the Engineering Department staff and they advised they did not wish to talk with Mr. Turman and their reason for objecting to the placing of this trailer is that it would devalue their property; That the property was previously occupied by a substandard house and was not give proper maintenance. Mr. Turman stated the old house was in bad shape and was torn down. He displayed to Council pictures of a mobile home similar to the one he anticipated placing on this lot, and advised he would be willing to keep up the vacant lot next to his. Councilman Graham moved that the application of James J. Turman be approved. Motion was seconded by Councilman Brockmeyer, and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. Howe - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - No Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr.- Aye Town Manager Marshall reported that at the May 5th meeting of Council a mobile home application was submitted by Rodney A. Cox for temporary placement of a mobile home at 1040 Melburn Street. 90 DAY TRAILER The investigation disclosed that Mr. Cox had purchased the house at APPLICATION 1040 Melburn Street and wanted to part[ the trailer in the driveway APPROVED FOR and live in it while he was remodeling the house. No action was RODNEY A. COX taken by Council at the 5th meeting, and an effort had been made to locate Mr,. Cox to determine how long he would be in remodeling the house. Mr. Cox appeared at this meeting (May 20, 1980) and advised that he needs to park the self-contained trailer in the driveway while he is remodeling the house, which he expected to be at least sixty days. Councilman Graham moved that a ninety-day (until September 1, 1980) permit be granted to Rodney Cox, with the understanding he can live in the self-contained trailer after the ninety day period if more time is needed without coming back to the Council. Motion was seconded by Councilman Wallace, and carried on the following vote: May 20, 1980 06634 Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthtr L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr. - Aye Mayor Ratcliffe advised that Council would be glad to hear the public at this time. No one wished to speak, and Mayor Ratcliffe called for Committee reports. As Chairman of the Utilities Committee, Councilman Graham WINDSOR AVE. reported that the construction of the Windsor Avenue sewer line has SEWER begun. Councilman Graham stated a communication had been forwarded to the Town relative to the availability of water services on Route 11, and was discussed briefly at the last meeting of Council. Mr.Graham called on Mr. Coake for a report on this matter. Mr. Coak6advised that tests had been made in that area and it had been concluded there is sufficient pressure and volume to supply the proposed projects on the Pleasant Hill Drive water distribu- AVAILABLE • WATER TO tion system. He stated the area is served by the pump station located RT. 11 SUFFICIENT near the Pleasant Hill Drive water tank which is capable of supplying 80 gpm gallons per minute against 100 ft. of head and is served by a 5 horsepower centrifugal pump; that calculations show a flow of 47 gpm for the existing demand. Mr. Coake stated further the pro- posed Nurshing Home will create an additional demand of 17 gpm and the proposed Elderly Apartment Complex will create an additional demand of 2 gpm, or a total demand for proposed and existing of 66 gpm. Councilman Graham reported that the Committee appointed by CONTRACTURAL Council had held several meetings and it was the belief of the Committee AGREEMENT BET. PULASKI that the contractural agreement for the sewer line between the Town of & DUBLIN TO BE FINALIZED Pulaski and the Town of Dublin and the line between the Town of Dublin and the equalization basin, should be finalized. Councilman Graham moved that the Council Committee schedule a meeting with the Town of Dublin concerning the interceptor line from INTERCEPTOR LINE; the Town of Dublin to the equalization basin; that authority be given to the COUNSEL SERVICES, ETC .Committee to obtain professional advice of legal counsel and financial 0635 May Zo, 19so Co~ar-sel; and that the Town Manager be directed to work through the Pepper's Ferry Regional Wastewater Treatment Authority to ascertain if legal counsel and financial counsel assistance is grantable. Motion was seconded by Councilman Johnston, and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr. Aye Councilman Graham stated he hoped to bring a report to Council regarding the financing of the Pepper's Ferry Regional Wastewater Treatment plant at the next meeting of Council, as the Town will be needing the money for the project beginning October 1980. Councilman Brockmeyer reported that working through Mr. ~ane, PROGRESS ON progress has been made in expanding Little League baseball fields at LITTLE LEAGUE FIELDS several different schools for boys and girls. He advised there are more teams and fields at this time, and the program seems to be going well. • Reporting for the Street Committee, Chairman Bob Wallace advised the Committee recommended that the loading zone in front of MOTION ON LOADING ZONE Alex's Mens Shop be moved further down Main Street, two or three MADE & WITH- DRAWN & spaces ili front of stores that are serviced by large trucks, and so TURNED OVER TO ENGR. DEPT. & moved. Motion was seconded by Councilman Brockmayer. STREET COMM. Considerable discussion followed relative to this situation, and Councilman Wallace withdrew his motion and Mr. Brockmeyer his second. Councilman Wallace moved that the matter of moving the loading zone be turned over to the Engineering Department and Street Committee for a report to Council. Motion was seconded by Council- man Boyd, and carried. Councilman Wallace reported the street Committee met with Leroy Early and viewed the situation at Einnacle and Plant Street L. EARLY TO which is flooded during heavy storms, and it appears that a dike WORK OUT PROBLEM OF could be built to take care of this situation. Mr. Wallace stated a FLOODING AT KERSE~C BOT. letter will be written to the residents in the area to see if they DURING HEAVY RAINS will be willing to pay one-half of the cost of the dike. May 20, 1980 0~6~6 Reporting on the complaint from the Baptist Churbh on Caseknife Road relative to flooding in its basement, Councilman FLOODING IN CHURCH BASE- Wallace reported this had been viewed by Mr. Leroy Early and the Committee MENT ON CASE KNIFE RD. and this situation will be taken care of by the Public Works Department. TO BE HANDLED BY PUB. WKS. DIR. Other matters: re: Power Pole in alley along Peak Creek and policing at the McDonald parking lot, reported by Councilman Wallace, were determined to be administrative matters, and needed no Council action. Mr. Leo Ginsburg, owner of McGill Village Corporation complex, appeared before Council and advised that when the Town annexed McGill Village in 1957, the Town agreed to maintain the roads in the complex, and held that a court decree, issued later, stated the Town would be responsible for maintaining the streets. Mr. Ginsburg advised this situation has been in existance for some twenty years and some of the streets in the complex are in bad shape. He said "L Place" was in the worst shape and he would be satisfied if the Town considered a L PLACE program to repair the streets, starting with "L Place". Mr. Ginsburg DRIVEWAY AT MACGILL VILL. also offered to give the Town right-of-way on Peppers Ferry Road near REF. TO ST. COMM. FOR L Place to make Peppers Ferry Road wider. REPORT Councilman Wallace moved the matter be referred to the Street Committee and Engineering Department and bring back a report to Council within thirty days. Motion was seconded by Councilman Brockmeyer and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr. - Aye Councilman Johnston advised there was no report for the Land and Building Committee. A discussion followed relative to Complains MORE regarding Cable TV reception. Town Manager Marshall advised that he COMPLAINTS ON CABLE TV would check into this further. Councilman Neblett moved that Council hold a Budget work session on Thursday and Friday mornings, at 7:00 A. M. Motion was seconded WORK SESSION ON BUDGET by Councilman Brockmeyer, and carried. SCHEDULED ~6v~ ` May 20, 1980 Councilman House advised that the 1979-80 budget has a line APPROPRIATIONS item - Retirement Fund Contributions - in the amount of $60,000, less the sum of $4,105.00 which the Actuary, Meidinger, inc., will charge for their services and it appears an additional appropriation of $5,111.00 will be necessary. Councilman House moved that the following amounts from and to the following Accounts be appropriated: From General Fund Unappropraited Surplus to Gen.Fund Acct. ~~190-211.,12 $ 3,664.59 From Water Fund Unappropriated Surplus to Water Fund Acct. ~~188-211..12 577.54 From Sewer Fund Unappropriated Surplus to Sewer Fund Acct. ~p075-211,12 255.55 From Refuse Disposal Unappropriated Surplus to RDF Acct. ~~091-211..12 485.55 From E&S Unappropriated Surplus to E&S Account ~~222-211.12 127.77 Total of $5,111 .00 Motion was seconded by Councilman Neblett, and carried on the following vote: Andrew L. Graham, Jr. -Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett,Jr. - Aye Councilman Boyd adivsed there was no report from the Pollution & Sanitation Committee. Mr. Boyd reported that the Town`s SATISFACTORY REPORT ON landfill had been checked by the State Health Department on May 2, LANDFILL FOR MAY 1980 and the Town was given a satisfactory rating. Councilman Boyd brought to the attention of Council a recent report from Mr. Williams to the effect that the motor vehicle license POLICE DEPT. sales were approximately $2,000 shorter than should have been. Mr. TO CHECK MOTOR VEHICLES Boyd recommended that a road checked be made by the Police Department FOR TAG VIOLATIONS to see that town citizens are purchasing town tags. Councilman Boyd advised that two or three months ago Council diGcussed the fact that personal calls by town employees were being nharged to the Town. Mr. Boyd said he would like to suggest that BOYD ASKS FOR INDEPTH Town Manager Marshall contact our auditors and have an indepth audit AUDIT PERSONAL PHONE CALLS, made on Telephone Bills; Payroll Procedures; Security Procedures on ETC. the Gasoline Pumps; Supplies and Stores; and trips made by personnel out of town involving motel, meal etc. charges. Mr. Boyd stated he felt this should be done by the town's auditors. Mr. Marshall advised that the last item mentioned by Mr. Boyd is taken care of by personnel filing an expense voucher to which are attached all receipts for expenses while out of town. Mr. Boyd stated he felt a security check was needed as well as a check on procedures. May 20, 1980 06638 Councilman Meadows had no report for the Ordinance Committee, but suggested a meeting of the Committee be held. Councilman Neblett had no report for the Safety Committee, but also suggested a meeting be held. Mayor Ratcliff reported that he and Councilman Johnston met with the State Water Control Board in Richmond on May 15th and were well received. Mayor Ratcliffe stated a report as to the Town's MAYOR & JOHNSTON position for the past six or seven years, and up to May 15th, was APPEAR BEFORE STATE WATER given to the Board; the Board was advised that all documents had been CONTROL BD. IN RICHMOND prepared, signed and forwarded to the Richmond office for their review. Mayor Ratcliffe stated the Board assured them they would do everything possible to aid the Town in its endeavors. A Resolution was presented RESOLUTION and read by Town Attorney Moore relative to a funding plan for the ADOPTED RE: FUNDING PLAN Pepper's Ferry Regional Wastewater Treatment Facility. FOR PFRWWTF Councilman Neblett moved the adoption of the Resolution regarding the funding plan. Motion was seconded by Councilman Johnston, and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr. - Aye RESOLUTION WHEREAS, the Virginia State Water Control Board adopted in September, 1978, an extended priority funding plan for the Pepper's Ferry Regional Wastewater Treatment facility, Project No.C510577, which granted Step II funding in FY 1980 and Step III funding in FY 1981. WHEREAS, the proposed Peppers Ferry Regional Wastewater Treatment Facility has now been changed on the extended priority funding list proposed for public comment on May 14, 1980, for RESOLUTION construction grants to Step II funding in FY 1980 and Step III funding in FY 1982, FY 1983 and FY 1984, respectively. This FOR FUNDING priority list will be presented to the State Water Control Board on May 14, 1980 and adopted subsequently thereafter. PLAN BE IT THEREFORE RESOLVED, that the Town Council of the Town of Pulaski, does hereby agree with the recently proposed construction grant extended priority funding schedule, namely Step III construction, as pertains to the Pepper's Ferry Regional Wastewater Treatment facility, and furthermore urges the Virginia State Water Control Board to adopt this schedule which provides for funding of Step III construction in FY 1982, FY 1983 and FY 1984. 06639 May 20, 1980 Town Attorney Moore reported that a deed from the Montgomerys DEED TO WATER TANK SITE IN NEEDMORE for the water tank site in Needmore had been received, the Montgomerys RECEIVED have been paid and the deed has been recorded in the Pulaski County Clerk's Office and has been returned to the Town office for filing. In connection with the Windsor Avenue sewer line installa- tion, Town Attorney Moore presented four easements as follows: 1) From Joe B. Shumate, Jr., divorced; Jerry P. Shumate & Ruby B. Shumate, his wife, and the Estate of Joe B. Shumate, Sr. 2) From Joe B. Shumate, Jr., divorced; Jerry P. Shumate & Ruby B. Shumate, EASEMENTS his wif e; the Estate of Joe B. Shumate, Sr; and Gilmer-B. RECEIVED FOR Newman & Adelene W. Newman, his wife. SEWER LINE ON RT. 11 3) From Joe B. Shumate, Jr., divorced; Jerry P. Shumate & Ruby B. Shumate, his wife; the Estate, of Joe B. Shumate, Sr; and William T. Smith, Jr., & Dew D. Smith, his wife. AND 4) From Joe B. Shumate, Jr ., divorced; J. Gary Gloster &,Julia J. Gloster, his wif e; and Gilmer B. Newman & Adelene W. Newman, his wife. Mr. Moore advised the fifth easement from the Industrial Development Authority of the Town of Pulaski, Virginia; Hospital Corporation of America, and Bank of Virginia - Central, is in the RESOLUTION prooessof being signed. Mr. Moore filed with the Council a copy of the Deed of Easement from these parties. ADOPTED A Res©lution relative to these easements was read by Town Attorney Moore and on motion of Councilman House, seconded by Councilman Brockmeyer, and carried on the following vote, the following Resolution was adopted: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr .- Aye T?FC(IT .TTTTl1N WHEREAS, the Town Attorney has secured easements for a sewer line from property owners on whose property the line will be installed, as follows: Jerry P. Shumate and Ruby B. Shumate, his wife; Gilmer B. Newman and Adelene W. Newman, his wif e; J. Gary Gloster and Julia J. Gloster, his wif e; William T. Smith, Jr., and Dew Smith, his wife; Industrial Development Authority of the Town of Pulaski, Virginia, Hospital Corporation of America, and Bank of Virginia - Central, Trustee, to the Town of Pulaski, by terms of which the Town agrees to install an 8-inch sewer line, repair and maintain same, and to give the property owners connections onto the line free of costs to the owners; and 1 May 20, 1980 06640 WHEREAS, the easements are granted by five separate deeds of easement; four of the easements executed by all the property owners are before the Council. on this date ready to be approved and executed by~the officials directed by this Resolution. The fifth deed of easement from the Industrial Development Authority, Hospital Corporation of American and the Bank of Virginig - Central, Trustee, has not been received, but the terms thereof are shown by a copy of the deed for review by the Council. NOW, THEREFOR, BE IT RESOLVED by the Council of the Town of Pulaski, meeting in regular session on this 20th day of May, 1980, that: The deeds of easement from the above nemed property owners conveying to the Town easements for the construction of an 8-inch sewer, line, this day filed with the Council, be and they are hereby, approved. EASEMENT BE IT FURTHER RESOLVED that Raymond F. Ratcliff, Mayor,shall for and on the part of the Town, execute the four deeds of easement which have been completed and executed by the necessary property owners and RESOLUTION Gladys R. Dalton, its Clerk, shall attest same; and That the Mayor, Raymond F. Ratcliff, is further authorized to ADOPTED execute for and on the part of the Town the deed of easement from the Industrial Development Authority of the Town of Pulaski, et als, when the attorney for the Town receives same, properly executed, and Gladys R. Dalton, its Clerk, shall attest same. That the deeds when fully executed by all parties shall be recorded by the Attorney for the Town in the Clerk's Office of the Circuit Court of Pulaski County, Virginia. It is further directed that the Town Manager express to the property owners by appropriate letter the Town+s appreciation for the splendid cooperation. Councilman Boyd reported that the Town's ordinance indicates Memorial Day shall be observed on May 30th; however, this year May the MEMORIAL DAY ON 26th is being celebrated as Memorial Day, and believed the Town should 26TH observe Memorial Day on May the 26th. Councilman Graham moved that the Town of Pulaski observe Memorial Day on May 26th. Motion was seconded by Councilman Boyd, and carried. To comply with the legal requirements concerning the date for holding a public hearing by Council on the upcoming budget, Council- PUBLIC HEARING ON PROPOSED man House moved that a synopsis and Notice of Public Hearing to be held by the BUDGET Town Council on June 17, 1980, at 7:00 P. M. be placed in the local newspaper on June 8, 1980. Motion was seconded by Councilman Neblett, and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr- Aye '0~6~1 May 20, 1980 Town Manager Marshall repmrted a meeting had been held recently with Mrs. Helen Wyatt, members of the Sunset Garden Club and Town Engineering staff to select a better location of the pro- posed Entrance Sign on Route 11. It was agreed a better location would be approximately 200 feet sou h bf Pleasant Hill Drive intersection. The Town is in the process of contacting these ENTRANCE SIGN property owners for easements, and due to other proposed con- ON RT. 11 DELAYED & IF SUNSET struction in that area, there may be some delay in getting the CLUB NOT SATISFIED, entrance sign project started before the June lst deadline set by RETURN MONEY TO THEM Council. It was the opinion of Council that work be started on this project as soon as possible, after contacting the Garden Club, but if they are not satisfied return the money to the Club. Town Manager Marshall advised that the firm of Gilmer, VARIANCE Sadler, Ingram, Sutherland and Hutton had applied to the Board of Zoning Appeals for a variance to Section 12=6-12 and 12-6-14 REQUESTED BY of the Town's Zoning Ordinance dealing with the number of parking LAW FIRM TO ZONING CODE spaces required per square foot of office spac e, and th at the RE:PARKING SPACES NEC. Board of Zoning Appeals met and considered the request. A letter DOWNTOWN PROF. BUILDING from Chairman Engene L. Nuckols, of the Town's Board of Zoning & COUNCIL Appeals, directed to the Mayor and Members of the Town Council, REFERRED- SAME TO PLANNING had been received in which it was stated that the Board unanimously COMMISSION voted to recommend to Town Council a review of Section 12-6 of the Town's Zoning Ordinance for possible revision. Councilman Graham moved that the entire Section of the Town's Zoning Ordinance dealing with parking should be referred to the Town Planning Commission for study and report to the Town Council. Motion was seconded by Councilman House, and carried on the follow- ing vote: Andrew L. Graham, Jr. - Aye Willl.am A. House - Aye Blair B. Brookmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jx. - Aye f~6642 May 20, 1980 At 9:25 P. M. Councilman Johnston moved that Council go into EXECUTIVE executive session on a personnel matter. Motion was seconded by SESSION Councilman Neblett, and carried. At 10:00 P. M. Councilman House moved, seconded by Councilman Graham, that Council return to regular session. Motion carried. At 10:01 P. M. Mayor Ratcliffe declared Council to again be in regular session, and inquired if there was further business to come before the Council. There being none, at 10:02 P. M. Councilman ADJOURNED House moved, seconded by Councilman Meadows, that Council adjourn. Motion was carried. APPROVED: yor a tc if ATTEST: ~~ ,--y ~ `~' ~ Clerk of the Council L'