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HomeMy WebLinkAbout06-03-80Of 643 Minutes of the regular meeting of the Pulaski Town Council held June 3, 1980 at 4:00 P. M, in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding. Councilmen: Andrew L. Graham, Jr., Blair B. Brockmeyer, Robert M. Wallace, William A. House, C. E. Boyd, Jr., James M. Neblett, Jr., John A. Johnston, Arthur L. Meadows Also present: J. E. Marshall, Town Manager H. R. Coake, Asst. Town Manager Gladys R. Dalton, Clerk Garnett S, Moore. Town Attorney Rcg er A. Williams, Treasurer Visitors: Jane Graham, Rick Herns, Barbara English and Dave Vascek of the media Councilwoman-elect Alma H. Holston The invocation was given by Councilman Neblett. The minutes of the regular meetinf of May 20, 1980 were approved as recorded. As had been advertised in the local newspaper (The South- west Times), Council held a public hearing on the petition of Calvin A. Roseberry, et als, for the closing of an alley on PUBLIC HEARING Thirteenth Street (13th) in the Montcliar Addition. No one was RE:CLOSING ALLEY 13TH ST. present to speak either for or against the closing of this alley, and Town Attorney Moore advised that the Petition of C. A. Roseberry, t, and others, to the Town Council had been previously received and filed by the Council along with the Notice of Application to the Council to close and vacate said alley.- Mr. Moore also stated Council had adopted a Resolution naming Viewers and Alternates, to view said alley and determine whether or not any inconvenience would be caused by the closing of the alley. Town Attorney Moore presented to Council the "Instructions to INSTRUCTIONS TO VIEWERS & Viewers" and the "Viewer's Report", which Report indicated the VIEWERS REPORT FILED viewers were of the opinion that the closing of the alley lying between the boundaries of the two parcels of real estate owned by the Petitioners would not cause any inconvenience to any one. Both reports were received and filed, as follows: INSTRUCTIONS TO VIEWERS RE: TOWN OF PULASKI, VIRGINIA Vacation and abandonment of an alley located between the boundaries of two parcels of real estate, Lots 33 and 35 in Montclair Addition to the Town, owndd by Petitioners. June 3, 1980 Convening on the duly appointed Viewers for said Town at 11:30 o'clock A. M. on the 2nd day of June, 1980. PRESENT: as follows: 1. James R. Glenn 2. Warren J. Bain 3. Curtis C . .Tordan Viewers are hereby instructed by the said Town Attorney (1) That your appointment was made by the said Town under authoritu 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 alley described as follows: BEGINNING at a point in the north boundary line of Thirteenth Street (13th) North, in the Town of Pulaski, at a common corner with the southeast INSTRUCTION corner of Lot No. 35, Sec. B, as shown on the TO VIEWERS Revised Map of Montclair Addition to the Town,&sid lot owned by petitioners Roseberry; thence with the east line of the Roseberry property North 2 deg. 00" East 135.05 feet to the south boundary line of a 10-foot alley; thence therewith South 88 degs. 00" East 10 feet to the northwest corner of Lot No. 33, South 2 degs. 00" West 135.05 feet to the north line of Thirteenth Street; thence therewith North 88 degs. 00" West 10 feet to the point of Beginning. (3) You shall determine by yotr view and your evaluation thereof whether or not any inconvenience would be caused by the closing of the alley described above and, if any, what inconvenience would result and to whom by abandoning and vacating the said alley 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 convenient after you have viewed the proposed portion of said avenue 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 2nd day of June, 1980. /S/ GARNETT S. MOORE Attorney for the Town of Pulaski, Virginia OsS44 06S4i) June 3, 1980 REPORT OF VIEWERS Re: TOWN OF PULASKI, VIRGINIA Vacation and abandonment of an alley between lots 33 and 35 in the Montclair Addition to the Town and lying between the boundaries of two parcels of real estate owned by Petitioners. PETITIONERS: Janie H. Hancock, Calvin A. Roseberry and Irene H. Roseberry We the undersigned viewers duly appointed by Resolution of the Town of Pulaski, Virginia, adopted on the 5th day of May,. 1980, convened in the Office of the Town Attorney at 11:30 A. M., on the 2nd day of June, 1980, 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 inst-' ruction$ being herewith attached as a part of these proceedinsg. REPORT OF After reading the instructions, the undersigned personally visited the location described in the aforementioned Reso- lution and instructions,, and agree that the closing of the alley VIEWERS lying between the boundaries of the two parcels of real estate owned by the Petitioners will not cause any inconvenience to any one. Given under our hands this 2nd day of June, 1980. /S? JAMES R . GLENN WARREN J. BAIN CURTIS C. JORDAN Town Attorney Moore presented and read to Council an Ordinance to close and vacate an alley lying between Lots 33 and 35 in Montclair Addition from 13th Street to an alley parallel to 13th Street, as petitioned by C. A. Roseberry, et als. Councilman ORDINANCE Neblett moved that the ordinance to close and vacate an alley ADOPTED TO CLOSE lying between Lots 33 and 35 in Montclair Addition from 13th ALLEY RE: Street to an alley parallel to 13th Street be adopted. Motion 13TH ST. was seconded by Councilman House, 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 AN ORDINANCE to close and vacate an alley lying between Lots 33 and 35 in Montclair Addition from 13th Street to an alley parallel to 13th Street WHEREAS, Janie H. Hancock, Calvin A. Roseberry and Irene H. Roseberry, filed their petition on the 5th day of May, 1980, with the Council of the Town of Pulaski, Virginia, after posting notice in at Least three places in said Town, on the 22nd day of April, 1980, 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 an alley set out and described in the petition;;and June 3, 1980 0664- WHEREAS, upon filing of the aforesaid petition, the Council did appoint Dan 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 4 P. M. on June 3rd, 1980. WHEREAS, subsequent thereto, all the landowners who would be affected by the vacation of the alley lying between Lots 33 and 35 in Montclair Addition from 13th Street were notified of the filing of said petition and of the Public Hearing thereon set for the 3rd of June, 1980, in the Town Office of Pulaski, Vir ginia, said notice being delivered to the landowners and also by proper publication in the Southwest Times, a local newspaper, on the 16th and 23rd day of May, 1980; and WHEREAS, on the 3rd day of June, .1980, the Public Hearing was held pursuant to the aforesaid notice on whether the ten foot alley described in the Petition should be vacated and abandoned as a public alley, and upon the viewers' report dated the 2nd day of June, 1980, and filed, stating that in their opinion no in- convenience would result from the abandonment and discontinuance of the alley between Lots 33 and 35 in the Montclair Addition of the ORDINANCE Town of Pulaski, and no one appearing at the Public Hearing opposed to the closing and vacating; and CLOSING. 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 alley and no inconvenience would result from the closing of the said alley as requested in the petition and as ALLEY RE: described below; and that all requirements of law have been complied with; NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, that the allwy lying between Lots 33 and 35 in the Montclair Addition to the Town and more particularly 13~H STREET described as follows: BEGINNING at a point in the north boundary line of Thirteenth Street (13th) North, in the Town of Pulaski, at a common corner with the southeast corner of Lot No. 35, Sec. B, as shown on the Revised Map of Montclair Addition to the Town, said lot owned by petitioners Roseberry; thence with the east line of the Roseberry property North 2 degs 00' East 135.05 feet to the south boundary line of a 10-foot alley; thence therewith South 88 degs. 00' East 10 feet to the northwest corner of Lot No. 33, South 2 degs. 00' West 135.05 feet to the north line of Thirteenth Street; thence therewith North 88 degs. 00' West LO feet to tl~e point of Beginning. BE, and the same is hereby closed and vacated as a public alley in the Town of Pulaski, Virginia, subject to any existing easements for use by the Town for existing utilities located thereon or for use in the future for. public utilities. BE IT FURTHER ORDAINED that the Town Manager cause to be recorded in the Deed Books of the County of Pulaski, Virginia, located in the Clerk's Office of said County, a copy of this ordinance, and to take any and all other steps necessary to properly place on the record the said ordinance. BE IT FURTHER ORDAINED that the aforesaid viewers, be paid the sum of Ten Dollars ($10.00) each, and that all the costs involved in the vacating of the aforesaid street be paid by the petitioner. ~664~ June 3, 1980 Mayor Ratcliffe called for Committee reports. Councilman Graham reported the Utilities Committee had met and discussed financial arrangements on the interceptor line from Dublin to the equalization basin; however, no firm plans were made, UTILITY COMM. but it was hoped. that a report could be made on this to Council at DISCUSS LINE FR. DUBLIN TO its next meeting. Mr. Graham stated several methods of payment EQUALIZATION BASIN -NO FIRM were discussed, but no final plans had been m3 de at this time. COMMITMENTS Mr. Graham stated it had not been determined whether both legal and financial assistance would be fundable, and this would involve some procedures to be taken through the Regional group, but these were not definite at this time. Town Manager Marshall reported that pursuant to the Water Contract between the County of Pulaski and the Town of Pulaski, dated February 20, 1973, and more specifically to Section (7) (a) of said Contract, a letter had been prepared, copies of which had been furnished WATER CONTRACT to the Council, to the Members of the Pulaski County Board of Super- WITH COUNTY visors giving notice that the Town desires to renegotiate the rate per '~ TO BE RE- thousand gallons as set out in subparagraph (b) of said Contract. negotiated Mr. Marshall stated the letter states the Town recognizes the fact LETTER SENT that at this time the Town is not selling any water to the County, COUNTY BD. & but should the need arise a rate will have been set by the Council, MR. GLOWER and this letter carries out the provisions of the contract wherein a six months notice must be given prior to any ending of a two year period. Councilman Graham moved that the letter from Town Manager Marshall to the Members of the Pulaski County Board of Supervisors and County Administrator, indicating the town's desire to renegotiate its water contract with the County, be forwarded to the officials so named. Motion was seconded by Councilman House, 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 Brockmeyer stated he had no report for the Recreation Committee, but advised that he had had inquiries relative to the maintenance of Pinehurst Cemetery., There was discussion in I ~ i which it was determined that the Town now owns all of the Pinehurst June 3, 1980 Cemetery with the exception of a very small tract of land which is TOWN OWNS ALL OF PINEHURST owned by the Kersey Estate. Councilman House moved that the matter CEMETERY WITH EXCEPTION OF of acquiring this small tract of land from the Kersey Estate be SMALL TRACT referred to the Land and Buildings Committee, and a report to the Council. Motion was seconded by Councilman Neblett, and carried. Councilman Wallace had no report for the Street Committee, but inquired as to the status of the blinker light at the corner of NO STREET COM. REPORT Washington Avenue and First Street. Mr. Wallace also asked about the status of the Engineer's report on the loading zone on Main Street. Councilman Johnston had no report from the Land and Building TOWN MGR. REPORTS ON DREDGING OF a~648 Committee, but stated that perhaps Town Manager Marshall would report on the dredging of Peak Creek at this time. Town Manager Marshall advised that the dredging process had stopped because of the over-run of finances. Mr. Marshall advised that a letter had been received from the County regarding the possibility of the PEAK CREEK County contracting with the Town to secure dredging of Peak Creek from the & POSSIBILITY Corporate Limits to the Town's Sewage Treatment Plant. Mr. Marshall' OF COUNTY recommended that this letter of request be referred to the Land and INTEREST Building Committee. REFERRED TO Councilman House moved that the letter of request from the LAND & BLDG. County concerning the possibility of the County contracting with the COMMITTEE Town to dredge that portion of Peak Creek be referred to the Land and Building Committee. Motion was seconded by Councilman Graham, and carried. Councilman House stated that the Council has scheduled a public JUNE 16TH PUB. HEARING hearing for June 16th on the town's real estate tax rate not to exceed 24 ON SETTING REAL ESTATE cents for each $100.00 of assessed valuation, which is roughtly equivalent TAX - C0. EQUALIZA- to the town's present rate, and that it should be made clear to the public TION BD. TO TAKE CARE OF ALL that any complaints about paying more taxes to the town should be made to COMPLAINTS RE: ASSESS- the County Equalization Board instead of the Town Council. MENTS Councilman House moved that at the conclusion of Council's meeting an executive session on a personnel matter be held. Motion was EXECUTIVE SESSION seconded by Councilman Neblett, and carried. TO BE HELD Councilman Boyd advised he had no report for the Pollution NO REPORT and Sanitation Committee. FOR POLLUTION & SANITATION COMM :06649 June 3, 1980 Mr. Boyd inquired of Town Manager Marshall if auditors are doing a more indepth audit to determine if sufficient controls REPORT ON exists on the various functions of the Town, and was advised by SECUTITY Town Manager Marshall that. the auditors have been in this w~~k AUDIT BEING working; they have been to the Town Shops checking, but have made MADE no recommendations at this time. Councilman Meadows advised that the Ordinance Committee met, but that no recommendations have been made at this time. Councilman Neblett had no report. With ref erence to the complaints on poor reception by Cable TV customers, Town Manager Marshall advised that he had talked with DEVICE ORDERED Mr. Dent of Dent Electronics, Inc., who., is working on this problem, TO ELIMINATE TV CABLE and learned that a device has been on order and when installed will INTERFERENCE eliminate any .signals invplving Cable TV reception. Town Manager Marshall advised that Police Department is making road checks to ascertain those in violation of purchasing POLICE CHECK CARS FOR TOWN town tags. Mr. Marshall stated further that there are some legal TAGS aspects involved in the road check. EXECUTIVE At 5:00 P. M. Council went into executive session. SESSION At 6:15 P. M. Councilman Neblett. moved, seconded by REGULAR Councilman Boyd, that Council return to regular session. Motion was SESSION carried. At 6:16 P. M. Mayor Ratcliffe declared Council to again be in regular session and inquired if there was further business to come before the Council. At 6:17 P. M, there being no furtther business to come before ADJOURNMENT the Council, Councilman Neblett moved, seconded by Councilman House, that Council adjourn. Motion was carried. APPROVED: ~~ ~ ~ yor atcli fe ATT/EST C / ~~ Clerk of ouncil