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HomeMy WebLinkAbout10-03-78~' ~; Minutes of the regular meeting of the Pulaski Town Council held October 3, 1978 at 4:00 P. M. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: Robert M, Wallace, John A. Johnston, Andrew L. Graham, Jr.,;Blair B. Brockmeyer, William A. House, C. E. Boyd, Jr. James M. Neblett, Jr. Absent: Councilman Arthur L. Meadows Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore I Visitors: Jane Graham, WPUV Radio Station Charles Hite, Roanoke Times David Vacsek, Southwest Times approximately five citizens The invocation was given by Councilman Brockmeyer. The minutes of the regular meeting of September 21, 1978 were approved as recorded. Town Council held its public hearing on the application of James Curtis Cassell to place a mobile home on Lots 7A, 7B, and 7C located on p Pulaski Terrace. No one appeared either for or against the application and Mayor Ratcliff called on Town Manager Marshall for a report. Town Manager Marshall reported that the Engineering Department had PUBLIC completed its investigation which indicated the lots to be in an i-2 HEARING! CASSELL Residential ~ne and contained 25,305 square feet. Also, that water TRAILER APPLIC~,1 and sewer services are available. Mr. Marshall further reported there TION - ~ were no objections made to this application, and he recommended to the APPROV~~ APPLIC IONCouncil that the application be approved. Councilman Neblett moved that the mobile home application of James C. ~ Cassell be approved. Motion was seconded by Councilman Graham, 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 - Absent John A! Johnston - Aye James M. Neblett, Jr . -Aye Mayor Ratcliff advised that Council would hear the public at this time. Morris Burton of the New River~Valley Emergency Squad, registered a BURTON *, REGISTERS complaint to Council regarding the Rescue Squad being contacted recently COMPLAINT when their services were needed in the case of a young man having shot hm- E) self. Mr. Burton was advised that a full investigation would be made of this and a report made to him. 632 October 3, 1978 Mayor Ratcliff called for Committee reports.; Councilman Graham reported that Town Manager Marshall and Mayor Ratcliff had appeared bef ore the State Water Control Board in Virginia Beach on September 26th and stated the position of the Town Council with regard to upgrading and expanding the Town's Wastewater Treatment Plant to high level phosphorous removal. Councilman Graham stated, in view of this, he would move that the Town Manager and his staff proceed with the State Water Control TOWN TO PROCEED WITH STATE Board and the Town's Consulting Engineers to expand the scope of WATER CONTROL BD. FOR HIGH the Town's Facility Plan Step I Grant to incorporate high level LEVEL PHOSP. REMOVAL, PLUS phosphorous removal as compared to the Town going to the Regional COMPARISON & COSTS Plant; Also, to include in the expanded scope of work, all relative costs in order that a fair comparison can be made which will include sludge handling and flood protection. Motion was seconded by Council- man Johnston, and carried on the following vote: Andrew L. Graham, Jr. -Aye Wi~ll~.am A. House -Aye Blair B.,Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Absent John A. Johnston - Aye James M. Neblett, Jr.-Aye Councilman Graham also reported the Utilities Committee had considered and agreed on the water contract with the Pulaski County WATER CONTRACT WITH PUL. CO. Public Service Authority for purchase of water, and that copies of the PUB .SERVICE AUTY. PRESENTID contract had been furnished to each member of the Council. ADOPTION OF Councilman Wallace-moved Council accept the contract and only RESOLUTION TO ACCEPT CONTRACT discuss briefly its contents.; Motion was seconded by Councilman Graham. During the discussion-Town Attorney Moore pointed out pertinent sections of the Contract,, and presented Council with a Resolution directing its Mayor and Clerk to execute the Contract. Councilman Wallace withdrew his motion and Councilman Graham withdrew his second. Councilman Wallace theb moved that the Resolution as read by the Town Attorney be adopted. Motion was seconded by Councilman Graham, 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 - Absent John A. Johnston - Aye James M. Neblett, Jr. - Aye 1 1 1 WHEREAS, the Utilities Committee has this day presented ~ to the Council a contract between Town of Pulaski and the Pulaski County Public Service Authority, by the terms of which the Pulaski County Public Service Authority does agree to sell the Town water from its system to supply the Town's customers who receive water through the Newbern Heights Subdivision water line and the 600-ft. corridor under the terms set out in the contract. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, meeting in Regular Session on this 3rd day of October, 1978, that: The of orementioned contract this day filed with the Council in its present form between the Town and the Pulaski County Public RESOLUT~~N Service Authority, for the purchase of water by the Town, be, and f+ the same is hereby approved. TO ACCEPT be it further resolved that Raymond F. Ratcliff, Mayor shall execute the contract on the part of the Town and Gladys R. Dalton, WATER CON- its Clerk, shall attest same. RESOLUTION 1 .~ 1 TRACT WITH i COUNTY Kogan &~, Gatewoo~~Dams COUNCILMAN BROCKMEY$R GIVES INF ORMAT~ON ON IN- AB ILITY ~ '~ 0 HOLD JOB October 3, 1978 6313 Councilman Graham stated the Utilities Committee also considered the recent reports to the Town regarding the inspection of Hogan and Gatewood Dams. Councilman Brockmeyer reminded Council that in July Council extended the terms of office for Town Manager for only six months, and the term of office for the Chief of Police was not extended, and as of now it stands that the Town Manager's term will expire December 31, 1978 and Council has not acted on the term of Chief of Police. Mr. Brockmeyer stated he hoped to give Council some inf ormation which, he felt, would indicate to Council that the Chief of Polite was not qualified for his job. The Council's attention was directed by Councilman Brockmeyer, to five incidents which he felt would disqualify the Chief for his job, namely: 9/6/74 - Black Group Disturbance, and the fact that Chief Childress overreacted to this situation, and as a result of which a Citizen's Committee was appointed to investigate same. Step 2 - Gregory and Gun Matter - in which situation Chief Childress 1 showed a lack of administrative ability. Step 3 - Promotion of Officer Lewis - Officer was not properly screened; that Chief and Town Manager acted improperly in promoting Officer Lewis. ~.'~'~ 4 October 3, 1978 Step 4 - Lack of Action - Whenever there is a problem action is slow in coming. Step 5 - Lack of Communication - There seems to be a lack of communica- tion between policemen and their superiors, and when there are problems the Chief is unaware of them. Councilman Brockmeyer explained each step as presented in more detail, and ended his presentation by stating he felt the Chief should be .demoted. Councilman Wallace asked if there had been a Safety Committee meeting that day, as he was expecting to get some information from that Committee. He was advised that there-had been such a meeting, - FURTHER DISCUSSION but there was no comment from its Chairman. Councilman Boyd advised RE: CHIEF OF ~ POLICE $t that the Town Attorney had a Code regularion which would apply to TOWN MGR . cases of this nature. Councilman Neblett stated he was opposed to firing anyone in a public meeting; that there are processes by which this.-can- be done, and if the Council so desires to fire the Police Chief or Town Manager he felt it should be done in a systematic way. Councilman .Brockmeyer moved that the Chief of Police be demoted within thirty days. Councilman Brockmeyer then amended his motion - SUGGEST Councilman Brockmeyer then moved that Council follow the correct CHIEF OF POLICE BE procedure as set out in Chapter 10.1 of Law-Enf orcement Officers DEMOTED Procedure Guarantee, in demoting Chief of Police H. B. Childress. Motion was seconded by Councilman Johnston. More discussion followed and Councilman House made a substitute motion; Councilman House moved that any action on this matter be HOUSE MOVE THAT FULL delayed until a full Council is present. Motion was seconded by COUNCIL BE PRESENT Councilman Neblett. Councilman Brockmeyer stated in the discussion that the Council has been discussing this for three months; that problems have Substitute continued to come up and would continue, and perhaps a full Council motion failed was needed, but that he would support his motion. The vote on the substitute motion was as follows: Andrew L. Graham, Jr. - No William A. House - Yes Blair B. Brockmeyer - No C. E. Boyd, Jr. - No Robert M. Wallace - Yes Arthur L. Meadows - Absent John A. Johnston - No James M. Neblett, Jr .- Yes The substitute motion failed. October 3, 1978 6315 Councilman Wallace stated he would like to have a full report of this matter bef ore voting on same. Councilman Wallace then made a substitute motion: Councilman Wallace moved that Council go into executive session on a personnel matter. Motion was seconded by SUBSTITUTE Councilman Neblett. MOTION There was more discussion, and the following vote was taken on the FAILS substitute motion, as follows: Andrew L. Graham, Jr. - No William A. House - No Blair B. Brockmeyer - No C. E. Boyd, Jr. - Yes Robert M. Wallace - Yes Arthur L. Meadows - Absent John A. Johnston - No James M. Neblett, Jr.-Yes Motion failed. Mayor Ratcliff stated "we have not done our work and we have not dealt with this matter in the proper manner". Councilman House stated STATEM~NT he hears many things too; not all god and not all bad, and if he was BY MAYOR, dragging his feet he apologized to no one for doing it. Councilman AND SOME Johnston stated there may be a better way to do this, but it appeared COUNCILMEN that no effort had been made on the part of Council or any one, except RE:D~I~OT- Mr. Brockmeyer; and no one has taken any initiative to do anything about ION OF it, and that Council was taking some steps now which he felt was needed. not Councilman Boyd stated he was sorry Councilman Meadows was/present to face CHIEF IOF a matter of this kind, but he believed it was time for Council to settle POLIG~ i the affair with the Police Chief and Town Manager and move on to the business of the Town. The vote on the original motion of Councilman Brockmeyer, was as follows: Andrew L. Graham, Jr. - Yes William A. House - No Blair B. Brockmeyer - Yes C. E. Boyd, Jr. - Yes ORIGIN~L Robert M. Wallace - No Arthur L. Meadows - Absent DEMOTIp John A. Johnston - Yes James M.Neblett, Jr. - No MOT ION': F POLICE HIES Motion carried. CARRIE Councilman Graham moved that the Town Manager not be appointed beyond N December 31, 1978. Motion was seconded by Councilman Brockmeyer. MOT IO O Councilman Wallace stated the Council was supposed to have a meeting B E- N APPOI • and evaluate the Town Manager, and this had not been done. Mr. Wa llace BEYOND , DEC 31 '~18 . ,~ stated he felt it was unfair to cut his ter m short at four months without ~ giving him a chance to have a say. 9 Councilman Brockmeyer advised Mr. Wallace that the meeting was held i in September and also another meeting was held. Mr. Wallace stated he was not there. f. ~~i~6 October 3, 1978 Councilman Brockmeyer, stated that inasmuch as Councilman Meadows was not present, felt it might. be well to give this more time. Councilman Johnston stated it was unf ortunate to place Mr. MOTION .FAILED Marshall in an insecure position, but he did not feel that as individuals, the Councilmen had made sufficient investigations, and perhaps Council was being a little premature at this time. The vote on the above motion was: 1 Andrew L. Graham, Jr. - Yes William A. House -No Blair B. Brookmeyer - Yes C. E. Boyd, Jr. -Yes Robert,M. Wallace - No Arthur L. Meadows -Absent John A. Johnston - No James M.Neblett,Jr. - No And the motion failed. Councilman Wallace moved that Council have a meeting in the MOTION TO MEET WITH TOWN MGR . IN 2 WEEKS CARRIES next two weeks for the purpose of telling Mr. Marshall what we expect, so he will know what direction to take. Motion was seconded by Councilman Brookmeyer, and carried on the following vote: Andrew L. Graham, Jr. - Yes Blair B.,Brockmeyer - Yes Robert M. Wallace - Yes John A. Johnston - Yes Councilman Wallace had no report. LAND & BLDG. COMMITTEE TO MEET IN OPEN SESSION REFLOOD PLAIN MAP Councilman Johnston had no Committee report, but stated the William A. House - Yes C. E. Boyd, Jr. - Yes Arthur L. Meadows - Absent James M.Neblett, Jr.- Yes Land and Building Committee would meet in open session on October 5th at 5:00 P. M. in the Council Chambers, with Douglas Wright of Wiley & Wilson, and those who are interested in the Flood Plain Map were welcome to be present. Councilman House had no report. Councilman Boyd reported the Pollution and Sanitation Committee SURVEY TO met on October 2nd with Town Manager Marshall, Leroy Early and ,Roger BE MADE ON WEEKLY Williams relative to the matter of dumpster collection rates, and DUMPSTER USERS it was the consensus of those present that a survey should be made to establish the number used each week before any rate increase is USER TAX recommended. Mr. Boyd stated also that it had become necessary for SUGGESTED FOR LANDFILL the Town to police the landfill inasmuch as there are trucks hauling from the County, Wytheville and even Roanoke, and using the services of the Town. Mr. Boyd stated it was felt that a landfill use tax might be in order. Certainly, only residents of the Town should be allowed to use the landfill. J 1 October 3, 1978 6~*~~ Councilman Graham moved that the Pollution and Sanitation Committee and Town Manager Marshall come up with a recommendation on private industries within the town's corporate limits, or out, bringing LANDFILL US ER 'TAX waste to the landfill. Motion was seconded by Councilman Boyd, and carried. 'Councilman Boyd further reported that the Committee had also discussed the purchase of a tire slicer which would cost approximately CONSIDER $6,000. It was estimated that a fee of 50G for each tire would soon PURCF~AS E OF 'TARE pay for the slicer. Mr. Boyd stated it was impossible to take care S HREIIDER FOR,f of the tires at the landfill without slicing or shredding before LAN11E~ I LL covering them. Councilman Boyd moved that the first regular meeting of Council COUN IL in November, November 7, 1978, falls on Election Day, and that `.this MEE~ NG CHA ED TOmeeting be rescheduled to Monday, November 6, 1978 at 4:00 P. M. NOV . 6 Motion was seconded by Councilman Graham, and carried. Councilman Boyd moved that the proper action or steps be taken CON SLID- for a joint meeting with Town Council and the Pulaski County Board ATI~Pi OF C0.& TOWN of Supervisors and the County Administrator with an idea of con- s ERV~ C ES TO sidering some of the services to the taxpayers,.. and that Mayor CON DER ID Ratcliff make the contact with the Board of Supervisors and County Administrator. Motion was seconded by Councilman Brockmeyer, and carried. Councilman Neblett had no report. Mayor Ratcliff advised a letter had been received from the New Riv er Valley Agency on Aging that it was time to reappoint a repre- sentative from the Town on their Board. Mayor Ratcliff stated HOU ~ RE- AP NTED Councilman House had represented the Town very ably on this Board. TO ARD ON `ING Councilman Brockmeyer moved that Mr. House be reappointed as the _ !f Town's representative to the New River Valley Agency on Aging Board. ALT NATE Motion was seconded by Councilman Johnston, and carried. TO B~ CONS DERID It was decided that an Alternate to this Board would be con- LATp ~~ sidered by Council at some later date. E ~~ Town Attorney Moore presented and read to Council a Resolution recognizing Miss Kylene Barker - Miss America - and on motion of ADO' ION OF ~ SOLU-Councilman Johnston, seconded by Councilman Brockmeyer, the f ollow- TIO RE: MIS A ing Resolution was adopted: AME CA 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 - Absent ~~ John A. Johnston - Aye James M. Neblett,Jr. - Aye 63 ~ ~ October 3, 1978 RESOLUTION WHEREAS, on September 9, 1978, in Convention Hall, Atlantic City, New Jersey, Danice Kylene Barker, a Miss Pulaski County, chosen Miss Virginia in July, 1978, amid the tremendous applause and approval of those present, was crowned Miss America of 1979; and WHEREAS, Miss Barker, the pretty and petite Miss America, has brought to her State, and more particularly to her native MISS AMERICA Southwestern Birginia, unprecedented recognition, fame and honor, and by her graciousness, confidence and her genuine philosophy of life, will be, throughout her reign and in all her travels over RESOLUTION the width and breadth of our great nation, an ambassador carrying with her that certain good will by which only Virginia has ever been known. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, as the official spokesman of all Pulaskians, that it joins with the throng of her admirers from the entire State of Virginia, and more intimately with her many friends in South- western Virginia, in expressing to her its most heartfelt congratu- lations and acclaim upon her great achievement in winning the coveted title of Miss America, the first, and to date, the only Miss Virginia to have been so honored. The Town, by these presents, expresses to her its deep apprecia- tion for the nationwide recognition which she has brought to this section of Virginia, and further extends its best wishes to her 'f or a most successful and happy reign as she goes about her arduous task in carrying out the ever-demanding obligations and duties which are required of a person who has the signal distinction of being a "Miss America" . Town Manager Marshall reported that the term of Bob Clark on the NEBLETT TO New River Valley ASAP Board had expired, and it was necessary for SERVE ON Council to appoint someone for this vacancy. Councilman Graham ASAP BOARD moved that Councilman Neblett be appointed as the Town's representa- tive to the New River Valley ASAP Board. Motion was seconded by Councilman Johnston. After some discussion, motion and second were withdrawn. Town Manager Marshall reported a request had been received from REQUEST FOR three residents of Elizabeth Street that a portion of Apple Tree OPENING APPLE TREE Street be opened in order that they could be afforded access to their STREET REFERRID TO property off of Apple Tree Street. The residents had stated if this could ST. COMM.. be accomplished it would get approximately twn vehicles off of Elizabeth Street. Mr. Marshall stated the Engineering Department has completed. preliminary engineering studies and cost estimates, and he recommended that it be referred to the Street Committee for study and recomroanda- tion. Councilman Graham moved that the request for opening a portion of Apple Tree Street be referred to the Street Committee for study and recommendation. Motion was seconded by Councilman Brookmeyer, and carried. October 3, 1978 6319 Town Manager Marshall advised Council that a request had been CURB & GUTTER FOR OVERTON received from residents of Overton Drive for curb and gutter, and under STREET REF. TO ST. COMM. the Town's policy the installation of curb and gutter is a sharing in cost project. Mr. Marshall stated the residents have been advised of the cost and are willing to share in the project. Mr. Marshall recommended that it be referred to the Street Committee. Council- man Wallace moved that it be referred to the Street Committee. Motion was seconded by Councilman Boyd, and carried. Town Manager Marshall requested an executive session of Council on a personnel matter. Councilman Neblett moved that Council go into EXECUT~~1E SESSION executive session on a personnel matter. Motion was seconded by Councilman Boyd, and carried. Council went into executive session at 5:50 P. M. At 6:14 P. M. Council returned to regular session and Mayor Ratcliff inquired if there was other business to come bef ore the Council. ADJOUR~iMENT There being none, Councilman Neblett at 6:15 P. M, moved, seconded by Councilman House, that Council adjourn. Motion was carried. APPROVED:,, i~ 1. ~ ~ ,~ v Mayor Ratcliff ;; ATTEST: ~~ ~ Clerlc~ of Council