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