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HomeMy WebLinkAbout02-20-796 ~~7,9 Minutes of the regular meeting of the Pulaski Town Council held February 20, 1979 at 7:00 P. M. in the Council Chambers in the Municipal Building. There were present: .Mayor Raymond 1G'. Ratcliff, presiding. Councilmen: C. E. Boyd, Jr ., Arthur L. Meadows, John A. Johnston, Andrew L. ,Graham, Jr., Robert M. Wallace, Blair B. Brockmeyer, James M. Neblett, Jr., William A. House Also present: H. R. Coake, Acting Town Manager Gladys R. Dalton, Clerk Alan Groseclose, Town Attorney Roger A. Williams, Treasurer Visitors: Jane Graham, WPUV Radio Station Dave Vascek, Southwest Times T. J. McCarthy, Jr. Joel Burchett Elzie Turman, Blue & White Cabs The invocation was given by Councilman Graham. MINUTES The minutes of the regular meeting of February 6, 1979 were approved APPROVED as recorded. Mayor Ratcliff welcomed the visitors and advised that Council would WELCOME hear the public at this time. VISITORS Joel Burchett inquired relative to the status of the Dog Leash Law. Councilman Meadows as Chairman of the Ordinance Committee advised that the Committee had met on several occasions and discussed this matter DOG LEASH LAW & and that it had been discussed with the County officials, but that the PROBLEM DISCUSSED Committee had no official report to make at this time. Mr. Burchett stated he would like to see .some action taken bef ore Spring, especially since the County is working on this. Councilman Meadows advised that at this point the Committee had not come up with a workable program with the County . Mr. Elzie Turman of Blue and White Cabs advised Council that to be BLUE & WH TE able to continue the operation of the Cab business they would have to have CABS ASK' OR 15C RATE. the 15C rate increase which was requested, rather than the lOC rate increase INCREASE' granted by Council at the last meeting of Council..: 4 Mayor Ratcliff advised Mr. Turman that the Ordinance Committee would COMMITT~ TO REPORx be making a report on this later in the meeting. LATER j Mayor Ratcliff called for Committee reports. ';f Councilman Graham reported the Utilities Committee has a meeting TAYLOR 9~. WATER LT E set for February 22nd at 5:00 PM to discuss sewer problems and the Taylor MEETING SET Street water problem.. 63~~ February 20, 1979 Councilman Graham then discussed with Roger Williams the matter COUNCILMAN GRAHAM ASKS "ROGER of delinquent utility accounts and the amount of money involved as a WILLIAMS AB OUT DEL. TAXES result of these delinquent accounts. Councilman Brockmeyer had no report. Councilman Wallace reported the Street Committee had met in regard to Ed Aust's request that the "no parking" signs be removed REPORT ON at his place of business on Main Street. Mr. Wallace stated it was the NO PARKING SIGNS AT feeling of the Committee that all parking on Main Street should be JIM DANDY two-hour parking, including the space at Mr. Aust's business, and that "no parking" signs be placed to Duncan Bridge Street, as the street was too narrow at this point for parking on the street. Councilman Wallace reported that because of the recent weather BLUFF ST. the Committee had not had an opportunity to look at the situation on GUARDRAIL Bluff Street and consider the request for a guardrail. Councilman Wallace further reported that the Committee recommended ENGR. DEPT. TO PREPARE that the Downtown Renovation proposal be turned over to the Engineering COST EST. ON DOWN- Department and that a cost estimate be brought back to Council. TOWN RENOVAT. Mr. Aust was not in agreement with the recommendation of the Street Committee regarding the parking situation at his place of business, and there was discussion between Mr. Aust and members of MORE DISCUSSION Council. Mayor Ratcliff advised that Acting Town Manager Coake would RE: PARKING AT JIM DANDYtake a look at the distance between the "no parking" sign and the alley located bef ore the Duncan Bridge Street and report to Council. Council agreed to consider the matter further. At this tim? Councilman Boyd asked that the matter of having to tow a car away from Longview Court during the recent snow because the PARKING ON LONGVIEW Street is too narrow, and it was necessary to get service trucks through, CT . STREET DURING should be referred to the Street Committee, and so moved. Motion was SNOW REF . TO ST. COM. seconded by Councilman Brockmeyer, and carried. Councilman Graham moved that the matter of houses being constructed on undeveloped streets, to ascertain the Town's responsibility, be S T . C OMM? TO STUDY ref erred to the Street Committees Motion was seconded by Councilman RESP . OF TOWN FOR Boyd, and carried. C ONS TR . OF HOUSES ON Councilman Johnston had no report. UNDEVELOPED STREETS Councilman House had no report. February 20, 1979 ty' sl~~~ 1 Councilman Boyd reported that many hours have been spent studying the problems concerning the "dumpster" garbage collection system; that the Town is currently billing residential consumers at a flat rate of .$3.00 per month, and it was felt a similar method. of billing for dumpster users should be considered. Mr. Boyd stated it was rezommended that a flat pick-up frequency fee, sufficient to cover the cost of this service per month, be established. Mr. Boyd stated this method of collection would be very advantageous to the Town, and that the Director of Public Works stresses the advantage of one REPORT ON size (8 yard) dumpsters. Also, the determining factor would be frequency DUMPSTER of collection per month and not volume per month. as is now the case with SURVEY, commercial consumers, and this would eliminate the problems now encountered concerning low-volume users. Mr. Boyd stated all other businesses or commercial consumers would continue to be billed under Schedule B-Business charges and measured by the number of containers picked up per month. Mr. Boyd reported that it was the recommendation of the Pollution and Sanitation Committee that the following charges for dumpster pickups CHARGES FOR be established, and so moved: $6.00 per pickup per dumpster; $10.00 on DUMPS TER PICKUPS rental per dumpster, and $12.00 for each additional requested pickups ESTABLISHED per dumpster. Motion was seconded by Councilman Neblett, and carried on the following vote: Andrew L. Graham, Jr. -Aye Blair B.:Brockmeyer - Aye Robert M. Wallace - Aye John A. Johnston - Aye William A. House - Aye C. E. Boyd, Jr. - Aye Arthur L. Meadows - Aye James M. Neblett, Jr. - Aye Councilman Boyd reported the Pollution and Sanitation Committee also considered the possibility of purchasing a tire slicer for the PURCHASE OF landfill, the cost of such a slicer being $6,000, and it was the re- T7FRE SLI ER commendation of the Committee, and so moved, that a charge of 50C be es- CORSIDER , i tablished for all tires up to 15 inch in size; 75~ for tires 16 to 21 inch RATE FOR, TIRES ' in size, and that no tire in excess of 21 inches be accepted at the land- ESTABLI$~ID fill. Motion was seconded by Councilman House, .and carried on the follow- {I ing 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 ~~g`,Z February 20, 1979 Councilman Boyd stated there are many vehicles coming into the landfill to dump and there is no way of knowing where they are coming ONLY VEHICLES from. Councilman Boyd moved that no vehicle without a Town tag be WITH TOWN TAGS MAY DUMP AT permitted to dump anything in the Town landfill, or by special permit LANDFILL MOTION FAILED approved by the Town administrati on. Motion was seconded by Councilman Brockmeyer. Discussion followed, no vote taken. Councilman Neblett made a substitute motion that the administrative SUBSTITUTE handling of dumping in the Town's landfill be withheld until the Council MOTION ON DUMPING can come up with a workable plan. Motion was seconded by Councilman CARRIED 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 Boyd reported that space at the Town's landfill is being depleted and there is approximately three (3) weeks left for LANDFILL its operation without expanding. Mr. Boyd advised that in September EXPANSION DISCUSSED, of 1976, in response to a requirement by the Bureau of Solid Waste and Vector Control for the prevention of leachate entering surface water, the Town SUBSTITUTE MOTION CARRIES submitted a request with maps and drawings of plans to relocate the landfill, to the State Health Department, plus an addendum was sub- mitted on November 1, 1977. Mr. Boyd further stated the Town has received no reply from the State Health Department todate, and in view of the severity of the situation, moved that the Council with or without the approval from the State Health Department, approve expanding of the landfill, if such approval has not been received by March 1, 1979. Councilman House made a substitute motion - That the Town Attorney be instructed to ascertain the legal ramifications involved in expanding the present landfill site without State Health Department approval. 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 moved and seconded by Councilman House, that the MARCH 1 EFFECTIVE DATE FOR CHARGEeffective date for the ch~.rg es established by Council in an ea rlier FOR DUMPING TI ES Resolution for tires at the Town's landfil l, be March 1, 1979, and carried Andrew L. Graham, Jr. - Aye Blair B. Brockmeyer - Aye Robert M. Wallace - Aye John A. Johnston - Aye on the following vote: W~ 11 i.am A . Hous e - Aye C. E. Boyd, Jr. - Aye Arthur L. Meadows - Aye James M. Neblett, Jr-Aye 6383' Councilman Meadows reported that at the last meeting of Council 1 i TAXICAB February 20, 1979 it had been requested that the Town Attorney prepare a Resolution increasing the taxicab rate lOG on each zone and thereafter 10~ per zone. At Mr. Turman's request, Mr. Meadows stated the Committee met on February-17th at which time Mr. Turman stated unless the requested rate of 15C was granted, he felt he could not remain in the Taxicab RATES budiness. Mr. Turman's request was as follows: INCREASED 15~ Zone 1 $1.10 to $1.25 Zone 2 $1,20 to $1.35 Zone 3 $1.35 to $1.50 AND ORDINANCE Zone 4 $1.50 to $1.65 ADOPTID BY Town Attorney Groseclose read to Council an Ordinance carrying COUNCIL out the request for the 15~ rate increase, and Councilman Neblett moved the adoption of the Ordinance as read, increasing the rate by 15G per zone to all existing rates. Motion was seconded by Councilman Meadows, 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 AMEND AND R E-ENACT, AS AMENDED, SECTION 26.6-1 OF CHAPTER 26, SCHEDULE OF RATES, TAXICABS AND OTHER VEHICLES FOR HIRE BE IT ,ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in regular session on this 20th day of February, 1979, that: Sec. 26-6.1 Same -- Schedule of Rates Within Town Provided that the proper local and state licenses and fees have been obtained and paid, the following rates are hereby fixed for TAXICAB services rendered by public vehicles, taxicabs and for-hire cars within the Town: r- ~ u ORDINAN~ i +I i (a) For the transportation of one passenger in such a vehicle, the following rates within zones, between zones and into zones shall apply: Embarkation Point Within Zone 1 Zone 1 or 2 Zone 1, 2 or 3 Zone, 1, 2, 3 or 4 Zone 2 Zone 3 Zone 4 Destination Point Within Rate Zone 1 $ 1.25 Zone 2 1.35 Zone 3 1.50 Zone 4 1.65 Zone 1 1.25 Zone 2 or 1 1.50 Zone 3, 2 or 1 1.65 6384. TAXICAB ORDINANCE February 20, 1979 (b) When both the embarkation point and destination point are in zones other than Zone 1, and in traveling from the embarkation point to the destination point it is reasonably expedient from the standpoint of time, distance and street lay out or condition to travel from the embarkation .point back through Zone 1, an additional charge of twenty- -five cents shall be made for each zone traveled into between Zone 1 and the destination point. (c) For the purpose of this section travel along a street which is a zone line, shall be travel through a zone. (4-7-59 :'; 9-6-66; 3-4-69; 3-7-72; 10-18-77) Councilman Meadows moved the effective date of the taxicab rate increase become effective March 1, 1979. 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 A request from the 7-Eleven Store on East Main Street for the REMOVAL OF MEDIAN STRIP ON RT. 99 REF. TO ST. COMMITTEE removal of the median strip in front of its place of business was referred to the Street Committee on motion of Councilman Meadows, seconded by Councilman Boyd, and Carried. Town Attorney Groseclose read to Council a Resolution. granting to Dublin Associates increases in certain rates now charged by the Pulaski TV Cable System. Councilman-House moved the adoption of the Resolution as read. RESOLUTION ADOPTED INCREASING CABLE TV RATES Motion was seconded by Councilman Meadows, and carr-ied on the follow- ing vote: Andrew L. Graham, Jr. - Aye Blair B. Brookmeyer - Aye Robert M. Wallace - Aye John A. Johnston - Aye T2 PC (1T iTTT(1N William A. House - Aye C. E. Boyd, Jr. - Aye Arthur L. Meadows - Aye James M. Neblett, Jr. - Aye WHEREAS, Dublin Associates, a Limited Partnership, owners of Pulaski CATV Franchise, has heretof ore petitioned the Council of the Town of Pulaski, Virginia, for authorization to increase certain rates now charged by the Pulaski TV Cable System; and WHEREAS, the Council held a public hearing at 4:00 o'clock P. M., on the 6th day of February, 1979, upon the proposed rate increase and has thereafter given mature consideration to the petitioner's request; and WHEREAS, the Council of the Town has determined that the rates requested are fair and reasonable and are deisgned to meet necessary costs of the service, including a fair rate of return o'n the net evaluation of the properties devoted to the said system. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meeting in regular session on this 20th day of February, 1979, that: 1 i n u February 20, 1979 6385 Dublin Associates, owenrs and operators of the Pulaski TV Cable System, be, and they are hereby authorized to charge and collect rates not to exceed the scheduled rates which are attached hereto and designated "Schedule 1.2" to be attached to the Franchise Agreement in place of the present "Schedule 1.1", which ':Schedule 1.2" shall remain in effect until changed or modified in accordance with the standards set out in Section 14 of the Franchise Agreement or other applicable provisions of said franchise or regulations. 1 BE IT FURTHER RESOLVED that a certified copy of "Schedule 1.2" be transmitted to the Dublin Associates, Pulaski Office for their authority to increase rates, and that CATV give due publicity thereto. "Schedule 1.2" shall become effective on March 1, 1979. (ADDENDUM), "SCHEDULE 1.2" SCHIDULE OF RATES OF THE PULASKI TELEVISION SYSTEM, SUBMITTED AS "SCHEDULE 1:2" PURSUANT TD SECTION 14 OF THE PULASKI COMMUNITY TELEVISION FRANCHISE Approved and authorized by the Council of the Town of Pulaski, Virginia, on November 1, 1976, to become effective November 1, 1976 Installation charges Monthly Service Charges 1 TV CABLE 1. For single TV outlet (a) Aerial installation (new or original) $25.00 $ 8.00 (b) Aerial installation where cable in house 10.00 8.00 (c) Underground, new or NEW RATES original where ditching is by TV Co., addit. 10.00 2. For additional TV outlet (a) Install at time main installation 5.00 Leach) 2.00 (b) Install at other time if special trip made to house for that purpose 10.00 2.00 3. F or single TV outlet for former customer (a) If cable in house 10.Q0 8.00 (b) If relocating in house, addl. 7.50 4. For FM - Outlet 1 (a) Same as TV outlets 10.00 2.00 (b ) If FM and TV connection made at same time 5.00 2.00 (c) FM connection made at later time (each) 7.50 2.00 5. Installation in Motels (a) Where system installed by owner- connection 20.00 (b) Where system installed by CATV Co. 7.00 for 1st installation - 2.00 on each additional set Bo Contract ~~ February 20, 1979 s3as llnstallation charges Monthly Service Charges REQUEST FOR ENCROACHMENT 6. For hospitals, nursiv~g homes and homes for adults (a) Installation $25.00 $ 8.00 for 1st connection - 1.50 for each outlet 7. Apartments (a) 'Original installation- same as single home connection 8.00 for 1st - 2.00 for each outlet (b) If apartment owner pays, entire monthly bill By agreement with owner Town Attorney Groseclose stated The Southland Corporation, 7-eleven Stores at the intersection of Newbern Road and Route ~~99, had petitioned the Town for an encroachment upon town property, certain portions of three storage gas tanks installed under land owned by the town, but does not use. An "Ordinance granting the encroachment was read to Council by Mr. Groseclose, and on motion of Councilman Neblett, seconded 7-ELEVEN by Councilman Johnston, the following ordinance was adopted: Andrew L. Graham, Jr. -Aye RT. 99 Blair B.,Brockmeyer - Aye Robert M. Wallace - No John A. Johnston - Aye FETITION IN RE: GRANTING AN ENCROACHMENT EASEMENT FOR PORTIONS OF CERTAIN ST"ORAGE TANKS flN PROPERTY OWNED BY THE TOWN OF PULASKI TO THE MAYOR AND MEMBERS OF THE COUNCIL ~ THE TOWN OF PULASKI, VIRGINIA William A. House - Aye C. E. Boyd, Jr. - No Arthur L. Meadows - Aye James M Neblett, Jr. -Aye The undersigned respectfully petitions the Council of the Town of PETITION Pulaski, Virginia, to grant an encroachment easement for portions of certain storage tanks located fourteen feet under the ground under a portion of a 20-foot strip conveyed to the Town by a correction deed dated the 16th day of September, 1959, from Agnes C. McPherson and James McPherson, and more particularly described as follows: BEGINNING at a point in the western boundary line of Newbern Road (or Union Avenue), N. 2 degs. 00' West 26 feet from the intersection of the east line, of :Newbern Road and the north line of Route ~~99;"thence N. 88 degs.. 00' West 20 feet to a point; thence N. 2 degs. 00' West 47 feet to a point; thence S. 88 degs. 00' East 20 feet to a point in the eastern boundary of Newbern Road.; thence therewith South 2 degs. 00' East 47 feet to the point of Beginning Petitioner would further request that after due consideration, the Council by ordinance grant the encroachment easement allowing said tanks to remain under property owned by said Town. That Petitioner may be granted the relief requested in this petition and more fully explained in its letter of January 9, 1979 to Town officials. Given under our hands this 20th day of February, 1979. 1 1 1 THE SOUTHLAND CORP"ORATION February 20, 1979 AN ORDINANCE ALL"OWING an Encroachment upon Town Property of Certain Portions of Three Storage Tanks Lying and Being Within the Boundary Lines Described Below which is a Portion of a 20-ft. Strip Adjacent to the Western Boundary Line of Newbern Road. BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, that: WHEREAS certain portions of three storage tanks are encroaching upon property belonging to the Town of Pul~ki, Virginia, and lying within a strip of land described as follows: BEGINNING at a point in the western boundary line of Newbern Road (or Union Avenue), N. 2 degs. 00' West 26 feet from the intersection of the east line of Newbern Road and the north line of Route ~~99; thence N. 88 degs. 00' West 20 feet to a,point; thence N. 2 degs. 00' West 47 feet to a point; thence S. 88 deg. 00' East 20 feet to a point in the eastern boundary of Newbern Road; thence therewith South 2 degs. 00' East 47 feet to the point of Beginning; ADOPTION OF and being a portion of a 20-f oot strip running along the western boundary Line of Newbern Road north of its intersection with State Route ~~99, which strip was conveyed to the Town by correction deed dated the 16th day of ORDINANCE September, 1959, from Agnes C. McPherson and James M. McPherson, her husband, and of record in the Clerk's office of the Circuir Court of Pulaski County, Virginia, in Deed Book 187, page 536; and ALLOWING WHEREAS, said encroachment was inadvertently placed on Town property and has been in existence since the latter part of 1978, and ENCROACHMENTis not susceptible to being moved because of rock formation, hazards involved in excavating rock, and cost of reconstruction; and ON RT. 99 WHEREAS, said encroachment as it exists does not in any way obstruct passage or use of said land; NOW, THEREFORE, pursuant to Section 15-777 of the Code of Virginia of 1950, as amended, the Petitioner, The Southland Corporation, Seven-Eleven Stores, or their successors, is hereby authorized to maintain such encroachment as it exists as of the 1st day of January, 1979, and as of this date, until such storage tanks are peemanently removed. BE IT FURTHER "ORDAINED that if and when the said tanks so encroaching shall be permanently removed by the Petitioner, the present Lessee or their successors in title on any of the land upon which the encroachment exists, that this authorization shall immediately cease; and further, that nothing herein contained shall be construed either to impose upon the municipality any obligation whatsoever for the existence of said encroachment or to impose upon said municipality any liability to any persons whatsoever by reason of this authority nor to relieve said Petitioner-Lessee or their successors of any liability for negligence or otherwise on their part I on account of such encroachment. A copy of this ordinance may be recorded in the Clerk's Office I of the Circuit Court of Pulaski County, Virginia. An emergency existing, this ordinance shall become effective upon passage. 6388 February 20, 1979 Acting Town Manager Coake presented to Council an application of Walter H. Foster requesting premission to place a mobile home on Lot 5, Sec. 4 of the Dix-Beamer Subdivision adjacent PUBLIC HEARING SET OF TRAILER to Hickory Avenue. Mr. Coake recommended that this application PERMIT - W. H.FOSTER f ollow the usual procedure for trailer applications, and a public hearing set for March 6th meeting of Council. Councilman Graham so moved, seconded by Councilman Johnston, and carried.- Mr. Coake adivised that during the rehabilitation of the Roseberry House under the Federal Grant, an opportunity has arisen making it possible to insulate the house that was not considered during preparatuon of the plan. The additional cost to insulate COUNCIL the house submitted by the Contractor is $1100.00. Work on the AUTHORIZED ADDL. WORK roof required by the contract shows that the entire roof is in FOR ROSEBERRY HOUSE UNDER bad condition and the additional cost to resurface the roof, sub- FEDERAL GRANT mitted by the Contractor, is $650.00. Mr. Coake recommended that Council authorize the insulation and roof work to be paid out of the Housing Authority Grant. Councilman Graham so moved, seconded by Councilman Wallace, and carried on the following vote: Andrew L. Graham, Jr. - Aye W~ll~am 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 At 9:10 P. M. Councilman House moved that Council go into EXECUTIVE Executive Session on a personnel Matter. Motion was seconded by SESSION Councilman Neblett, and carried. At 9:38 P. M. Council returned to Regular Session, and Mayor r~~ r-~II ~J ADJOURNMENT Ratcliff inquired if there was further business to come bef ore the Council.- There being none, Council adjourned at 9:39 P. M. APPR~ /! A /~ / Mayo cl if AT~T/ES T ~-1--r A ~ /I~ /~, _ / Clerk q'~ Council