Loading...
HomeMy WebLinkAbout02-21-786149 Minutes of the regular meeting of the Pulaski Town Council, held February 21, 1978 at 7:00 P. M, in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: Andrew L. Graham, Jr., Blair B. Brockmeyer, John A. Johnston, Bob J. Clark, Arthur L. Meadows, James M. Neblett, Jr., William A. House, C. William Hickam, Jr. Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Visitors: J. R. Schrader, The Southwest Times Jane Graham, WPUV Radio Station Charles Hite, Roanoke Times Paul Roop, Jessee Hopkins, Duane Dalton, et als The invocation was given by Councilman Johnston. The minutes of the regular meeting of February 7, 1978 were approved as recorded. Mayor Ratcliff stated as had been advertised in the local news- paper Council would hold a public hearing on the request of T. J. McCarthy, Jr. to close a portion of Gemmell Avenue, a distance of 581 feet and located between the boundaries of two parcels of real estate owned by the Petitioner. PUBLIC HEARING In the absence of Town Attorney Moore, Town Manager Marshall RE:CLOSING PORTION OF advised that the Viewers, as were appointed by the Council, had met GEMMELL AVE . and received their instructions from the Attorney and personally visited the location and made their report. Mr. Marshall read the Report of the Viewers which indicated that it was the recommendation of the Viewers that the closing of this portion of Gemmell Avenye lying between the boundaries of the two parcels of real estate INSTRUCTIONS TO VIEWERS, owned by the Petitioner would cause no inconvenience to anyone if & VIEWERS REPORT closed for a distance of 381 feet. If closed for a distance of 581 feet, there will be some inconcenience to the Dalton property at the corner of Gemmell and Thomas Streets, and utility easements should be reserved. The Instructions to the Viewers and the Report of the Viewers were filed as part of the minutes, as follows: 61~Q February 21, 1978 INSTRUCTIONS TO VIEWERS RE: TOWN OF PULASKI, VIRGINIA Vacation and abandonment of a portion of Gemmell Avenue a distance of 581 feet and Located between the boundaries of two parcels of real estate owned by Petitioners. Convening of the duly appointed Viewers for said Town at 4:30 o'clock P. M, on the 21st day of February, 1978, at .the Town Attorney's office. INSTRUCTIONS TO VIEWERS RE:CLOSING OF GEMMELL AVE. PRESENT: 1. Curtis C. Jordan 2. Dan C. Bell 3. Jack H. White Viewers are hereby instructed by the said Town Attorney as follows: (L) That you appointment was made by the said Town under authority 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 portion of Gemmell as follows: That portion of Gemmell Avenue shown on a plat entitled "Plat of Burgis-Gemmell Subdivision". BEGINNING at the southeasten corner of Lot No. 26 of the Burgis and Gem- mell Addition and running North 11 deg. 45 min.East 581 ft. to the northeastern corner of Lot No. 49 in said sub- division, then South 78 deg ., 03 min. East 30 ft. to a point; thence South 11 deg. 45 min. West 581 ft. to a point; thence North 80 deg. 15 min. West 30 ft. to the point of BEGINNING. (3) You shall determine by your view and your evaluation thereof whether or not any inconvenience would be caused by the closing of the portion of Gemmell Avenue described above; and, if any, what inconvenience would result and to whom by abandoning and vacating the portion of Gemmell Avenue set out above as a part of the system of public ways of the Town of Pula ski,V,irginia. (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 21 day of February, 1978 /s/ GARNETT S. MOORE Attorney for the Town cf Pulaski, Virginia February 21, 1978 REPORT OF VIEWERS RE: TOWN OF PULASKI, VIRGINIA Vacation and abandonment of a portion of Gemmell Avenue a distance of 581 feet and located between the boundaries of the two parcels of real estate owned by Petitioners. PETITIONERS: Thomas J. McCarthy, Jr. We the undersigned viewers duly appointed by Resolution of the Town of Pulaski, Virginia, adopted on the 3rd day of January, 1978, convened in the Office of the Town Attorney at 4:30 P. M., REPORT OF on the 21 day of Feb. 1978, and at that time were given written, instructions by the Attorney for said Town of Pulaski, Virginia, VIEWERS upon our duties as viewers, the original of the instructions being herewith attached as a part of these proceedings. After reading the instructions, the undersigned personally visited the location described in the aforementioned Resolution and instructions, and agree that the closing of this portion of Gemmell Avenue lying between the boundaries of the two parcels of real estate owned by the Petitioners will cause no inconvenience to anyone if closed for a distance of 381 feet. If closed for a distance of 581, there will be some inconvenience to the Dalton property at the corner of Gemmell and Thomas. Utility easements should be reserved. Given under our hands this 21 day of February, 1978. /s/ DANIEL C. BELL J. H. WHITE CURTIS C. JORDAN Town Manager Marshall advised there had been no objection on the part of Mr. Early Aust and Mr. Alan Groseclose, adjoining property owners, provided the same consideration be given to their property adjoining Mr. McCarthy's. PUBLIC Mayor Ratcliff advised Council would be happy to hear any- HEARD ON one who wished to speak either for or against the closing of a CLOSING portion of this street. s~.~ Duane Dalton, who owns Lots 48 and 49 in that area, stated he felt the street should be opened all the way through. Early Aust stated he had no objections to the closing of Gemmell Avenue but would want to be treated in the same way with CLOSING regard to the property owned by him in the area. REQUEST At this point there was considerable discussion and looking REF . TO at maps prepared by the Engineering Staff concerning a rezoning re- STREET quest of Claremont Corporation, a matter on which Mr. Roop and Mr. COMMITTEE Hopkins were present, but at this time had not been presented to 6152 February 21, 1978 Council, but was to be considered when the Town Manager made his report. As a result of this discussion as to owner- REFERRED TO ship of certain lots, Councilman Neblett moved that the matter STREET COMM. of closing a portion of Gemmell Avenue be ref erred to the Street Committee to clarify the property owners in the area and to further consider several points presented at this meeting.. The motion was seconded by Councilman House, and carried. Following this discussion by Council and Mr. Roop and Mr. Hopkins relative to their request for rezoning a portion of land CLAREMONT CORP.REQ. on and parallel to Bob White Ploulevard, Councilman Graham moved FOR REZONING REF. TO that the request of Claremont Corporation for rezoning of a tract PLANNING COMMISSION of land from R-2 to B-2, be referred to the Town Planning Commiss- ion for their study and written report to the Council. Motion was seconded by Councilman House, and carried on the following vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M. Neblett, Jr.-aye As Chairman of the Nominating Committee, Councilman Hickam reported it was the recommendation of the Committee that Town Attorney Moore be authorized to prepare a Resolution for NOMINATING COMMITTEE Council's consideration reappointing and appointing members to RECOMMENDS APPOINTMENTS the various Committees of Council, as follows: TO VAR. COMMS. Trustees to Cemetery Trust Fund Reappoint Woodson S. Cummings for another three year term, his term to expire March 1, 1981. Recreation Commission Reappoint Richard C. McMillan for three years, term to ex- pire January 1, 1981. Reappoint Betty Sadler for three years, term to expire January 1, 1981. Appoint Gene Stuart and Mason Vaughan, Jr. to replace John Freeman and John Croslin, respectively, for three year term, to expire January 1, 1981. Beautification Committee Appoint Muriel Hyde to fill the unexpired term of Mrs. J. B. Fenwick, whose term expires March 1, 1979. Appoint Dr. Carol Pratt. to fill the unexpired term of I. D. Long, whose term expires March 1, 1979. 6153 February 21, 1978 Pulaski Redevelopment & Housing Authorit Reappoint Philip M. Sadler for four year term, to expire February 15, 1982. Industrial Development Authority Reappoint William H. Elmore and Billy B. Flint for another four year term, to expire April 13, 1982. Motion was seconded by Councilman Clark, and carried on the following vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - aye Bob J.-Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M. Neblett, Jr.- aye As the Town's representative to the New River Valley Planning District Commission, Councilman Graham reported that the Commission is GRAHAM REPORTS FOR NRVPDC developing work sessions for the coming year, and if the Council have any work programs they wish to be included, they should let them be known. Councilman Graham also reported that a letter had been received NEWBERN HGTS. concerning the water pressure problem in Newbern Heights, and asked LETTER RE: WATER PRESSURE that copies of the letter be sent to the other members of Council. PROBLEM Councilman Graham advised that some few months ago Council authorized the Town Manager and his staff to submit a grant application to HUD for a 100% funded Community Development Block Grant to conduct REPORT ON three diff Brent much needed projects for the Town - the Housing HOUSING REHABILITATI-Rehabilitation Program; to prepare the plans and install a water line ON PROGRAM and construct a storage tank in the area northwest of the town and to conduct a complete study of the town's water system both inside and outside the corporate limits. Mr. Graham stated the Committee has gone w er this with the Town Manager and staff and since the Housing Rehabilitation Program has been started, need to start the water system study, which is much needed TOWN MGR. by the Town and will provide considerable base inf ormation on the ex- TO SIGN CONTRACT fisting system and also what will be needed to make corrections in areas WITH WILEY & WILSON both inside and outside the corporate limits. Mr. Graham stated this RE:GRANT FOR WATER work is covered under a 100% Community Development Block Grant and moved STUDY AND CONSTR. that the Town Manager be authorized to execute a contract between Wiley & Wilson, Consulting Engineers, to conduct the study, the cost of which not to exceed $65,000., and prepare the plans for the line 6154 February 21, 1978 extension in Thaxton Road and construction of a water tank on Robin- son Tract Road. Motion was seconded by Councilman Neble tt, and carried on the following vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - aye Bob J. C-lark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M.Neblett,Jr. - aye Councilman Brockmeyer had no report. Councilman Johnston advised that the Land, Building and Cemetery Committee had met on the 16th and discussed several LAND & BUILDING projects which had been ref erred to it, but no recommendation COMMITTEE REPORT could be made at this time. Mr. Johnston stated the Engineer- ing Department is drawing plans for Pinehurst Cemetery and hope to have a report on this soon. Councilman House had no report. Councilman CL3rk stated he understood the Town had an ex- EXCELLENT cellent basketball program going on and there seemed to be no BASKETBALL PROGRAM objection to the fees charged as set by Council recently. Mr. Clark stated there seems to be considerable interest in the basket- bal l pr ogram. Councilman Meadows stated he had no report, but that the Town Attorney had prepared ordinances establishing new utility rates to be taxed under Chapter 9; and an increase in water and sewer service rates, and Council should consider the adoption of these ordinances at this meeting. The two ordinances were ADOPTION OF UTILITY TAX read by Town Manager Marshall. ORD . FR . 5% to 10% Councilman House stated a public hearing had been held on these matters and 'moved the adoption of the- ordinances to increase utility consumer tax from 5% to 10% to be effective March 1, 1978 and apply to utilities billed on or after the first of April, 1978. The motion was seconded by Councilman Brockmeyer, and carried on the following vote: C. William Hiskam, Jr., - aye William A. House - aye Andrew L. Graham, Jr. - abstained Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M. Neblett, Jr.-aye i~ February 21, 1978 AN ORDINANCE TO AMEND AND RE-ENACT SECTION 9-31 OF ARTICLE VI, CHAPTER 9 OF PULASKI TOWN CODE, ESTABLISHING RATES TO BE LEVIED UNDER THIS SECTION OF THE UTILITY CONSUMER TAX ORDINANCE 6155 BE UT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in Regular Session on the 21st day of February, 1978, that Section 9-31 of Chapter 9 of the Town Code be, and it is hereby amended and re-enacted, establishing new utility rates to be taxed under Chapter 9. CHAPTER 9 ARTICLE VI - UTILITY CONSUMER TAX, RATES, PROCEDURE, PENALTY, ETC. Section 9 - 31, Levies; rates. There is hereby imposed and levied by the Town upon each and every purchaser of a utility service a tax in the amount of ten per cent (10%) of the charge, exclusive of any federal tax thereon, subject to the limitations hereinafter set out, made by the seller against the purchaser UTILITY with respect to each utility service; said tax in every case shall be collected by the seller from the purchaser and shall be paid by the TAX purchaser unto the seller for the use of the town at the time the purchase price or such charge shall become due and payable under the ORDINANCE agreement between the purchaser and the seller. Provided, that in case any monthly bill submitted by any seller for residential electric, gas or telephone utility service shall exceed $15.00 for a residential user, there shall be no tax computed on so much of such bill as shall exceed Fifteen Dollars ($15.00). In case any monthly bill submitted by any seller for a commercial or industrial user of electric, gas or telephone utility service shall exceed Two Hundred Fifty Dollars ($250.00), there shall be no tax computed on so much of~such bill as shall exceed Two Hundred Fifty Dollars ($250.00). In case a bill is submitted by the seller for purchases made by the user during periods of greater than one month, then the amount of such bill subject to taxation hereunder shall be the amount in which a bill for the subject utility would be taxed in a single month multiplied by the number of months for which such bill is submitted. This ordinance shall become effective on the 1st day of March, 1978, and shall apply to utilities billed on and after the 1st day of April, 1978. ADOPTED this 21st day of February, 1978, by recorded vote of Council. Councilman House moved that the ordinance increasing the basic ORDINANCE TO INCR. water and sewer rate by $1.00 for in-town service and $1.50 for outside BASIC WATER & SEWER service, be adopted effective March 1, 1978, on water consumer-after RATE March 1st and billed April 1, 1978. Motion was seconded by Councilman Neblett, and carried on the foll C. William Hickam, Jr. Andrew L. Graham, Jr. Blair B. Brockmeyer John A. Johnston owing vo - aye - aye - aye - aye te: William A. House - aye Bob J. Clark - aye Arthur L. Meadows - aye James M. Neblett, Jr.-aye 6156 February 21, 1978 AN ORDINANCE TO AMEND SECTIONS 29-14.1, 29-15.2, and 29-17 AND TO RE-ENACT AS AMENDED, AND TO RE-ENACT SECTION 29-16 OF THE CODE OF THE TOWN OF PULASKI, VIRGINIA, ESTABLISHING WATER RATES ANli CHARGES. BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in Regular Session on this 21st day of February, 1978, that the following sections of Chapter 29, Be, and they are hereby amended and re-enacted as follows: Section 29-13. REPEALED. (By Ord. April, 1977) Section 29-14.1 Charges for Water Service Generally. (a) Consumers other than those subject to the provisions of Secti on 29-15.1 within the corporate limits of the Town shall pay for wate r purchased from the Town at the following rate: First: 3,000 gallons minimum $4.50 Next 20,000 gallons $0,40 cents per thousand gals. Next 200,000 gallons 0,35 cents per thousand gals. Next 777,000 gallons 0,30 cents per thousand gals. Over 1,000,000 gallons 0.25 cents oer thousand gals. (b) Consumers in the same category as sub-section (a) above, but are outside the corporate limits who purchase water directly from the Town shall pay for the water at the following rate: WATER & First 3,000 gallons minimum $6,75 SEWER ORD. Next 20,000 gallons 0.60 cents per thousand gals. Next 200,000 gallons 0.52.-1/2 cents per thous. gals. RATE INCREASE Next 777,000 gallons 0.45-1/2 cents per thous.gals. Over 1,000,000 gallons 0.37-1/2 cents per thous. gals. Section 29-15.3 Water Rates for multi-family dwelling units and trailer or mobile home parks, commercial and business buildings The following policy is hereby established for rates and, billing procedure for multi-family units, trailers or mobile homes, commercial and business buildings where water used is measured by only one meter and the entire amount due is billed to and paid by the owner or others for all the facilities contained within the multi- family unit, trailer, or mobile home park, commercial and business buildings. 1 (a) Meters - new construction Owners, lessees, buildings, person, persons or corporations, constructing and operating multi-family housing units, trailers or mobile home parks, commercial and business buildings, of ter the effective date of this ordinance, shall have the option to install separate water meters for each unit or other separate facility therein or for each trailer or mobile home within a park, and pay the water charge applicable to single-dwelling units, or if they pref er, they may install one water meter for the multi-family units, trailer or mobile home park, commercial and business buildings and pay water rates as established by this section for multi-family units, etc. (b) Meters - Existing construction Owners, lessees, builders, person, persons or corporations, who now own or operate multi-family mousing units, trailers or mobile home parks, commercial and business buildings and pay all the water charges theref or through one master meter shall elect within one (1) year from the effective date of this ordinance, by notice in writing to the Town Manager, whether they will continue to use one master meter and pay the rate herein established for payment oP water measured by such meter or install separate meters for each unit, facility, trailer or mobile home, commercial or business building and be billed and pay charges applicable to single dwelling units for each such unit. February 21, 1978 615 (c) Cost basis of separate meters installed In the event consumers referred to in sub-sections (a) and (b) above who now own or operate multi-family housing units, trailers, commercial or business buildings, etc., elect to install separate meters for each such unit or facility, the Town shall charge them the actual cost for said meter and labor, if any, which charge shall not exceed the charge for Town connections as set out in Section. 29-9 of this Article. (d) Rates for master meter charges - within Town Consumers within the corporate limits who elect to use one meter, shall pay water charges for multi-family housing units, trailers and mobile homes in a park, commercial and business buildings, as follows: Minimum rates for the first 3,000 gallons or any part thereof used by a unit shall be $4.50 for the first unit, and $2.00 for each unit thereaf ter. Total rate to be paid shall be determined as follows: WATER & Step No. 1: The total number of gallons of water for the SEWER RATE period measured by the master meter shall be determined. If the INCREASE total number of gallons does not exceed the total number of units ~ ORDINANCE (together with other separately measured facilities within the building or park), multiplied by the 3,000 gallons (Minimum), apply only the minimum rate to each unit. Step No. 2: (a) If the total number of gallons calculated in Step No. 1 exceeds the total number of units (multiplied by 3,000 gallons), spply the minimum rate for the first 3,000 gallons, plus the additional rates on the number of gallons of water used in each bracket determined at the rate and in the manner provided in 2(b). The total water charge due for the period, minimum plus the additional, amount from each bracket shall be set out and billed as one statement. (b) Additional rates of gallons used above 3,000 gallons to consumers inside of Town corporate limits Rates to be applied on the number of gallons above the minimum of 3,000 gallons per unit shall be as follows: Divide the total number of gallons used between 3,001 gallons and 23,000 gallons, by the number of units and multiply each 1,000 gallons or part thereof by .40 cents. Divide the total number of gallons used between 23,001 gallons and 223,000 gallons, by the number of units and multiply each 1,000 gallons or part thereof by .35 cents. Divide the total number of gallons used between 223,001. gallons and 1,003,000 gallons, by the number of units and multiply each 1,000 gallons or part thereof by .30 cents. Over 1,003,000 gallons divided by number of units and multiply by .25 cents per 1,000 gallons or part thereof. (c) Rates applicable outside corporate limits Consumers or water users outside the corporate limits shall pay water charges for multi-f amily housing units, trailer and mobile homes in a park, commercial and business buildings where owners or other elect to use one meter, as follows: 61~g February 21, 1978 Apply Step No. 1 and No. 2 above to outside users with the exception that the minimum rate for 3,000 gallons for the first unit shall be $6.75, and $3.00 for each unit thereafter. (d) Apply the same formula established in Step No. 2 (b) above to determine the number of thousand gallons in each bracket. The rate to be charged in each of the four brackets shall be as follows: Rates for gallons used above the 3,000 gallons for each unit: Divide the total number of gallons between 3,001 and 23,000 by the number of units, and multiply each 1,000 gallons or WATER & SEWER part thereof by .60 cents. RATE INCREASE ORDINANCE Divide the total number of gallons between 23,001 and 223,000 by the number of units, and multiply each 1,000 gallons or part thereof by .52-1/2 cents. Divide the total number of gallons between 223,001 and 1,003,000 by the number of units, and multiply each 1,000 gallons or part thereof by .45-1/2 cents. Over 1,003,000 gallons divided by number of units and multiplied by .37-1/2 cents per 1,000 gallons or part thereof . Section 29-16. Sale of water by the tank or truck load. Nothing in this article shall be construed to prohibit the sale by the Town of water by the tank or truck load from any hydrant of the Town, at such rate as may be established by the council by general resolution.,:. Section 29-17. Bills for water service generally; when payment required. There shall be mailed to each water customer a statement of• the amount due from such customer for water service during the billing period, including delinquent bills, penalties or fees, if any. Billing for water at the meter rate shall be by the month in accordance with the consumption of water for the preceding month. Section 29-18 REPEALED (By Ord. April, 1977) This Ordinance shall become effective on March 1, 1978, Water used after March 1, 1978, for which consumer is billed in April and thereafter shall be charged at the rate herein pr ovided. Councilman House moved that the revenue from the increase in the water and sewer rates for the next two years be used towards the REVENUE FROM Town's matching share ($176,000) of the Infiltration/Inflow Grant WATER & SEWER RATE INCR. from the Appalachian Regional Commission. Motion was seconded by Council- TO BE USED FOR ($176,000)man Brockmeyer, and carried on the following vote: MATCHING ARC FUNDS C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M. Neblett,Jr. - aye Councilman Neblett had no report. Town Manager Marshall advised Council that notice had been H. C. GREGORY received from Clayton Gregory, Superintendent of Plants, that he TO RETIRE APRIL 1, desires to retire April 1, 1978. Town Manager Marshall, Councilman 1978 J 1 Graham and Mayor Ratcliff expressed their regrets and directed that February 21, 1978 ~~~~~ Mayor Ratcliff advised Council would then consider Councilman C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M. Neblett, Jr.-aye the Town Attorney draw a proper Resolution, by motion of Councilman Graham, seconded by Councilman Johnston, and carried on the following vote: Brockmeyer's request to discuss a tax revision for senior citizens. Councilman Brockmeyer stated that for the past two or three years it seems that the Town has been in a financial pinch and each time FINANCE increased service rates have been adopted and he felt this worked a COMMITTEE TO STUDY hardship on the elderly and people with fixed incomes. Councilman OVERALL TAX STRUCTURE Brockmeyer moved that the Finance Committee study the tax situation for citizens 65 and over with income of less than $75000. Motion was seconded by Councilman Clark. A substitute motion was made by Councilman Hickam that the 1 Finance Committee study the overall question of tax for the elderly as well as a study of the whole tax structure. Motion was seconded by Councilman Brockmeyer, and carried on the following vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M. Neblett, Jr .- aye Mayor Ratcliff advised a study has been ~a.de on this matter ADJOURNMENT and recommendations were made based on tax ref lief for senior citizens and used by other cities, which could be a guideline for the Council. At 8:40 P. M. Councilman Clark moved that Council adjourn. Motion was seconded by Councilman Graham, and carried. APPROVED: ATTEST: --`~fif ~~ia t '`r F` ~ ~'1 E - ' ~t ~ /' t ~ ~ ,~ / Clerk of council /, n ~%~ Mayor Ratc iff j