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HomeMy WebLinkAbout02-17-76.r ~~-~,~ ~-~ f ~.1°:fC Minutes of the regular meeting of the Pulaski Town Council held February 17, 1976 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, James M. Neblett, Arthur L. Meadows, Mason A. Vaughan, C. William Hickam, Jr., William A. House Absent: Councilmen Bob J. Clark & Blair B. Brockmeyer Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Town Treasurer: Roger Williams Visitors: J. R. Schrader, Jane Graham, A. Dow Owens, Atty. Roy 0lverson, Curtis Hawkins, John Phillips The invocation was given by Councilman Graham. To accommodate both Town Attorney Moore and Attorney A. Dow Owens, who had another meetint to attend, Mayor Ratcliff stated Counci; would hear their report first. Town Attorney Moore advised that Council at its regular meeting on February 3rd adopted a Resolution approving an Exchange Deed dated February 3, 1976 between the Town and A. M. Welch and Neecie B. Welch, for the exchange conveyance between the parties of certain triangular parcels of land therein described, to allow for the grading of a road- MAYOR AND way into the Macgill Village Recreation area. Town Attorney Moore stated CLERK TO SIGN AGREE- MENT RE: the Deed of Exchange was in the process of being executed, and presented RELOCATION an Agreement between the Town and Arnold M. Welch and Neecie B. Welch OF WELCH , TRAILER & MACGILL in which the Town agrees to beai the exp ense of relocating a mobile home VILL. REC. AREA on the same lot of Owners at 925 Newbern Road, including the preparation of the proper foundation for the mobile home, hold-down anchors and connection to the proper utilities. Councilman Vaughan moved that the Mayor and Clerk be authorized to sign said Agreement. The motion was seconded by Councilman Graham, and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - absent Blair B. Brockmeyer -absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye ~T~ j; -- c~ r z~'c~ February 17, 1976 Town Attorney Moore explained that the matter of the request from Peal E. DeHart for vacating a portion of Monrow and Brook Avenues was continued at the last meeting of Council and since that time surveys have been made; the Viewers appointed by Council have met and were instructed by the Town Attorney on the 13th day of February, and in the presence of the Attorney for the Petitioner, Mr. A. Dow Owens, the Town Attorney and four or five citizens, the Viewers viewed the location. Mr. Moore stated the Viewers have filed their report in which they state that the closing of that portion of Monroe and Brook Avenues in question will in no way inconvenience any one, and a deed has been prepared to be signed by Mrs. DeHart conveying. to the Town of Pulaski an easement over and across her property for the portion of Monroe Avenue, INSTRUCTIONS as shown on the Latest map on her property as well as an easement TO VIEWERS f or any portion of Gateway Drive that may cross her property; and IN CLOSING further, that easements be reserved for existing utilities on the PORTION OF portion of Monroe Avenue so vacated. Mr. Moore presented for the MONROE & BROOK record "Instructions to Viewers" and "Report of Viewers" as follows: AVE. & REPORT INSTRUCTIONS TO VIEWERS OF VIEWERS Re: Town of Pulaski, Virginia Vacation and abandonment of a portion of Monroe and Brook Avenue, lying within the Town of Pulaski, Virginia, as more fully set out and described in and pursuant to Resolution of Council of January 6, 1976/ Convening of the duly appointed Viewers of said Town at 2:00 o'clock P. M., on the 13th day of February, 1976, in the office of the Town Attorney, Pulaski, Virginia. PRESENT: Garnett S. Moore, Attorney for the Town of Pulaski. Viewers: Dan C. Bell C . C . Jordan W. M. Board Viewers are hereby instructed by the said Town Attorney as follows: (1) That your 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 the portion of Monroe and Brook Avenues, set out and described in the Resolution adopted by the Town on Jauary 6, 1976, a copy being attached hereto for the purpose of describing the portion of the avenue proposed to be closed. February 17, 1976 ~`-~ / '.~ (3) You shall determine by your view and your evaluation thereof whether or not any inconvenience would be caused by the closing of the of oresaid portions of Monroe and Brook Avenues, and if any, what inconvenience would result, and to whom, from the said closing, discontinuing and vacation of the portion of the Avenue requested, as a part of the system. of streets and alleys of the Town of Pulaski, Virginia. (4) To report in writing your findings as above instructed in this matter to the Council of the Town of Pulaski, Virginia. This report is to be filed as soon as convenient after you have viewed the proposed portion of the streets to be abandoned or 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 13th day of February, 1976. /s/ GARNETT S. MOORE Attorney .f or the Town of Pulaski, Virginia REPORT bF VIEWERS Re: Town of Pulaski, Virginia Vacation and abandonment of that portion of Monroe. and Brook Avenues lying within the Town of Pulaski, Virginia, as more fully set out and described in the Resolution adopted by the Town on January 6, 1976. Petitioner: Pearl E. DeHart We, the undersigned Viewers duly appointed by Resolution of the Town of Pulaski, Virginia, adopted on the 6th day of January, 1976, convened in the Town Attorney's office at 2:00 o'clock P. M. on the 13th day of February, 1976, and at that time were given REPORT OF written instructions by the Attorney for said Town of Pulaski, Virginia, upon our duties as Viewers, the original of the VIEWERS instructions being herewith attached as a part of these pro- ceedings. MONROE AVE. After reading the instructions, the undersigned personally visited the location described in the of orementioned Resolution CLOSING and instructions, and agree that the closing of the portion of Monroe and Brook Avenues in question will inconvenience no one. Given under our hands this 13th day of February, 1976. /s/ DANIEL C. BELL W . M. BOARD CURTIS C . JORDAN Town Attorney Moore presented an Ordinance to vacate and close a certain portion of Monroe Avenue at its intersection with Gateway Drive, for Council's consideration. The Ordinance was read, and Councilman House moved the adoption of the Ordinance. The motion was seconded and carried on the following recorded vote: ~~~if; February 17, 1976 C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - absent Blair B. Brockmeyer - absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye ORDINANCE RE: CLOSING OF PORTION OF MONROE AVE. AN ORDINANCE TO VACATE AND CLOSE A CERTAIN PORTION OF MONROE AVENUE AT ITS INTERSECTION WITH GATEWAY DRIVE, IN THE TOWN OF PULASKI, ; VIRGINIA, TO RESERVE EASEMENTS FOR UTILITIES, AND TO PROVIDE FOR COSTS WHEREAS, A. Dow Owens, Attorney for Pearl E. DeHart, of Pulaski, Virginia, the owner of the land involved, by Petition requested the Council of the Town of Pulaski, Virginia, to close - a portion of Monroe Avenue at its intersection with Gateway Drive, all adjacent to Petitioner's property; and, by direction of Council in regular session, any part of Brook Avenue within the boundary of petitioner's property and not heretof ore closed was to be considered for closing along with the pending petition, and WHEREAS, upon consideration of the request, the Council appointed Daniel C. Bell, C. C. Jordan and W. M. Board as viewers, along with J. R. Glenn and Forrest W. Haley, two alternates, under provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended; that Daniel C. Bell, W. M. Board and C. C. Jordan, viewers, met on the 13th day of February, 1976, and the attorney for said Town gave them written Instructions setting out their duties; whereupon, the said viewers together with the Town Attorney and A. Dow Owens, attorney for Petitioner viewed said premises to be closed; and, the viewers filed with the Council their written report as directed, showing that in their opinion NO INCONVENIENCE would result to anyone by reason of the closing of the requested portion of Monroe Avenue; and WHEREAS, legal notice was given of the proposal and of a Public Hearing thereon to be held at 4:00 o'clock P. M. on February 3, 1976, in the Council Chambers of the Town of Pulaski, said notice given by publication in the Southwest Times, a local newspaper, on the 15th and 22nd days of January, 1976; and WHEREAS, pursuant to notice the Public Hearing was convened at 4:00 o'clock P. M. on the 3rd day of February, 1976, at which time no one opposed vacating the described portion of Monroe Avenue, however, the hearing was continued at Council's direction until the Regular Meeting of Council at 7:00 P. M. on the 17th day of February, 1976, at which time all matters came again bef ore Council, and no opposition appeared to said closing; and WHEREAS, the Council of the Town of Pulaski, Virginia, is of the opinion and so determines that no inconvenience would result by vacating and closing the portion of Monroe Avenue hereinafter described, providing Peal E. DeHart convey to the Town of Pulaski, Virginia, an easement over and across her property for the portion of Monroe Avenue as shown on the latest map on her property as well as an easement for any portion of Gateway Drive that may cross her property; and further that easements be reserved for existing utilities on the portion of Monroe Avenue herein closed; and WHEREAS, it appears to Council that Brook Avenue was closed by action of Town Council on September 4, 1902, and that no further action is necessary in ref erence to Brook Avenue on the matter pending bef ore Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting on this 17th day of February, 1976, as follows: February 17, 1976 That certain portion of an Monroe Avenue lying at its intersection with Gateway Drive and more particularly described as follows: BEGINNING at the intersection of the western boundary line of Monroe Avenue as shown on . the Official Map of the Town of Pulaski, and the southern boundary of Tract No. 1 as shown on Sproul Branch Property recorded in Deed Book 79, page 377, thence North 00 deg. 26' West 93.85 feet to the northern boundary line of Brook Avenue (f ormerly closed - 1902) as shown on the of oresaid Town map; thence North 89 degs. 34' East 59.21 feet along the northern boundary to the eastern line of Tract 1; thence south 8 deg. 35' West 90.90 feet along the east line of Tract 1 (Pearl DeHart property) to ORDINANCE the southern property line of Tract 1, thence therewith South 87 deg. 30' West 48.53 feet to the point of Beginning; it being the intention to close all that portion of Monroe Avenue as CONTINUED shown on the Official Town Map which lies within the boundary of the DeHart property West of the present Western boundary line of Monroe Avenue as shown on the Sproul Branch Property Subdivision. Be, and the same is hereby vacated and abandoned as a public way in the Town of Pulaski, Virginia, however, the Town Reserves and Excepts easements over and across the above described portion of said alley for public utilities heretof ore constructed and exist- ing thereon, and further subject to the payment of the cost in- volved in this proceedings. BE IT FURTHER ORDAINED that the Town Manager of said Town shall cause to be recorded in the Deed Books of the County of Pulaski, Virginia, located in the Clerk's Office of the said County, a copy of this ordinance, and to take any and all other steps necessary to properly place on the record the said ordinance. BE IT FURTHER ORDAINED that Daniel C. Bell, W. M. Board, and C. C. Jordan, the viewers, be paid the sum of Ten Dollars($30.00) each, for their services rendered, and that all of the other costs and expenses involved in the granting of the license be assessed against Petitioner. This Ordinance shall become effective upon passage.. And thereupon, the Mayor of the said Town of Pulaski, Virginia, upon presentation to him of said Ordinance, approved and signed the same, this 17th day of February, 1976. The minutes of the regular meeting of February 3rd were , approved as recorded. Mayor Ratcliff stated Council would, at that time, hold a ublic hearin p g, as had been advertised in the local newspaper, upon the application of C. H. Marshall, Jr. to place a mobile home at 708 ~.~ % °..~t,~ APPROVED Locust Street and would be glad to hear anyone who wished to speak C.H.MARSHALL TRAILER either for or against this request. No one spoke either for or against APPLICATION the request. Town Manager Marshall reported that the lot meets the f,, r R-', r ~ t^ L~ ~ ~~~~ February 17, 1976 minimum requirements for a house trailer, and that no objections were received from the adjacent residents. Mr. Marshall also reported the application indicated that Mr. C. H. Marshall, Jr. was not the owner of the lot, however it also stated that if the application is approved he planned to purchase it, and also remove a small building thereon. Town Manager Marshall recommended that the application be approved upon the condition that Mr. Marshall purchase the lot and remove the existing building thereon, before the trailer is placed on the lot. Councilman Vaughan so moved. The motion was seconded by Councilman Meadows, and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - absent Blair B. Brookmeyer - absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye John Phillips appeared bef ore Council and advised that he had been coaching the Little League Basketball Team, but that recently some of the schedules had been changed and neither he nor the players had been advised of these changes. Councilman House moved that Town Manager Marshall direct Mr. Bane to contact J.PHILLIPS & CURTIS the coaches of these teams whenever there is a change in the HAWKINS COMPLAINS schedule. The motion was seconded by Councilman Neblett, and RELATIVE TO OPERATION carried. OF RECREATION DEPARTMENT Curtis Hawkins made several suggestions regarding the operation of Loving Field and was advised to bring these matters to the attention of the Recreation Commission, who, in turn, would present them to the Recreation Committee of the Council for consideration and report to the Council. Roy Olverson of Locust Hill advised Council that he R.OLVERSON had been contacted relative to cleaning up lots which he owned on COMPLAINS OF GROWTH IN Slaughter Street, but that the alleys were so grown up that it ALLEY- was impossible to get a truck in to haul away debris from his lots. He was advised that Town Manager Marshall would work out some solution to this problem. Reg~orting for the Nominating Committee, Councilman Hickam moved that the Town Attorney be instructed to prepare a resolution for Council's adoption, covering the following G~ February 17, 1976 ~~ ~,'~'~ appointments and re-appointments to Committees and Commissions of Council. The motion was seconded by Councilman House, and carried. TRUSTEES TO CEMETERY TRUST FUND: W. L. Tate, term expires March 1, 1976 - re-appointed for 3 year term. RECREATION COMMISSION: Wm. J. Dalton's term expired Jan. 1, 1976, to be replaced by William R. Propst, for three year term. David Hancock's term expired Jan. 1, 1976, to be replaced by Joseph Reed, for 3 year term. RECOMMENDATION OF NOMINATIN~EAUTIFICATION COMMITTEE: COMM. FOR Term of office expires March 1, 1976, for-the following, who are VARIOUS to be re-appointed: Mrs. Virginia Kelly, I. D. Long, Mrs. APPOINTMENTS Nancy Rice (John), and Mrs. F. D. Thomas. PULASKI RE-DEVELOPMENT & HOUSING AUTHORITY: Richard A. Slaughter and R. A. Graham, Jr. terms of office expire March 1, 1976, and they are to be re-appointed.. Councilman Vaughan moved that the Town Manager be directed to take steps to advertise for sale the old Municipal Building on ADVERTISE Washington Avenue to the highest bidder, sealed bids to be opened at FOR SEALED BIDS ON 2:00 P. M, on April 1, 1976 by the Land, Parks and Building Committee, and OLD MUNICIPAL the Town reserving the right to reject any or all bids. The motion was BUILDING seconded by Councilman Graham, and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - absent Blair B. Brookmeyer - absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye Reporting for the Finance Committee, Councilman House stated that some months ago the Town embarked upon the project of installing a traffic signal on Route 99 in front of the Pulaski Mall, and $7,000 APPROP. FOR in Revenue Sharing Funds had been set up for the cost of the installa- SIGNAL LIGHT AT ti on. Later $5,500 of the $7,000 installation cost, was appropriated MALL E.MAIN ST. to Revenue Sharing Expenditure Account 4040. However, it now appears the total cost of the project will be $8,200 and it will be necessary for Council to appropriate the sum of $2,700 from Revenue Sharing Funds to Revenue Sharing Expenditure Account ~~4040 for the completion of the installation of the traffic signal, and so moved. The motion was seconded by Councilman Vaughan, and carried on the following recorded vote: C. William Hickam, Jr. - aye Andrew L. Graham - aye Blair B. Brookmeyer - absent Mason A. Vaughan - aye William A. House - aye Bob J. Clark - absent Arthur L. Meadows - aye James M. Neblett - aye ,~. ,~ ~''~ i ~~ ~ February 17, 1976 Councilman House further reported that the Public Saf ety Committee had met and discussed the need for replacing a utility truck used by the Fire Department. Mr. House stated the current truck is sixteen years old and has an eight foot body, but that at least a $6,458.00 Fire Dept. twelve foot body is needed to carry all the equipment necessary. TRUCK Councilmen House moved that an appropriation in the amount of $6,458 be made from Revenue Sharing Funds to Revenue Sharing Expenditure Account ~k4012 for the purchase of a new truck. The motion was seconded by Councilman Neblett, and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - absent Blair B. Brockmeyer - absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye Councilman House also reported that the Public Saf ety Committee had also discussed the purchase of three new police cars. Mr. House stated the 1975-76 budget carried an appropriation for the purchase of two new police cars, having estimated the cost, and $4500.00 PUR. OF it was necessary to appropriate the sum of $4500.00 from Revenue POLICE CAR 5haring~Funds to Revenue Sharing Expenditure Account ~p4005 for the purchase of one new police car, and so moved. The motion was seconded by Councilman Vaughan, and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - absent Blair B. Brockmeyer - absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye Councilman House reported that the amount of $70,000 had been appropriated for the Infiltration/Inflow Study, but it now appears that the estimated cost will reach $85,000 and it is necessary for Council to appropriate the sum of $15,000 to cover $15,000.00 the additional cost. Mr. House stated it is hoped that $12,000 of FOR I&I STUDY the $15,000 will be recovered by federal and state grants. Council- man House moved that the sum of $15,000 be appropriated from General Fund Surplus to Account ~~7013. The motion was seconded by Councilman Neblett, and carried on the following recorded vote: C. William Hickam, Jr. - aye_ William A. House - aye Andrew L. Graham -.aye Bob J. Clark - absent Blair B. Brockmeyer - absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye 4, . February 17, 1976 Councilman Meadows advised that Councilman Brookmeyer could not be present at this meeting, but had requested that Mr. Meadows ask Town Manager Marshall to make a report on the con- tainerize garbage collection proposal, as well as a report on a recent letter received from Mr. Dorer of the State Water Control Board concerning the landfill operations. Town Manager Marshall reported that a rather extensive survey has been conducted in an eff ort to develop all of the details as to the most economical system for implementing a containerise garbage collection system for the Town. Mr. Marshall stated the system will essentially utilize the present packer trucks, or the CONTAINERS TO BE USED two newest packer trucks for the emptying devices for the containers, IN NEW GARBAGE COLLECTION and under the proposal which has been reviewed by the Finance Committee, SYSTEMS the Town would purchase and supply the containers to the various individuals or businesses and have a $10.00 per month maintenance and replacement charge per container which fee would be in addition to the existing garbage collection charge per month. As to financing the TOWN MGR. proposal, Mr. Marshall stated no additional funds would be needed EXPLAINS FINANCING within the current fiscal year as the containers and attachments OF SYSTEM for the two trucks would be purchased and charged to the Equipment and Stores account for truck replacement. In addition, the cab and chassis for the replacement of the garbage packer will be purchased in the present fiscal year and budgeted in the 1976-77 fiscal year funds for the purchase of the packer to be placed on the truck - this figure for the fiscal year 1976-77 will approximate $8500, which covers the packer only inasmuch as the cab and chassis will be purchased in the current budget. Mr. Marshall stated it was felt considerable savings will be realized in this type collection system, particularly in the areas of shopping centers, apartments, large industrial stores, nurshing homes, hospitals, etc., however there are certain locations in the Town where the container system could not be used because there will not be sufficient room to maneuver the equipment. He advised that it was the recommendation to start out with six different locations utilizing thirteen containers, all being in the 8 cuibic yard size with a varying degree of frequency of pickup per week. r . t < ".-- ~"~ ~r~~ February 17, 1976 Mr. Marshall stated that under this proposal Council would need to adopt an amendment to the present ordinance to cover AMEND GARBAGE the new charge and containers. ORDINANCE Councilman Neblett moved, seconded by Councilman Graham, that the system for the new containerize solid waste disposal recommended by Town Manager Marshall be approved, and that the Town Attorney be authorized to prepare an amendment to the present ordinance relating to garbage collection. The motion carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew ~.. Graham - aye Bob J. Clark - absent Blair B. Brookmeyer - absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye Town Manager Marshall reported that a letter had been received from Mr. R. E. Dorer, Director of the Bureau of Solid Waste & Vector Control,, in which he stated the plan submitted of Pulaski's Sanitary Landfill Leachate Collection and Treatment System REPORT ON LANDFILL had been reviewed in detail, and a National Pollutant Discharge OPERATION: MEETING TO Elimination System Permit could not be obtained until all require- BE HELD WITH E.R. ments are met. A meeting with Mr. Dorer will be scheduled in the DOR ER very near future to discuss certain considerations and possibilities with respect to an alternative solution to the treatment or handling of the Leachate. On motion of Councilman House, seconded by Councilman Graham, and carried, matters outlined by Mayor Ratcliff in a letter from MATTERS TABLED Joe Kennedy, and a letter from Jan Akers, relative to "Outlook 76" to be published by the Southwest Times, were tabled. Town Manager Marshall advised that Council at its last meeting adopted an ordinance relative to out of town water and sewer RESOLUTION main extensions or construction, and said ordinance also instructed TO BE PRE- PARED the Town Manager to prepare and present a basic policy for financing INCORPORATING BASIC POL. out of town water and sewer extensions. Mr. Marshall also advised FOR F INANC . OUT OF TOWN copy of the basic policy for financing out of town water and sewer WATER & SEWER EXTENSIONS main extensions or constructions, together with Addendum I, had been furnished to each Councilman, and recommended that a Resolution be adopted incorporating the basic policy. Councilman Neblett February 17, 1976 ,~ <~~ ~ - moved that a Resolution be prepared by the Town Attorney. The motion was seconded by Councilman Meadows, and carried on the following recorded vote: C. William Hickam, Jr. - aye Andrew L. Graham - aye Blair B. Brockmeyer - absent Mason A. Vaughan - aye William A. House - aye Bob J. Clark - absent Arthur L. Meadows - aye James M. Neblett - aye Town Manager Marshall stated some several months ago a proposal regarding a holiday and leave schedule was presented to the Council, and if at all possible, he would like to get some resolution of the matter COMMITTEE TO STUDY and suggested that a committee be appointed to work with him in analyzing the PROPOSAL FOR SICK AND proposal in order that a final recommendation may be made to the Council for [ANNUAL LEAVE & adoption. Mayor Ratcliff appointed a committee of Councilman House, Meadows, HOLIDAYS Graham and Neblett to work with the Town Manager on this matter. At 9:10 P. M. Councilman Vaughan moved that Council adjourn. The motion was seconded by Councilman House, and carried. APPROVED: l / '' ~ - ~~ - Mayor Ratcliff ATTEST: ~!' Clerk o£' Council