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HomeMy WebLinkAbout12-21-76 Minutes of the regular meeting of the Pulaski Town Council held December 21, 1976 at 7:00 P, M. in the Council Chambers in the Municipal Building. There were present: Raymond F. Ratcliff, presiding. Councilmen: Bob J. Clark, John A. Johnston, Blair B. Br~ckmeyer, Andrew L. Graham, James M. Neblett, William A. House, C. William Hickam, Jr. Absent: Councilman Art Also present: Town Manager: Clerk: Town Attorney: Town Engineer: Bldg. Inspector: hur L. Meadows. J. E. Marshall Gladys R.,Dalton Garnett S. Moore H. R, Coake Joyce Johnstone Visitors: J. R. Schrader, Jane Graham, Mrs. Chas. Settle, and Gordon Dixon, NRVDCommission, and approximately 15 citizens Mayor Ratcliff asked that a moment of silence be observed in FORMER respect for C. Robert Edens, former Mayor of the Town of Pulaski, who MAYOR EDEN DIES died of a heart attack on Monday, December 20th, after which Councilman Johnston gave the invocation. Minutes of the meeting of December 6th were approved as recorded. 1 Mayor Ratcliff stated Council would hold its public hearing at that time, as had been advertised in the local newspaper, for the purpose of determining the number of public vehicles, taxicabs and for hire cars for which Certificates shall be issued for the calendat year 1977 as well as to determine to whom such Certificates would be issued. Mayor Ratcliff PUBLIC HEARING advised that Council would be glad to hear any one who wished to speak ON TAXI CERTIFICATES on the matter. Estel V. Davis, t/a E. V. Davis Cabs, advised Council that he had made application for one Certificate for 1977. Town Manager Marshall stated applications had been received for twenty-f our (24) Certificates, which is the same number of Certificates ni J authorized for 1976, from Estel V. Davis - One; Chas. Warren Matherly - 21 CERTIFICATES ISSUED Five, and Elzie Lee Turman - Eighteen. Mr. Marshall further reported that the Police Department's report on taxicab operations had been received. He also stated that Blue and White Cab Company, who were issued 18 Certificates for 1976, was contacted and was advised that only 17 cabs were in operation. Also, Deluxe Cabs was contacted and was advised that only three cabs were in operation, they being holders of five Certificates. E. V. Davis Cabs, holder of one Certificate, was also t._~,~ ~ c~1 December 21, 1976 contacted and that cab was in operation. Mr. Marshall stated that in view of the past year's operation of only twenty-one (21) cabs, it appears this meets the needs at this time and should the Taxi business increase, the Council could issue others at that time. Mr. Marshall recommended that twenty-one (21) Certificates of Necessity and Convenience be issued for 1977, as follows: E. V. Davis Cabs - One; Deluxe Cabs - Three (3); and Blue and White Cabs - Seventeen (17). Councilman House moved that twenty-one (2L) Certificates of Necessity and Convenience be issued for the year 1977, as follows: 21 CERTIFICATES ISSUED 17 to Blue & White Cabs; 3 to Deluxe Cabs and one (1) to E. V. Davis Cabs. 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 - aye Blair B. Brockmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye Council held its public hearing, as required, in the filing of its preapplication and application with the Department of Housing and ~7rban Development, for a Community Development Block Grant for the PUBLIC HEARING ON CDB GRANTf ollowing projects: Pulaski Community Development Housing Project; APPLICATION Bridge Replacements, and Water System Projects. Town Manager Marshall reported that, as required, the Town Planning Commission held its public hearing on the CDB Grant on December 14, 1976, For the benefit of those citizens present, Town Manager Marshall and Mayor RatcLiff gave a detailed explanation of the aspects of the Community Development AND Block Grant. Letters were received from residents of the Thaxton Road area, who are interested in obtaining water service for that area, ADOPTION and said letters will be filed with the Town's application to HUD. The following Resolution authorizing the Town Manager or his OF authorized representative, to file a preapplication and application RESOLUTION for the CDB Grant, was adopted on motion of Councilman Graham, seconded by Councilman Clark, and carried on the following re- corded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye s December 21, 1976 R R C i'1T .i TT T P1N ~~-~_~ WHEREAS, the Community Development Block Grants program administered by the Department of Housing 8~ Urban Development provides for one hundred percent (100%) direct grants to local units of government, and WHEREAS, the Town Council of the Town of Pulaski, Virginia, is desirous of filing a preapplication and application for the following projects: (1~) Pulaski Community Development Housing CDBGRANT project, (2) Bridge Replacement Project. and (3) Water System Projects. RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF PULASKI' meeting in regular session on this the 21st day of December, 1976, that the Town Manager, or his authorized representa- tive, is hereby authorized to file a preapplication and application for said grant. ADOPTED this 21st day of December, 1976. The next item of business was the public hearing on the request of Continental CATV of Virginia, Incorporated, to transfer its Franchise.to Dublin Associates, Inc. Tom McCarthy, Attorney for Dublin Associates, Inc., presented PUBLIC background information on the three parties involved in the new operation, and states it was the desire of Continental CATV that HEARING Council approve the Franchise transfer to Dublin Associates, Inc.; the ON REQUEST signing of a "Consent" to be used as security in financing the trans- action and also that the expiration date of the Franchise be extended FOR TRANSFER from July 21, 1979 to December 31, 1986, to cover the date of the OF TV FRAN- loan by Dublin Associates, Inc. CHISE Councilman Johnston and Councilman House expressed their concern about the service to be rendered by Dublin Associates, Inc. inasmuch as no evidence of this service had been presented by them, and in view of the recent rate increase request which was granted by Council, it was felt that Council should have some kind of a document as to what the new owners of the Franchise intended to do. Members. of the Dublin Associates, Inc. stated they would be operating under Federal Communications regula- ORDINANCE tions and there would be n o deviation from the present service of ADOPTED Continental CATV. Town Attorney Moore read the Ordinance granting the transfer of the GRANTING Franchise and on motion of Councilman Brockmeyer, seconded by Councilman TRANSFER Clark, and carried on the following recorded vote, the following ordinance was adopted: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye ~`~~.p ~ December 21, 1976 AN ORDINANCE TO TRANSFER THE TOWN OF PULASKI CATV FRANCHISE FROM CONTINENTAL CATV OF VIRGINIA, INC., TO DUBLIN ASSOCIATES, A LIMITED PARTNERSHIP, AND TO PROVIDE CONDITIONS OF SAID TRANSFER AND PAYMENT OF FEE WHEREAS, Continental CATV of Virginia, Inc., a subsidiary of Vikoa, Inc., proposes to sell its rights under the Pulaski franchise to Dublin Associates, a limited partnetship, by agree- ment dated 197 and together with Continental CATV, Inc., jointly requested the Town of Pulaski to transf er the CATV franchise from Continental CATV to Dublin Associates, a limited partnership; and WHEREAS, it appears to the Council of the Town of Pulaski, Virginia, that said agreement tot ransfer has been made .in good faith, and that the Transf eree is a new company composed of men with experience in CATV operations. and of good reputation, and that the rights of none of the citizens of the Town of Pulaski, Virginia, will CATV be prejudiced thereby; FRANCHISE BE IT, THEREFORE, ORDAINED by the Council of the Town of ORDINANCE pulaski, Virginia, meeting in regular session on this the 21st day of December, 1976, that: ADOPTED (1) The transfer of said franchise from Continental CATV of Virginia, Inc. (a subsidiary of Vikoa, Inc.) be, and the same is hereby approved, ratified and confirmed, subject to the following: 1. The filing of a copy of the purchase agreement dated 1976, and a certification of both parties that the sale and transf er provided therein has been completed, together with the financial and personal data of the parties requested by the Town. 2. That Dublin Associates comply with the provisions of Section 11 and other applicable sections of said franchise concerning filings, etc. 3. That Dublin Associates, nor any of its agents or employees, shall undertake a dealership or sales outlet for the commercial sale of television sets and/or other television equipment, nor shall they undertake, or establish a business to do any repair or service work on television sets, aerials or other television equipment not owned by the Dublin Associates. 4. That Dublin Associates, at the proper time, shall agree to any amendements to the said franchise made necessary or desirable by any rulings cf the Federal Communications Commission or by the actions, or laws passsed by the Congress of the United States, or the Town of Pulaski, Virginia. 5. That Dublin Associates pay to the Town of Pulaski, Virginia, two per cent (2~) of its annual gross revenue or the sum of Two Hundred Dollars ($200.00), whichever is greater, together with the costs of these proceedings. 6. The Transf eree shall abide by and keep all the provisions of the Franchise Ordinance, and shall give the bond therein required by said Ordinance. ADOPTED this 21st day of December, 1976. Mr. McCarthy stated that Dublin Associates, Inc. needed HEARING TO Council's consent for extending the date of the Franchise from BE HELD ON July 21, 1979 to December 31, 1986 in the financing of the R EQ . FOR EXTENSION transf er, and presented a written consent for Council's approval. OF FRANCHISE u December 21, 1976 ~-~ -r -~ ~~ Councilman Hickam moved that at this time consideration be given to the inf ormation concerned, and that the loan be properly filed prior to the time of Council's consent for extension of the Franchise. The motion was seconded by Councilman Brookmeyer, and carried on the following recorded-vote: C. William Hickam, Jr. - aye Andrew L. Graham - aye Blair B. Brookmeyer - aye John A. Johnston - aye William A. House - aye Bob J. Clark - aye Arthur L. Meadows - absent James M. Neblett - aye Town Attorney Moore presented to Council NOTICE that the Town of NOTICE AND ORDINANCE TO BE PUBLISHED Pulaski invites bids for the extension of the Pulaski Cable TV Franchise to be granted by Ordinance, which bids are to be in writing and delivered to the presiding officer of the said Council at an open session of Council to be held on the 18th day of January, 1977 at 7:30 P. M., together with an ORDINANCE proposing the extension of the present Franchise for the operation and maintenance of a community television system in the Town of Pulaski, Virginia, from July 21, 1979 through December 31, 1986, and inviting bids therefor. On motion of Councilman Clark the Notice and Ordinance as presented by Town Attorney Moore, and which must appear in the local newspaper for four consecutive weeks, was adopted. The motion was seconded by Councilman Brookmeyer, and ON EXTENSION carried on the following recorded vote: OF FRANCHISE C. William Hickam, Jr. - aye William A. House - aye DATE Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brookmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye NOTICE TAKE NOTICE that the Town of Pulaski, Pulaski County, Virginia, hereby invites bids for the extension of the Pulaski Cable TV Franchise to be granted by Ordinance and as summarized in the following in the following Ordinance duly passed by the Council and approved by the Mayor on the 21st day of December, 1976, which bids are to be in writing and delivered to the presiding officer of the Council of said Town in open session to be held in Council Chambers in the Municipal Building of said Town on the 18th day of January, 1977, at 7:30 P. M., the right being reserved to reject any and all bids. AN ORDINANCE PROPOSING TO EXTEND THE PRESENT FRANCHISE FOR THE OPERATION AND MAINTENANCE OF A COMMUNITY TELEVISION SYSTEM IN THE TOWN OF PULASKI, VIRGINIA, FROM JULY 21, 1979, TI~ROUGH DECEMBER 31, 1986, AND INVITING BIDS THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: That the present franchise granted on July 21, 1964, for a period of fifteen years for permission to operate and maintain a i-* .~'~'^' ~_~ December 21, 1976 community television system with all rights incident thereto, on, along, over, upon and under the streets and other public places of said Town, subject to the conditions as hereinafter set forth and as more specifically set out in full in the original Ordinance to be found in the Office of the Town Manager. in the .Municipal Building, Pulaski, Virginia, BE, and the same is hereby proposed to be extended from July 21, 1979, through December 31, 1986, and that Written Bids addressed and delivered to the Mayor of said Town are Hereb Invited and Will Be Received on the 18th day of January, 1977, at 7:30 P. M., for the extension of existing CATV Franchise. Upon the passage of this Ordinance and its approval by the Mayor of said Town, the Clerk of the Council thereof is hereby dir- ected to cause this Ordinance to be published once a week for Four successive weeks in The Southwest Times, a newspaper published in the Town of Pulaski, Virginia, with circulation in the County of Pulaski, Virginia, prior to the said I8th day of January, 1977; the cost of said advertisement and aLI expenses of this procedure to be paid by the Town of Pulaski, Virginia, which cost shall be reimbursed by the person, company, or corporation to whom the grant of such franchise is finally made, if made. The right to reject any and all bids is hereby expressly reserved by said Town. The ORDINANCE granting said Franchise now in full force and effect within the Town and to be extended from July 21, 1979, through December 31, 1986, and for which extended period bids will be received on the day and hour of oresaid, and if extended, shall be substantially as shown in the Franchise Ordinance in the Town Manager's Office in the Municipal Building in Pulaski, Virginia, and summarized as f oliows: BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, That: An Ordinance Granting an Extension to the Existing Franchise to its Successors and Assigns, To Use the Streets, and Other Public Places in the Town of Pulaski, Virginia, to Operate and Maintain a Community Television System; Setting Forth Conditions Accompanying the Grant of Franchise; Providing for Town Regulation and Use of the Community Television System; and Prescribing Penalties for the Violation of its Provisions. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, that: Section 1. Short Title. This Ordinance shall be known and may be cited as the "Pulaski CATV Franchise Ordinance". Section 2. Definitions. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include., the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 2-1 "Town"is the Town of Pulaski. 1 2-2 "Grantee" is the Dublin Associates, a Limited Partnership, present holder of said Franchise., or any one who succeeds Dublin Associates in accordance with-the }provisions of this Franchise. r---, ~,, , .~ ~-~ ~' ~.~ December 21, 1976 2-3 "Council" is the Town Council of the Town of Pulaski. 2-4 "Persons" is any person, firm, partnership, association, corporation, company or organization of any kind. 2-5 "Community Antenna Television System", herein- after referred to as "CATV System" or "System", means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and transmit them to subscribers for a fee. Section 3. Grant of Authority. There is hereby granted by the Town to f or an extended period from July 21, 1979, through December 31, 1986, the right and privilege to continue to operate or to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto in the Town, on poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures, and to use poles, wires, cables and other facilities of persons, providing consent is obtained from such persons, necessary for the maintenance and operation in the Town of a community Television system for the interception, sale and distribution of television and radio signals. 3-1 Non-Exclusive Grant. The right to use and occupy said streets, alleys, public ways and places, or the facilities of other places for the purposes herein set forth shall not be excluded, and the Town reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of this Franchise. Section 4. Company Liability - Indemnification. Section 5. Compliance with Applicable Laws and Ordinances. Section 6. Territorial Areas Involved. Section 7. Color TV. Section 8. Signal Quality Requirements. Section 9. Operation and Maintenance of System. Section 10, Rules and Reeulations Governing Operation. Section L1. Pr.ogram Alteration. Section 12. Service to Schools. Section 13. Emergency Use of Facilities. Section 14. Other Business Activities. Section 15. Promulgation of Rules. Section 16. Safety Requirements. Section 17. Conditions on Street Occupancy. (17.1) Use. (•17.2) Restoration. (17.3) Relocation. (17.4) Placement of Fixtures. (17.5) Temporary Removal of Wire for Building Moving. (17.6) Tree trimming. ~~t { ~ ~ -~' ~'~"'-~ December 21 , 1976 Section 18. Pref erential or Discriminatory Practices Prohibited. Section 19. Removal of Facilities Upon Request. Section 20. Extension Policy.. Section 21. Transf er of Franchise. Section 22. Town Rights in Franchise. (22.1) Town Rules. (22.2) Use of System by Town. (22.3) Supervision and Inspection. (22.4) Procedure after Termination or Revocation. (22.5) Right of Acquisition by the Town. Section 23. Payment to the Town. Section 24. Rates. (24.1) Savings to Customers. Section 25. Records and Reports. Section 26. Term of Franchise. .The Franchise and rights herein granted under the provisions of this Ordinance shall take effect and be in force from and after the final passage thereof, as provided by law and upon filing of acceptance and all other instruments required herein by the Grantee with the Town Clerk, and shall continue in force and effect for a term of years after the effective date of this Franchise. Provided., that if an accep- tance is not filed within 120 days or the system authorized hereunder is not in operation and service begun within months after the acceptance date, the provisions of the Franchise shall be null and void. Section 27. Publication Costs. Section 28. Further Agreement and Waiver by Grantee. Section 29. Separably.. Section 30. Penalties. Councilman Graham reported the Utilities Committee had met and considered the proposed ordinance which Town Manager Marshall had presented to members of the Council regarding rate changes for high water users and multi-family customers. Mr. Graham stated it PUBLIC HEARING TO was felt the ordinance should be adopted after Council holds a public BE HELD ON WATER hearing on same, and moved that February 1, 1977 at 4:00 P. M. be RATE CHANGE set for a public hearing on the proposed ordinance. The motion was seconded by Councilman Neblett, and carried on the following re- corded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye r ~~~-- t_~.;~ ~a'Da December 21, 1976 Councilman Brockmeyer had no report. Councilman Johnston had no report. Councilman House reported that according to a new Act of Congress Revenue Sharing Funds will be continued and the Town expects to receive $40,000 between now and June 30, 1977. Mr. House reported the Finance Committee has discussed this and it was necessary to incorporate plans for the $40,000 into the Town's budget for the fiscal year 1976-77. Mr. COUNCIL House stated it was proposed to increase Account ~~4041, Pump Station INCORPORATES PLANS FOR Screen from $30,500 to $36,500 (by $6,000); Add line item for Infiltration/ $40,000 REV. SH. Inflow Removal Account ~k4059 by $14,200; Add Line item for Fire Training FUNDS TO BE RECD Tower in the amount of $6,000; Add line item for Truck or Truck Replace- ments - Public Works, by $11,000; and add Line .item for Portable Radio Equipment for Police Department by $2,000 - making a total of $40,000. Mr. House stated the Finance Committee had no objections to these in- creases and recommended the revision to the 1976-77 budget be approved, and so moved. The motion was seconded by Councilman Neblett, and carried on the following recorded vote: C. William Hickam, Jr. Andrew L. Graham Blair B. Brockmeyer John A. Johnston Councilman Clark reported aye aye aye aye the William A. House - aye Bob J. Clark - aye Arthur L. Meadows - absent James M. Neblett - aye tecreation Committee .had met and reviewed the plans for renovating the old Municipal Building for a Senior Citizen Center, and asked Town Manager Marshall, H. B. Coake, Engineer and Joyce Johnstone, Building Inspector, to present the plans to the Council. RENOVATION PLANS VIEWED Drawings showing the renovation to the inside of the old Municipal BY COUNCIL OF OLD MUN.BLDG.Building were presented and Town Manager Marshall stated it was necessary that Council approve the plans which will then be submitted to the State TOWN MGR . ASKS Agency on Aging for evaluation and approval. Councilman Clark stated the APPROVAL OF PROJECT BY Recreation Committee recommended the approval of the project at a cost of COUNCIL - OPPOSITION - $20,000 federal funds, and $5,000 inkind for Town's share, and plans be AND SUBSTITUTE submitted to the State Agency for approval, and so moved. The motion was MOTION CARRIES seconded by Councilman Brockmeyer. Councilman Graham opposed the motion of Councilman Clark, and stated he had no evidence to come to the conclusion this is what the Council should do, and stated further that he felt Council needed dollar figures bef ore voting on it, certainly he needed dollar figures bef ore he could vote. r.- ~~ ~ 4~,~~~ December 21, 1976 Councilman Johnston stated he did not believe the $20,000 federal funds, plus $5,000 inkind from the Town would be sufficient to renovate and equip the building. Town Manager Marshall advised that Council was only being asked to approve the plan concept so the plans could be sent to the State Agency on Aging to see if they meet the needs and requirements for a Senior Center, and in no way was Council committing itself at this time. Councilman Hickam made a substitute motion that the Plans be submitted to the State Agency on Aging for their evaluation SUBSTITUTE MOTION ON and conditional approval, subject to the final determination of the PLANS FOR SENIB?R CITIZEN cost. The motion was seconded by Councilman Clark, and carried on CENTER the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye Councilman Graham moved the plans for renovating the old Municipal Building for a Senior Center be turned over to the Land TO BE REF . TO LAND & BUILDING and Building Committee to determine the cost. The motion was COMMITTEE seconded by Councilman Brockmeyer, and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye B-lair B. Brockmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye Councilman Neblett had no report. Mayor Ratcliff advised that he had been requested by Council on September 21st to contact Archa Vaughan, Chairman of the Pulaski County Board of Supervisors, and the Mayor. of Dublin, to determine MAYOR'S REPORT ON if they had an interest in consolidating the three governing bodies - CONTACTS WITH COUNTY & Pulaski County, Town of Dublin and Town of Pulaski, and if they had TOWN OF DUBLIN OFFICIALS RE: had an interest in sharing in the cost of consolidation. He CONS OL IDATI ON further stated that, after discussing it with Mr. Vaughan, Mr. Vaughan stated he could not speak for the members of the Board, but felt they would be willing to consider it. Mayor Ratcliff stated he also talked with Mayor Jackson at Dublin, who stated he could not speak for the members of the Council but they would be happy to consider a f ormal request from the Pulaski Town Council. Mayor r-~F~ - December 21, 1976 ~-~ ~~`-~-.~ Ratcliff stated there seemed to be a great deal of interest in con- solidation by members of the Council and it may be that the Council will want to pursue it further. Councilman Neblett moved a f ormal letter be sent to the two governing bodies - Pulaski County Board of Supervisors and Town of Dublin - for a discussion of the matter. The motion was seconded LETTERS by Councilman Brockmeyer. RE: CONSOLIDATION Councilman House stated he felt this was the wrong approach and would vote "no". Councilman Johnston stated he was neither for or against consolidation, but felt Council should find out the facts and merits of consolidation. The following .recorded vote was taken: C. William Hickam, Jr. - aye William ~'. House - no Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye Mayor Ratcliff read a letter from Carl Hanks of the Y. M. C.A, requesting an exclusion from payment of the Town utility tax on electric, gas and telephone service on the grounds that it is a tax- exempt, non-profit organization and that this tax makes it more difficult for the YMCA to operate on a balanced budget. The letter further stated that from an examination of their records, it would YMCA REQ, appear that the tax will 'amount to approximately $336.00 in 1977, EXCLUSION FROM UTILITYand from reading the ordinance it appeared that local, state and TAX„ REF . TO ORD. federal governmental bodies are excluded from the tax as well as COMM. churches. Councilman House moved that the letter from Mr. Hanks be answered, stating there are no exceptions or exclusions. The motion was seconded by Councilman Graham. After some discussion, Councilman Brockmeyer moved the letter of request be ref erred to the Ordinance Committee for further study. The ~' motion was seconded by Councilman Hickam, and the following vote was taken on the substitute motion: C. William Hickam, Jr. - aye Andrew L, Graham - no Blair B. Brockmeyer - aye John A. Johnston - aye William A. House - no Bob J. Clark - no Arthur L. Meadows - absent James M.Neblett - no Councilman House and Councilman Graham. then withdrew their original ,. motion and second. r~~~,~._ t~~"J~~r-~ December 21, 1976 Mayor Ratcliff reported a citizen's co~-plaint relative to a DANGEROUS INTERSECTION dangerous intersection at Monroe Avenue and Route LI at: the Pulaski RT. 11, & 5TH ST. Furniture entrance. Mayor Ratcliff reported the Pulaski County Board of Supervisors at their meeting on December 16th talked about the possibility of the County negotiating with the Town the possibility SANITATION COMMITTEE of using the Town's landfill. Councilman Neblett moved that this TO CONSIDER USE BY be referred to the Sanitation and Pollution Committee for their PULASKI CO. OF TOWN review and comments - costwise~ - as soon as possible. The motion LANDFILL was seconded by Councilman Clark and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur Z.. Meadows - absent John A. Johnston - aye James M. Neblett - aye Town Manager Marshall reported that. some few months ago when the Town applied for an NPDES Permit, the question came up as to whether the Town would need some type permit from the Federal Power NO REPORT Commission or from the Corps of Engineers with regards to the dis- ON NPDES PERMIT charge in Claytor Lake. We have sent our application to the Corps APPLICATION of Engineers based on the data from the Consulting Engineers and we hope to have some answer to that in the not too distant future. The Federal Power Commission has been contacted but we have not gotten any response as yet: Town Manager Marshall stated proposal for the Town's RESOLUTION Affirmative Action Program along with a Resolution was sent to each ADOPTED Councilman recently for their review and study. Town Manager RE: AFFIRMATIVE ` ACTION Marshall recommended the adoption of the Resolution in order that PROGRAM the program can be implemented and meet certain requirements of the Community Development Block Grant Program under which the Sewer Grant was obtained. Councilman Neblett moved that the Resolution be adopted. The motion was seconded by Councilman Brockmeyer, and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett - aye December 21, 1976 R RCf1T.TTTTTITT WHEREAS, the Town of Pulaski is in accord with legislation which prohibits job discrimination due to age, race, color, national origin, sex or physically handicapped, and WHEREAS, it is appropriate for the Town of Pulaski to set an example of equal employment opportunity in its hiring and jog practices, and WHEREAS, it is also appropriate for the Town Council of the Town of Pulaski to institute an Affirmative Action Program for the Town. NOW, THEREFORE, BE IT RESOLVED, that the Town of Pulaski RESOLUTION undertake an Affirmative Action Program, to promote employment by the Town of persons that traditionally have had limited job opportunities with the Town, and BE IT FURTHER RESOLVED., that the Town adopts the attached plan for implementing an Affirmative Action Program. Adopted this 21st .day of December, 1976. There being no further business of Council, at 9:30 P. M. Councilman Neblett moved that Council adjourn. The motion was seconded by Councilman Brockmeyer, and carried. t.~~{~u APPROVED: _~ ~: `~ ~ ~ ~ : Mayor Ratcliff ATTEST: Clerk o Council