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HomeMy WebLinkAbout11-19-745s~~ Minutes of the regular meeting of the Pulaski Town Council, held .November 19, 1974 at 7:00 P. M. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: Bob J. Clark, Andrew L. Graham, Arthur L. Mead©ws, Blair B. Brockmeyer, James M. Neblett, Mason A. Vaughan, C. William Hickam Absent: Councilman William A. House Also present: Town Attorney: Garnett S. Moore Clerk: Gladys R. Dalton Visitors: Fourteen (14) Citizens Mayor Leo Jackson of Dublin, Virginia The invocation was given by Councilman Meadows. The minutes of November 4 were approved as recorded. Mayor Ratcliff advised that it was the time and place, as had been advertised in the local newspaper, to hold a public hearing on the application of Frank R. Thompson to place a mobile home on a lot located at 507 First Street, S. E. No one spoke either for or against the application for placing,- a trailer at this location. FRANK R. Mayor Ratcliff reported that the Town Manager's Administrative Report THOMPSON TRAILER indicated that the lot contains 20,250 square feet, however, there is APPLICATION REF . TO located on the. lot, a single, family.. dwel l•ing.. and .tool shed, and it was ORDINANCE COMMITTEE the recommendation of the Town Manager that the application be approved subject to -the condition.•that the 1ot~be subdivided and plat re- corded. •It was~al<so indicated in.the report that Mr. Thompson is not interested in subdividing the lot. Mayor Ratcliff stated further study was needed bef ore any, action by:Council.,•and Councilman Vaughan moved that it be referred to the Ordinance Committee. The motion was seconded by Councilman Neblett, and carried.. May~ar Ratrli•ff advised .that as had been advertised in the local ~newspaper;=.this.was the_time and date to hear any citizens of the Town who ~desire~ to speak. either for or against- repealing the ordinance now PUBLIC HEARING in effect which prohibits the sale of beer and wine in the Town between ON SUNRAY SALE OF 'the hours of 12:00 P,-M. S~a.turday.and 6:00 A. M. Monday. David Wright, BEER AND WINE representing the Moose Lodge, stated it. was the desire of its members that the ordinance be .repealed;.stat-ing further ...that. purchases for ~s~~ November 19, 1974 beer and wine can be made any where in the County, and asked the Town to repeal its ordinance. No one spoke in opposition to re- pealing the ordinance. Mayor Ratcliff reported that he had been contacted by two persons who were unable to attend the meeting, and who opposed repealing the ordinance because of religious and principle reasons. Councilman Graham stated he had not been contacted by any one, either for or against, and since the County has repealed its ordinance, felt the Town should do likewise. Councilman Neblett moved that an ordinance to repeal Section 19-53 of the Pulaski Town Code on Sunday sale of beer and wine be adopted. The motion was seconded by Councilman Grajam, and carried on the following recorded vote: C. William Hickam - aye William A. House - absent Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye AN ORDINANCE TO REPEAL SEC. 19-53 OF THE PULASKI TOWN CODE ON SUNDAY SALE OF BEER AND WINE ORDINANCE REPEALING SEC. 19-53 SUNDAY BE IT ORDAINED by the Council of the Town of Pulas ki SALE OF BEER meeting in Regular session on the 19th day of November, AND WINE 1974, that: SECTION 19-53. Sunday -- Sale of Beer and Wine, providing that it shall be unlawful for any person to sell lxeer and wine, or either beer or wine, between the hours of 12:00 midnight of each Saturday and 6:00 A. M. of the following Monday, within-the Town Be and the same is hereby Repealed. This ordinance shall become effective on the 19th day of November, 1974. SIDEWALK Mrs. O. M. Duncan brought to Council's attention several COMPLAINTS locations in Town where water tends to collect on sidewalks and OF MRS. D.M. DUNCAN stated these should be corrected bef ore freezing weather. John Warf of Valley Road again appeared before Council relative to the opening of a road built in 1932 from Valley Road WARF REQ. FOR OPENING ROAD to Route ll, near the National Guard Armory. Mr. Warf FR. VALLEY RD. TO RT. ~T stated the road had been closed in recent years because of the TO BE ON AGENDA UNDER Town's landfill in that area. He further stated the Highway PENDING PROJECTS November 19, 1974 Department had made a survey and map of the road which he under- stood had been furnished to the Town. Mr. Warf stated that Capt. Johnson of the National Guard Armory in Marion had stated he would be glad to bring his force and do all the work at no cost to the Town or the State; but, of course, the Town must give permission first bef ore the work can be done. June Draper, another resident of Valley Road, spoke and advised that the road is needed for safety reasons as well, as there is no other way to get in and out of the Valley Road area, and there had been instances when the road was blocked. Mayor Ratcliff advised that the Town will be glad to review this with the State Engineer. Councilman Graham moved that the matter be continued on Council's agenda. The motion was seconded by Council- man Brockmeyer, and carried. Mayor Ratcliff stated this was the time and date fora public PUBLIC HEARINgirovide for municipal elections to be held on the first Tuesday in on CHARTER CHANGES would enterrupon their duties on: the first day of July succeeding the hearing on amending the Charter of the Town of Pulaski, and Council would be glad to hear any one, either for or against, this proposal. Mayor Ratcliff further stated that the amendment to the Charter would May and for officials to enter upon their duties upon the first day of July succeeding their election; and further provide that other officials Council's-.eleetion; aLl of which would conf orm to the present general laws~in reference to the holding of municipal elections and .the time.,officials so el.ected:.enter upom.their duties. No one spoke either for or°against the Charter amendmen;t~, and with a show of hands,: ~tb-e follosing~ count was taken: Opposed - - - - - - - - - - - - - - - None...: Favoring - - - - - - - - - - - - - - - Fourteen (14) . .,Other suggested amendments - - - - - - None Counci.iman G.raha~ reported that i was the recommendation ~1 UT. COMM. ;of the: Ut:ili.ties~ ~_ommitt.e~, that the' Town offer to the Town of Dublin RECOMMDS. SALE OF water to be f uraiahed .to the Town of Dublin f.or the next five years, WATER TO DUBLIN a~. raze .of:' forty-five cents (45C) peer : 1004 :gallons under the terms of the AT 45 ~/ 1000 g&ls. original contract, which would be an increase of 15~ per 1000 gallons. J~~~ November 19, 1974 Councilman Graham moved that Mayor Ratcliff be authorized to write LETTER TO a letter to Dublin Mayor Leo Jackson advising them of the new MAYOR JACKSON AT DUBLIN rate of forty-five cents per one thousand gallons. The RE:WATER RATE motion was seconded by Councilman Brockmeyer, and carried on the following recorded vote: C. William Hickam - aye William A. House - absent Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brookmeyer - aye Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye Mayor Leo Jackson stated that all other items in the contract would remain the same; however, he needed the letter because the rate has not been mentioned to his Council. Councilman Graham moved that the matter of a proposed road change involving North Washington Avenue and Route I1 RT. LL & WASH. AVE. HIGHWAY through Northwood and down Washington Avenue and the removal CHANGES PUT ON AGENDA & of the median strip from Fifth Street to Prospect Avenue, be COUNCIL DIRECTS placed on the agenda for immediate consideration. The motion RESOLUTION BE PREPARED was seconded by Councilman Vaughan, and carried. Councilman Graham stated there has been some publicity on this proposal and many citizens are concerned about it. It was explained that the proposal was the result of a study made in 1968; however, no action was ever taken by the Town Council on it, and Town Attorney Moore explained that the State Highway Department would have to have the approval of Council bef ore any such project could be carried out. Councilman Graham moved that the town go on record as opposing the proposal and that a proper resolution be brought to the Council at its next meeting for adoption. The motion was seconded by Councilman Meadows, and carried. Councilman Brookmeyer stated he had no report, however, SIGN RE: he made inquiry relative to the erection of the sign to protect MARQUE AT PULASKI the marque at the Pulaski Theatre, and also stated that people on THEATRE & MAIN ST. West Main Street, from Jefferson Avenue to Randolph Avenue, FLOWER BOXES would like some concrete flower boxes along the street. November 19, 1974 ~s Councilman Clark reported that it was his understanding that the Town would be granted the use of the gym at the old Central REPORT ON CENTRAL GYM School. Mayor Ratcliff reported that this had been discussed by Town Manager and County Administrator, Mr. McNichols, and an agreement would be presented to the Council. Town Attorney Moore presented the following papers as part of the proceedings in the sale of $600,000 Street Improvement Bonds of the Town of Pulaski, to be filed, as follows: (1) Certificate of Marvin G. Graham, Clerk of the Circuit Court of Pulaski, that certified copies of two resolutions adopted by the Town Council of the Town of Pulaski on September 6, 1974 had been filed in his PAPERS FILED office; (2) Clerk's certificate showing when the Town was created, IN $600,000 the population and certain other data in reference to the seal of S TR EET the Town; (3) Clerk's certificate showing terms of office of Mayors IMPROVEMENT , and Town Councilmen; (4) Certificate of J. L. Patterson, Treasurer, BOND ISSUE showing the value of real estate and other property in the Town, outstanding bonds, and the length of time the water and sewer departments have been in operation; (S) A specimen of Mayor Ratcliff's signature as well as that of Clerk Gladys R. Dalton, as were placed on the Bonds; (6) Certificate of Mayor Ratcliff and Gladys R. Dalton, Clerk of Non-Arbitrage, and no suits pending at the time of the sale, etc.; (7) Signature certificate showing official signature of Mayor and Clerk; (8) Certificate of Litigation by Mayor and Clerk; (9) Certificate of Reed, McCarthy & Giordano, Bonding Counselors, as to the validity of the sale of bonds; (LO) Town Attorney's Certificate as to the Legality of a1I the proceedings and that same is a valid obligation of the Town; (11) Copy of~statement of Reed, McCarthy & Giordana, Bonding Counselors in New York, for professional services in the matter of the issance of $600,000 Street Improvement Bonds of the Town; (12) Letter dated September 13, 1974 from Garnett S. Moore, Town Attorney, to Mr. W. H. Elmore of the Bank of Virginia, and Mrs. Mary Lou Steger of Virginia National Bank, ~~ confirming the sale of the bonds and expressing the Town's appreciation ~s~s November 19, 1974 to them for their cooperation in this matter. Councilman Vaughan ~_.-. - . ~.: , x .. ~ ~~ . , moved that the papers presented by Town Attorney Moore be filed and . _ ~ _ _. _ , made a part of the $600,000 Street Impr ovement Bond File. The .., motion was seconded by Councilman Clark, and carried. - ~ •, . • , Mayor Ratcliff stated the Town Manager's Administrative ,., ,~ .. •i~ . report }ndicated that a request had been received from Rev. ~ , .:~ James E. Hankins of the First United Methodist Church, for an aerial encroachment involving the two-way business radio -- r METHODIST . .. equipment the Church plans to install from the Church office CHURCH REQ. FOR . _ _ - , ~ , ALLEY EASSEMENT to his car. Rev. Hankins stated they proposed to erect an antenna FOR TWOWAY =: ~~-. ~..-~ - _ ... .., .. RADIO ANTENNA on a chimney at the main Church building across the alley `to . REF . TO ENGR . - , .. ; ... , MGR. & ATTY, the Church office in the Gilmer House. Councilman Graham moved that the matter be referred to the Town Engineer, Town Manager . and Town Attorney to work out the details. The motion was seconded by Councilman Neblett, and carried. Councilman Meadows inquired relative to what progress had ~ . been made by the two groups in the West Main Street and Randolph _ ,~ :: Avenue disturbance, and asked could a report be made to Council , : . . at this time. Rev. Gary Glouster, Chairman of the Committee NO REPORT ~. :. AS YET DN appointed to investigate the matter, arrived at the. meeting and STREET .. • DISTURBANCE advised that several meetings had taken place and they will RAND, AVE . & •, ~ , -. MAIN ST. continue to work on the matter. Mayor Ratcliff stated a legal matter is involved and must be discussed. On motion of Councilman Vaughan, seconded by Councilman ENERGY Neblett, and carried, Mayor Raymond F. Ratcliff was named CRISIS ; , MAYOR NAMED temporary liaison between the Town Government and the State of LIASION ~ - ;, .. Virginia's Energy Dffice relative to the energy crisis. _ ~ . ,:. , Mayor Ratcliff stated that at Council's meeting on October 22, 1974, Council approved, by voice vote, to increase COUNCIL APPROVES the budget by the sum of $7,000 in the Police Salary Account, INCR . IN BUDGET FDR and that it was necessary to reopen this for a recorded vote POLICE DEPT. BY RECORDED .inasmuch as there is money involved. Councilman Vaughan moved VOTE to reconsider the vote taken on Dctober 22nd wherein a recorded vote was not taken. Councilman Brockmeyer seconded the motion, and motion carried. Councilman Neblett moved that the sum of 1 $7,000 be appropriated from the General Fund to the Police November 19, 1974 ar~ Salary Account. The motion was seconded by Councilman Clark, and carried on the following recorded vote: C. William Hickam - aye WiL-Liam A. House - absent Andrew L. Graham - aye Bob J. Clark - aye Blair B.Brockmeyer - aye Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye At 8:15 P. M. on motion of Councilman Vaughan, seconded by EXECUTIVE Councilman Graham, and carried, Council went into executive session to SESSION discuss a legal matter concerning a pending ordinance. At 8:43 P. M. Councilman Vaughan moved that Council return to .regular session.. Motion was, seconded by Councilman Meadows, and REGULAR SESSION carried. At 8:45 P. M. Mayor Ratcliff declared Council to be in regular session and asked if there was any further business to come bef ore the Council. On motion of Councilman Vaughan, seconded by Councilman Neblett, and carried on the following recorded vote, the following resolution was adopted: -.4 C. William Hickam - aye William A. House - absent Andrew L. Graham - aye Bob J. •C lark - aye Blair B. Brockmeyer - aye Arthur L. Meadows- aye Ma's on A~~ Vaughan - aye James M. Neblett - aye • RESOLUTION RESOLUTION WHEREAS, pursuant to Resolution adopted by the Council of the Town of Pulaski, Virginia, on October 22, 1974, and RE: X~B~~P~ to notice given by publication in the Southwest Times, a newspaper published and distributed in the Town of Pulaski, CHARTER CHANGES Virginia,"as shown by the Editor's Certificate attached hereto, a Public Hearing was held in the Council Room of the Town of Pulaski, Virginia, at 7:00 o'clock P. M. on the 19th day of November, 1974; and WHEREAS, at the of oresaid public hearing fourteen (14) citizens of the Town of Pulaski. appeared and were heard both for~and aganst'the hereinafter proposed Resolution, and upon a show of hands none of the citizens opposed the said Resdlution and fourteen (14) citizens were in favor of said Resolution. The Resolution presented was as follows: BE IT RESOLVED BY THE COUNCIL OF THE TOWN DF PULASKI, VIRGINIA, meeting in regular session on the 19th day of November, 1974, that the Charter of the: Town of Pulaski, Virginia, be amended in the following manner: Section 7. Mayor and Vice Mayor. • 1. Election and term of Mayor ~~lJo November 19 , 1974 The mayor shall be elected at large by the qualified voters of the Town for a term of four years at a municipal election held for that purpose on the first Tuesday in May, 1978, and on the first Tuesday in May every four years thereafter, as provided by law, and the. person so elected shall. enter upon the discharge of the duties of the office of Mayor on the first day of July. next succeeding his or her election and shall continue in off.}ce until his or her successor is qualified. 2. No Change. 3. No change. 4. No change. 5. Vice-Mayor generally; election~of new mayor in_event: of: death, removal: or resignation of me,yor. .The council Khali-, at its first meeting after the effective date of this act, choose from. its members a .vice-mayor, who shall serve until June 30, 1978, and at its first meeting in July, 1978, and biennially there CHARTER CHANGE after, following the regular municipal election, the council shall choose one of its members as vice-mayor. The vice-mayor. shall perform the duties of the mayor during his or her absence or disability. In the event of the death, removal or resignation of the mayor, the RESOLUTION council shall appoint one of the councilmen or some other resident freeholder of the Town of Pulaski, who was qualified to vote in the last preceding municipal election, who shall serve as mayor for. the remainder of the unexpired term. Should a member of council be chosen to serve for such unexpired term, such councilman shall be deemed to have surrendered his or her, office of councilman forthwith upon qualification as mayor, and the office of such council- man shall thereupon be vacant, and the vacancy shall be filled as hereinbefore provided for the filling of such vacancies. The members of council who shall be chosen as vice- . ~ mayor shall continue to have all t:he rights, privileges, powers, duties and obligations of councilman, even when perf orming the duties of mayor during the absence or disability of the mayor of the town . Sec. 8. Councilmen. 1. Election. Councilmen shall be elected for the first time under the provisions of this Charter on the first Tuesday in May, nineteen hundred seventy-six, and on the first Tuesday in May in every two years thereafter, as herein provided. At the first election to be held under this Charter or the first Tuesday in May, nineteen hundred seventy-six, four councilmen shall be elected at large from the Town of Pulaski for a term of four years; and thereafter an election shall be held on the first Tuesday in May every two years at which time four councilmen shall be elected at large from the Town of Pulaski for a term of four years. At the first election in the Town~of Pulaski after the effective date of this Charter, and thereafter all council- men shall be elected at large from said town,. .that is to say, there shall be no designation or no reference to the election of any councilmen by wards. ~S. No Change. November 19, 1974 5700-A 3. Term of Office. The Councilmen elected as herein provided, shall enter upon the discharge of their duties of office on the first day of July next succeeding their election, and shall continue in office for a term of four years or until their successors are qualified. The terms of office for all councilmen elected after the effective date of this Charter, shall be four years, or until their successors are qualified. Sec. 10. Clerk of Council. 1. Creation of office; appointment and term of office. There is hereby created the office of clerk of Council, and such clerk shall be appointed by the council. The council shall, at its first meeting in July, 1976, after it has qualified as hereinbef ore provided, and at its first meeting in July every two years thereafter, appoint a clerk for the two year period concurrent with the two year .period for CHARTER CHANGEwhich the appointing council has been elected, but the clerk so appointed shall be deemed to serve during the pleasure of the council, with the right on the part of the council to, RESOLUTION at any time, in its sole discretion, and without any assigned reason, terminate the services of the person so appointed, and to fill the vacancy for the unexpired term. 2. No change. L Sec. 11 - Town Treasurer, continues on page 5701 1 1 1 LJ November 19, 1974 Sec. 11. Town Treasurer. ()~. 1. Creation of office; appointment and term of office. There is hereby created the office of town treasurer, and such treasurer shall be appointed by the council. The council shall, at its first meeting in July, 1976, after it has qualified as hereinabove provided and at its first meeting in July every two years thereafter, appoint a treasurer~f or the two year period for which the appointing council has been elected, but the treasurer so appointed shall be deemed to serve during the pleasure of the council, with the right on the part of the council to, at any time, in its sole discretion,. without any assigned reason, terminate the services of the person so appointed, and to fill the vacancy for the unexpired term. 2. No change. Sec. 15. Chief of Police. 1. Appointment and term of office. There is hereby created the office of chief of police, and such chief of police shall be appointed by the council. The council shall, at its first meeting in July, 1976, after it has qualified as herein- above provided, and at its first meeting in July every two years thereaf ter, appoint a chief of police for the two year period CHARTER CHANGEf or which the appointing council has been elected, but the chief of police so appointed, shall be deemed to serve during the pleasure of the council, with the right on the part of the council to, at any time in its sole discretion, and without RESOLUTION any assigned reason, terminate the services of the person so appointed and to fill the vacancy for the unexpired term. 2. No change. 3. No change. BE IT FURTHER RESOLVED that the Clerk of the Council deliver a certified copy of this Resolution to the members of the General Assembly representing Pulaski County and request them to take the apporpriate action to amend the charter of the Town of Pulaski, Virginia, as of oresaid, and in such other manner as the General Assembly shall deem it necessary in order to conf orm the charter of the Town of Pulaski to the present general law in reference to the holding of municipal elections and the time officials so ^elected enter upon their duties. Mayor Ratcliff reported that the Planning Commission has asked that we appoint members to a Citizens Committee to discuss the CITIZEN'S downtown shopping area, and thereupon appointed John Nash, Izzy COMM. APPT. Lepchitz, Bob Wallace, and J. W. Lark, Jr. FOR DOWNTOWN Ar 8:55 P. M. Councilman Brockmeyer moved that Council RENEWAL adjourn. The motion was sec onded by Councilman Clark, and carried. APPROVED: {.~~ ATTF~ST: Mayor Ratcliff ~~ / (~ ~- Clerk of ouncil