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HomeMy WebLinkAbout12-17-745'7(}9 it Minutes of the regular meeting of the Pulaski Town Council, held December 17, 1974 at 7:00 P'. M. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: Arthur L. Meadows, Bob J. Clark, Blair B.Brockmeyer Andrew L. Graham, C. William Hickam, William A. House, Mason A. Vaughan, James M. Neblett, who arrived late Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore, arriving late Visitors: J. R. Schrader, Southwest Times Jane Graham, WPUV Radio Station Debbie Hudson, WBLB Radio Station Tom McCarthy, Atty. Mrs. O. M. Duncan, Rev. Gary Gloster, Byron Charlton, Milton Clark and John A. Johnston E. V. Davis and Elzie Turman The invocation was given by Councilman Meadows. The minutes of the meeting of December 3rd were approved as 1 ~,I recorded. As required under Chapter 18 of the Taxicab and Dther Vehicles 24 TAXICAB for Hire ordinance of the Town of Pulaski., Council held its public hearing for the purpose of determining the number of public vehicles, taxicabs and for hire cars for which certificates shall be issued during CERTIFICATES the calendar year 1975 and for the further purpose of determining to whom such certificates sha1L be issued. Mayor Ratcliff stated the ISSUED Council would hear any one who wished to speak regarding the issuance of certificates. E. V. Davis of E. V. Davis Cabs thanked the Council for past favors and stated he had applied for one certificate for 1975. Town Manager Marshall reported that three applications had been filed as follows: Blue & White Cabs, Inc. for 18 certificates; E. V. Davis Cabs for one (1) certificate, and Deluxe Cabs for five (5) certificates, making a total of twenty-f our (24). Mr. Marshall further reported that an investigation by the Police Department of the operation of these three cab companies did not indicate anything unfavorable, and recommended that the number of certif icates be set at twenty-f our (24). Councilman Vaughan moved that the number of Certificates of Public Convenience mod ~'7~{l December 17, 1974 Necessity be set at twenty-f our (24) for the year 1975. The motion was seconded by Councilman Brockmeyer, and carried on the f ollow- ing recorded vote: C. William Hickam - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B, Brockmeyer - aye Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett -absent Councilman Vaughan moved that Certificates be granted as follows. Motion was seconded by Councilman House and carried: Blue & White Cabs, Inc. - - - - - - 18 E. V. Davis Cabs - - - - - - 1 Deluxe Cabs - - - - - - - 5 Total 24 Mr. Elzie Turman, owner and operator of Blue & White Cabs, TAXICAB Inc., and Charles Warren Matherly, owner and operator of Deluxe Cabs, owners and operators of twenty-three (23) of the twenty-f our OWNERS (24) certificates granted by the Council, petitioned the Council for a rate increa se, as follows: REQUEST Zone I - From 85~ to 90~ RATE INCREASE Zone II - From 90C to $1.00 Zone II I - From $I,00 to $1.15 REF. TO COMM. Zone IV - From $1.10 to $1.30 Upon the recommendation of the Town Manager, Council- man Graham moved that the request be referred to the Ordinance Committee. The motion was seconded by Councilman Vaughan, and carried. Attorney Tom McCarthy stated he had appeared bef ore ATTY.MCCARTHY REQ . C&S HOS . LICENSE TAX BE RECONSIDERED the former Council in the early spring of L974 on behalf of his client, C & S Hosiery Company, and requested that a proper category under the present License Tax Ordinance be determined for his client. Mr. McCarthy also stated he requested at that time the privilege of being present at the Ordinance Committee meeting, to which the matter was referred, but that he thought this was an oversight by the Chairman. Mr. McCarthy requested that the matter of a proper license for his client, C & S Hosiery Company, be ref erred to the proper Committee and that he and his client be allowed to appear bef ore that Committee and make a presentation to the Committee. Town Manager Marshall stated that the ~Drdinance Committee did meet and that C & S Hosiery Company had been notified by the Town Treasurer by letter of the proper ~`~~_1 December 17, 1974 category under the License Tax Ordinance. Councilman House moved that the matter be referred to the Ordinance Committee and that Mr. McCarthy. and his client be given an opportunity to appear bef ore the 'Ordinance Committee to make its presentation. The motion was seconded by Councilman Vaughan, and carried. Byron Charlton stated as c-chairman of the Citizens Review Committee (Gary Gloster, Byron Charlton, Milton Clark and John A. Johnston) appointed to investigate the matter of the disturbance on Randolph Avenue and West Main Street on September 6th, they were present CITIZENS to find out where they stand inasmuch as they had been advised they REVIEW could not interview members of the Town Police Department; that he and COMMITTEE Milton Clark are being questioned about what the Committee is doing and ASK WHY THEY they cannot divulge any inf ormation until a full report is made to the CANNOT MAKE Council. Rev. Gloster stated that the Committee had interviewed FURTHER members of the Sheriff's Department and the State Police, and would like INVESTIGATION to know why they were being held up from doing a job they were requested OF PLiL IC E to do. It was brought out that Officer John Early advised Mayor OFFICERS Ratcliff that Judge Joines had told him not to discuss the matter with & MATTER anyone until after the trial. After some discussion, it was the feeling DISCUSSED of Council that it be ascertained from the Judge what restrictions were IN EXEC . given and how soon the Committee could continue their work on the matter. SESSION Mayor Ratcliff read a report-dated October 23, 1974 to Mayor Ratcliff and Members of Council, signed by J. Gary Gloster, Co-chairman of the Citizens Review Committee, as follows: "This is to report the progress to date of the Review Committee which you established at your September 17 meeting. We have met as a committee and have begun interviews with persons involved in the events of the evening of September 6, 1974. Our Committee elected as co-chairman Mr. Byron Charlton. We will continue to interview and explore the situation and will keep you posted as to our progress. Based on our progress thus far we should be able soon to give you a date at which time we will make a final report." Councilman House moved the matter be discussed in Executive Session after the completion of the regular session, and .find a good approach to get this moving. The motion was seconded by Councilman Brockmeyer, and carried. 5'712. December 17, 1974 Councilman Hickam stated he had no report other than the marque at the Pulaski Theatre-had been hit again, but MATTER OF MARQUE did not know the extent of the damage. There was some dis- AT THEATRE REF. TO ST. COMM. cussion as to what could be done to prevent this from happening again, and Councilman House moved that it be referred to the Street Committee for further study. The motion was seconded by Councilman Brockmeyer, and carried. Councilman Graham reported that the Utilities UTILITIES COMM. Committee will meet on December 30th and a full report would TO MEET ON 30TH be furnished to Council at its next meeting. Councilman Brockmeyer stated he had no report. Councilman Vaughan reported theLand, Buildings and Parks Committee had met and hoped to have a report soon. Mr. Vaughan further stated he understood the Town had lost another LOSS OF POLICE police car, and wondered if anything had been done about it. CAR- REF . TO SAFETY COMM. RE: Town Manager Marshall'sta~ed it had been. Councilman House PROCEDURES & REPORT TO moved this be ref erred to thePublic Saf ety Committee for a COUNCIL report to be made to Council on procedures, and their recommendation on this specific subject. The motion was seconded by Councilman Brockmeyer and carried. Councilman Vaughan stated he understood the Auditor had submitted his report and as a member of the Finance Committee inquired as to when the members would be given a copy. Town AUDIT COPIES GIVEN TO TREAS. Manager Marshall stated a copy had been given to Mr. Patterson & ACCT. OFFICE; SUGGEST MEETING and the Accounting Office, and he had a copy and there was an office OF ACCOUNTANT WITH COUNCIL copy. Councilman House stated he was probably the cause of any delay on the matter as he could not give any time to it until of ter December 30th and the Town Manager had called him and advised of the report. Councilman Graham stated he felt Council should have the benefit of the report from Mr. Miller, and suggested the Chairman invite Mr. Miller after the first of the year for a full report to the Council. Councilman House stated he had no report. ~~~V December 17, 1974 Councilman Clark stated he had no report, but would comment on the Central School Gym Agreement after Town Manager CENTRAL SCHOOL Marshall made his report. GYM REPORT Councilman Meadows reported that .the Ordinance Committer had met and considered the application of Frank R. Thompson for permiss- ion to place a mobile home on First Street, Southeast, as well as the Town Manager's recommendation to Council that the application FRANK R. be approved on the condition that the lot be subdivided to provide THOMPSON TRAILER a separate lot for the mobile home. Mr. Meadows stated it was not APPLICATION DENIED the intention of Mr. Thompson to comply with this condition, and it was the recommendation of the Committee that the permit be denied. Councilman Brockaieyer moved that the recommendation of the Ordinance Committee be accepted.. The motion was seconded by Councilman House, and carried. Councilman Meadows reported that the Ordinance Committee had met, with Mr. Phil Sadler, Attorney for Blue & White Cabs, and Mr. Chas. Matherly of Deluxe Cabs being present, and disc ussed permits ORDINANCE and taxi rates. However, the rate incre ase had not been discussed COMMITTEE TO STUDY with the full Council, but this could be ref erred to the Committee REQ.FOR TAXI RATE f or a recommendation. He further stated that over a year ago some INCREASE mention was made about the installation of meters in the cabs, but because of the economic situation at present, the operators find this too expensive at this time. Town Manager Marshall read the request from Blue & White Cabs, Inc, and Deluxe Cabs, asking for a rate increase as f oLlows: Zone I - From 85C to 90C Zone II - From 90C to $1.00 Zone III - From $1.00 to $1.15 Zone IV - From $L.LO to $1.30 No action was taken by Council on the rate increase. Mayor Ratcliff stated he had been approached relative to TOWN MGR. the installation of water and sewer lines in the Second Phase of & ENGINEER TO CHECK Memorial Drive. There followed discussion relative to this, and on ON WATER & SEWER IN motion of Councilman Graham, seconded by Councilman Vaughan, and PHASE II MEMORIAL carried, it was resolved that the Town Manager and Engineer check DRIVE into this and furnish the Council with a report. ~~~~ December 17, 1974 Town Manager Marshall stated the Lease Agreement between the Town and County for the Central School gymnasium, basketball and tennis courts appeared to be a good one for both the Town and AUTHORIZED County, and without any comments from the Town Attorney, THE EXECUTION OF RENTAL recommended that the Mayor be authorized to execute same on AGREEMENT OF CENTRAL behalf of the Town. Councilman Graham so moved, and the motion SCHOOL GYM was seconded by Councilman Clark, and carried on the following recorded vote: C. William Hickam - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - absent Town Manager Mg~ash~ll reported that fofmal notices from the State Corporation Commission have been received that NOTICES OF RATE APPalachian Power Company and the C. & P. Telephone Company have INCREASES BY APC & filed requests with the Corporation Commission for rate increasds. C&P TEL. ON RECORD He stated these notices are in the Town Manager's office files IN MANAGER'S OFFICE and can be reviewed by m~~bers of Council if they so desire. Tpwn Manager Marshall reported that the Town Engineer had reviewed the aerial encroachment request from the First TOWN ATTY United Methodist Church, and the height of the antenna wire. AUTHORIZED T(1 'PREPARE above the alley would be approximately forty feet, which in no EASEMENT FOR METHODIST way would cause any problems. Mr. Marshall recommended that the CHURCH. AERIAL Town Attorney be authorized to prepare the necessary legal document for the encroachment. Councilman Clark moved that . Town Attorney Moore be authorized to prepare the necessary aerial encroachment requested by the Methodist Church. The motion was seconded by Councilman Meadows, and carried. Town Attorney Moore arrived at the meeting at this time. Town Manager Marshall reported that in 1972 Congress passed the Federal Water Pollution Control Act, covering many areas of pollution and abatement thereof, and contained within. this Act, Section 206(a), provides for reimbursement to local units of Government for certain costs that qualify for treatment 5'15 December 17, 1974 works, collector and interceptor lines that were constructed of ter 1966. Mr. Marshall stated that the only construction that does qualify POSSIBILITY as far as the Town is concerned is the Wurno Sewer Plant. Mr. Marshall OF REFUND ON stated the Town stands to be reimbursed fifty per cent (50~) of the WURNO SEWER PLANT FED. costs to the Town; however, it would be necessary that a Resolution GRANT be adopted authorizing the Town Manager to file the documents re- RESOLUTION garding the Worno Sewer Project with the Environmental Protection MUST BE Agency (EPA). On motion of Councilman Vaughan, seconded by Council- ADOPTED man Clark, and carried on the following recorded vote, the following Resolution was adopted: C. WiLLiam Hickam - aye William A. House - aye Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - absent RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE TOWN 'OF PULASKI, RESOLUTION VIRGINIA, meeting in Regular Session on December 17, 1974, that J. E. Marshall, Town Manager, is hereby authorized to execute and file all the necessary documents regard- ing the Wurno Sewer Project with the Environmental Protection Agency pursuant to Section 206(a) of the Federal Water Pollution Control Act of 1972. This resolution shall be effective upon its adoption. Town Manager Marshall reported that in July of 1974 the Town requested the Highway Department to make a f easibility study of widening Fifth Street to a f our lane facility between Washington Avenue and Peppers Ferry Road. Mr. Marshall stated the study revealed HIGHWAY that it would be possible to make this improvement, however, there DEPT . REPORT ON WIDENING would be extensive property damage. The Highway Department's study OF FIFTH ST. also indicated that if the improvements are made as requested, Fifth Street between Washington Avenue and Jefferson Avenue would be intolerable and theref ore should be improved. It was also the opinion of the Highway Department that the remaining block of Fifth Street between Jefferson Avenue and Randolph Avenue should be widened to maintain continuity.:. Mr. Marshall stated that the letter from the District Engineer also pointed out the fact that the Thoroughfare Plan of 1969 for the Town of Pulaski-had not been adopted by the Council, and recommended that if there are no objections on the part of the 5`71. December 17, 1974 Town to certain sections of the Plan, that the Town's recommendation be received and an attempt be made to reconcile the differences. Also recommended that the Thoroughfare Plan ve adopted bef ore undertaking the major project on Fifth Street. Mr. Marshall stated there are only a very few copies of the Plan gvailable, and Councilman House stated he felt the Town should request a more up todate Plan rather than the Plan of 1969 Councilman Neblett arrived at the meeting at this time. Councilman Hickam moved that the matter of the THOROUGHFARE Thoroughfare Plan be referred to the Street Committee for a PLAN REF . TO STREET COMM. review of the Plan and report back to the Council. The motion was seconded by Councilman House, and carried. Town Manager Marshall reported that the Corps of Engineers had been advised in August of this year that the Town of Pulaski was interested in pursuing the matter of channel CORPS OF ENGINEERS improvements of Peak Creek. Mr. Marshall further stated CONTACTED FOR REPORT ON that the Corpos of Engineers had recently been contacted re- PEAK CREEK STUDY lative f o a status report, and as soon as inf ormation is received it will be passed on to Council. Town Manager Marshall gave a brief report on the Virginia Municipal League meeting in Roanoke on the 10th of VA. MUN. LEAGUE MEETING IN December regarding the League's 1975 Legislative Program, ROANOKE and discussed with Council some of the items that will be coming bef ore the General Assembly in January. Town Manager Marshall reported that a final report from the two inspectors employed by the Town to insure compliance with contract specifications and work on"the Street Improvement Program, had been received; and recommended AUTHORIZID PAYMENT OF that the Council, by motion, accept the project and the said FINAL 10% ON STREET ten percent (10%) withheld for final inspection, be sent to IMPROVEMENT PROJECT the Contractor. Councilman Vaughan moved that the Black 1 1 December 17, 1974 J~~ I Topping-Street Improvements be accepted and the contractor be sent the remainder of the contract price for said improvements (80,736.00) The motion was seconded by Co the following recorded vote: C. William Hickam Andrew L. Graham Blair B. Brockmeyer Mason A. Vaughan uncilman Brockmeyer, and carried on - aye William A. House - aye - aye Bob J. Clark - aye - aye Arthur L. Meadows - aye - aye James M. Neblett - aye At 9:00 P. M. Councilman Brockmeyer moved that Council go into executive session to discuss a personnel matter and also to EXECUTIVE SESSION discuss the matter presented by the Citizens Review Committe. The a motion was seconded by Councilman Clark, and carried. At 10:00 P. M. .Councilman Graham moved, seconded by Council- ;: man Cla rk, that Council return to regular session. The motion was RETURNED carried and therewith Council returned to regular session. TO REGULAR SESSION & At 10:01 P. M. Mayor Ratcliff declared the meeting to be ADJOURNED back in regular session and inquired if there was further business to come bef ore the Council. There being none, Councilman Meadows moved, seconded by Councilman Brockmeyer, that Council adjourn. Motion was carried. Council adjourned therewith at 10:03 P. M. AFPROVED: ;; Mayor Ratcliff ' ATTEST erk o Council