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HomeMy WebLinkAbout01-04-72~~~4~~ Minutes of the regular meeting of the Pulaski Town Council, held January 4, 1972, at 4:00 o'clock P. M. in the Council Chambers in the Municipal Building. There were present: Mayor C. Robert Edens, presiding. Councilmen: J. L. Congrove, William A. House,,Glen K. Aust, S. G. Frye, J. H. White, Andrew L. Graham, Mason A. Vaughan Absent: Raymond F. Ratcliff. Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Esther Williams, reporter for Southwest Times Paul Dellinger, reporter for Roanoke Times E. K. Burroughs, Chief of Police Rex Willis, Building & Zoning Admr. The invocation was given by Councilman White. Minutes of the regular meeting of December 21, 1971 were approved as recorded. Mr. Herman Jones, who lives on the street known as "Lee Highway" and which runs parallel to Route,ll, beginning at the PARKING Pulaski Flower Shop and ending at Alum Springs Road, complained of ON LEE HWY cars parking on both sides of this street which makes it almost impossible at times to get in and out of his driveway. Town Manager Marshall ex- plained that parking is restricted on this street and citations have been issued to individuals, but it means constant policing on this one street. It was suggested that a different name be given to this street in an effort to clear up any confusion with Route 11 which was also known as Lee Highway. The Town Manager would check on these matters with the Town Planning Commission for a street name. Councilman Graham reported that at the last meeting of Council the matter of furnishing water to the new elementary school on Route 611 hid been placed on the agenda for a report from the Town Manager and was UTILITY ref erred to the Utilities Committee. Councilman Graham stated that the COMM. REPORT ON WATER Utilities Committee had met since that time and a proposal had been made S ERV . TO ELEM. by the Town Manager to the Committee relative to the County School Board SCHOOL which would follow the same lines as the cooperative effort between the Town and County on the sewer line to the new industry at Wurno. Mr. Graham stated that generally speaking the total Town involvement would be the ~. January 4, 1972 furnishing of equipment and labor for the installation of the line WATER and the County furnishing all materials plus any additional equipment LINE TO ELEM. that may have to be rented over and above that owned by the Town, as SCHOOL well as pay for the drilling under Route 611 to make the connection to the elementary school property. Councilman Graham reported that the Committee recommended that the Town Manager be authorized to negotiate with the Pulaski County School Board on the proposal for the water main and should it be accepted by the School Board, an agreement be drawn for approval by the entire Council, and so moved, which motion was seconded by Councilman Aust, and carried. Chairman Frye stated the Town Manager would make a report FINANCES later in the meeting on finances. Mayor Edens brought to Council's attention several letters received from the Virginia Municipal League office relative to certain matters to come bef ore the General Assembly in January and a short discussion was held on these. March 12, 1972 was designated as a possible date for the ,_ NEW MUN. dedication of the new Municipal Building, and Mayor Edens will BLDG. DEDICATED appoint certain Committees to work on this from. members of the MAR. 12 Council. Mayor Edens advised that the next Town Hall meeting would TOWN be held at 7100 o'clock P. M. on February 29th, at which time HALL MEETING public Housing would be discussed. At this point in the meeting Mayor Edens disqualified himself because of personal interest in the next matter on the EDENS DIST. agenda, and Vice-Mayor Frye assumed the Chair and conducted the PETITION mom' HWY meeting. Town Attorney Moore presented to Council and filed with VACATION the Clerk of Council the Petition of Edens Distributing Company to the Town to close and vacate a certain triangular portion of Dora Highway, a sixty foot wide street, and more particularly Located near the southwest corner of Edens Distributing Company's building, for the purpose of building thereon. A notice of application to the Council was also filed. Mr. Moore stated all legal steps had been taken in this matter and presented to Council aResolution ~~~.~~ January 4, 1972 appointing viewers and alternates to view the matter and report in writing to Council. On motion of Councilman Aust, seconded by Councilman Graham, and carried, the following resolution was adopted naming viewers: IN RE: CLOSING AND VACATING A SMALL TRIANGULAR PORTION OF THE NORTHERN PORTION OF DOAR HIGHWAY TO THE MAYOR AND MEMBERS OF THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA The undersigned respectfully petitions the Council of the Town of Pulaski, Virginia, to close and vacate a certain triangular portion of Dora Highway, a sixty (60) foot wide street, running East from Washington Ave., South, to corporate limits of Pulaski and more particular ly located near the South= west corner of Edens Distributing Co.'s building, and more particularly described as follows: BEGINNING at a point in the North line of Dora Highway, South 88 deg. 00' East 5.9 feet from an iron bar; thence with the Northern boundary line of Dora Highway 88 deg. 00' East 25,1 feet to a point near the Southwest corner of Edens Distributing Co.; thence out into the street, EDENS DIST. CO. South 77 deg. 54' West 24.3 feet to a point; thence North 12 deg. 06' West 6.1 feet to the point of BEGINNING, and being a triangular parcel of PETITION land and a part cf Dora Highway on its Northern boundary, and more particularly shown on a plat attached hereto and made a part hereof. The.. purpose for which the aforesaid described parcel is to be used by the undersigned is for the purpose of locating the Southwest corner of a Building which the undersigned proposes to build thereon. The greater portion of said building to be located on the property which belongs to the undersigned lying North of the N rthern line of Dora Highway and West of the present building of the undersigned. That all the necessary steps and procedure, including any Notices, Appointment of Viewers, etc., be conducted in this matter, and upon completion of all the required steps, that the Council by Ordinance vacate, abandon and close the portion of said street herein described, and grant a License to the under- signed to occupy said portion of Dora Highway, either with or without restriction as the Council may deem .necessary and appropriate. Your Petitioner further attaches. a copy of a Notice which was posted on the' 24th day of December,-1971, in three public places within the Town, including the Courthouse of the Circuit Court of Pulaski County, the date of posting being at least ten (10) Days prior to the filing of this Petition with said Council. That the costs of this,procedure be taxed against the Petitioner. Given under my hand this 4 day of January, 1972. EDEN DISTRIBUTING COMPANY By /s/ C. R. EDENS ~, ~ f~ January 4, 1972 NOTICE OF APPLICATION TO THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, TO CLOSE AND VACATE A TRIANGULAR PORTION OF DORA HIGHWAY, IN THE TOWN OF PULASKI, VIRGINIA TAKE NOTICE that the undersigned, by Petition,. a copy of which is attached hereto, intends to present, on the 4th day of January, 1972, or as soon thereafter as it EDENS may be heard, to the Mayor and the Council of the Town of Pulaski his Petition requesting that the Council vacate and DIST. close a certain triangular portion of Dora Highway, lying immediately on the North boundary thereof within the Town CO. of Pulaski in that portion of said Dora Highway as described as follows: APPLICATION BEGINNING at a point in the North line of Dora Highway, South 88 degs. 00' East 5.9 feet from an iron bar; thence with the Northern boundary line of Dora Highway 88 deg. 00' East 25.1 feet to a point near the Southwest corner of Edens Distributing Co.; thence out into the street South 77 deg. 54' West 24.3 feet to a point; thence North 12 deg. 06' West 6.1 feet to the point of BEGINNING, and being a triangular parcel of land and a part of Dora Highway on its Northern boundary, and more particularly shown on a plat attached hereto and made a part hereof. The Petitioner owns the land on the North side of the portion of street to be closed. Given under my hand and posted this 24th day of December, 1971, on the bulletin board at the Pulaski County .Courthouse, at the Municipal Office of the Town, and at the Pulaski Fire Department located on the north side of Jefferson Avenue, all in the Town of Pulaski, Virginia. EDENS DISTRIBUTING CO. BY /s/ C. R. EDENS R RCf1T.TTTTf1N BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, meeting in regular session on the 4th day of January, 1972, as follows: RESOLUTION WHEREAS, a Petition and Application for the closing of a small portion of Dora Highway has been filed APPO INTING with the Town of Pulaski, Virginia by Edens Distributing Co., of Pulaski, which is described as follows: VIEWERS BEGINNING at a point in the North .line of Dora Highway, South 88 deg. 00' East 5.9 feet from an iron bar; thence with the Northern boundary line of Dora Highway 88 deg. 00' East 25.1 feet to a point near the Southwest corner of Edens Dis- tributing Co.; thence out into the street, South 77 deg. 54' West 24.3 feet to a point; thence North 12 deg. 06' West 6.1 feet to the point of BEGINNING, and being a triangular parcel of ~a.nd and a part of Dora Highway on its Northern boundary, and more le.rticularly shown on a plat attached here- to and made a part hereof. WHEREAS, it appears that proper notice as required by statute has been posted in at least three places in the Town, including the Municipal Office, Pulaski Firehouse and the Courthouse of the C~cuit Court of Pulaski County, Virginia, 1 1 L.J ~" ~,~~ ~~_(_~ ~ January 4, 1972 on the 24th day of December, 1971, and at least ten (10) days have expired since the said posting; and, WHEREAS, the Council of said Town, upon viewing the Petition filed herein, finds it to be in proper order and directs it to be received and filed, and further directs that the Viewers hereinafter appointed, view the described portion of Dora Highway and that all other steps necessary be followed to bring this matter properly before the Council for its final consideration. NOW, THEREFORE, BE IT RESOLVED that: (1) The application be received and filed. VIEWERS (2) Viewers be appointed, as follows; 1. Edward L. Barr APPO INTED 2. C. C. Jordan 3. Daniel C. Bell Alternates: RE: EDENS DIST. 1. Gilmer Gannaway 2. Ray C. Simpson (3) Such VAiewers shall meet and report in writing whether in their opinion any, and if any, what, inconvenience would result from the vacation and closing of the portion of Dora Highway as requested in said Petition. (4) That the Clerk of Council give written Notice to all landowners affected by the closing of the portion of Dora Highway, and further, that said Clerk of Conncil give public notice by publication of same in the Southwest Times, a local newspaper, once a week for two consecutive weeks, and that said notice describe the said portion of Dora Highway, and set out therein that the Town May vacate and close the same, and that the 1st day of February, 1972, be fixed as a date upon which the said Council will hold a public hearing upon said matter pending before it, and that all persons interested may be heard either for or against the closing as requested in said Petition. (5~ That the said Town Manager and Attorney for said Town do any and all other things necessary for the proper determination of this matter. Town Attorney Moore presented to Council Waiver of Notice of Regular Meeting of Town Council on January 4, 1972 for the WAIVER OF purpose, in addition to its regular business, of considering the NOTICE OF borrowing of the sum of $110,000.00; $55,000.00 thereof from the MEETING Virginia National-Bank, and $55,000.00 thereof from the Peoples National TO BORROW Bank, together with an elevation of the Town's assets prepared by the $110,000. Town Treasurer. Mr. Moore also presented an Ordinance authorizing the issuance of negotiable notes of the Town of Pulaski, Virginia, in the total amount of $110,000.00 for general operating expenses and payment n ii January 4, 1972 of certain indebtedness on the Municipal Building. On motion of Councilman Frye, seconded by Councilman White, and carried on the following recorded vote, the Ordnance'was adopted as follows: Glen Aust - aye William A. House - aye S. G. Frye - aye Raymond Ratcliff - absent Andrew Graham - aye Mason A. Vaughan - aye J L. Congrove - aye J. H. White - aye WAIVER OF NOTICE OF REGULAR MEETING OF TOWN COUNCIL. We, the undersigned, duly elected members of the Council of the Town of Pulaski, Virginia, hereby waive notice of the regular meeting of,said Council at 4:00 o'clock P. M., on the 4th day of January, 1972, in the Municipal Offices of the Town of Pulaski, Virginia, for WAIVER OF the purpose, in addition to its regular business, of considering the borrowing of the.. sum of $110,000.00; NOTICE $55,000.00 thereof from the Virginia National Bank, and $55,000.00 thereof from the Peoples National Bank, and transacting any other business that may properly come before said meeting. WITNESS our signatures this 4th day of January,.. 1972. Signed: MASON A VAUGHAN :.ANDREW L . GRAHAM J. H. WHITE S. G. FRYE GLEN K. AUST WILLIAM A. HOUSE JACK L. CONGROVE RAYNDND F . RATCLIFF FINANCIAL REPORT TO THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: I, J. Lloyd Patterson, the undersigned Treasurer of the Town of Pulaski, Virginia, do certify to the Council as follows: The assessed valuation of the Real Estate in the Town TREASURER'S of Pulaski, subject to taxation as shown by the last preceding assessment of taxes is $7,253,820.00. FINANCIAL The assessment on Public Utility Property in the Town REPORT is $1,672,026.00. The assessment on Personal Property is $1,390,290.00. The assessment on personal property classified as Ma- chinery and Tools is $1,595,270.00. The total of all assessed property is $11,406.00. That the outstanding bonds or interest bearing obligations for any purpose whatsoever of the Town of Pulaski, Virginia, on June 30, 1971, were as follows: Sewer bonds (7/1/58) (Revenue) $ 697,000.00 Water bonds (7/1/58) (Revenue) 553,000.00 $1,250,000.00 a, ~~~(2 January 4, 1972 The aforesaid information concerning evluation of property is that which was submitted to the Town of Pulaski, Vir ginia, by the Commissioner of Revenue of the County of Pulaski, Vir-' ginia. Given under my hand this 4th day of January, 1972. Signed: J. LLOYD PATTERSON, Treasurer Town of Pulaski, Virginia AN ORDINANCE AUTHORIZING THE ISSUANCE OF NEGOTIABLE NOTES OF THE TOWN OF PULASKI, VIRGINIA, IN THE TOTAL AMOUNT OF $110,000.00, FOR GENERAL OPERATION FUNDS AND PAYMENT OF CERTAIN INDEBTED- NESS ON MUNICIPAL BUILDING WHEREAS, the Town of Pulaski, Virginia, needs some additional funds for its operation and has heretofore obligated itself for payment of certain sums of capital improvements; and WHEREAS, it is necessary that the Town of Pulaski, Virginia borrow the total sum of $110,000.00 in order to provide certain funds for operating expenses and General Fund obligations; and ADOPTION OF WHEREAS, the Virginia National Bank and the Peoples National Bank offered to loan the Town of Pulaski, Virginia, the ORDINANCE sum of $110,000.00 at an interest rate of four per cent (4%) per annum, the Virginia National Bank to loan $55,000.00 thereof, AUTHORIZING and the Peoples National Bank to loan $55,000..00 thereof, with interest on said loans payable semi-annually; and LOANS WHEREAS, the Treasurer of the Town of Pulaski has filed FROM TWO with Council a certificate showing the total assessed value of all property in the Town of Pulaski to be $11,911,406.00; that the assessed valuation of the Real Estate in the Town of LOCAL BANKS Pulaski, Virginia, subject to taxation is $7,253,820.00; that the assessed valuation of personal property is $1,390,290.00; that the assessment on personal property classified as machinery is $1,595,270.00; that the assessment on public utility pro- perties within the Town of Pulaski is $1,672,026.00; and that the outstanding bonds or other interest-bearing obligations for any purpose of the Town of Pulaski, Virginia, on June 30, 1971, were as follows: Sewer Bonds (Revenue)(?/1/58) $ 697,000.00 Water Bonds (Revenue)(?/1/58) 553,000.00 $1,250,000.00 all of which are self-liquidating; a copy of said certificate of the Treasurer being incorporated herein avid made a part of this ordinance; and WHEREAS, the issuance of the negotiable notes totaling $110,000.00 together with all other existing indebtedness for any purpose, will not exceed eighteen per cent (18%) of the assessed valuation of the real estate in the Town of Pulaski subject to taxation as shown by the last preceding assessment for taxes, and the indebtedness of the Town of Pulaski will therefore not exceed the limitation provided in Article VII, Section 10 of the Constitution of Virginia, or the statutes of the Commonwealth of Virginia; and ~~^.. ~_~ 4~..~ January 4, 1972 WHEREAS, this loan and this ordinance are made under the authority of and in compliance with the provisions of Article VII, Section l0 of the Constitution of Virginiam and Section 15.1-222 of the Code of Virginia of .1950, as amended, and the Charter of°the Town of-Pulaski; Vir ginia. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, that: (1) The Town of Pulaski, Virginia, duly issue its negotiable promissory notes, one in the amount of $55,000.00 dated January 4, 1972, payable to the order of Virginia National Bank, at said Bank in Pulaski, Virginia, bearing interest at the rate of four per cent (4%) per annum, said interest to be paid.-semi-annually, and the principal of said note to be payable on or before January 4, 1973; and one in the amount of $55,000.00, dated January 4, 1972, payable to the order of the Peoples National Bank, at said Bank in Pulaski, Virginia, bearing interest at the rate of four (4%) per cent per annum, said interest to be paid semi-annually, and the principal of said note to be payable on or before January 4, 1973; with right of anticipation reserved on both notes; said notes are issued under authority and in full compliance with the Constitution end the statutes of the Commonwealth of Virginia and the Charter of the Town of Pulaski , Virginia. (2) On the Town's behalf, the notes shall be signed by the Mayor of said :Town and attested by the Clerk, with the corporate- seal of the Town of Pulaski, Virginia, affixed thereto. (3) The full faith, credit and resources of the said Town of Pulaski, Virginia, and of this Council as such, be, and the same are hereby irrevocably pledged for the punctual payment of the interest and principal of said notes at maturity. Town Manager Marshall reported that the Agreement with the BLP Corporation relative to certain sewage being discharged into the Town's system had been amended: One, that the total amount of dis- AMENDMENT TO BLP CORP. charge would not exceed fifty thousand gallons per day, with rate of SEWER AGREEMENT discharge per hour into the sewer system to be antrolled by the Town, and, Two, that it is agreed that Customer's discharge may become objectionable and overburden the sewer system by reason of the B.O.D., volume of discharge as it relates to its contents, rates of discharge, AGREEMENT color, etc. Mr. Marshall asked Council to authorize the execution of ACCEPTED BY COUNCIL the Agreement. Councilman Graham moved that the Agreement dated the 21st day of September, 1971 between the Town of Pulaski, Virginia, and the BLP Corporation, as amended and presented on this the 4th day of January, 1972, be accepted and that on the part of the Town the Mayor be authorized to execute the same and the Clerk to attest it, and that completion of the contract shall be conditioned upon its execution January 4, 1972 ~~' by BLP Corporation not later than April 1, 1972, and in the event it is not executed by April 1, 1972 and Council does not extend the time of execution, the Agreement shall become null and void. The motion was seconded by Councilman Vaughan, and carried. Town Manager Marshall reported that an application with the Department of Housing and Urban Development had been filed by the Town through the New River Planning District Commission relative to funds APPLIC. TO HUD for making certain water and sewer installations and improvements in the & APPALA . REG.COMM. Town, and that in conjunction with this an application was being filed FOR FUNDS FOR SEWER with the Appalachian Regional Commission hopefully for an additional & WATER EXTENSIONStwenty percent. The Town Manager stated Council would be kept advised on these matters. Town Manager Marshall gave a report on the building permits REPORT issued for the year 1971, as well as a report of the activities of the ONBLDG. PERMITS Fire Department for the year 1971.. ISSUED A letter of resignation from Mr. William L. Tate from the Board of Zoning Appeals, as of December 31, 1971, was presented to NO ACTION ON MR. Council. It was suggested that members of Council submit their TATE' S RESIGN. recommendations at the next Council meeting for a replacement to be ON BD. OF ZONING appointed by the Circuit Court for the unexpired term of Mr. Tate as APPEALS of October 13, 1973. No action was taken by Council on this resigna- tion. Town Manager Marshall reported that a "Personnel Study" STATE DIV.relative to the development of a classification and pay plan for town OF PERSONNEL TO MAKE employees will be conducted by the State Division of Personnel. There PERSONNEL STUDY will be no costs involved for the study, and before it becomes official adoption must be made by the Council. Mr, Marshall also reported that an application from George McK.nley Ray dated December 28, 1971 had been received for the renewal APPLIC . OF GEO. of his Taxi Certificate to be considered by Council when they consider MCK.RAY FOR the renewal of Taxi Certificates. RENEWAL OF TAXI CERTIFICATE ~~: January 4, 1972 There being no further business, the meeting adjourned at 5:32 P. M. APPROVED: ,, Mayor Edens ATTEST: _~ ,~~ C1 rk of Council 1