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HomeMy WebLinkAbout06-17-69-~+ Council - Minutes of the regular meeting of the Pulaski Town Council., held June. 17: 1969, in the Municipal office Building ~at 4:00 P . M. ~ _ _ There were p~reseat: Mayor. C._Robert Edens, presiding. Councilmen: S. G. Frye, Raymond F. Ratcliff, W. $. House, Glen K. Aust, J. H. White, Mason A.Vaughan, A. L. Graham Absent: W. D. Macgill, Jr. Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: J. J. Bryant, Southwest Times reporter John Columbus, Jr. WPUV Radio Station The invocation was given by Councilman House. The minutes of the regular meeting of June 3rd were approved, as recorded. Council again considered the application of Orville Bragg and Donald Gibbs for permission to place house trailers on lots off Dora Highway. Town Manager Marshall advised Council TRAILER APELICS.that water service is not available to the Bragg lot, and to APPROVED install a siz inch line, approximately 410 feet, would cost approximately $1654.00. It was brought out that an old Virginia Iron Coal and Coke Company water line has been supplying some houses in this area, but that the line is old and badly in need of repairs. Mr. Gibbs sreported that this water line is close by his lot and he could connect to it. Mr. Bragg stated he would drill a well if the Town cannot supply water service. Council- man Aust moved that the two applications be approved, which motion was seconded by Councilman Frye, and carried. Councilman House then moved that the water system (VICCCo) STUDY OF VICCCO. for this area be studied and report made to Council. The motion was WATER SYSTEM BE MADE & REPORT seconded by Councilman Vaughan, and carried. TO COUNCIL Town Attorney Moore read to Council an ordinance to establish a House Board of Adjustments and Appeals, providing for ORDINANCE ESTABLIS. HOUSE BD.OF the appointment of five membert~: their term of office and penalty ADJUSTMENTS & APPEALS f or violation of said ordinance. Councilman Frye moved that the BRAGG & GIBBS 1 ~ ~. Council mans. contd. /17/69 maximum fine be set at $500.00 for the conviction of any violation of the ordinance, and that the ordinance be adopted. The motion was seconded by Councilman Aust, and carried on the following voter Raymond F. Ratcliff - aye J H. White - aye Wm. A. House - aye A. L. Graham - aye Glen K. Aust - aye Mason A. Vaughan - aye S. G. Faye - .aye W. D. Macgill - absent AN ORDINANCE TO ESTABLISH A HOUSING BOARD OF ADJUSTMENT .AND APPEal.s, PROVIDE FO1t APPOINT- MENT OF MEMBERS THEREOF, TERMS OF CI~'FICE, QUORUM, PROCEDURE, APPEALS, TIME LIMITS For APPEALS, VARIATION, MODIFICATIONS, DECISIONS, VIOLATIONS AND PENALTIES, AND VALIDITY THERE- OF . BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, in regular-session on this the 17th day of June, 1969, that: 1. .Appointment: ORDINANCE There is hereby established by the Council of the Town ESTABLISHING of Pulaski, a Board to be called the Housing Board of Adjust- ment and Appeals, which shall consist of filre members; this HOUSING BD. Board shall be composed of one realtor, one physician, one architect, one dngineer or general contractor, one building OF A~ISTMENTS materials dealer, and one member at large from the home owners & APPEALS of the Town of Pulaski. No-official of the Town of Pulaski, either elected or appointed shall be eligible for appointment to the Board. 2. Terms of Office: Of the members first appointed, twcr, shall be appointed for a term of one year; two, for a term~af two years; one, for a term of three years; and, thereafter, each shall be appointed for terms of four years; vacancies shall be filled for the unexpires term by the Council as soon as practicable after said vacancy occurs. Member`s may be reappointed to succeed themselves. The ctintinued abs'ence'of any member from the regular meetings of the Board shall render any such memoer-liable to immediate removal from office by the Council of the Town of Pulaski, Virginia. 3, uorum: Three lrle4nber's of the Board shall constitute a quorum. In varying• application- of amy pr'ovisi'ons of the Housing Code, or in modifying an order of the Building Inspector or other proper officials, affirmative votes of the majority present, but not less than~'three'affirmative votes, shall be required. No Board member shall act in a case in which he has a personal interest. 4. Procedure:. '' (a') Members of the Board '~~s soon as practicable after their ~appointment• shall meet- and organise the Board. They shall el"ect•from its own membership its-officers, who shall serve an- n~~l terms as-such, and may succeed-themselves. They shall elect a~ chairman, a vice-chairman, and- a secretary. ~~~ Council mans. contd. 6/17/69 (b) The Board shall keep a full public record of its proceedings and shall submit a report of its activities to the Council of the Town of Pulaski, at Least once each year.. The Board shall establish rules and regulations, and may alter and rescind them for its own procedure, not in- consistent with the provisions of the Housing Code, or with any other Code or Ordinance of the Town of Pulaski, Virginia. The Board shall meet at regular intervals, the date and time of such meeting shall be determined by the Board, but in any event, the Board shall meet within ten days after notice of appeal has been received. (c)- Within the limits of funds .appropriated by the Council of the Town of Pulaski, bhe Board may employ or contract for secretarial services. The members of the Board shall not receive any compensation for their services, but may receive our-of-pocket expenses, if so directed by the Council of the Town of Pulaski, The Town shall provide a place for the Board to meet and ne_cessary..stationery.and office supplies. 5. Appeals . -. _ Time Limit (a) Whenever it is alleged that the true intent and ORDINANCE meaning of the Housing Code of Pulaski, or any of the regulations thereunder have .been misconstrued or wrongly, interpreted, the owner or duly authorized agent may appeal from the decision of CONTINUES the Building Inspector or other officials of said Town to the Housing Board of Adjustments and Appeals. Notice of appeals shall be in writing and filed with the secretary of the Board within thirty days after the decision is rendered by the building official. (b) In case of a building or structure which, in the opinion of the Building Inspector_or other official, is unsafe or dangerous, the Building Inspector may, in his order, limit the time for such appeal to the time provided in the Ordinance of the said Town fox. removal of unsafe buildings, if said Ordinance requires a shorter time than that herein provided. Appeals hereunder shall be on forms provided by the Building Inspector. "6. Decisions of the HgusinQ Board of Adjustment and Appeals.-.Variations.- Mod7-fications,. (a)._The_Housing $oard of .Adjustment and .Appeals, when so appealed to, and after a hearing, may vary the application of any .provision of the Housing Code to any particular case when, in its opinion the enf orcement thereof would do manifest in- justice „ and. would be contrary to, the spirit-and purpose of this code, or to public interests., or, when in its opinion, the interpretation of the Building Inspector or other official should be modified or reversed. (b) A decision of the Housing Board of Adjustment and Appeals to vary the application of any provision of the Housing Code, or to modify an order of the Building Inspector, shall. specify in what manner such variation, or modification, is made, the conditions upon which it is made, and the reasons theref or. 7. Decisions: (a) Every decision of the Housing Board of Adjustment and Appeals shall be final, subject, however, to such remedy as any aggrieved party might have at law, or in equity. It shall be in writing, and shall. indicate. the vote upon the decision. Every decision shall be made a part of the permanent records of the Board, and a copy promptly filed in the Office of the Building Inspector, and with the Town Manager; and said record shall be available to public inspection at convenient and reasonable times. Council rains. contd.6717/69 A certified copy shall be sentby mail, or otherwise delivered to the person noting the appeal and to his attorney or duly authorized agent, and.a copy shall be kept posted in the office of the Building Inspector for two weeks after filing. (b) The Housing Board of. Adjustment and Appeals shall in every case reach a decision without unreasonable or un- necessary delay. (c) If a decision of the Housing Board of Adjustment and Appeals reverse or modifies a refusal order or disallowance of the Building Inspector,. or varies the application of any provisions of the Housing Code, the Building Inspector shall immediately take action in accordance with such decision. 8. Violations and Penalties: ORDINANCE Any person, firm, corporation, or agent who shall violate a provision of the Housing Code, or fail to comply therewith, CONTINUES or with any of the requirements thereof, or who shall erect, construct, alter, demolish, or move any structure, or has erected, constructed or altered, repaired, moved, or demolished a building or structure in violation of the Housing Code shall be builty of a misdemeanor; each such person shall be deemed guilty of a separate offense for each and every day or portion thereof, during which any violation of any of the provisions of the Housing Code is committed or contineud; and upon conviction of any such violation, such person shall be punished by a fine not exceeding Five Hundred Dollars. 9. Validity: If any section, subsection, clause, sentence, or phrase of this Ordinance is for any ream held to be unconstitutional, such decision shall not effect the validity of the remaining portions ~ this code.. Councilman Aust moved that the following persons be appointed to serve on the Housing Board of Adjustments and Appeals, all of whom have been contacted and agreed to serve: R. G. Fizer, member at large one year term Robt. J. Dobyns, Engineer one year term Geo. W. Galloway, Jr., Contractor two year term Dr. Chas. G. Fox, Physician two year term E. O. King, Realtor three year term Town Attorney Moore advised-that at the last meeting of Council he h ad.been instructed to prepare a resolution opposing the TAX EX$MPT elimination of the tax exempt status now enjoyed by States, Municipalities FED BONDS and Counties in the sale of their bonds. Mr. Moore read the Resolution to RESOLUTION Council and on motion of Councilman Ratcliff, seconled by Councilman Aust, ADOPTED and carried, the following resolution was adopted: .~ Council mins. contd. 6/17/69 WHEREAS, for many years the Federal tax structure has been such as to allow as a tax exemption the income received from State, Municipal and County bonds; and, WHEREAS-, b:y.r~eason of. said exemptiony the State, MuniCipalites,.and C:©unties:have:been-ablg-to sehl their bonds a't a lower. rate "of interest; aiid thus save many thousands of dollars, which they have applied and used upon the much needed services required by the people of this State, and especially those who live within the '' municipal boundaries; and, WHEREAS, if said tax exemption for income on bonds is~eliininated, the:State;.Municipal, and County governments will find themselves with less funds available to them than exists today, and,~at=a~time when there is a critical need for additional funds, wa`uld,~be called n~p:on-.to.:raise tax rates, - just' to'maintain. their present pos.°-ti.on.: NOW, THEREFORE, BE IT .RESOLVED b_y,the Council of the Town of Pulaski, Virginia, meeting in regular session on the 17th day of June, i969, that,: (1) Harry F.Byrd, Jr, and W. B. Spong, Jr., Senators of the State: of Vrgirifia, anal a.ll the: members of the House of., Rep.resentat.ives~ of.: the, State-:of Virginia, be advised that the Town- of Pulaski opposes:--the. elimination of the tax exempt status now off orded their bonds, and respectfully requests the Federal'G:overnment to continue the: .law allowing exemption on bond income at a time when local government is faced with the many problems calling for greater sums for the-much needed operating and capital improvements subjects. [; BE IT FURTHER RESOLVED, that this Resolution be spread upon the minutes of this meeting and a copy thereof be sent to the of orementioned Senators and Congressmen from the State of Virginia., ~ . ,. Town Manager Marshall advised that he had been contacted NICHOLAS FRAZIER GRANTED PER. TO PLACE TRAILER FOR STORAGE ONLY by Mrs, Nicholas Frazier regarding their application to place a house trailer at 1009 Melbourne Avenue. Mr. Marshall reported also that action by Council on the application had been withheld for further study, and that Mrs, Frazier advised they did not plan to live in the trailer but it would he used 'f or storage purposes only. On motion of Councilman Ault, seconded_by Councilman R.atcliff, and carried, it was, RESOLVED, that the application be approved for placing the trailer at the above address for storage purposes only, with the understanding no one would be allowed to live in the trailer. On another trailer application which had been pending, Councilman Vaughan moved that the application of John R. Crouse JOHN R.CROUSE to place a house trailer on Highland Terrace be approved pursuant APPLICATION TO PLACE to a stipulation of Council that the old frame dwelling be removed; TRAILER APPROVED the installation of an approved septic tank and the necessary grading of the lot. The motion was seconded by Councilman Aust, and carried. `~ ~ Town Manager Marshall presented to Council the applica- 1 Council went on record as favoring to share with the tion of Gordon L. Wilson for permission to place a house trailer ', at 7 Dora Highway, and recommended a public hearing be advertised. G . L .WILStiN TRAILER Councilman Vaughan moved that the usual procedure be followed in APPLICATQN this matter, which motion was seconded by Councilman Graham, and TO B E ADVT . carried. TOWN TO ad in the September Convention issue of the League publication, with the SHARE Iii LEAGUE MAG. Town's share being approximately $42.00, rather than take a half page ad AD WITH NRVIC as had been considered by the Council at a previous meeting. $42.00 At 5:00 P. M., Councilman Frye moved that Council go into EXECUTIWIE SESSION Council mins. contd. 6/17/79 New River Valley Industrial Commission in the expense of a full page executive session to discuss a legal matter, and the motion was seconded by Councilman White, and carried. At 5:30 P. M., on motion seconded and carried, Mayor 1 TRANSFER QF FUND6 IN BUDGET ACCOUNTS Edens declared the meeting to be in regular session. Councilman Frye moved that the transfer listed on the memorandum dated 1968-69 Budget, and made a part of these minutes, be made from the various accounts underspent to the overspent accounts. The motion was seconded by Councilman Vaughan, and carried. List follows on the following pages - 1 ~s E' x' otrs Account ~I'o. 1.A- 201 117-100-4 1D-100-4 iD-100-4 1F- 220 1 E- 39b 1E-396 1F- 220 3A-100-5 3A-413 3A-211-3 3A- 213 3A- 294 3A- 413 3A-413 3A-413 3A-413 bA-I00-13 6A-100-13 bA- 220 bA-100-13 Gr3~ ~~~ 3A-100- S 9A•2I2 9A- 219-1 9A- 249 9 207 9257 Council mins. contd. 6/17/69 __ `.1~RARAN5F E~~ 146 S- b9 ~ , To Amount Account Pio. Amount $ 20.00 1A-313 $ 20.00 150.00 1D-219-4 150.00 120.00 1D-220 120.00 50.00 1D-313 50.00 ~ . 00 ~B-~2`l8 / ~ _ 2 xo 40.00 50.00 IE-313 50.00 10.00 1E-323 10,00 30.00 1F-3I3 30.00 30.00 7A- 299 30.00 710.00 3A-zap 710.00 100.00 3A-219-4 100.0 0 20.00 3A-219-4 20.00 `-~ ?.0,00 3A-219-4 20,00 15.00 3A-299 15.00 250.00 3A-313 250.00 15+0.00 3A- 313- 2 150 , 00 ~' 50.OO 3A-332 50,00 150.00 5A-207-2 150.00 50.00 b~ 299-I 50,00 100.00 bA-302 ioo.oo 600.00 bA-320 600.00 //O • a Q' G/'j~yo7~y //d •o e, 1,000.00 9A-102 1$000,00 1,000.00 9A-101 1,000.00 1 400.00 9A-l0I 400.00 25.00 9A-101 25.00 1,000.00 9A-101 1,000.00 200,00 9A101 200.00 4~'7 Council mins. contd. 6/17/69 Page two - _ __ _- ", om ` TO count No. ~ Amount Account No. Amix~tnt 9303 b,400.00 9A-101 6,400.00 98-212 1,500.00 98-219 1,500.00 9C-101 250.00 98-302 250.00 9C-101 50.00 9B-310 50.00 10A-219.2 ~ 100.00 lOC-208 100.00 9C-101 550.00 lOC-309 550.00 lOD-299 30.00 lOD-309 30.00 11A-100-3 1,004.00 lIA-101 1,040.00 11A-212 3,500.00 liA-101 3,500.00 9153 500.00 lIA-101 500.00 9C-101 1,500.00 11A-101 1,500.00 {~ 212 1,500.00 IlA-101 1,500.00 ~~C-302 1,000.00 11A-101 1,000.00 118-808-A 1,000.00 liA-101 1,000.00 12A-818-11 150.00 12A-212 150.00 I2C-101-C 100.00 12C-101 100.00 12C-302-C 200.00 12C-208 200.00 12E-10i 400.00 - 12D-212 400.00 13-102-2 100.00 13-21b 100.00 12E- 2Q8- " 100.00 18- 2- 2I 2 100.00 19-211-12 550.00 19-211-2 550.00 19-211-12 360.00 19-213-4 3b0.00 19-211-12 210.40 19-211-5 210.00 303 4,200.00 ~ 2000 4,200.00 20? 1,040.00 2000 1,000.00 9153 100.00 9 20b 100.00 9303 4,400.04 92b2 4,400.00 9153 300.00 92b2 300.00 Council rains. contd. 6/I7/69 ~ __ _ Page Three - Frain Account No. 9 276 9207 925? Gen. Fund Surplus Gen. Fund Surplus 18A-220 18B-219-5 38C-219-1 18C-219-5 18D-~ 18C-219-5 1882-219-5 1882-219-5 Y8G-219-5 T8C-219-1 18C-310 8027 8089 18D- 219- 2 18E- 212 Water Fund Surplus Water Fund Surplus 18C-399 1 ~ 207 18D- 207 18D-212 18D- 399 Amaunt 490.00 1,300,00 zo0.ao 3,732.00 2,100.00 100.00 300.00 s5o.ao 250,00 800.00 1,400.00 100.00 50.00 2,500.00 450.00 200.00 500,00 2,000.00 2fl0.00 400.00 4,350.00 3,000.00 50.00 80.00 50,00 40,00 20.00 TQ Account No. Amount 9265 490.00 9265 1,300.00 9265 200.00 9265 3,732.00 9301 2,100.04 I8~-l0I 100.00 188-101 300.Ov i88-101 350.00 18s-lol 250.00 188-208 800.00 188-208 1s8z-212 1.,400.00 100.00 .._ 1882-309 50.00 18G-101 2,500.00 18C-212 450.00 18C-212 200.00 18C-101 500.00 18C-I01 2,000,00 I8C-l0I ~ 200.00 18C I01 400.00 18C-101 4,350.00 28C-302 3,000,00 18C-317 50.00 18C-317 80. 18D-101 50. 18D-219-5 40>00 I81?- 219- S 20.00 00 . 00 ~' Page four - 1 From To Account No. Amouut Account Na. Amount 18E-100-16 200..00 18D-302 200.00 18E-212 50.00 18D-309 50.00 18H-211-5 200.00. 18A-2II-2 200.00 Water Fund Surplus S00.00 18H-211-2 500.00 Water Fund Surplus 7.25.00 1004. 725.00 Water Fund Surplus .2,000.00 2000 2,000.00 8~ 8 o8°t J ~ ~ _ 150 , 00 8090 150.00 8089 _182.00 ~ .8091 182.00 7B-302 _ 1,50000 7~ 101 1,500.00 _' 782-219-5 600.00 78-10I 600.00 7B2-303 .475.00 7B-2I2 475,00 7B2-309 280.00 7B2-10I~ 280.00 7B2- 310 50.00 7B 2-101 ~ • ~ 7016 500.00 7s2-loi 500.00 7016 650.00 782-399 650.00 7016 100.00 2000 100.00 ., .1 _ .. f •. =~~'.d~ Council mins. contd. 6/17/69 Councilman Frye moved that the sum of $3,732.00 be appropriated from the General Fund Surplus and credited to Account 9265; that the sum of $2100.00 be appropriated from the General Fund APPROPRIATIONS BUDGET ACCTS. Surplus and transferred to Account 9301. The motion was seconded by Councilman Aust, and carried on the following vote: Raymond F. Ratcliff - aye J. H. White - aye Wm. A. House - aye A. L. Graham - aye Glen K. Aust - aye Mason A. Vaughan-aye S. G. Frye - aye W.D.Macgill, Jr.- absent Councilman Frye moved that the sum of $4,450.00 be appropriated from the Water Fund Surplus and credited to Account APPROPRIATIONS No• 18C-LOl; that the sum of $3,000.00 be appropriated from the BUDGET ACCTS. Water Fund Surplus and credited to Account No. 18C-302; that the sum of $500.00 be appropriated from the Water Fund Surplus and transf erred to Account No. 18H-211-2; that the sum of $725.00 be transferred from Water Fund Surplus and credited to Account No. 1004; that the sum of $2,000.00 be appropriated from the Water Fund Surplus and credited to Account No. 2000. The motion was seconded by Councilman Aust, and carried on the following vote: Raymond F. Ratcliff - aye Wm. A. House - aye Glen K. Aust - aye S. G. Frye - aye J. H. White - aye A. L. Graham - aye Mason A.Vaughan - aye W. D.Macgill, Jr.- absent There being no further business, the meeting adjourned at 6:00 P. M. APPROVED: ~ - C.~~ Mayor ATTEST: ~, ;~ ~' i ~ ~' ~ ~>( ~ ~ "Clerk of"Council 1