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HomeMy WebLinkAbout04-20-71~,.~ °~ ~~~. ~ Minutes of the regular meeting of the Pulaski Town Council, held April 20, 1971, at 7:30 P. M., in the Municipal Office. There were present: Mayor C. Robert Edens, presiding. Councilmen: J. L. Congrove, Raymond F..Ratclff, Glen K. Aust, Wm. A. House, A. L. Graham, S. G. Frye, J. H. White, Mason A. Vaughan Also present: Town Attorney: Garnett S. Moore Clerk: Gladys R. Dalton Building & Zoning Admr: J. C. Slack Visitors: Jane Graham, Southwest Times reporter Joyce Gardner, WPUV Radio Station Ten (10) citizens The invocation was given by Councilman White. Minutes of the regular meeting of April 6th, special meeting of April 9th and 13th were approved as recorded. Mayor Edens advised it had been brought to the attention of Council that through error or inadvertance at the time of the adoption of the current Town Zoning Ordinance dated December 1, 1965, the area lying between he eastern boundary line of Pearce Place subdivision and Pepper's.Ferry Road, and more commonly known PUBLIC HEARING ON as the Fred Jackson Subdivision, was classified on the map as REZONING OF MATHEWS CT. Residential District R-1 and should now be re-zoned R-2. Mayor & REFERRED TO PLANNING Edens advised the public hearing was open and Council would hear any COMMISSION FOR one either for or against said proposal. RECOMMENDATION Building and Zoning Administrator, J. C: Slack, brought out the fact that the area would not qualify as R-l because of lot sizes as laid out, and through some error the area had been classi- fied as R-l on. the Zoning Map and should have been classified as R-2. Mr. J. B: Warner stated he-did not live in Mathews Court, but lived in an area adjacent thereto, and opposed the rezoning because if rezoned R-2 there. was a possibility that at some future time apartment units could be built there: On motion of~Councilman Graham, seconded by Councilman Vaughan,' and carried, it was, RESOLVEDthat the request be referred to the Town Planning.: Commission for a recommendation to Council, as provided in the ordinance. ~~ ~~~~ April 20, 1971 A public hearing was held on the application of Luther D. Woods, Jr., for permission to place a house trailer on lot on L. D. WOODS, JR HOUSE TRAILER Snyder Lane. A letter opposing the placing of this trailer on APPLICATION DENIED Snyder Lane, addressed to the Mayor and Town Council, was read by Mayor Edens. Councilman White stated that inasmuch as it has always been the policy where there is neighborhood objection to an application, the same not be approved, and so moved that a permit be denied,. Councilman Frye, and carried. The motion was seconded by A.public hearing was held on the application of James William Eads to place a house trailer on lot located off of Birch J. W. EADS Street. There appeared to be no objections to this application. HOUSE TRAILER APPLICATION Water is available and the applicant had secured a permit from APgROVED the County Health Department for a septic tank. Mr. Eads stated that just as soon as the trailer is placed on the lot the house located thereon will be removed. Councilman Aust moved that the application be ,approved, which motion was seconded by Councilman Graham, and carried. Mr. Rodney Cook, 832 Lee Highway, reported to Council, C00 K COMPLAINT OF POOR that the water pressure at his home was so low that when the water is on WATER PRESSURE REF. TO WATER downstrais it is impossible to get water on the second floor. COMMITTEE On motion of Councilman House, seconded by Councilman Vaughan, and carried, the matter was referred to the Water Committee. Mr. William Edwards and Mrs. 0. M. Duncan were advised a report on the matters of Recreation program and air pollution, respectively, would be mad during the report of Council Committee, later in the meeting. Mr. Claud K. Kirkland, Division Manager for Appalachian Power Company, presented to Council the Bid of the Appalachian APCO. SUB- MITTED BID power Company for the franchisg, advertised and proposed to be FOR ELEC . POWER sold and approved by the Mayor of the Town of Pulaski, on the FRANCHISE, NO OTHER .16th day of March, 1971, under an ordinance of the Council, and BIDS & ORD. GRANTING submitted a certified Check therefor in,the amount of $1,000.00. FRANCHISE ADOPTED Mayor Edens asked if there were any other bids, and it appeared 1 there were none. Councilman Vaughan moved that the Council consider C""~'~,~C'' ~~~f~ ~ ~ 1 1 1 APPALACHIAN POWER CO. GRANTED ELEC.POWER FRANCHISE FRANCHISE ORDINANCE ADOPTED April 20, 1971 immediately the bid of Appalachian Power Company and that it not be referred to any committee or group .for further investigation. The motion was seconded by Councilman Ratcliff, and carried. Councilman A. L. Graham abstained from voting or taking any part in any of the discussion relative to the proposed franchise. Councilman Vaughan moved that no bond be required of the Appalachian Power Company, as is required under Section 15.1-312 of the Code of Virginia in such cases. The motion was seconded by Councilman White, and carried. Councilman Graham abstained from voting. The Ordinance granting to the Appalachian Power Company a franchise for an electric light, heat and power transmission and distribution system in the Town of Pulaski, Virginia, was then read by Town Attorney Moore. On motion of Councilman Frye, seconded by Councilman Vaughan, and carried on the recorded vote as part of the Ordinance, it was, RESOLVED, that_the ordinance be adopted granting a franchise to the Appalachian Power Company for the sum of $1,000.00, which was the highest bid received: AN ORDINANCE GRANTING TO APPALACHIAN POWER COMPANY A FRANCHISE FOR AN ELECTRIC LIGHT, HEAT AND POWER .TRANSMISSION AND DISTRIBUTION SYSTEM IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, by an ordinance adopted by the Council of the Town of Pulaski, Virginia, on the 16th day of March, 1971, and approved by the Mayor of said Town on the 16tlicday of March, 1971, the franchise. for an electric light, heat and power transmission and distribution system in the Town of Pulaski, Virginia, was thereby proposed to be sold and bids invited therefor, and the said ordinance having been advertised once a week for four consecutive weeks in the Southwest Times, a local newspaper of general circulation in said' Town; and WHEREAS, the Appalachian Power Company has bid the sum of One Thousand Dollars ($1,000.00) for such franchise and the Mayor having read said bid aloud to the members and inquired if any other bids were offered and whether any other persons were present desiring to bid upon said franchise, and it appearing that no other bids have been received and no other persons weYe present desiring to bid upon said franchise and the 20th day of April, 1971, at 7:30 P. M. was set as the date and time Council would receive bids. ~ ~~'~~ April 20, 1971 - _ ~ NOWT THEREF.ORE,: Be it Ordained by the Council of the Town of Pulaski, Virginia, meeting in regular session - ~: on:ahis-:20th; day-.of April, 1971; that: . . SECTION I -Appalachian.Power Company, .its successors and assigns, (hereinafter called "Grantee"), is hereby granted the right, privilege, franchise and authority. to acquire, construct, maintain and operate in, above, under, across and~;along fihe streets, thoroughfares, alleys, bridges and public places, (as the same now exist or may hereafter be laid•:out);~ of the~Town of Pulaski, Virginia, lines for the distribution of electric energy either by means of overhead or _underground:conductors, with all necessary or desirable appurtenances for the purpose of supplying electric energy to said Town and the inhabitants FRANCHISE thereof and persons or corporations beyond the limits thereof, for light,::heat, and power. or any other purpose or ORDINANCE Purposes for which electric energy is now or may hereafter be used, and for the transmission of the same through or across TO APCO.ELEC. said Town. POWER SECTION`-II Said lines and appurtenances shall be constructed, maintained and;used so as to interfere as little as possible with the traveling public in its use of the streets, thorough- fares; alleys,-br~idges and pul~le places.. -The location of all poles and conduits shall be made under the supervision of-the Town Ma.nage~` or his authorized representative, or such other official as may be designated by the Council of said Town. - _. • SECTION III ~'he:~r~.ghts,~-pri~3:1?eg~~=~and~ €r~int~h~s~ .hereby:gr~n~Qd ~halL be ~n~<~dr+~~`~~nr~'=effect ~m~<=a`~~eti~ of thirty C30) years from the date of the adoption of this ordinance. The rights, privileges and franchise hereby granted shall not be construed to be exclusive and the Council of said Town hereby reserves the right to grant similar rights, privileges and franchises to any other person or persons, firm or firms, corporation or corporations. SECTION IV .The granting of this franchise is made upon the express condition that the exercise of the same shall be subject to such regulations as may be adopted by the State Corporation Commission of Virginia or such other body upon which said State may hereafter confer regulatory powers over like corporations for the purpose of securing efficiency of public service at reasonable rates from said Grantee, its successors and assigns, in said Town of Pulaski, and the maintenance of the property and works of.said Grantee in good order throughout the term of this franchise. AlI rights granted herein shall be governed by the provisions of this .ordinance; provided, however, that the Town of Pulaski ex- pressly reserve unto itself all of its police powers to adopt general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted by this Franchise Ordinance not inconsistent with the provisions of said ordinance. 1 1 >' ~ d April 20, 1971 SECTION V Said Grantee shall save the Town harmless from any and all liability arising in any way from: negligence in the erection, maintenance or operation of said lines for the distribution of electric energy. SECTION VI Whenever said. Grantee shall begin the erection of any lines or equipment or the repair or maintenance thereof, it shall promptly and diligently prosecure the. work to completion, and in compliance with the ordinances of said Town allowing-opening and other work upon its streets, alleys or public ways, and shall leave the streets, thoroughfares, alleys, bridges and public places where such work is done in as good condition of repair as before such work was commenced. AlI such work, upon completion,, may in the discretion of the Town be subject to inspection and approval of the Town Manager FRANCHISE of the Town or his authorized representative or such other official as may be designated by Town Council. ORDINANCE GRANTED SECTION VII Whenever, in this ordinance, either the Town or the Grantee is referred to, it shall be deemed to include TO APCO. the respective successors or assigns of either; and all rights, privileges and obligati ons herein contained by or on behalf of the said Town or by or on behalf of said Grantee, sha1L bind and inure to the benefit of the respective successors or assigns of said Town or of said Grantee, whether so expressed or not. SECTION VIII In consideration of the benefits which in the judgement of said Town will accrue to it by reason of the construction and operation of said electric light, heat and power system and as an inducement to said Grantee proposing to construct, maintain and operate aad-system, the said Town of Pulaski hereby agrees with the said Grantee that no specific pole or wire tax shall be imposed or charged against said Grantee, its successors or assigns by said Town during the life of this franchise, but said .Town of Pulaski: hereby expressly reserves the right of assessing or charging any other valid tax or any other natures whether raii valcirum or otherwise which is now authorized or which may be hereafter authorized by the general laws ,of the. State of Virginia. SECTION IX - . .This franchise shall be accepted by the Grantee within sixty. (60) days from the date of the passage of the same. ADAPTED by day of April, 1971, Glenn K. Aust J. .L. Congrove S . G. Frye A. L. Graham the recorded vote of the Council, this 20th as follows: - aye William A. House - aye - aye Raymond F.Ratcliff - aye - aye Mason A. Vaughan - aye Abstained J. H. White - aye Approved this 20th day of April, 1971. TOWN OF PULASKI, VIRGINIA By /s/ C. ROBERT EDENS ATTEST: /s/ GLADYS R. DALTON Clerk of the Council ~~ ~~~ April 20, 1971 Councilman Frye reported that the Recreation Commission had met and submitted to Town Manager Marshall a list of playground equipment considered by:th`em necessary for improvements at the different playgrounds in the Town; that prices had been obtained .and it appeared the cost of the equipment would be $3,069.12, plus freight in the amount of $165.00 and $500.00 for the installation of the equipment - making a total in round figures of $3,800.00. Mr. Frye stated $3,800. appropriated this figure did :not include- the `cost of • hardsurfacing the FOR PLAY _ GROUND basketball area, etc., but it was 'understood this item, as EQUIPMENT _ ~,.., well as others, would be taken care of in the upcoming budget. As Chairman of the Finance Committee, Councilman Frye stated it was the recommendation of the Finance Committee that the sum of $3,800.00 to cover the purchase of the equipment, plus freight __ and installation: costs, b_e approp'r'iated from "the General Fund Surplus, and so moved. The motion'was-seconded by Councilman House, and a discussion followed. Mr. Edwards stated this amount was short of the $10,000.00 asked for by the Commission and that the Commission would like to see some of the work done at Macgill Village playground this year. He also asked what could be done about hardsurfacing at Sixth Street for the basket- ball circle. Mr. Edwards"was advised that it was the intent of Council to provide money for the basic needs and that funds for other improvements would be included in the upcoming budget. The motion carried on the following recorded voter J. L. Congrove - aye S. G, Frye - aye Raymond F.Ratcliff- aye J. H. White - aye Wm. A. Hcause - aye A. L. Graham - aye Glen K.. Aust - aye Mason A.Vaughan - aye Councilman House moved that the Macgill Village Park be placed MACGILL VILLAGE PLAYGROUND TO on the agenda for the next meeting of Council, which motion was BE ON NEXT AGENDA OF seconded by Councilman Graham, and carried-.- COUNCIL m ~ y tf April 20, 1971 Councilman Congr~ove stated that at the Last meeting of Council he had advised that he would check on other towns and cities of similar population as Pulaski to see what they were doing about air pollution. Mr. Congrove stated he had checked with Covington, Colonial Heights, Vienna, Fa11s Church and Marion, and only Falls Church has an ordinance; that Vienna is covered by the County ordinance and have. no plans for enacting an ordinance within the AS PULASKI TOWNS OF to him; that it was reported court action is seldom necessary as. SIMILAR POPULATION agreements were usually reached. Mr. Congrove stated he did not REPORT ON AIR POLLUTION Town. He stated copies of these two ordinances would be forwarded IN OTHER feel the Town could afford to enact more rigid air pollution controls than are provided by the State, and that it appeared the cost of per- sonnel capable of carrying out the intent of an ordinance would be very costly. He further advised that he planned to meet with officials of some of the local industries to see if something could be done to correct situations in certain areas. It was his feeling that the adoption of an ordinance should be withheld until such time as the Town could obtain qualified experienced personnel to enforce an ordinance of this kind. Mayor Edens advised Council that Youth Day Program had been scheduled for May 14th and asked the_memb-ers of Council '.o YOUTH DAY PROGRAM participate in the observance of this program. MAY TO Mayor Edens was authorized by Council to execute a SIGN LETTER FOR letter for the American Legion Auxilliary relative to the release RELEASE OF PRISONERS of U. S. Prisoners of War in Vietnam. OF WAR Mayor Edens read a report of the activities of the Police Police Department for the month of March, 1971. Dept. report Mayor Edens brought to the attention of Council a letter from Michie Company relative to the supplement agreement SUPPLEMENTS TO CODE with the Town in which letter it was pointed out that in order DEFERRED to do this work they would need a copy of each ordinance adopted and amended since May 20, 1969, which was the cut-off date of the new Town Code. The cost for each page being $11.50. Town Attorney Moore suggested action be deferred for awhile. April 20, 1971 Councilman Aust moved .than a certain drainage problem be placed on th~~ agenda for' i:mmed~iate discussion, which motion was STORM DRAIN PROBLEM AT seconded by Councilman Ratcliff, and carried. Mr. Aust then advised ANDERSO N MEND RIAL CH. Council of the drainage problem existing at the Anderson REF. TO WATER COMMITTEE Memorial Church parking lot, and moved that the matter be turned over to the Street Committee, which motion was seconded by Councilman Ratcliff, and carried. Mayor Edens advised that Mrs.. Carl France had given him a list of the foreign students who will be visiting FOREIGN Pulaski April 27th, and it was the consensus of Council that Mayor STUDENTS TO AGAIN VISIT Edens present these students with an honorary citizenship for the PULASKI Town of Pulaski as was done in 1970 when other foreign students visited Pulaski. There being no further business, the meeting adjourned at 9.:10 P. M. i J APPROVED: ~• Mayor ATTEST ~' ~,/ .' ~~ /~ Cler of the Council