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HomeMy WebLinkAbout09-25-73 Minutes of the regular meeting of the Pulaski Town Council, held September 25, 1973, at 7:00 P. M. in the Council Chambers in the Municipal Building. There were present: Mayor C. Robert Edens, presiding. Councilmen: Glen K. Aus t, Arthur L, Meadows,, Andrew L, Graham, J. L. Congrove, William A. House, Mason A. Vaughan Absent: Raymond F. Ratcliff and S. G. Frye Also present: Town Manager: J. ~. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Representatives from WPIJV and WBLB Radio Stations and The Southwest Times Approximately 12 citizens The invocation was given by Councilman Meadows. The minutes of the regular meeting of September 4th were approved as recorded. Representing the New River Valley Council on Alcoholism, Incorporated, Mr. Harry Kirby again appeared bef ore Council soliciting funds for the operation of the corporation. Mr. Kirby stated the Council's budget for the first year is $94,210.00, of which amount a Grant from the State of Virginia had been received in the amount of $40,462.00, and local governments within Plia.nning District ~~4 FINANCE COMM. TO CONSIDER ,were being solicited funds based on population of the localities. Mr. REQ . OF NEVCOUNCIL Kirby again requested consideration for the increase received by the ON ALCOHOLISM FOR FUNDS Town from the ABC profits for the fiscal year 1973, in the amount of $1,946.00 more than was received for the prior year. Mr. Kirby further stated that since the Town was unaware of receiving this increase and theref ore could not have budgeted it, it was felt that this surplus could very well be used to aid in the treatment of alcoholism in this area. Mr. Kirby also stated that ten percent of those who drink become problem drinkers and his organization felt that a portion of these t~BC revenues be spent on treatment for the victims as well as education and early detection of a problem drinker. Councilman House moved that the matter be referred to the Finance Committee for a report back to Council, which motion was seconded by Councilman Congrove, and carried. 1 September 25, 1973 T~ f .~ L~- ~m N ~~ James Blevins inquired of Council as to why the Town of Pulaski does not have flood insurance while the County is covered under The National Flood Insurance Program. There followed a lengthy discussion FLOOD INS. relative to this question, and it was finally decided to have Mr. Louis F. Lombardi, State Coordinator for the state 63ater Control Board give a detailed explanation of the phases of coverage under the Flood Program' in writing, Also in connection with the flooding of Peak Creek, Town MAKE Manager Marshall, on motion of Councilman Graham, seconded by Councilman REPORT ON WIDEN'Jaughan, and carried, was directed to investigate private contractors why have ING CREEK the proper equipment to clean up the creek as it is, widen a portion at the AT SEWAGE Sewage Treatment Plant, and bring a report on this to Council as soon as PLANT possible. Sam Krunsberg, who lives at 2302 Randolph Avenue, appeared bef ore'. Council and complained of the noise from the dance hall located on West COMPLAINT NOISE Main Street, as well as the noise and vile talking which goes on outside FROM DANCE HALL ON the dance hall on a private parking lot and which goes on well into the MAIN ST. night and keeps persons living in the neighborhood from getting sleep or rest. He stated this is a weekend affair, every weekend. Town Manager Marshall was directed to exert administrative power in an effort to control the situation. Councilman Congrove reported more information must be secured on the Rental Unif orm.ordinance bef ore presenting it to Council, and the RENTAL UNIFORM multi-unit water rate ordinance had also-been delayed by the Committee. ORDINANCE & MULTI- He stated Town Manager Marshall had been directed to use the proposed unit water rate ordinance as a guideline for any new construction, and it was planned to have the ordinance ready for Council at its next meeting. At the request of Councilman Congrove, Town Manager Marshall 1 reported that as a result of his letter to Jack Bane regarding the con- BANE HAS 60 DAY~ition of a house in Kersey Bottom, Mr. Bane had failed to appear within. TO ANSWER LETTER the ten day period as prescribed by the ordinance, and further, accord- RE:PROPERTY IN KERSEY ing to the ordinance, Mr. Bane has sixty days from the date of the BOTTOM letter to make corrections and repairs to the building. t"'L t: g~~.a September 25, 1973 In response to recent telephone calls regarding the starlings roosting in trees between BLP Corporation and Pulaski Motor Company, J. CROSS, VPI TO ASSIST IN Town Manager Marshall reported that he had contacted Jerry Cross of GETTING RID OF STARLINGS V.P.I., who handled a similar situation in Radf ord, and that Mr. Cross EAST PULASRI had agreed to assist in getting rid of the birds, working with the Police Department. Mayor Edens reported that he had been approached by members of the various Women's Clubs regarding a fulltime maintenance RE:MAN FOR UPKEEP OF man for the upkeep of parks and recreation areas. Some members PARKS of Council were in agreement with this, however, others felt that ... recreation areas should be the responsibility of the Recreation Director. Town Manager Marshall was directed to take action on this. Mayor Edens also reported there were vacancies on the Recreation Commission, and advised that David Hancock had expressed TOWN ATY. a desire to serve on the Commission. Councilman Aust moved that TO PREPARE RESOL. TO Mr. Hancock be appointed to the Recreation Commission, which UPDATE MEMBER- SHIP OF REC. motion was seconded by Councilman Meadows. After a discussion of the COMMISSION matter Mr. Aust withdrew his motion and Mr. Meadows withdrew his seconds and the Town Attorney was directed to bring to Council a resolution for updating the membership pf the Recreation Commission. Mayor Edens reported that October 11th has been proclaimed as Count Pulaski Day, and that the Fire Department planned its annual OCT . 11TH COUNT PULASK Iparade for 7:00 P. M. that evening. He stated further the Eire DAY, PARADE, ETC. Department planned to have Miss Virginia for the parade and he stated ' he felt the.Town should be responsible for the charge of $100.00 plus expenses for her appearance in the fire parade, rather than the members of the Fire Department. Mayor Edens congratulated Town citizens upon voting favorably on the Housing Authority. Town Attorney Moore presented an abstract VOTE ON HOUSING of votes cast in the election, and on motion of Councilman Aust, AUTHORITY seconded by Councilman House, and carried, said abstract of votes ~I 1 i was presented and filed as follows: We, the undersigned Electoral Board, upon examination of the official records deposited in the office of the Clerk of the Circuit Court of the election held on September I1, I973, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefor determine and ABSTRACT declare the result of said election to be in favor of said question or proposal. OF Given under our hands this 13th day of September, 1973. VOTES SIGNED: Chester Hall Chairman __ _: Robert H. Gemmell, Member HOUSING E.'L: 14a~r,.--"_". Secretary ABSTRACT OF VOTES CAST IN THE TOWN OF PULA$KI, VIRGINIA AT THE SPECIAL ELECTION HELD ON SEPTEMBER I1, ONE THOUSAND NINE HUNDRED SEVENTY-THREE, viz: on the question: Attest: AUTY E. L. Barr, Secretary of Electoral Board - ' I, E. L. Barr, Secretary of said Electoral Board do REFERENDUM hereby certify that the foregoing is a true copy of the Abstract of Votes cast at the election above named, as certified, signed and attested according to law, and deposited in my office. Affirmative votes Seven hundred Forty-f our (744) Negative Votes Four Hundred Forty-three (443) 1 1 1 IN TESTIMONY WHEREOF, I have hereto set my hand and affixed the seal of said Board. SIGNED: E. L. Barr - Secretary of the Electoral $oard of Pulaski County September 25, 1973 "Is there a need for the redevelopment and housing authority to be activated in the Town of Pulaski, Virginia?" (electoral Board Seal) A true copy - Teste: Signed: Marvin G. Graham, Clerk QA PD 'Y _F~F {9 Town Attorney Moore also presented a copy of an order which HOUSING AUTY. ORDER had been entered in the Circuit Court of Pulaski County, Virginia, on that date, establishing a Redevelopment and Housing Authority for the Town, and granting the authority for the Town to proceed to take the necessary steps as provided by law for the appointing of. said Commissioners and to do such other acts in order that the Town of Pulaski Redevelopment and Housing Authority will be able to transact business and exercise its powers.. On motion of Councilman Aust, seconded by Councilman Congrove, and carried, s$id order was presented and filed as follows: ,~ HOUSING AUTHORITY ORDER September 25, 1973 IN THE CIRCUIT COURT OF PULASKI COUNTY, VIRGINIA IN RE: ) AN ELECTION TO DETERMINE: "IS THERE A ) NEED FOR THE REDEVELOPMENT AND ) HOUSING AUTHORITY TO BE ACTIVATED IN ) ORDER THE TOWN OF PULASKI, VIRGINIA?" ) The Clerk of this Court having certified to the Court the result of the vote at the Special Election held in the Town of Pulaski on September I1, 1973, pursuant to the Order entered by this Court on June 27, 1973, for the purpose of voting on the question: "Is There a Need for the Redevelopment and Housing Authority to be Activated in the Town of Pulaski, Virginia;" and it appearing that said election was duly held in accordance with the provisions of such Order and that the poll books and certificates of the Judges of Election con- ,. ducting said election have been delivered to the Clerk of this Court and have been duly canvassed by the Electoral Board of Pulaski County and by said Clerk, who have determined and certified that 1187 qualified voters of said Town voted at such election and that 744 of such voters voted for, and 443 voters voted against the question of activating said Redevelopment and Housing Authority. Wherefore, the Court doth hereby find that a majority of the qualified voters voting in the aforesaid election were in favor of and have approved the question of activating a Redevelopment 8:nd Housing Authority, it is accordingly ADJUDGED, ORDERED and DECREED that the Town of Pulaski Redevelopment and Housing Authority be, and the same is now, activated and is ready to transact any business or exercise such powers granted to it under Title 36 of the Code of Virginia of 1950, as amended, or by any other charters, statutes or appropriate laws or regulations, and upon the appointment by the Town of Pulaski of commissioners as provided-in Section 36-11 of the Code of Virginia; and the Town of Pulaski is authorized to proceed to take the necessary steps as provided by law for the appointment of said commission- ers and to do such other acts in order that the Town of Pulaski Redevelopment and Housing Authority will be able to transact business and exercise its powers. Nothing further appearing to be done in this matter, it is directed that the Clerk strike the same from the docket and place it among the ended causes. I ask for this Order: S: Garnett S. Moore Counsel for the Town of Pulaski, Virginia Enter this Order this 25th day of September, 1973. S: R. William Arthur, Judge A True Copy: Teste: Marvin G. Graham, Clerk Maxine Keister DC ~~-~y 'l September 25, 1973 Mr. Moore went into further detail relative to the workings of such an Authority and during this discussion Councilman House suggested that each Councilman and Mayor Edens be thinking of the 1 WORKINGS OF HOUSING names of persons whom they feel would be desirable to serve on a five AUTHORITY to seven member Authority, based on the fact they would be willing to serve upon request from the Town. Torn Attorney Moore reported he had contacted several relative RE-WRITING to re-writing the License Code for the Town, but had no definite LIC . CODE inf ormation for the Council at this time. On motion of Councilman Vaughan, seconded by Councilman Graham, and carried on the following recorded vote, the following Resolution was adopted: Mason A. Vaughan - aye William A. House - aye J. L. Congrove - aye Arthur Meadows - aye S. G. Frye - absent Raymond Ratcliff - absent Andrew L. Graham, Jr. - aye Glen K. Aust - aye LJ A RESOLUTION TO DISMISS A PETITION TO VACATE AND ABANDON THAT PORTION OF THIRD STREET, SOUTH, LYING BETWEEN SOUTH MADISON AVENUE AND FLOYD AVENUE, SOUTHEAST, IN THE TOWN OF PULASKI, VIRGINIA, AND TO PROVIDE FOR PAYMENT OF COSTS OF THIS PROCEEDING. RESOLUTION WHEREAS, Archie J. Boothe, Jr., M. E. Sutphin and Fred L., DISMISSING Whisman filed their petition on the 7th day of August, 1973, LEGAL PROC. with the Council of the Town of Pulaski, Vir ginia, after post- IN PET. FOR ing on the 12th day of July, 1973, notice as required by law CLOSING in at least three places in said Town, which posting was at 3RD ST. S0. least ten days prior to the filing on August 7, 1973, said petition requesting the Town to vacate and abandon a certain portion of Third Street, South, between Madison Avenue and Floyd Avenue, set out and described in said petition; and WHEREAS, by Resolution adopted on the 7th day of August, 1973, the Council appointed Gilmer C. Gannaway, J..H. White and Dan Bell as viewers, and C. C. Jordan and J. R. Glenn alternates, pursuant to Section 15.1-364 of the Code of Virginia of 1950, as amended; and WHEREAS, subsequent thereto, all the landowners who would be affected by the vacation of the aforesaid portion of Third Street between Madison Avenue and Floyd Avenue were notified of the filing of said petition and the public hearing thereon set for the 4th day of September, 1973, in the Town office of Pulaski, Virginia, by notice mailed to the landowners, if any, and also by proper publication of a Public Notice in the Southwest Times, a local newspaper; and WHEREAS, on the 4th day of September, 1973, said public hearing was held pursuant to the aforesaid notice for the vacating and abandoning of said street as set out in the petition and hereinbef ore described, and upon the viewers' report dated the 31st day of August, 1973, stating that "in the opinion of the viewers no inconvenience would result to anyone i{ the portion of Third Street between Madison Avenue and Floyd Avenue was vacated and abaondoned", and upon hearing ore tenus the petitioners, one adjacent property owner and numerous other persons living in the neighborhood and upon a petition filed in opposition to the closing; and r- f ~' ~T c~`.~?.. September 25, 1973 WHEREAS, the Council of the Town of Pulaski, Virginia, is of the opinion and so finds from all the facts that inconvenience would result from the closing of the of orementioned portion of Third Street; NOW, THEREFORE. Be it Resolved by the Council of the Town of Pulaski, Virginia, thats That certain portion of Third Street, South, between Madison Avenue and Floyd Avenue, and described as STREET f ollows: RESOLUTION BEGINNING at a point in the eastern right of way line CONTINUED of S. Madison Avenue; thence between parallel lines running 50 ft. apart, South 88 degs. East a distance, of 300 ft. to the western boundary line of Floyd Avenue, be, and the same shall not be vacated and abandoned as a public street in the Town of Pulaski, Virginia, and the petition filed herein Dismissed. BE IT FURTHER RESOLVED that Gilmer G. Gannaway, Dan Bell and C. C. Jordan, the aforesaid viewers, be paid the sum of Ten Dollars ($10.00) each, and that all the costs, including attorneys fees involved in the vacating of the aforesaid street be paid by the petitioners. -- Town Attorney Moore further reported all legal proceedings had BOND ISSUE been completed for the holding of a referendum on a Bond Issue for ST . REPAIRS street rep;~irs and improvements to be held November 27th. Town Manager Marshall reported that W. L. Tate had requested that REPLACEMENT OF TATE he not be reappointed when his term of office on the Board of Zoning ON BD. OF ZONING ...Appeals expires in October of this year, and asked Council to be APPEALS thinking of a replacement for Mr. Tate. Mr. Marshall reported that the University of Virginia School of Continuing Education will conduct an Emergency Operations Simulation Training Session for Pulaski Town and Pulaski County on 'October 16th, EMERGENCY TRAINING 18th, 23rd and 25th at the National Guard Amory and suggested that as SESSION TO BE HELDmany as possible attend these sessions which are for the purpose of AT ARMORY coordinating some $f the areas necessary in the event of a natural or man-made disaster in our area. Town Manager Marshall reported that an application for Step I has been submitted to the State Water Control Board and the federal SEWAGE TR. PLANT. government involving the Town of Pulaski Sewage Treatment Plant and EXPANSION PHASE I expansion thereof. He further reported the estimated cost of Step I of the Project is $70,000.00 and will involve preliminary plans September 25, 1973 T and studies for expansion of the plant, and infiltration/inflow study and other data that will be required for approval of EPA. It having been estimated that the amount of EPA assistance to complete the study work would be $52,500.00. Upon the recommendation of the Town Manager information received from the State Department of Education involving the Line of Duty and the' GEN. Heart and Lung Bill amended in the last session of the General Assembly ASSEMBLY RULING pertaining to physical examinations for firemen, was turned over to the RE: EXAM. OF FIRE- Ordinance Committee and Town Manager on motion of Councilman Graham. The MEN TO BE REF .TO motion was seconded by Councilman Meadows, and carried. ORD. COMM. Town Manager Marshall reported that an inspection of the work completed by the Gas Company on the main that passes through the Town and REPAIRS TO GAS i.s attached to the wall of Peak Creek, had been made and with the exceptioln LINE ~ CREEK of several minor improvements the job looks quite acceptable both from a WALL SATISF. safety and aesthetic standpoint. At 9:35 P. M. on motion of Councilman Meadows, seconded by Council~- EXECUT. man House, and carried, Council went into executive session to discuss a SESSION personnel matter. • At 10;07 P, M. Councilman Vaughan moved, seconded by Councilman Congrove, that Council return to regular session. Motion was carried. R EG . SESSION At 10;08 P. M. Mayor Edens declared the Council to again be in regular session and inquired if there was further business to come bef ore', Council. E.L.EARLY After a discussion on the Public Works Director position, APPT . TO FILL Councilman Aust moved, seconded by Councilman Vaughan, that E. L. Early UNEXPIRED TERM OF be appointed to fill the term of E. W. Holyfield, who is retiring, to be HOLYFIELD effective September 29, 1973. Motion was carried. At 10:12 P. M. Councilman Vaughan moved, seconded by Councilman Congrove, that the meeting be adjourned. Motion was carried. APPROVED : !/~~ /C~~~' °° `^ Mayor ATT~;T : ~ f I ~~ n Clerk o Council