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HomeMy WebLinkAbout12-18-73;~~ ~Tj Minutes of the regular meeting of the Pulaski Town Council held December 18, 1973 at 7:00 P. M. in the Council Chambers in the Municipal Building, There were present: Vice-Mayor S. G. Frye, presiding. Councilmen: Mason A. Vaughan, Andrew L, Graham, Arthur L. Meadows, Glen K. Aust, Raymond F. Ratcliff, J. L. Congrove William A. House Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Jane Graham, WPUV Radio Station Approximately 10 citizens The invocation was given by Councilman Graham. Minutes of the regular meeting of December 4th were approved as recorded. Vice-Mayor Frye Advised this was the time and place for holding a public hearing, and so advertised in the Local newspaper, on the request from the Pulaski TV Cable System, Town Manager Marshall reported that ;the TV_Cable System had requested that a single set residential presently priced at $4.95 be increased to $6.00 per month, and each additional sett presently priced at $0.50 be increased to $1.00 per month; and that sitlgle residential installation fee will remain at $10.00, Mr. Marshall repotted PUBLIC also that the request cited the fact that the Cable System had deferred HEARING RE: THE PRICE requesting an increase in rates for a prolonged period of time (approxi- INCREASE FOR THE TV CABLE mately 8 years), but because of economic conditions found it necessary SYSTEM to make the request. Vice-Mayor Frye stated the Council would be glad. to hear any one either for or against this proposal, Several citizens were heard relative to the service rendered by the Pulaski TV Cable System, and others were present to hear the reasons for such a request to increase the rates. Councilman Vaughan stated this request had bee turned w er to the 0 rdinance Committee at the last meeting of Council and wondered if the Committee had studied profit and loss statements o$ the Cable Company. It was indicated that no review had been made of P&L statements, and on recommendation and motion of Councilman Congrove, the matter was referred back to the Ordinance Committee. The motion w8s seconded by Councilman Ratcliff, and carried. December 18, 197~~ Councilman Graham reported that a meeting had been REPORT RE: THE WATER FILTRATION SYSTEM held with Mr. Conrad DodL of the firm of Wiley & Wilson, who are designing plans for increasing the Town's water filtration system, and it appeared the plans were progressing and could be expected about the middle of January. Mr. Graham further reported that Town Manager Marshall should be authorized to write a letter to the Town of Dublin to the effect that the Town of Pulaski hopes to be in position to re-negotiate or discuss water rates, accord- ing to the present contract, some time after the first of the year, possibly by February 1st, and so moved. The motion was seconded by Councilman Aust, and carried. Councilman House reported that it was necessary for the ACCESS ROADS FROM MEMORIAL DRIVE Town to state its position with regards to access roads to that portion of Memorial Drive from Newbern Road to Route 611 inasmuch as there have been requests to the Town for entrances to individual lots as well as subdividers on this new four-lane drive. Mr. House further reported it had been stated by the Highway Department it could not be limited access, and the Department needs to hear from the Town. He suggested that Council meet as a whole and discuss the access question. Council agreed to meet informally on Wednesday, January 2, 1974 at 5:00 P. M. for this discussion. Councilman Ratcliff reported that in September a re- quest had been received from the Appalachian Power Company for permission to cross town owned property at Warden Springs, and the matter had been referred to the Land and Buildings Committee. ADOPTION OF Copies of a proposed easement prepared by Town Attorney Moore, A RESOLUTION FOR AN EASEMENT together with a plat indicating the location of the line, were ~RFF,juj~NT BETWEEN THE Passed to each member of Council. Mr. Ratcliff stated the TOWN AND APPALACHIAN location of the line would cause no damage to the town owned POWER CO. property; and that the consideration in the easement was in the sum of $1,000.00. After having heard the Resolution from Town Attorney Moore, Councilman Ratcliff moved its adoption. The motion was seconded by Councilman Congrove, and carried on the following recorded vote: J. L. Congrove - aye Arthur L. Meadows - aye Raymond F. Ratcliff-aye Andrew L. Graham - abstained William A. House -aye Mason A. Vaughan - aye Glen K. Aust -aye S. G. Frye - aye 1 1 1 December 18, 197f4j RESO LUTID N WHEREAS,. the Land and Buildings Committee has this day presented to the Council an Easement Agreement between the Town of Pulaski and the Appalachian Power Company, by the terms of which the Town grants to Appalachian Fower Company a perpetual easement for construction of a twin- pole distribution line across its land known as the ADOPTION OF AN Warden Springs property; and RESOLUTION FOR WHEREAS, the easement sets out the terms upon which AN EASEMENT the easement is granted, describes the location of said BETWEEN THE TOWN line and provides that Appalachian Power Company pay AND APPALACHIAN to the Town the sum of One Thousand Dollars ($1,000,00); POWER CO. NJ W, THEREFORE, BE IT RE90LVED by the Council of the Town of Pulaski, meeting in regular session on this 18th day of December, 1973, that: The Easement Agreement between the Town and Appalachian Power Company, after having been fully discussed and upon due consideration, be and the same is hereby, approved. BE IT FURTHER RESO LVED that J. E. Marshall, Town Manager, shall execute the Easement Agreement on the part of the Town and Gladys R, Dalton, its Clerk, shall attest same. Councilman Congrove moved that there be established 2L~ CERTIFICATES twenty-four (24) Certificates of Public Convenience and Necessity ISSUED TO THE f or the year 1974, allocated to the following applicants: TAXICABS Blue & White Cabs, Inc. --------- 18 E. V. Davis Cabs --------- 1 Deluxe Cabs --------- 5 24 The motion was seconded and carried on the following recorded vote: Mason A. Vaughan - aye Glen K. Aust - aye Andrew L. Graham - aye William A. House - aye Arthur L. Meadows - aye Raymond F, Ratcliff - aye S. G. Frye - aye J, L. Congrove aye Councilman Congrove further reported that no recommenda- tion could be made by the Ordinance Committee at this time with REPORT ON regards to the request from the Taxicab Companies-for a rate increase,: TAXIS RATE .INCREASE inasmuch as it would be necessary for the Committee to Iook at the profit and loss statements of the Taxicab Companies and this had not ' been done at that time, Councilman Congrove reported there had been some minor changes in the proposed ordinance pertaining to the regulations of Bingo Game and Raffles, and the revised ordinance was presented to Council by Town Attorney Moore. 0 n motion of Councilman Vaughan, seconded by ~: ~~~ c ~~~~~~ AN ORDINANCE TO PERMIT BINGO AND RAFFLE GAMES December 1'8, 1973 Councilman Graham, and carried on the following recorded vote, the following ordinance was adopted: J. L. Congrove - aye S. G. Frye - aye Raymond F. Ratcliff- aye Arthur L, Meadows - aye William A. House - aye Andrew L. Graham - aye Glen K. Aust - aye Mason A. Vaughan - aye AN ORDINANCE TO PERMIT AND REGULATE BINGO GAMES AND RAFFLES IN THE TOWN OF PULASKI, VIRGINIA; TO PROVIDE PROCEDURE FOR FILING APPLICATION ESTABLISHING WIC MAY OO NDUCT AND THE 00 NDIT10 NS UNDER WHICH BINGD GAMES AND RAFFLES MAY BE ALIAWED; AND PROVIDING A FEE FOR GRANTING A PERMIT, AND PENALTY FOR VIOLATION THERIDF BE IT ORDAINED by the Council of the Town of Pulaski:, Virginia, meeting in Regular Session on this 18th day of December, 1973, tha n Section 1. Bingo - Raffles - Unlawful It shall be unlawful for any person to conduct, promote, set up or participate in managing a bingo. game or raffle within the Town of Pulaski, Virginia, without first having been granted a permit for the operation thereof as hereinafter provided. Section 2. Organizations eligible to conduct bingo games or raffles . (a) A volunteer fire department or rescue squad which is a part of the Town of Pulaski Government or has been recognized by the said Town by .ordinance or resolution as being a part of the safety program of said town. (b) An orgination which is non-profit (or operates without profit) and which has been in existence or actively conducting its affairs within the Town of Pulaski continuously for a period of at least two years immediately prior to filing an application for a permit. (c) For the purposes of this ordinance, an organization as contemplated under (b) shall be defined as any of the following: (1) A corporation, trust, church, association, community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, literary, community or educational purposes. (2) Posts or associations of war veterans or auxiliary units or societies of any such posts or associations, if such posts, associations, units or societies are organized in the United States or any of its possessions. (3) A fraternal society, order or association operating under the lodge system. (4) A corporation or association organized and operated exclusively for the restoration and maintenance of historic gardens and the general promotion of beautiful gardens. r "~ i j~~,~~ December 18, 1973 When an organization is referred to hereinafter, it shall be deemed to include volunteer fire department, rescue squad and any other organization which falls within the definitions set out in Section2 above. Section 3. Beneficiaries - receipts No private shareholder, member, agent or employee of any organization conduting a bingo game or raffle shall receive directly or indirectly any part of the gross receipts derived from the conduct of bingo game or raffle, and no such organization holding a permit shall enter into a contract with any person or firm, association, organiza- tion, partnership or corporation of any classification whatsoever for the purpose of organizing, managing or conducting bingo games or raffles. Any organization hold- AN ORDINANCE ing a permit, however, may delegate the authority or duty TO PERMIT of organizing, managing or conducting bingo games or raffles BINGO AND only to a natural person or persons who are bona fide members RAFFLE GAMES of such organization. Section 4. Permit Any organization within the Town desiring to conduct a bingo game or raffle within the Town of Pulaski shall first make application for an annual permit to conduct or operate same on a f orm provided by said Town. The application, together with $25.00, shall be filed with the Treasurer of the Town, who upon receiving same shall request the Chief of Police or other properly designated agent of the Treasurer or of the Chief or of the Town, to investigate the organiza- tion and to report to the Treasurer whether or not in their opinion the applicant has met or can meet all 'the provisions of this ordinance and any and all other ordinances of the Town. Upon receiving said report, the Treasurer or his duly authorized representative shall either grant or ref use the application. If the permit is granted, it shall be for a period of one year from the date upon which it is granted .and shall be thereafter renewed so Long as all of the pro- visions of this ordinance are complied with. Bef ore issuing any permit or renewal thereof hereunder, the Treasurer shall determine whether or not the sum of Twenty-five Dollars ($2.5.00) to defray the cost of an investi- gation and the administering of this ordinance has been paid. All permits shall be on a calendar year basis and shall not be pro-rated for a partial year. Section 5. No bingo games or raffles shall be conducted within the Town between the hours of Twelve o'clock midnight on Saturday and Six o'clock A. M, on the following Monday. Section 6. Restriction on signs. No organization holding a permit under this ordinance shall place or permit to be placed on the premises or within one hundred yards of the premises where such bingo game is to be conducted, any sign or-signs advertising such bingo game. Section 7. Records required. Records of all receipts and disbursements shall be kept and a statement thereof, together with appropriate records showing the receipts and vouchers and/or cancelled chacks showing disbursements, shall be filed with the Commissioner of Accounts annually within thirty (30) days after the expiration date of saie permit or during the month of January following the calendar year if allowed to do so by the Commissioner of Accounts. Said settlement shall be stated and recorded in the Clerk's Office of the Circuit Court of Pulaski County, ~L ~ December 18, 1973 Virginia, as other Commissioner of Accounts settlements are made and said organization holding said permit shall pay costs for the settlement and recording thereof as any fiduciary would be required to do. Section 8. Revocation of Permit. AN ORDINANCE The Treasurer may revoke the permit of any organiza- TO PERMIT tion holding same if found to be not in compliance with BINGO AND this ordinance and not in compliance with any provisions RAFFLE GAMES of the Code of the Town of Pulaski or the State of Virginia. Section 9. Penalty for violation - misdemeanor. Any organization holding apermit or any person, share- holder, agent,_member or employee of such organization violating any of the provisions of this ordinance shall be deemed to be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed One Thousand Dollars ($1,000,.00); Section 10. Violation - Injunction. Any organization, person or persons found in violation of this ordinance, in addition to the criminal penalty as herein provided, may be enjoined from any further act or acts in violation of this ordinance upon application by the Common- wealth Attoxney to the Circuit Court of the Councy of Pulaski, Virginia, for an injunction against such organiza- tion, person or persons from continuing to run bingo games or raffles for a period not to exceed one year from the date of such violation. This ordinance shall be in full force and effect upon and of ter the Ist day of January, 1974. Councilman Ratcliff reported that the Town had entered into an agree- ment with Wiley & Wilson to make a study of sewer requirements and then water plant requirements, and meetings had been held with the Engineers, and it was Later brought to the attention of the Town that in order to be eligible for any federal grants an inflow/infiltration study must be made because of the leaks into the sewer system. Mr. Ratcliff stated this has been under study for several weeks and it is understood that the federal government has authorized the sum of $75,000 for the purpose of making a study of inflow/infiltration into the sewer system in Pul-asks, but that an application must be filed for the grant money which it is understood is available to the Town. Mr. Ratcliff moved APPLICATION FOR GRANT that an application be filed for the $75,000 grant money for a study MONEY FOR THE STUDY of inflow/infiltration into the Town's system, and that Town Manager OF INFLOW/ INFILTRATION Marshall be authorized to make such an application to the federal government. The motion was seconded by Councilman Congrove, and carried. December 18, 1973 Mr. Ratcliff then moved that the Town empdy the firm of Wiley & Wilson, Consulting Engineers, to proceed with Step One WILEY & WILSON TO BEGIN WITH of the inflow/infiltration study at a cost not to exceed $14,000 STEP 1 OF THE INFLOW and that said fee be paid for from the Sewer Fund. The motion INFILTRATION STUDY was seconded by Councilman House, and carried on the following vote: Mason A. Vaughan - aye J. L. Congrove - aye Andrew L. Graham - aye Raymond F. Ratcliff-aye Arthur L. Meadows - aye William A. House - aye S. G. Frye - aye Gien K. Aust - aye Councilman House asked that Town Manager Marshall Come prepared for the January 8th Council meeting for the adoption of a resolution relative to the proposed Manpower Council.. Reporting for the Nominating Committee, Councilman Frye ALAN GROSCLOSE stated Alan Groseclose had agreed to serve anothe five year term on & J. LYLE SMITH TO the Parking Authority; his term having expired August 6, 1972. Also, SERVE ON THE PARKING that J. Lyle Smith, whose term expired August 6, 1973, had agreed AUTHORITY to serve another five year term, and so moved, seconded by Councilman Vaughan, and carried. Councilman Frye moved that Mrs. Guy Cruise, George A. Hillsmttn, Raymond A. Lindamood, I. D. Long, Mrs.: Charles R. Settle, Mrs. Roswell APPOINTMENTS TO THE .Beagle, Mrs. F. D. Thomas, Mrs. Stanley Rollins, and Mrs. W. R. Garla~id BEAUTIFICATION COMt~IITTEE be reappointed for one year term from December 18, 1973 to December 1$, 1974, to the Beautification Committee. The motion was seconded by Councilman Ats t, and carried. Councilman Frye moved that E. 0. King, Jr., Whose term on the Housing Board of Adjustments and Appeals expired July 17, 1972, APPOINTMENTS be reappointed for a three year term, to expire July 17, 1975; that TO THE HOUSING BOARD Fred J. Swinburne and Robert J. Dobyns, whose term expired July 17, OF ADJUSTMENTS AND APPEALS 1973, be reappointed for another three year term, to expire July 17, 1976. The motion was seconded by Councilman Vaughan, and carried. Councilman Frye moved that J. H. White be reappointed for a APPOINTMENTS f our year germ to the Industrial Development-Authority, his term of TO THE INDUSTRIAL DEVELOPMENT office having expired April 13, 1973; as well as C. V. Jackson be AUTHORITY reappointed for another four year term to expire April 13, 1977. The motion was.~.seconded by Councilman Ratcliff, and carried. 1, @~~~'~~'~ December 18, 1973 Town Attorney Moore presented the following papers relative PAPERS TO BE to the $750,000 Street Bond Issue Referendum, which were accepted FILED IN BOND ISSUE and ordered to be filed irn the Bond Issue file, on motion of Councilman Vaughan, seconded by Councilman Meadows, and carried: Copy of Advertisement in newspaper Copy of Ballot certified by W. F. Thomas, Registrar Abstract of votes certified by Clerk of Court Certified copy of Order December 11, 1973 confirming the election, and certified by the Clerk of Court showing the order has been entered of record Town Attorney Moore presented to Council a 30-day Option for the purchase of Lots 11, 12, 13'_and 14 as shown on a map of the Mashburn Sub division for the sum of $23,000; said option having been signed by Mr, and Mrs. Matthew M Gemmell, together with a Resolution for Council's adoption approving the Option. Council- man Vaughan moved the adoption of the Resolution, seconded by Councilman Aust, and carried on the following recorded vote: RESOLUTION OF AN Mason A. Vaughan - aye Glen K. Aust - aye OPTION AGRF~_N'T' Andrew L. Graham - aye William A. House - aye BETWEEN THE TOWN Arthur L. Meadows - aye Raymond F. Ratcliff - aye & MATTHEW M. GEMMELL S. G. Fryw - aye J. L. Congrove - aye R FC(1T.TTTT(1N WHEREAS, the Town Manager has this-day presented to the Council an Option Agreement between the Town of Pulaski and Matthew M. Gemmell and Manila H. Gemmell, by the terms of which the Town is granted an option to purchase ~ within ninety (90) days Lots 11, 12, 13 and 14 as shown on the map of Mashburn Subdivision, for the sum of $23,000.00; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, meeting in regular session on this 18th day of December, 1973, that: The above Option Agreement between the Town and Matthew M. Gemmell and Manila H. Gemmell, after having been fully dis- cussed and upon due consideration, be and the same is hereby, approved. BE ITFURTHER RESOLVED that C. Robert Edens.., Mayor, shall execute the Option Agreem~^tt'> >n the part of the Town and Gladys R. Dalton, its Clerk, shall sttest same, and if same has heretof ore been executed on the part of the Town, the Council ratifies and approves said signatures. Town Manager Marshall recommended that the Land and SEE IF TOWN CAN USE THIS OPTION Buklding Committee, together with the Town Manager and Fire Chief get together to determine whether the Town can use the property covered by the above Option as it is necessary to make a decision as quickly. as possible. Councilman Vaughan moved that the matter [1 i 1 1 ~` +~ ~. ,gyp ~ ~k ~a)~ December 18, 1973 be so referred as recommended, which motion was seconded by Council- man Graham, and carried. Town Manager Marshall reported that according to inf ormation from the Actuary Meidenger and Associates, the Internal Revenue Service had not approved a provision in the Town's Retirement Plan, by reason REPORT FROM IRS TO .AMEND of it reflecting 100% of the participant's social security benefits RETIREMENT PLAN in the computation of-the allowance .payable under the Plan. The IRS position being that part of the social security benefits are paid for by the employees' social security taxes but not more than 649, of the social security benefit can be reflected in the Town's benefit formula. He further reported that inf ormation had been received from the Actuary along with an amendment to the Retirement Plan which would meet the requirements of IRS, such inf ormation having been furnished to the Ret~.rement Committee and Town Attorney. Councilman Vaughan, Chairman of the Retirement Committee, reported that it was the recommendation of the Committee, that the necessary steps be taken to conf orm with this position of the Internal Revenue Service, ana so moved that the Town Attorney prepare in final form such amendment as is needed. The motion was seconded by Coacilman Ratcliff, and carried. The matter of a letter from Mr. Frank B. Miller, Jr., Acting State Treasurer, outlining Section 2.1-359 of the Code of Virginia as LETTER FROM FRANK MILLER having been enacted in the last session of the General Assembly and REF. TO FINANCE referred to as the Virginia Security for Public Deposits Act, was COMMITTEE referred to the Finance Committee and Town Manager for a report to Council, on motion of Councilman Graham, seconded by Councilman Aust, and carried, There being no further business, on motion, seconded and carried, the meeting adjourned at 9:30 P. M. 'APPROVED: ~ ~ ~~~ Mayor A TTES~T f ~~ ,> ~ C l e rk of ~~ ounc i 1