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HomeMy WebLinkAbout01-16-90January 16, 1990 a6~2 Minutes of the regular meeting of the Pulaski Town Council held January 16, 1990, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: James M. Neblett, J. R. Schrader, Jr., James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Anne Burgess, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Wayne Quesenberry, Madelyn Thomas of the News Media Mr. Nick Glenn Mr. Randolph Mr. and Mrs. J. B. Warner Mr. and Mrs. Montgomery Mr. Jerry Haynes Mr. Jay Collins Mr. David Warburton Mr. and Mrs. Hurst Ms. Chris Henley Mr. Alan Groseclose Mr. and Mrs. Sam Witt Mr. Jimmy Aust Mr. Andy McCready Mr. Davidson Ms. Barbara Reece Mr. David Reece The invocation was given by Councilman Neblett. Rosenberg, Kevin The first item on agenda was an Executive Session which began at 6:00 p.m. on a Real Estate Matter under 2.1-344 A3, Consult with Counsel and Legal Matter, A7, on motion made made by Councilwoman Holston, seconded by Councilman W. H. Schrader and carried on the following recorded vote: James M. Neblett - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent James R. Neighbors - Aye Andrew L. Graham - Aye W. H. Schrader, Jr. - Aye Alma H. Holston - Aye At 7:00 p.m. Mayor Hancock called the regular meeting of Council to order. On motion made by Councilwoman Holston, seconded by Vice Mayor Neighbors and carried the reading of the Certification Resolution was waived. III 8673 January 16, 1990 Vice Mayor Neighbors so moved that Certification Resolution be adopted, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr, - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James R. Neighbors - Aye Gary C. Hancock - Aye RESOLUTION CERTIFICATION RESOLUTION ADOPTED Pulaski Town Council WHEREAS, the Pulaski Town Council has convened an executive meeting on this date pursuant to an affirmation recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 52.1-344.1 of the Code of Virginia requires a certification by this Pulaski Town Council that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Pulaski Town Council hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Pulaski Town Council. Councilwoman Holston made a motion that the minutes of the regular meeting of January 2, 1990, be approved as recorded, seconded by Councilman J. R. Schrader and carried. Don Holycross, new Town Manager for the Town of Pulaski, was welcomed to his first official meeting of Council. REZONING On the rezoning request for lots on Pierce Avenue, Councilman W. H. REQ. Schrader reported that the Planning Commission unanimously recommended that Lots 3, 4, 5, 6, 6A, 8, 9, 10, 11, 11A of Block 175 Section 26 and Lots 3, 4, and 7 of Block 174 Section 26 be rezoned from B-2 General Business to R-2 Residential; and also lots 1A, 1, 2, part of 3 and part of 27 in Block D Section 23 be rezoned from M-2 General Industry to B-2 General Business. Mr. Holycross stated that staff concurred with lots on the back portion of the land be rezoned from B-2 to R-2 and also that the lots fronting on Dora Highway and First Street are recommended to be rezoned from M-2 and B-2. He believed that the downzoning of the lots on Dora Highway from the M-2 classification to the B-2 classification allows the property to be used in its highest and best use yet eliminates the many objectionable uses allowed in the M-2 heavy industrial zone. The Planning Commission's recommendation to retain the B-2 zoning for those lots on Piece Avenue up from First Street is less clear cut as when you have business-zoned property in a primarily residential area there will be conflicts between the business and residential uses. The lots are currently unoccupied with the exception of the trailer storage. If the lots are rezoned to residential, would anyone be willing to make an investment in those lots for residential purposes and if not, the lots Januar7 16, 1990 PIERCE AVE. REZONING REQUEST, CONT. could remain unoccupied for several years. In that regard, it may be better to see them improved and used for business purpose such as Mr. Witt is proposing than to have them unused and deteriorating. The trailer storage is currently a non-conforming use within the B-2 zoning district. This non-conforming use could remain on the property indefinitely even if it is rezoned to residential. The use must be halted for a period of up to two years for it to not become non- conforming and in that situation, could not be reinstated. Mr. Holycross further stated that regardless of whether the lots are rezoned, we will take whatever action that we can to ensure that the lots and existing buildings will be cleaned up and we are proceeding in that regard. Mr. Holycross advised that the Building Inspector had looked at property and there are some concerns about the safety of property and he has prepared notice to be sent to the property owner. Mr. Terwilliger stated that under the current ordinance, this is a rezoning that did not come from the property owner and therefore the Council would not have the authority to impose conditions for a specific type of use within the proposed rezoning. Once Council adopts whatever zone, then any lawful use by either Mr. Witt or any future owner within that zoning classification would be allowable on that property. Vice Mayor Neighbors moved that Council accept the Planning Commission's recommendation on the rezoning the portions of property as so listed, seconded by Councilman Neblett. Councilman Graham made a substitute motion that the area as outlined in green be rezoned from M-1 to B-2 and the other area be zoned to all R-2 including the section that is marked 25 surrounded by a black border. Councilman J. R. Schrader seconded this motion. (For informational purposes, see the attached plat}. Mrs. Iris Hurst stated the area residents would rather see the property rezoned residential R-2 and let the buildings stand there and fall down than to see somebody put in just anything they want to put there. Mr. Witt stated there was a good chance that the tractors currently parking on Piece Avenue would be eliminated. Mr. Davidson stated this property is in a flood area and the buildings are unrepairable. He doubted that anyone would build a house on this property. Mr. Groseclose stated that most of the houses in neighborhood are non-conforming uses as none of them have the setback that is required. There is the opportunity for someone to come in and spend a substantial amount of money and build a productive business which would not be objectionable. Mr. Groseclose also stated that we have a Planning Commission report and these people are supposed to advise Council of what the appropriate use of it is. He felt the Town should be willing to accept Mr. Witt's offer to spend money to improve what is already there rather than letting it stand and collapse. Mr. Witt stated they had a construction engineer that would inspect property and make a recommendation and this will be taken back to Mr. Compton. Councilwoman Holston made a motion that we table this matter until 8674 8675 January 16, 1990 further information is obtained from the engineer on the safety of the buildings. Motion seconded by Vice Mayor Neighbors. Councilman W. H. Schrader stated that at the Planning Commission meeting, Mr. Witt did make it clear that he understood some money would have to be spent and he was willing to do this. Mr. Terwilliger stated the note he had on his desk was that the buildings would have to be razed. That is, at this point, his initial finding is that the lower buildings (area behind that is already fallen in) would have to be cleaned up completely. The Code Compliance Officer recommended the other buildings be razed and that his understanding from Mr. Witt was that he was planning to take down one half of the lower building. He was going ahead and issuing the order stating his opinion but was open to suggestions from the constructural engineer. Motion then carried on the following recorded vote: James M. Neblett - No Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - No Mary Lou Copenhaver - Absent Alma H. Holston - Aye James R. Neighbors - Aye Mayor Hancock - Aye STREET In hearin from the g public, Barbara Reese, Box 1948, 980-5235 Powder House Hollow Road, asked for maintenance of this road as the gas truck cannot make delivery to her house and as she has a health problem, she is very concerned. Mr. Terwilliger viewed Mrs. Reese's deed, with staff being directed to look at this road and if necessary, it will be referred to the Public Operations Committee. Vice Mayor Neighbors stated that Councilman Ira S. Crawford had resigned his seat on Council as he is moving his residence to the County. This property closed this date. Vice Mayor Neighbors so moved that a vacancy be declared for one of the Town Council seats, seconded by Councilwoman Holston and carried on the following recorded vote: COUNCIL VACA- James M. Neblett - Aye Andrew L. Graham - Aye NCY J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye DECLARED Mary Lou Copenhaver - Absent Alma H. Holston - Aye James R. Neighbors - Aye Vice Mayor Neighbors so moved that Robert N. Glenn be appointed fill the vacancy created by Mr. Crawford which runs until the 30th of June, 1990. Motion seconded by Councilman J. R. Schrader and carried the following recorded vote: ROBERT N. GLENN APPT. TO James M. Neblett COUNCIL J. R. Schrader, Jr. Mary Lou Copenhaver James R. Neighbors - Aye Andrew L. Graham - Aye - Aye W. H. Schrader, Jr. - Aye - Absent Alma H. Holston - Aye - Aye to 1 on Those members at this meeting voted unanimously to appoint Mr. Glenn to fill Mr. Crawford's unexpired term. Mayor Hancock stated it was with a great deal of regret and sadness Council received the resignation of Mr. Crawford. Since his election eight years ago, Mr. Crawford has made a significant positive contribution to the Town. He has been an important member of Council: and has helped Council to set a conservative, fiscal course which has January 16, 190 8576 served the Town and its citizens well. As Chairman of the Finance Committee Pete has closely examined every expenditure that was made and has closely analyzed the merits of each proposed expenditure. With his help, the Council has been able to reduce our Town's work force while at the same time, provide what we hope are continued quality services. Pete can take much credit for the fact that we have been able to keep our property taxes low. Not only has it been some time since we have had an increase in property taxes here in the Town, we, in fact were able to reduce the real estate/property assessment level from 33 cents per thousand to 29 cents per thousand. We have seen a period of progress over the past few years which has made Pulaski the envy of many Towns in Virginia. We have attempted to improve services, improve the appearance of the downtown, encourage economic development while at the same time we have been able to maintain a fiscally conservative policy and we have tried to assure that our citizens are not unduly burdened by taxes. Many of the accomplishments which have been made in recent years must be shared by all the Council and prior Councils. But he thought we would be remiss if we did not recognize tonight the important role that Pete Crawford has played in Town government over the last eight years. He thought the citizens had been fortunate to have a man of Pete Crawford's caliber on the Council to have looked after their interest and we will. certainly miss Pete - we will miss his leadership and his guidance and his wisdom. Mayor Hancock read a resolution honoring Mr. Crawford, and Vice Mayor Neighbors so moved that resolution be adopted, seconded by Councilman Neblett and carried. RESOLUTION HONORING IRA S. "PETE" CRAWFORD Upon His Resignation from the Town Council RESOLUTION WHEREAS, Ira S. "Pete" Crawford was elected to serve on the Town Council of the town of Pulaski, Virginia, in 1982 and was reelected in 1986; and, WHEREAS, during his tenure on the Town Council, he has served as the Council's representative to the New River Resource Authority and other committees and commissions, and he continues to serve with distinction as the Council's representative to Pepper's Ferry Regional Wastewater Treatment Authority; and, WHEREAS, as Chairman of the Finance Committee of the Town Council, he was instrumental in reorganizing the financial affairs of the Town and in developing a sound budget process, so that the public funds of the taxpayers of the Town of Pulaski are spent wisely and with full accountability; and, WHEREAS, Ira S. "Pete" Crawford has tendered his resignation from the Town Council; NOW, THEREFORE, be it RESOLVED by the Council of the Town of Pulaski, Virginia, sitting in regular session on January 16, 1990, that the Town Council should, and hereby does, publicly recognize the significant and lasting contributions of Ira S. "Pete" Crawford to the citizens of the Town of Pulaski and does hereby thank him for his years of service and for the unselfish dedication that he has brought to his dudes as a member of the Town Council. 8677 January 16, 1990 8 BE IT FURTHER RESOLVED that a copy of this resolution be recorded as a part of the minutes of this meeting and that the original be delivered to Ira S. "Pete" Crawford as a token of the esteem in which he is held by the Town Council. This resolution is effective upon its adoption and is adopted by unanimous vote of the Town Council of the Town of Pulaski, Virginia, on this the 16th day of January, 1990. PLANNING COMMISSION REPORT Councilman W. H. Schrader reported the Commission also reviewed a site plan for the Governor Floyd's Farm Subdivision. The Commission is very excited that someone is developing a residential area in Pulaski. There were concerns of the steep road grade and the Commission was not clear whether the developer was going to pave the road. These concerns were forwarded to the developer and we are waiting to hear from him. Site is Newbern Road, behind Twin Oaks. Councilman Schrader also stated the Commission had discussed their need for full time legal counsel. If they have a legal concern, they can pass it through Council for the Town Attorney and he can give a legal opinion back to the Commission rather than having a full time staff person at this time. Mayor Hancock suggested this matter be forwarded to the Finance Committee. Mayor Hancock also stated he would have a report at the next meeting with regard to a new chair for the Finance Committee, and he would appreciate Council's input in this matter. ORDINANCE COMMITTEE Chairman Schrader stated that committee had also been working on the Code and an ordinance needs to be adopted, adopting the Code. Chairman Schrader so moved that the Code be adopted as presented with the revisions that were before Council, including the latest version of the skateboard ordinance that was adopted in December. Effective date would be February 1, 1990. Motion seconded by Councilwoman Holston and carried on the following recorded vote: Chairman W. H. Schrader reported that the committee had met and discussed the Erosion & Sediment Control Laws. At this time, the committee is not prepared with an ordinance, but it is hoped that they can present an ordinance at the next meeting for adoption. ', TOWN CODE & REVISIONS James M. Neblett ', ADOPTED J. R. Schrader, Jr. ZONING Mary Lou Copenhaver James R. Neighbors Copies of Code that revision could be made to - Aye Andrew L. Graham - Aye - Aye W. H. Schrader, Jr. - Aye - Absent Alma H. Holston - Aye - Aye Council current has should be returned so them. Chairman Schrader also stated the Board of Zoning Appeals had brought to their attention that maybe a member of the Board should be member of the Planning Commission. They would request that the next time there was a vacancy on the Board of Zoning Appeals that the Personnel Committee use a member of the Planning Commission to fill the vacancy. January 16, 1990 ...8678 I WRECKER SERVICE The Ordinance Committee also reviewed wrecker service and the Town adopting an ordinance to do business with our local businesses that pay property taxes in Town. Chairman Schrader so moved a resolution be prepared that when it is in the best interest of the Town of Pulaski, that we try to use our local businesses as much as possible. Motion seconded by Councilman Graham and carried. PROCUREMENT Chairman Schrader re orted that the p procurement laws have changed. Presently we do not have to go out to bid up to $10,000, and over $10,000 we do. The ceiling has been raised from $10,000 to $25,000. The Ordinance Committee felt we need all the flexibility we can get, but we still need some rules and regulations as far as control of purchases. This subject referred to the Finance Committee for their recommendations. PUBLIC AND PERSONNEL RELATIONS, NOMINATING COMMITTEE RECREATION Chairman Neighbors so moved that Joe Weddle, Betty Sadler, Cheryl D. Beverly, and Mason A. Vaughan, Jr. be reappointed to to the Recreation Commission for another three year term, seconded by Councilman W. H. Schrader and carried. PUBLIC OPERATIONS COMMITTEE STREETS Chairman Graham stated that committee had met and toured the Pump House Road, Case Knife. This road is located approximately 4 miles outside the corporate limits and leads to the Town's pump house. This road is less than 1/4 mile in length. Chairman Graham so moved that the Town continue to maintain this road as we have done in the past. Further, that we encourage the families living at end of this road to petition the Virginia State Department of Highways to take this road into the State's system and the Town be willing to provide the necessary real estate for the road improvements. Motion seconded by Councilman J. R. Schrader. Mr. Holycross reported that Council had been provided estimates for maintaining the road. One option would be to pave the road at an estimated cost of $7,000. We would hesitate to do this prior to petitioning the State to take over maintenance responsibility for the road. The other option would be to use a grader, and put gravel down at an estimated cost of $1,050. Mr. Terwilliger stated that it was his belief that in order to get accepted into the State's system, we will need a widened right of way and someone will need to improve it to some extent, whether it is the Town or someone else. It is located in the County, and he believed there might be a problem. At the present, we are not maintaining it as a road but as our own right of way into our own property. This road actually lies on the Town's property. He understood from the public Works Director that the only maintenance that we have done on this road is to provide our own access to and from the pump house which indirectly serves. Copies of the deed had been distributed which states we have no obligation to maintain the road. He did not feel there was anything to prohibit the Town from donating a right of way. He did feel there might be a problem with ongoing expenditure funds for non-Town residents, solely to serve their purpose and not the Town's purpose. This is obviously a grey area. [1 8679 January 16, 1990 Vice Mayor Neighbors felt we would be setting a precedent by going into an area and maintaining a road for County residents. He felt we should back the residents by going to the Board of Supervisors and applying for something to be done to that road if we have to give them a right of way to get in. Mr. Jerry Haynes, Director of Public Works, advised that during the last three years we have probably graded and put some gravel down twice a year. By using the snow plow, we would undo everything we had done with grading and graveling. The Filtration Plant vehicles have no ' problem in getting into the pump house. Motion then carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye PUMP HOUSE J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye ROAD Mary Lou Copenhaver - Absent Alma H. Holston - Aye James R. Neighbors - Aye Chairman Graham requested than a Public Operation's Committee meeting be scheduled. FINANCE COMMITTEE FINANCE/TAX Vice Mayor Neighbors reported that committee had met. One item discussed was the request of Virginia Mountain Housing that Council waive the taxes for the Atrium Apartments. Any money saved from taxes has to be put back into their building. Apparently there is some legislation in the next session of the General Assembly granting tax relief. The committee felt that we should deny this request, and we would not take action at this time. We will wait for the General Assembly to review. Vice Mayor Neighbors reported that the committee also discussed the Peppers Ferry expenditures. For this year, we have budgeted $380,502 PEPPERSfor maintaining and operating the pump station for our portion and thus FERRY far this year expenditures have been $308591. The remaining balance is $71,911. If we incur the same type of charges for the second half of the year, there will be a deficit of about $150,000. This expenditure is for treatment cost. These expenditures were taken to Peppers Ferry by Councilman Crawford and we also have the backing of Radford and at this time Peppers Ferry will consider some type of cutback in treatment cost possibly at their next meeting. The committee also discussed one personnel matter in Executive Session. Vice Mayor Neighbors so moved that $180.00 be appropriated to account #101-1101-5312 Small Claims Fund from General Fund CLAIMS Unappropriated surplus and be approved for expenditure. Motion seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James R. Neighbors - Aye Januar;r 15, 1990 8580 UTILITIES COMMITTEE Chairman Neblett questioned the completion status of the water treatment plant. Ms. Burgess stated she thought they were in dispute on contract extension. The current extension was to expire January 28 and the contractor feels that they are substantially complete and the engineers disagree. Council will be kept informed on this problem. Mr. Holycross reported that the Town was working with Randolph House on the handicapped ramp and we have agreed to hold off fencing in that section until the matter can be resolved. Ms. Burgess stated a report from Eastern Utilities prioritizing the I&I problems was expected and that we are are still working on the manholes. TRAIN MAYOR' S REPORT STATION Mayor Hancock reported they had attended a meeting of the General Assembly in Richmond with regard to the linking of the train station and the New River Trail State Park. In attendance at this meeting: Bud Lynis, Director of the Division of Parks and Recreation, Ron Sutton, Commissioner of the Dept. of Conservation and Recreation, Senator Bird, Delegate Baker, Chamber of Commerce Director Nancy Bowman, and Lt. Governor Beyer. Assistance was requested in linking the train station and the New River Trail State Park. They were excited about this concept, however, funds may be frozen for a period of time. Ms. Burgess stated she felt they did recognize it was a small investment on the state's part compared to a lot of the requests that they received. They also recognized the investment that the Town had already made at the train station. They have rescinded all the money in the state's matching grant fund for recreation facilities until next fiscal year, but for this fiscal year until June, there will be no matching money that we can apply for the project. Mayor Hancock stated a letter had been received from Joe Morgan, County Administrator, advising of a resolution the Board of Supervisors had adopted commending the Town employees for their assistance during the recent fire at the courthouse. Mayor Hancock commended Anne Burgess for the months of service as Acting Town Manager, while at the same time, performing her own job. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT PEAK CREEK Mr. Holycross reported memorandum had been distributed on Peak Creek channel maintenance. We are recommending that since this project is not in the current budget, that it be referred to the Finance Committee for possible inclusion in the F/Y 1990-91 budget. FINANCE Mr. Holycross advised that on three of the Highway Department projects, Downtown Traffic Signals, Pinnacle Street Crossing and Commerce Street Bridge, we are starting to receive some of the bills for the Town's share of the preliminary engineering and other costs for 8681 January 16, 1990 these projects. No money was included in the current budget because we did not anticipate that we would be billed until after July 1st. Mr. Holycross recommended that this matter be forwarded to the Finance Committee for review and report by the next Council meeting. TRAIN Mr. Holycross stated two forms had been distributed that relate to STAT. the Farmers Home Administration loan for the train station renovation and requested that the Council authorize the execution of these two forms. Councilman W.H. Schrader, Jr. so moved that forms 1910-11 and AD- 1047 be hereby adopted and authorized for execution by the Town Manager, seconded by Councilman Neblett and carried. INS. Mr. Holycross reported on a public hearing he had attended on January 16 on the State Health Insurance Bill HB1116 conducted by the Department of Personnel on the proposed regulations for this program. Mr. Holycross did make comments on the proposed regulations. One concern for the Town was a mandate of a certain percentage contribution by any local government employer that participates in the program. By the year 1994, the regulations would mandate that if the Town of Pulaski participated in the program, that we would have to contribute at least 800 of the cost of employees' portion of the health insurance coverage and 50°s of the cost of any other coverage, including a family plan. We made comments to the Department of Personnel that we felt that those decisions as to the level of contribution by municipality are best determined by the local governing board as they have the information available to determine the current fiscal condition of the community and can look at the health insurance package as part of the entire fringe benefit package for its employees. We asked that this particular provision be stricken from the regulations. Others also objected to this portion of the regulations. A final copy of the regulations is expected sometime in March. They hope to have this program up and running by July 1st and meetings are scheduled during the month of February. COURTHOUSE Also, included in Council's packet was additional information on FIRE the Courthouse fire, including a copy of a resolution as adopted by the Board of Supervisors. Mayor Hancock stated in Governor Wilder's address to the General Assembly, he emphasized continued economic development in rural Virginia areas. At 8:28 p.m. Councilman Neblett so moved that Council adjourn, seconded by Vice Mayor Neighbors, and carried. APPROVED: Attest: ~~ ~~~~~. Clerk of Council ~~,,G~~OC~-c.~ Mayor . vv~~ ~~ Jar~u=.r1 l~, 1.90 HiyhwQy !. iT I ._~ E7A '~ ~ 6 T ~! 9 I0 II ~ 12 ~ I~'8 i D ~ !a ~ I A 2A 3A 4A SA ' ~ k I ' ~ 3 I I 6A 4 8 9 0 1 2 I ; 33 3 33A jMl ~ II '', I 3 4 5 6 I ! i ! South I ' IA 12 2 ~ 2 A I I~ II 3 3 3A io 4 165 5 6 S ~ 2 3 164 4 ~~ 4 ~ i 2 3 4 5 6 ~~ N ~ ~ 1 ~IOA i ~ M 9 8 175 , ~o' I i ~_ ~, ~ 8 9 10 u 7 . 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