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HomeMy WebLinkAbout11-23-71~~~~_~.e Minutes of the regular meeting of the Pulaski Town Council, held November 23, 1971 at 7:00 P. M., in the Council Chambers in the Municipa Building. There were present: Mayor C. Robert Edens, presiding. Councilmen: J. L. Congrove, Mason A. Vaughan, Raymond F. Ratcliff, S. G. Frye, William A, House, Glen K. Aust, J. H. White, A. L. Graham Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Esther Giilliams, Southwest Times reporter T. J. McCarthy, Jr. Attorney Robert Ingram, Attorney Approximately 25 citizens The invocation was given by Councilman Frye. The visitors were welcomed by Mayor Edens. Minutes of the regular meeting of November 1, 1971 were approved as recorded, Mayor Edens advised that at the last meeting of Council MAJORITY OF COUNCIL FAVORED LEAVING ADAMS STREET OPEN - AS IS . a decision by Council on the closing of a portion of Adams Street was withheld ftntil Council could in a body view the street petitioned to be closed. Mayor Edens reported that all members of Council had looked at this situation on November 3rd, with the exception of Councilman Ratcliff, who was in the hospital at that time, but that he had not polled the members, but would do so at that time and also hear any report from the Street Committee. As the matter had not been referred directly to the Street Committee, Councilman House stated there was no report from the Committee. Mayor Edens read again the recommendation of the viewers in which they all three agreed that the closing of the portion of the street in question, would not cause any inconvenience to anyone. A poll of Councilmen was called: J. L. Congrove - favored leaving the street open Raymond F. Ratcliff - no comment William A. House - favored leaving the street open G1ea K. Aust - favored closing the S. G. Frye - disqualified himself because of owning land in the area J. H. White - favored leaving the street open A. L.•Graham - favored leaving the street open Mason A. Vaughan - favored leaving the street open 1 1 1 ° ~_~L ~a November 23, 1971 Mayor Edens stated it was the decision of Council that the street known as Adams Street remain open, and it was his feeling that it was the town's responsibility to help keep this QUESENBERRY - ASKED FOR street cleaned rather than that of the property owners adjacent THROUGH ST. WELL to same. Mr. McCarthy then asked that the street be kept clean and LIGHTED, ETC. as well lighted as in other open streets. Mr. F. H. Quesenberry, one of the petitioners, asked when they could expect a through street, lighted street, and police controlled. No definite time was given by Council for these improvements in view of the street not being improved or paved. Attorney Robert Ingram advised Council that the Booth American Company has constructed and operated a Community Antenna Television system in the Town of Pulaski since September of 1965 under a Town REQUEST THAT of Pulaski franchise, and this Company now requested the authority TV and approval of the Town Council to transf er its rights and obliga- FRANCHISE BE TRANS- tions under the franchise ordinance as provided under Section 11 of FERRED the Ordinance, to Eontinental CATV Incorporated of Virginia, a wholly owned subsidiary of Vikoa, Incorporated. There were representatives of Booth American Company and Continental CATV Incorporated present and a lengthy discussion followed between the Attorney, representatives and the Council, particularly with regards to the clause "fair market value" and "goodwill" of the system. On motion of Councilman Ratcliff, seconded by Councilman EXECUTIVE Graham, and carried, a recess was called for Council to retire to SESSION HELD ON its conference room and discuss the matter further. TV REQ. After a fifteen minute recess, Mayor Edens advised that it was the desire of the Council to accept the transfer of the franchise COUNCIL as it now exists between Booth American Bompany and the Town and ACCEPTS THE TRANSFEI~eave -open the wording of the paragraph dealing with the fair market OF TV FRANCHISE value and good will at some later date, and that a public hearing must be held on the matter before approval can be granted inasmuch as the Town Attorney stated he felt this was a change in the franchise. o~ ~-~~~~ November 23, 1971 Councilman Vaughan moved that the ordinance presented by the Town Attorney transferring the Town of Pulaski CATV franchise from Booth American Company to Continental CATV of Virginia, Incorporated, -i. and to provide conditions of said transfer and payment of fee be _:: ___ _~ -_. r adopted, subject to further consideration of a clause presented by Mr. Ingram dealing with the definition of how "fair market value" and ':goodwill" would be defined in the event the Town ever elected to purchase the equipment of the grantee, and pertaining to Section 12 of the Franchise Ordinance. The motion was seconded by Councilman House, and carried. AN ORDINANCE TO TRANSFER THE TOWN OF PULASKI CATV FRANCHISE FROM BOOTH AMERICAN COMPANY TO CONTIN- ENTAL CATV OF VIRGINIA, INC., AND TO PROVIDE CONDITIONS OF SAID TRANS- FER AND PAYMENT OF FEE WHEREAS, by ordinance duly enacted by the Council of the Town of Pulaski, Virginia, on the 21st day of July, TRANSFER 1964, City Cable Company, Inc., was granted a franchise to operate and maintain a community cable television OF TV CABLE system in the Town of Pulaski, Cirginia; and, FRANCHISE WHEREAS, by Resolution of the Town of Pulaski dated July 1, 1965, City Cable Company, Inc., transferred all of its rights in, to and under said franchise to Booth American ORDINANCE Company, a Michigan corporation, who presently operate said system under said franchise; and, WHEREAS, Booth American Broadcasting Company proposes to sell its rights under the Pulaski franchise to Continental CATV of Virginia, Inc., a subsidiary of Vioa, Inc., by purchase agreement to be closed on November 30, 1971, and together with Continental CATV, Inc. jointly requested the Town of Pulaski to transfer the CATV franchise from Booth American Company to ~ ontinental CATV, Inc.; and, WHEREAS it appears to the Council of the Town of Pulaski, Virginia, that said agreement to transf er has been made in good faith, and that the Transferee is a company of good reputation, and that the rights of none of the citizens of the Town of Pulaski, Virginia, will be prejudiced thereby; BE IT THEREFORE ORDAINED by the Council of the Town of Pulaski, Virginia, that: (1) The transf er of said franchise .from Booth American Company, a Michigan corporation, (the parent corporation of Booth Broadcasting Company, Inc.) to Continental CATV of Virginia, Inc. (a subsidiary of Vikoa, Inc.) be, and the same is hereby approved, ratified and confirmed, subject to the following: 1. The execution of a purchase agreement on November 30, 1971, and a certification of both corp- orations that the sale and transfer provided there- in has been completed. r,.. a , f P~.~ r.. November 23, 1971 2. That Continental CATV, Inc., comply with the provisions of Section 11 and other applicable sections of said franchise concerning filings, etc, 3. That Continental CATV, Inc., nor any of its Agents or employees, shall undertake a dealer- ship or sales outlet for the commercial sale of television sets and/or other television equipment, nor shall they undertake, or establish a business to do any repair or service work on television sets, aerials or other television equipment not owned by the Continental CATV, Inc. 4. That Continental CATV, Inc., at the proper time, shall agree to any amendments to the said franchise made necessary or desirable by any rulings of the Federal Communications Commission or by actions or laws passed by the Congress of the United States, or the Town of Pulaski, Virginia. 5. That the Continental CATV, Inc., pay to the Town of Pulaski, Virginia, two per cent (2%) of its annual gross revenue or the sum of Two Hundred Dollars .($200.00), whichever is greater, 6. The Transferee shall abide by and keep all the provisions of the franchise ordinance. Adopted this the 23rd day of November, 1971, by the recorded votes of Council, as follows; Glen K. Aust - aye Andrew L. Graham, Jr. - aye S. G. Frye - aye William A, House - aye J. L. Congrove - aye Raymond F. Ratcliff - aye Mason A. Vaughan - aye J. H. White - aye Mr. Obel Ratcliff discussed with Council- the number of drive- ACCESS ways and access points that will be provided for in the proposed TO RT.11- ®llison new street from Bob White Boulevard to Route 11 (Dublin Road), as LANE PROJ . well as the upcoming public hearing to be held on the first phase of this new street. A request from Paul Roop that Medallion Drive be accepted ST. COMM. TO CONSIDER into the Town's street system was turned over to the Street Committee REQ. FR. P.ROOP-RE: on motion of Councilman Aust, seconded by Councilman Vaughan, and MEDALLION DRIVE carried. HAZARD hazard INTERS EC. RT . ]L]L & Road . PEPPERS FR. RD. Commit Mrs. 0. M. Duncan called Council's attention to a traffic at the intersection of Fico Terrace Street into Peppers Ferry Councilman Ratcliff moved the matter be referred to the Street tee, which motion was seconded by Councilman Frye, and carried. ~" ~ ,~-~ ~~_~ November 23, 1971 Councilman House reported that the Street Committee had met and discussed several items: Two loading zones on Main Street REPORT OF between Washington and Jefferson Avenues, and some comment had been ST. CHRMAN RELOADING received from the Merchants. Town Manager Marshall was to set up ZONES MAIN ST., MAIL a meeting with the proper authorities to discuss possible approaches BOX RELOCAT . , PIERCE AVE, to this situation. Another matter which had been considered by the Committee was parking just east of the Municipal Building and at the Post Office with possible changes having been suggested, and the relocating of the mail box on the south side of First Street. Mr. House further stated that improvements to Pierce Avenue had been delayed because the Public Works Department had been tied up on priority jobs, such as blacktopping, etc., and no definite con- clusion had been reached, but progress was being made. Councilman Frye reported thatthe Finance Committee had met FINANCE COMM. with some of the members of the New River Valley Emergency Squad TO REPORT AT NEXT MEETING prior to the Council meeting, and that a report would be ready ON RESCUE SQUAD REQ. for Council at its next regular meeting. Councilman Vaughan called to the attention of Council the fact that Council had some time ago voted to convert the Town Retirement Plan to the Travelers Insurance Plan, and then it was decided to look into the possibilities of the Virginia Re- tirement System Plan. He further stated that Meidinger and Associates, Actuaries of Richmond, Virginia had agreed to make a ACTUARIAL STUDY OF VA. RET. study of the Plan for the Town at a cost of $1,380,00, and he PLAN - FEE ~F13,800.00 felt that Council should make some effort to get this matter APPROPRIATED completed. Councilman House moved that the Town have an actuarial study made of the Virginia Supplemental System, at a cost not to exceed $1,380.00, which motion was seconded by Council- man White, and carried on the following recorded vote: J. L. Congrove - aye Raymond F. Ratcliff- aye William A, House - aye Glen K. Aust - No S. G. Frye - aye J. H. White - aye A. L. Graham - aye Mason A. Vaughan - aye. 1 1 [: As had been advertised in the Southwest Times, Council held a public hearing for the purpose of considering the amloption PUBLIC HEARING of an ordinance to prohibit the keeping of inoperative automobiles ON INOPERABLE AUTONB~BILES in certain zones within the Town other than within enclosed buildings, ~- .~ ~ ' c~~' November 2,1971 providing exceptions and penalties for violation. No one appeared either for or against the adoption of such an ordinance, but Mr. Obel Ratcliff did call Council's attention to some old cars and trucks on private property on which the Town does not realize any revenue. In a discussion of the adoption of such an ordinance it was brought out that until such time as the Town was in a position to dispose of these abandoned cars, etc., the adoption of an ordinance should be withheld. Councilman House moved that the matter of a solution to this problem be turned. over to the Sanitation Committee Chairman J. L. Congrove. The motion was seconded by Councilman White, and carried. Mayor Edens called attention to the first of Town Hall Meetings FIRST TOWN HALL MEET. to be held once a month, which would be held on Tuesday night, November NOV . 30TH 30th, at 7:00 P. M. Mayor Edens stated if Council wished to make any Charter changes, especially with regards to the qualification of a Councilman or Mayor CHARTER CHGES . GEN. ASSEMB. being a free holder, that they should be making it known now before MEETS IN JANUARY the General Assembly convenes in Jmiuary of 1972. There were pros and cons expressed at this time, and it was felt this might be a good subject for discussion at the first Town Hall Meetirg . On motion of Councilman Ratcliff, seconded by Councilman Graham, and carried, the following resolution was adopted: With the death of Robert Bunts on October 14, 1971, the people of the Town and County of Pulaski lost a man who many RESOLUTION looked upon as the "Champion of Causes", a spokesman for those who felt a need to be heard. RE• BOB BUNTS Bob Bunts spoke out, sometimes for a project, sometimes against one. Whether he was right or whether he was wrong was often the subject of much debate. No one, even those who disagreed with him, questioned the fact that what he did, he did with the belief that it was right; that it would be good for those whose lot in life seemed less than it should be. ' Bob Bunts lived a great part of his life in Pulaski County, leaving only when his work took him away. He was a merchant. He liked people. It was only a natural sequence to sellto them. Bob Bunts will be remembered for many accomplishments. Some of them achieved with thehelp and cooperation of this Council, others by what could possibly be considered accom- plished by contending with the Council. Few possibly know that Bob Bunts was a considerate man, but Town officials will remember hims as such when they recall the occasion on which he appeared at one Council meeting with a cake and other refreshments to serve the Council for a time of fellowship following the meeting. ~ V r-eJ a~`~ November 23, 1971 The persistence of Bob Bunts was evident throughout his lif e. He did not give up even when financial setbacks came his way, nor did he when he felt that some public good could be obtained. His concern and spirit will be long felt. It-followed him even in death by the donatipn of his body to medical science in one last effort to contribute something that could possibly help his fellowman. The Town Council regards the death of Bob Bunts,as a loss to the Town. It recognizes his service and pays tribute to his memory. NOW, THEREFORE, BE .IT RESOLVED, by the Council, meeting in Regular Session on this 23rd day of November, 1971, that: "It records its appreciation for his concern for the people of this Town and the services rendered towards the end that good government prevail and serve all the people. It further records its sorrow upon his death and extends its sympathy to his daughter" . IT IS RESOLVED FURTHER, that the Clerk of .the Town Council send a suitably prepared copy of this Resolution to Mrs. Ann B. McCall, Culpeper, Virginia. Adopted by Unanimous vote this 23rd day of November, 1971. Town Attorney Moore reported that certain legal steps TOWN ATTY . TO CL. TITLE should be taken to clear the title to the old Municipal Building on TO OLD MUNICIPAL Washington Avenue, and was advised by Council to proceed with the legal BLDG. steps to clear the title. Town Manager Marshall reported that with the assistance from . COUNCIL V.P.I. personnel and the Assistant Building Inspector, the applica- APPROV . RECERTIFIC. tion for re-certification of the Workable Program had been completed and OF WORKABLE PROGRAM only needed the approval of Council for forwarding same on to HUD. Councilman Vaughan so moved, which motion was seconded by Councilman Congrove, and carried. Town Manager Marshall stated a request from the Edens REQ. FROM Distributing Comany for an encroachment on Dora Highway of approximately EDENS DIST. 23 to 25 feet, had been received, and suggested that the matter be referred to the Street Committee, and Administrative Staff to look into same. Councilman Aust so moved, seconded by Councilman Graham, and carried. Town Manager Marshall reported that Form A-95 had been submitted to the Division of State Planning and Community Affairs APPL IC . FOR notifying the State and HUD that the :T own will be filing a complete SEWER FUNDS FR. HUD & application for approximately $146,000.00 for sewer funds. STATE 1 I 1 ~` November 23, 1971 There being no further business, the meeting adjourned at 10:20 P M. APPROVED: ~, Mayor Edens ATTEST: Clerk o the Council 1