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HomeMy WebLinkAbout03-22-49144 Council Minutes Pulaski, Va., March ?2, 1949 The regular semi-monthly meeting of the Town Council of the Town of Pulaski, Virginia was held in the Municipal Building at 4:00 P. M., March 22, 1949. 'PRESENT There were present: Mayor Marvin G.Graham, presiding Councilmen: W. D. Aust, I. R. Carper, 0. 0. Crowell, H.R.Imboden, L. C. Lemons, G. R.Steger, W. F. White, T. F. Wirt. Absent: None Also present: Town Manager: E. A. Beck Clerk Verna L. Dalton Town Attorney: Garnett S. Moore Treasurer: Mrs. Lottie R. Runion Chief of Police L. S. Boothe Visitors; Library Board; Mrs . ViE. E. Knapp, Mrs. Mary B. Gilmer: Also: Mrs . Grace PIT. Carnahan and C.D, Glendy, Mr. Fred Cole. others: P. H. Conner, Robert P. Beamer, Carson W. Dalton and George S. Bunn, Jr. .MINUTES The minutes of the regular monthly meeting held March 8, 1949 were read and approved, On motion of H. R. Imboden, seconded by T. F. Wirt, it was unanimously PULASKI COUNTY RESOLVED, that this body will go on record as FLEE LIBRARY approving an increased appropriation for the Pulaski County Free Library, to be effective the fiscal year beginning Sept- .-increased ember 1, 1949 and made a part of the budget, the said appro- ap i~-r opr.i ~z ~- tion priation to be conditioned upon the County Boardlof Supervisorst providing an amount equal to twice the amount provided by the Town, and the Townts appropriation not to exceed Five Hundred (500.00) Dollars, or making a total of Three Thousand(~3,000.00) Dollars to be provided in the Townts budget. APPI,IC;~.iIONS On motion duly made by W. F. White, seconded by FOR BLDG. T. F.Wirt, it was unanimously PER1viITS RESOLVED, that the following applications for -Landis building permits be granted: To E. K. Landis for one-story addition of four room apartment and bath, cement blocs, stuccoed, on southwest side of present resident at 821 Jefferson Avenue, ~Fowers Elec. north, estimated cost X5,000.00; To Powers Electric Company (by Company J. P. Foley) for cinder block tool"shop, approximately 16 x 17t, rear of Powers Electric Company at 213 Jefferson Avenue, between. ~~Jackson 3rd and 4th Streets, estimated cost of X400.00; To Munsey Jackson ~~~ Council Minutes Conttd. Pulaski, Va., March 22 1949 1 -Herndon BLDG. APP. T. J. MCCARTHY for one-story private garage and coal house, 18 x 20~, ci~~iar block, rear of Munsey Jackson Plumbing Shop between Secondl~& Third Streets, estimated cost 300.00; To M. G. Herndon f one room addition, frame, to dwelling at 619 Hickory Aven , estimated cost 300.00. '~~ '; On motion duly made by T. F. Wirt, seconded by W..:F. White, i t was unanimously RESOLVED, that the following application for buil,~ding permit be granted: To T. J. McCarthy for two stores and r~model~- ing of Hotel Pulaski property, one story, pre-cast stone, index block, brick faced, facing of present building with two-i h pre-cast stone; one store to face Pdain Street on vacant lo~ - the other to face Washington Avenue along Peak Creek, esti~ated cost of 50,000.00. ~ PETITION A petition from residents on Peirce Avenue requesting PEIRCE AVE. that the Town take action to eliminate the dust fro m the streets RESIDENTS 1 1 -re. dust -cal.chl. spread EASEMENT RALPH B. RUTHERFORD PROPERTY in this vicinity was presented. On motion duly made by W. F. White, seconded by H R. Imboden, it was unanimously RESOLVED, that prior to the current baseball seasgn, calcium chloride be spread on Peirce Avenue and the streets in the immediately adjacent in order to relieve the residents±of du On motion duly made by V`J. F. White, seconded by ~. C. Lemons, it was unanimously ~~~ RESOLVED, that the Mayor be authorized to execute, and the Clerk attest the following agreement between Ralph BYE Rutherford and Wife and the Town of Pulaski: ,~ " ~ WITNESSETH : - "! WHEREAS, Ralph B. Rutherford,. one of the parties ;..of the first part, is the owner and holder of the fee simple ~ title ~: to Lots Numbers Fifteen (l5), and Seventeen (17) in Block'24, as shown on plat of the Pulaski Land and Improvement Gompany~~ of record in the Clerks s Office of the Circuit Court of Pula~i County, Virginia in Deed Book 15, Page 10, which is also and referred to as the Official RTap of the Tavn of Pulask~~, ~-4 ~.~ Virginia; and ~ V7HEREAS, J. W. Keister, a predecessor in title t~ lots, did by deed dated December 13, 1927 and of record iY aforesaid Clerks Office in Deed Book 62, Page 3, give to the party of the second part the right to construct, own said the gran rate t 14,4 Council Min. Cont' d. Pulaski, Va., March 22, 1949 and maintain a storm sewer along, under, and across the said lots, sub3ect to the following conditions and limi- tations: "That the said Town of Fulaski will so construct the said storm sewers, maintain and operate same in such a manner as not to interfere in any way with the erection of _ any building or buildings on said lots, and will do all things necessary to protect and strengthen said sewer lines across the said lots in the event that any building shall be constructed thereon, and will indemnify and save harmless the owner of said lots from any damages by reason of the construction, operation, and maintenance of said sewer lines across the said lots." WHEREAS, the parties hereto desire to rescind the above quoted portion of the deed conveying said easement;- NOVIP THER~'ORE, in consideration of the premises, and other mutual benefits accruing to the parties hereto, it is mutually agreed that the above quoted portion of said deed shall be and it hereby is rescinded and agreed to be henceforth void; however, all other conditions, rights and privileges of the deed conveying said easement shall remain in effect. '~ WN COtvSTRUCTION On motion duly made by T. F. Wirt, seconded by THORIZEII 0. 0. Crowell, it was unanimously SAME RESOLVED, that the Town construct a reinforced concrete culvert in the ditch line of the easement on Ralph _ B. Rutherfm d property and further provide a drainage pipe fm the springs, also to be located in existing ditch line. Of~T3INANCE On motion duly made by T.F. Wirt, seconded by H.R. Imboden, and unanimously passed, the following ordinance TRAFFIC was adopted: VIOLATION OTICES AN ORDINAPICE TO PROVIDE FOR THE ISSUTANCE OF TRAFFIC VIOLATION NOTICES AND PROCEDURE THEREUNDER, AND TO PROVIDE FOR PENAL- TIES THEREON AND PAYI~ZENT THEREOF. BE IT ORDAINED THAT Traffic Violation Notices shall be issued to operators of vehicles without Town license plates, violators of parking regulations and all other non-moving violations, with the exception of parking too close to or in front of fire hydrants and fire stations, unless circumstances warrant other action, in which event the usual procedure of summons or arrest will apply; said Traffic Violation Notices may be ~~~ i Council Minutes Contd. Pulaski, Va., March 22,;';1949 settled by payment, within a period of forty-eight (48) ho~Izrs 1 1 after its issuance, of a minimum penalty of One Dollar (~1J100), which shall be in complete satisfaction of the offense, p ent to be made to such persons at Police Headquarters as from ime ro time shall be designated by the Town Manager to receive such payment; failure to pay said Traffic Violation Notices as ~,bov~ provided for punishment of misdemeanor under the laws of t11.e State of Virginia. All amounts paid in under this ordinance tip be credited to and become a part of the general fund of the Tvm of Pulaski. It shall be the duty of the Town Manager a~ld he is herebv authorized to set up, establish, and publish a Rill and complete procedure for handling traffic violation notices,F~and shall render reports on compliance thereof at such times a~ he may deem it necessary. This ordinance shall be considered as an a~endmer~ to the general Parking Meter Ordinance adopted the 8th da# of October, 1946, insofar as it extends the time period in wh~!ch tt 'Notices" may be paid from twenty-four (24) hours after issuance ,i to forty-eight (48) hours, and in any other manner in which it is inconsistent with the said general Parking Meter Ordinance N~ An emergency existing this ordinance shall~be in f'. ORDINANCE; FAILURE TO APPEAR OR PROr~7ISE TO APPEAR UPON SUP,IMONS ISSUANCE full force and effect from the date of its passage. I. R. Carper, adopted; On motion duly made by 0. 0. Crowell, seco~ded b and unanimously passed, the following ordina ce wa~ i AN ORDINANCE TO PROVIDE PENALTY FOR FAILURES TO GIVE WRITTEN rROMISE TO APPEAR,. OR UPON GIVING IT, FAILS TO APPEAR, OR FAILS TO APPEAR ti'VI~EN ISSUED A SUMMONS, OH OTHERWISE NOTI- ' FIED TO AYr~;AR. BE IT ORDAINED THAT: promise to appear, given in accordance with the above, or ~1 other Ordinance of the Town of Pulaski, shall be gta.ilty ofMfa ;~ If any person upon being given a summons, notice, or is otherwise notified to appear, to answer an offense c~arged~ :refuses to give a written promise to appear, he shall be t~iken immediately by the arresting officer before nearest court dr justice having jurisdiction thereof. Any person who wilfully violates his written 1~~~ Council Minutes Cont. Pulaski, Va., March Q2, 1949 misdemeanor, regardless of, and in addition to the dispo- sition of the ,charge upon which he was.originally arrested. An emergency existing this ordinance shall be in ful'1 force and effect from the date of its passage. 'ORDIN'ANCE On motion duly made by T. F. Wirt, LEWD AND seconded by 0. 0. Crowell and unanimously passed, the LASCIVIOUS following ordinance was adopted: fCOIIADITATIdN ~ AN ORDINANCE PROHI331TING Lh't~D AND ` LASCIVIOUS COHABITATION, PROVIDING ~ FOR PUNISHMENT- AND PENALTY FOR SECOND OFFEtvSE. BE IT ORDAINED SY THE COUNCIL OF THE TOVIFI~T OF PULASKI, THAT: If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewd- , ness and lasciviousness, they shall be fined not less than Fifty Dollars 050.00) nor more than Five Hundred Dollars 0500.00); and, upon a repetition of the offense, and convic- tion thereof, they may also be confined in fail nqt less than six nor more than twelve months. An emergency existing this ordinance shall be in full force and effect from the date of its passage. ORDINANCE ~ On motion duly made~by H. R. Imboden OFFENSE~TO , seconded by 0. 0. Crowell and unanimously passed, the follow- RESIST ARREST, ing ordinance was adopted: IMPEDE THE AN ORDINANCE MAKING IT Aiv OFFENSE TO iADMINISTRATION RESIST ARREST, IMPEDE THE ADMINISTRA- OF JUSTICE AND TION OF JUSTICE, AND TO FLEE FROM TO FLEE FROM CUSTODY: AND PUNISHMENT THEREFOR.. CUSTODY BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PUZASKI, THAT: Tf any person wilfully interferes with a police or other town officer, by threat, or force, or attempt to intimidate or impede, or if any prisoner in the custody of a duly qualified police officer, whether a regular or special officer, flee from such custody, then such person or persons shall be guilty of a misdemeanor and shall be punished in the same manner as provided for punishment of misdemeanors under the Laws of the State of Virginia. _ An emergency existing this ordinance shall be in full force and effect from the date of Tats passage. On motion duly made by 0. 0. Crowell, .seconded by I. R. Carper and unanimously passed, the following ordinance was adopted: 1 1 1 Council Minutes Conttd. Pulaski, Virginia, March ORDINANCE .AN ORDINANCE I~'IAKING AN UNJUSTIFIED ASSAULT ANI~' UNJUSTIFIED ASSAULT BATTERY AN OFFENSE, AND PROVIDING PUNISH14iENT AivD BATTERY THEREFOR. ~~~ 2, 194c BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF ~~ PULASK I, THAT : ;; f ~! Any person who commits an un3ustified assault~~r ~. battery upon another which does not amount to a felony, as defined by the laws of the State of Virginia, shall be fined not exce'~ding Five Hundred Dollars 0500.00 ), and confined in 3ai1 not exceeding three months, either or both, in the discretion of the court.; An emergency existing this ordinance shall be!~.n full force and effect from the date of its passage. ORDINANCE On motion duly made by 0. 0. Crowell, seconded by ADULTERY H.R. Imboden, and unanimously passed, the following ordinance was adopted: j FORNICATION: INCEST: AN ORDINANCE PROHIBITING ADULTERY AND FORNICATION: ' INCEST: AND PROVIDING FOR PUNISHMENT. BE IT ORDAINED BY THE COUNCIL OF THE TOV~N OF PULASKI, THAT: ; ;: J CURB AND GNT TER POLICY 1 If any person commit adultery or fornication,~e shall be fined not less than Twenty Dollars 020.00). And if`i'ihe commit adultery or fornication with any person, whom he is fo~h- bidden by law to marry, he shall be deemed ~u.ilty of a misdemtl~anor, and shall be punished in the same manner as provided for puni?~hment' of misdemeanors under the laws- of the State of Virginia. An emergency existing this ordinance shall be n full force and effect from the date of its passage. '~ On motion duly made by T. F.Wirt, seconded by i 0. 0. Crowell, it was unanimously G RESOLVED, that this body shall go on record st~.ting that the general policy of the Town has been and shall contire to be to undertake the construction of curb and gutter when all ~f the property owners within a block request for same and offer to day one-half (1/2) of the cost of the construction, the Town will;'; then enter into an agreement to undertake the construction of curb~~and .gutter. Gurb and On motion duly made by H.R. Imboden, seconded ~y Gutter 0. 0. Crowell, it was unanimously , -White, Glenn Meredith RESOLVED, that the request of Miss; Mary White ~~rid Mrs. Elizabeth Glenn and Mrs. Constance Meredith for curb anc n d~ 1~.~8 Council Min. Contd. Pulaski, Va., March 22, 1949 gutter on Fifth Street between Jefferson and Randolph Avenues will be approved provided the abutting property owners within the .b lock will make request and offer to pay one-half (1%2) of the cost . PUBLIC ADDRESS' :ORDINANCE The Town Attorney was directed to prepare a suggested ordinance on use of public address systems. PETITION A petition from property owners on Hickory HICKORY AVENUE SANITARY Avenue for construction of a sanitary sewer was presented, and ~SEI'M1~ER this matter was discussed in connection with a general policy General policy re. connections study DELINQUENT WATER AC C OUTJTS N. ~ W. TRAIN REMOVAL on water and sewer extensions, and the assistance in financing the same. The Town Manager was directed to make a study and present suggestions to the Council in this matter. The Hickory Avenue sewer request was deferred pending this report. A Treasurerts report of the delinquent water accounts was presented. The Council discussed the provisions of the charter making a lein on the property for delinquent water accounts. It was suggested that an ordinance covering this be prepared. The request of the Norfolk & PJestern Railway Company for a hearing before the State Corporation Commissions to obtain permission for removal of certain train service which would affect Pulaski was discussed as to whether, in the interest of the community, there should be some repre- sentation at this hearing. On motion duly made by 0. 0. Crowell, seconded by H. R. Imboden, it was unanimously MILK COMMISSION HEARING RESOLVED, that the Town Attorney be instructed to prepare a suitable resolution to be presented to the Milk Resolution Commission Board at its hearing, such resolution to be incorpor- ated in the Minutes. A RESOLUTION OF TOWN COUNCIL TO MILK CONTROL CUNlMISSIOiv V'1'HEREAS, The State Milk Control Cozmnission has notified the citizens of this community that a hearing will be held in Roanoke, Virginia at the Hotel Roanoke on March 23, 1949 at 2:30 p.m., to determine if the present local price of milk will be maintained. WfiEREAS, The increase in the price of milk was permitted November 16,-1948 to term~.tlate March 31, 1949, ~! ~~ ~ ~~ Council Minutes Conttd. Pulaski, Va., March 22, 1949; WHEREAS, The present tendency of prices on mar consumer goods has been to be lowered, WHEREAS, The value of milk to diet of a large ~humber of the population is recognized, WHEREAS, The present leveling off of wages and~cost has affected a number of citizens; Now therefore be it RESOLVED, That this body go on record that in ahe . interest of its citizens and feeling that without undue har~~.ship to the milk producers industry, the present price of milk should k not be increased, and that the increase effected November,;~.948 should be removed if possible. Be it further Resolved, That official represer~ation '. for the Town be present at the hearing in Roanoke to preser~ this resolut~.on and express the views of the council, and furthe~ pro- I tact the interest of the Town and welfare of its inhabitant . ~ On motion duly made by ti`d. F. White, seconded bar L.C. Lemons, it was unanimously RESOLVED, that the action of the Council taken=at the regular semi-monthly meeting held on the 22 day of Feb~p.ary, 1949, be rescinded and Be it further Resolved, That the Town reinsta].t' parking meters on the East side of Washington Avenue 3ust r~brth of North First Street. ORDINANCE On motion duly made by W. F. White, seconded bar H.R. Parking east Imboden, and unanimously carried side Wash.Ave. BE IT ORDAINED, That parking on the Eaet side ~f between lst & railroad Vdashington Avenue, south of First Street, N.E. to the rail ad -5 minute crossing be restricted to five minute park ing between the Y~Ours of 8 a. m. to 10 p. m. This Ordinance shall be enforced tY~ same as other traffic regulations, and the violation of the same~Ishall be handled as other parking violations. ~~~ This Ordinance shall be in force effective Mar~h I 23, 1949. ORDINANCE On motion duly made by H. R. Imboden, secondec~'by Parking west G. R. Steger, and unanimously carried ' side Wash.Ave. 2 hr.meters BE IT ORDAINED, That parking on the West side~f Washington Avenue, south of First Street, N.W. to the railad crossing be restricted to two hour parking between the hou of • 8 a. m. to 6 p. m., and that-this be established as a parki~g meter zone. This Ordinance shall be enf orced the same as to ` ~,.,.-..~~.e. 1~~C~ Council Minutes Contd. Pulaski, Va., Pdarch 22, 1949 Parking Meter Ordinance and shall become a part of the same. This shall be effective upon the installation 'METER TO ~2-HR. TYPE (DISCUSS ION ADJOURNMENT of parking meters by the Town Manager. On motion duly made by G. R. Steger, seconded by H. R. Imboden, it was unanimously . RESOLVED, That the discussion pertaining to conversion of parking meters from one-hour to two-hota~meters be continued. There being no furtY~ r business, the Council ad3ourned at 6:20 p.m. Attest: ~Z erk of Coune i l Apgar ov e d Mayor 1 1 1