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HomeMy WebLinkAbout03-19-85March 19, 1985 ~ i ~J Minutes of the Regular Meeting of the Pulaski Town Council held March 19, 1985, at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Vice Mayor James R. Neighbors, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, C. E. Boyd, Jr., Ira S. Crawford, Mary Lou Copenhaver, Glen K. Aust Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Anne Burgess, Assistant to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Eric Randall of the news media Vicki Futrell Mrs. Jackson The invocation was given by Councilman Aust. The minutes of the regular meeting of March 5, 1985, and minutes of the special meeting of March 11, 1985, were approved as published. Vice Mayor Neighbors advised registered speaker, Mr. Bill Randles of Cablentertain- ment, was unable to attend meeting due to illness, and will attend April 2 meeting of Council. As there were no comments from the public, Vice Mayor Neighbors called for Council Committee reports. UTI~ITIES COMMITTEE PEPPERS Chairman Johnston advised that Peppers Ferry Authority had met twice and has named FERRY Trustee for the bonds, United Virginia Bank. _, Peppers Ferry has had a problem getting bond insurance. This problem is mainly due to Montgomery County Board of Supervisors running their PSA and this is an unusual situation. March 31, 1985, is the deadline and they are confident insurance will be obtained after letters of assurance are written and financial statements verified. The Towns of Pulaski and Dublin and City of Radford, according to State Code, indemnify the Counties of Montgomery and Pulaski in terms of the subordinate financing. Chairman Johnston understood this is the same thing we did for the interim financing. Mr. McKeever stated the County could not enter into debt for more than one year. Chairman Johnston read resolution, as prepared by Spiers & Spiers, to Council, regarding guarantee of the repayment of funds drawn under the Line of credit and the interest. Council discussed this subject at length and Mr. Terwilliger requested that he review this resolution further. Councilman Boyd moved this be referred to our Town Attorney for his legal advice, with him bringing back to Council so we can meet whatever legal deadline we have to preserve the notes that will come due at the end of this month, sec©nded by Councilman Crawford and carried. Chairman Johnston voted no to this motion. Chairman Johnston advised in connection with Peppers Ferry, the Town would have to be engaged in a pretreatment program at a cost of $18,000 which is not grant eligible. Thi money can be collected through billing the various industries. Correspondence frot~~John Olver was distributed pertaining to this program. Chairman Johnston also distributed bar graph of money spent on various contracts and percent completed. At the present time Peppers Ferry owes the Town more money tha we owe them, because in some areas we have paid 1007 of bill and now the government has ~ecided it was grant reimbursable, and money is due back to us. !Chairman Johnston further distributed literature from Environmental Reporter con erning the Clean Water Act. He also advised they were taking applications for Executive Director and Head Ope ~tor of Peppers Ferry. Chairman Johnston advised the Chairmen of the Utilities Committee and the Finance Co ~ttee, Mayor, Town Engineer and Town Manager had interviewed one engineering firm r~C;1~~ March 19, 1985 for their engineering presentation for water treatment plant. More engineering firms will be interviewed and their proposals presented. A history of Peppers Ferry had been prepared by John Olver and this was included in Council's packet and shows that the Town of Pulaski is in good shape compared to the other participants. POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS & NOMINATING COMMITTEE APPOINTMENTS Chairman Neblett made a motion to adopt resolution reappointing Vicki Futrell TO and Ruth Nuckols to the Beautification Committee for a three year term; and appointing BEAUTIFI- CATION W. T. Smith, Jr. for one year term to fill an unexpired term on Beautification Committee, COMMITTEE •1 f d d d on the following recorded vote: seconded by Counci man Craw or an Carrie John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye RESOLUTION .APPOINTING MEMBERS _ __ ___ 0~ THE_ _BEAUTIFICATION COMMITTEE _ _ - _ - - _ _ _ _ WHEREAS, the. terms- of -- _- _._ - , _Vicke Futrell,__and _ id ,Ruth _Nucko ,s d _. expires on .March 1; I985; and _ _ . WHEREAS, there also exists a vacancy,,on the Beautification Committee: NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 19th day of March, 1985, that Vicki Futrell, and Ruth Nuckols be and hereby are appointed as members of the Beautifi- cation Committee of the Town of Pulaski, Virginia, to serve until March 1, 1988, or until their successors may be named; and, BE IT FURTHER RESOLVED that William Smith, Jrl, be and hereby is appointed to the Beautification Committee to fill an unexpired term which term will expire on March 1, 1986, or until a successor is named. This Resolution is effective upon adoption and is adopted this 19th day of March, 1985. LAND, BUILDINGS AND STREETS COMMITTEE REPORT OF PLANNING COMMISSION MATHEWS COURT Chairman Boyd had no report, however, gave a report from the Planning Commission on the Fred Jackson-Mathews Court street matter. Planning Commission Chairman, Dr. Anneski, advised that according to Council Minutes of 1983, the subject of Mathews Court was referred to the Planning Commission, however, the only time this subject had been sent to the Planning Commission was in 1976. Mr. McKeever stated that a legal opinion requested from Town Attorney was to be referred to the Planning Commission in 1983. Chairman Boyd requested the minutes to show that the Planning Commission never received this opinion, and had no knowledge of it. He further stated the Planning Commission met with Mr. Jackson and reviewed area of concern which was the west part of Mathews. and Fredrick Ave. A map was presented showing portions of this area that have not been accept- ed in by the Planning Commission or the Town. It is not just two streets we are concerned with, it is a large area. The Planning Commission feels the rest of the streets did not meet the subdivision standards also. The streets must be 50 ft. wide and the entire area is in question. Mr. Jackson stated to the Planning Commission that the Town is now concerned with this after twenty years and that the Town received and accepted receipts of water meters that were turned on, sewer connections which were accepted by the Town and also that the Town paved at cost plus 10~ the roads that are paved. If the Town did this, Mr. Jackson does not March 19, 1985 I ~®1 feel that he has to go back and redo it. The Planning Commission does not know the legal move at the present time, and has to have more information before they can do any- thing. Chairman Boyd made a motion the Council instruct the Town Manager to investigate and report to Council at its next meeting whether the Town has taken any formal action to approve the Mathews Court Subdivision, seconded by Councilman Neblett and carried. Chairman Boyd made a motion that the Council authorize the appointment of legal counsel to represent the Town Planning Commission and legal research in any action that may be necessary relating to Mathews Court and the Jackson Subdivision, seconded by Councilman Neblett. Chairman Boyd advised that the Planning Commission would like Mr. McKeever and Mr. Ter~~lliger to select proper counsel for the Commission. Chairman Boyd's motion carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye RECREATION AND PARKS COMMITTEE SENIOR CENTER Chairman Neighbors advised that Council was in receipt of By-Laws for SenioY' Center ADV. Advisory Board and so moved that Council adopt these amended By-Laws, seconded by' Council- BOARD man 'Glenn and carried. BY-LAWS FINL~INCE COMMITTEE Chairman Crawford had no report. ORDINANCE COMMITTEE Chairperson Copenhaver advised the Ordinance Committee met March 13, 1985, aid the draft ordinance of Motor Vehicles and Traffic, Chapter 16, of the Town Code was 1'+eviewed. Article I of this Chapter covers "In General" and adopts all traffic provisions o~ the State Code, stating they are applicable within the Town and municipal parking lot has PROPOSED been defined to include Parking Authority lots. Article II covers "Vehicle License", ORDINANCES REVIEWED and Article III covers "Stopping, Standing and Parking". The committee will continue to review this draft ordinance. The committee also discussed satellite dishes. Other municipalities regulate satellite dishes as an accessory use and they are included in their zoning ordinance. At the present time, we are in the process of adding language to our zoning ordinance that will govern these satellite dishes. Chairperson Copenhaver also advised thaw construction is taking place in Town and no building permits have been issued, and this is causing some inferior construction work to be done. Committee felt that the public should be made aware that a building permit is required. Chairperson Copenhaver stated the Municipal Code Corporation has requested a copy of our Code Book, ordinances passed that are not included in the present Code and any suggested changes. The department heads have been asked to make suggestions as to changes they would like included in the Code. The new Code will first be submitted in draft form for review by Committee and Council and suggested changes can then be made. Chairperson Copenhaver advised that public hearing had been held on the Nui ance Ordinance and read the ordinance amending Chapter 17 of the Pulaski Town +C ode. NUISANCE Chairperson moved that the Nuisance Ordinance amending Chapter 17 of the ORDINANCF,~,own Code be adopted, to be effective March 19, 1985, seconded by Councilman ADOPTED Neblett and carried on the following recorded vote: John A. Johnston -Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett -Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye ~8~2 March 19, 1985 ORDINANCE AMENDING CHAPTER 17 (NUISANCE PROVISIONS) OF THE PULASKI TOWN CODE WHEREAS, after proper Notice and a Public Hearing held on March 5, 1985, The Town Council of the Town of Pulaski, Virginia, did determine that it is beneficial to the health, safety and welfare of teh citizens of the Town of Pulaski,. Virginia, to revise and amend existing Chapter 17 of the Pulaski Town Code; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the .Town of Pulaski, Virginia, that Chapter 17 of the Pulaski Town Code (the "Nuisances" Chapter) be and hereby is amended to be in teh form attached hereto as Exhibit A, which Exhibit A is hereby enacted into law, This Ordinance is effective upon adoption and is adopted this 19th day of March, 1985. ,{ ~ Cxh~ bit !7 J CHAPTER 17. NUISANCES. Article I. In General. Sec. 17.1. Purpose. The purpose of this Article is to promote the safety, welfare and health. of the residents of the Town of Pulaski by the abatement of all public nuisances within the Town; to provide procedures for the giving of reasonable notice to the owner or occupant of property affected by the provisions of the Article so that they may have a.reasonable opportunity to abate any such nuisance; to provide procedures whereby the Town may compel or undertake the abatement of such nuisances in the event that the owner or occupant of such property fails to do so; and, set forth the procedures by which any cost incurred by the Town in the abatement of such nuisances may be charged and collected. Sec. 17.2. Authority. This Article is enacted in accordance with the general power of the Town to provide for the health, safety, and well-being of its citizens; and, in addition to, and not in lieu of said power, by the authority set forth in the charter of the Town of Pulaski, Section 5, and in the 1950 Code of Virginia, as amended, Sections 15.1-14 and 15.1-867. Sec. 17.3. Relationship of this Article to Other Articles. The powers, procedures and remedies set forth in this Article are in addition to and not in lieu of any other power, procedure or remedy that the Town or any of its officers or agents may otherwise have, and this Article shall not be construed to limit the right to utilize such other powers, procedures or remedies. Sect. 17.4. Definitions. (a) Nuisance. Every condition or activity in the Town which is offensive or prejudicial to the safety; health or general welfare of the residents of the Town shall be deemed to be a nuisance. In furtherance and not in limitation of the foregoing, Inspecting Officials by the Town shall have the power and the authority to determine that a specific activity or condition constitutes a nuisance. (b) Inspecting Official. As used in this Section, an Inspecting Official shall be any person authorized by the Town Code or the Code of Virginia to inspect property or investigate conditions and activities which might be offensive or prejudicial to the safety, health, or general welfare of the public. It includes but- is not limited to all Building Inspectors and Health Officers. (c) As used ~ n this article, the singular includes the plural, the masculine the feminine or neuter as appropriate, and vice versa. A March 19, 1985 I ~0.~ (d) Owner. Qwner means any person shown by any public record maintainel by any Circuit Court, General Distriot Court, Treasurer, or Commissioner of Revenue to have an interest in real estate lying in the Town of Pulaski, Virginia, or any successor in title taking with actual or constructive notice of the existence of an activity or condition which constitutes a nuisance, whether thk sane has been declared to be a nuisance by Inspecting Officials or not. (e) Obviate. As used in this article, the word obviate includes but is not limited to abatement, removal, nullification, and vice versa. Sec. 17.5. Authority of Town Manager. The Town Manager is hereby vested with the authority to require the abatement of any nuisance within the Town of Pulaski and is directed to do so. Said Town Manager is authorized to act either directly or through an agent. Article II. Procedure 1. 17.6. Notice of Nuisance and Intention to Abate. (a) Whenever a nuisance is found by an Inspective Official to exist, the Town Manager shall give notice to the owner of the subject premises and to the occupier, if any, of the subject premises, which notice shall set forth sufficient information as to reasonably identify the premises and the conditions complained of. (b) Such notice shall advise the addressee that unless the nuisance is removed or obviated within 30 days from the date of service of the notice, or unless the owner shall file an objection to the determination of nuisance within ten (10) days from the date of service of notice,. then the Town shall prpceed to remove or obviate the nuisance without further notice to the owner, but with all costs to be chargeable to the owner. (c) Such notice shall inform the owner of the property that they may appeal such notice to the Housing Board of Adjustment and Appeals by giving to the Town Manager a written notice that such a hearing is desired, which notice shall be in writing and either served upon the Town Manager in the manner provided for by law for service of process, or mailed to the Town Manager by certified or registered mail, return receipt requested, which service or mailing must be done within ten (10) days following receipt of notice of the condition or nuisance complained of. (d) Said notice shall be deemed to be served upon the owner of the property by either: 1. Personal delivery of said notice to a-~y owner; or 2. By mailing a copy of the notice to the: owner at his last known post office address by registered or certified mail, return receipt requested. A cppy of such notice sent to the owner by registered or certified mail at the address of such owner listed on the landbooks of the Town shall be deemed sufficient and 'equivalent to notice having been received by the owner, regardDess oEf whether such copy is returned undelivered or not; or 3. In furtherance and not in limitation of the foregoing, it shall be the responsiblity of any p~h chaser of land located in the Town of Pulaski to notify the Town Treasurer as to the change of ownership; that is, otherwise, •~ the purchaser shall'be deemed to have appointed the owner shown on the town I'~ records as his agent for the receipt of process. 4. Where the owner or his address is unknown, by publication once per w ~k for two successive weeks in a newspaper of general circulation in the Town. i Provided, however, that where notice is given by mail or publication as s t forth above, a copy of said notice shall also be posted on the subject premises' within 24 hours after said mailing, or the first publication in the newspaper, as may be appropriate. Sec. 17.7. Administrative Remedy Where Objection Concerns Time Limitations Where the owner of the subject premises does not contest the existence of the nuisance, but rather, maintains that the 30 day period is insufficient t properly or economically obviate the nuisance, the Town Manager is authoril~d, b t not required, to grant an extension of up to forty-five (45) additional d ys for t-he owner to obviate the nuisance. ~~®~ March 19, 1985 Any extension so granted must be in writing and must be signed by the Town Manager and by the property owner, and shall contain an acknowledgement by the property owner that the nuisance exists, and that the property owner agrees that if said property owner does not obviate the nuisance within the agreed time, the Town may proceed to do so without further notice to the owner and at the expense of the owner. If the Town Manager should decline to grant such extension, he shall advise the property owner of his reasons for doing so in writing, and notify the property owner of their right to a hearing as outlined below. Any request for this hearing must be filed with the Town Manager within ten (10) days following the Town's refusal to grant an extension as outlined in 17.6 (d). Sec. 17.8. Hearing. Upon receipt of an objection by the property owner to the determination that a nuisance exists, the Town Manager shall place the matter for hearing upon the agenda of the next meeting of the Housing Board of Adjustments and Appeal or a meeting called for that purpose and inform the owner or occupanL- of the property or premises affected of the date and time thereof. At such hearing, the owner or occupant of the premises affected may appear and show a cause, if any, why the condition does not constitute a nuisance or why the condition or nuisance should be abated, removed, or obviated. Technical or expert testimony may be presented by either party. Sec. 17.9. Abatement by the Town Upon Property Owner's Refusal to do so. In the event of the failure of the owner or occupant of the premises Lo abate the nuisance within a period specified in the notice, or to show cause before the Housing Board of Adjustments and Appeals why the same should not be abated, the Town Manager, following the expiration of the period specified in the notice, shall order the nuisance abated. Sec. 17.10. Recovery of T,~wn's Cost of Abatement The costs and expenses of abating any nuisance under this Chapter, less Any recovery for materials sold, shall be assessed against the person reaponaible for the condition and nuisance plus a_25% administrative fee, and shall constitute a lien against the property or premises, and shall be collected and recovered in like manner as state or local taxes. Sec. 17.11. Manner of Abatement. The Town Manager is authorized to utilize either public employees or private contractors to abate any nuisance or nuisances, as he shall deem fit. In the event that private contractors are used, the public procurement act shall be followed in their selection. Sec. 17.12. Right of Appeal. From any adverse holding of the Housing Board of Adjustments and Appeals at a hearing as provided in this Chapter, the owner or occupant requesting such hearing shall have a right for review thereof by the Circuit Court of the County. The appeal shall be taken within ten (10) days following such hearing by written petition, setting forth in particular the basis therefore, which petition shall be filed in the Clerk's Office of the Circuit Court and a copy thereof served upon the Town Manager; and which may then be heard by , the Judge of the Circuit Court upon its merits without further formal pleadings. Sec. 17.13. Authority of Town Manager in Time of Emergency. Whenever in the judgment of the Town Manager, after due inspection, any building, wall or structure of any kind has become dangerous and unsafe to persons passing upon the streets, alleys or other public places, or on private property or to adjoining property, or constitute an undue fire hazard; and that such hazards constitute a present and immediate emergency; the Town Manager is directed to place upon such building, walls or structures a placard warning all persons of the hazards. Sec. 17.14. Criminal Penalties. Anyone in violation of this Chapter, or removing a placard or notice from the posted premises shall be guilty of a class 3 misdemeanor. March 19, 1985 '~$05 PUBLIC SAFETY COMMITTEE Chairman Aust had no .report. however, questions if contractors must have ~ performance bond, with Mr. McKeever .stating we could examine this when we examine the other issues. Councilman Neblett questioned if the new ruling by Attorney General would affect us. Mr. McKeever stated at this time we did not know. The ruling was that public employees are covered by the act and do have to pay overtime. We have been complying with this and all along there has been a regulation that has exempted police and fire fighters because they normally do work more than a 40 hour week. This will be reviewed very closely by Town Manager and Town Attorney. REPORT OF TOWN ATTORNEY TOWN Mr. Terwilliger had no report, however, requested approval to attend a seminar ATTORNEY SEMINAR n iJashington, D.C. on Personnel Matters, with cost of $325 for seminar plus lodging. Councilman Neblett so moved that approval be given for Mr. Terwilliger to attend seminar, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston -Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett -Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye REPORT OF-TOWN MANAGER HISTORICAL Mr. McKeever advised that we had applied for the Historical Survey Grant SURVEY for the downtown area which would provide money to hire an architectural historian GRANT who would research, photograph, map and record structures in the downtown area and submit this report to the Division of Historic Landmarks. If approved, the downtown could be designated a historic district, and Town would be reimbursed for 50~ of the~groject cost. The total cost is $8,172 and we would be reimbursed $4,08b. No action would need to be taken until we heard whether we were awarded the grant. On this grant, people who own buildings could be granted up t~ a 25~ tax credit for improvements to their buildings. Mr. McKeever advised the Virginia Municipal League will hold Town Section Meeting on Friday, May 3, 1985, to discuss 1985 legislation affecting towns and other issues common to towns. The meeting will begin at 9:30 a.m. and end at 3:30 p.m. Members wanting to attend should inform his office as pre-registration is required. This meeting is to be held in Bluefield, VA. Mr. McKeever advised we have a donation request to purchase uniforms for the Cougar Marching Band. Council. was of .the opinion that donation should not be made from Council, but could be made as individuals. Mr. McKeever had distributed letter from the New River Valley Parachute Club expressing their views concerning the club's operation at New River Valley Airport. This letter was for informational purposes only and no action was required of Council. Mr. McKeever stated we had a resolution prepared honoring Orel F. Stoots on his;*etirement after 16 years of service as Chief Mechanic with the Department of Public Works. Councilman Boyd so moved adoption of resolution, seconded by Councilman Aust, and carried. RESOLUTION RESOLUTION OREL STOATS WHEREAS, Orel F. Stoots became an employee of the Town of Pulaski, in the Public Works Department, on August 4, 1969, and continued in that Department until Mar ~ 19, 1985. ~: WHEREAS, during all the many years of service, Mr. Stoots provided very loyal ~V~V March 19, 1985 and useful service, often over and above his normal duty hours; and WHEREAS, the unselfish service rendered by Mr. Stoots has been an inspiration to all that have known and worked with him, but he has now found it to be in his best interest to retire. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meeting in regular session on March 19, 1985, wishes to publically recognize Mr. Stoots' lasting contribution to the people of the Town and hereby thanks him for his many years of service and kindnesses by which so many have known him, and wishes for him much happiness and many leisure hours during his retirement. BE IT FURTHER RESOLVED that a copy of this Resolution be recorded as part of the minutes of this meeting, and that the original thereof be delivered to Mr. Stoots. ADOPTED this 19th day of March, 1985. EASEMENT Mr. McKeever stated at the last meeting an easement request was reviewed to REQUEST allow Charles and Frances Gore access across Town property to private property DENIED in order to cut wood. It now appears that they will first need permission from the State of Virginia to cross State property located at the top of Draper Mountain. Seeing that access can only be provided by the State through the overlook, they most probably will deny the request. Councilman Boyd made a motion to deny this request for reason so stated, seconded by Councilman Crawford and carried. Mr. McKeever presented a resolution concerning State Route 712, Millers Creek Road, in Pulaski County, Gatewood Reservoir. A lot of problems have been experienced ROAD-Gate- with people coming in from Wythe County side, putting their own boats in the water, wood and carr in firearms to the water. A Petition y g gate was installed and later we found this was to close a State maintained road. In 1965, the Town dedicated this road back to the State. RESOLUTION This gate is now open, but it is believed it would be in the Town's best interest to deny access to motor vehicles past the point where we installed the gate. Councilman Neblett made a motion to adopt resolution petitioning for abandonment of a section of State Route 712 (Miller's Creek Road) in Pulaski County near Gatewood Reservoir, seconded by Councilman Crawford and carried. Councilman Aust felt problems we had had at Gatewood in the past were due to prior caretaker. Mr. McKeever advised there is nothing in the Town ordinances to prevent anyone from carrying firearms or taking alcohol onto this property and the Ordinance Committee will be approached to review this. Councilman Neblett's motion carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - No RESOLUTION PETITIONING FOR ABANDONMENT OF A SECTION OF STATE ROUTE 712 (MILLER'S CREEK ROAD) IN PULASKI COUNTY NEAR GATEWOOD RESERVOIR WHEREAS, it appears that by Resolution adopted on April 29, 1965, the Town Council of the Town of Pulaski, Virginia, did adopt a Resolution requesting the Board of Supervisors of Pulaski County to take a road known as Miller's Creek Road (leading from the Wythe County line to Gatewood Reservoir in Pulaski County) into the Pulaski County secondary road system; and WHEREAS, said road was taken into the secondary road system and has been maintained by the Commonwealth of Virginia; and, WHEREAS, continued operation of said section of road constitures a threat to the public welfare and safety in that firearms are being brought over said road into the recreational lands of the Town of Pulaski surrounding said reservoir and are being discharged in the area; and, powered boats are being launched onto the March 19, 1985 ~~j~y~ waters of said reservoir in contravention of the health regulations; all of which acts are also in contravention of the rules and regulations promulgated by the Town over the use of its lands for the protection of the public; and, WHEREAS, alternate routes for the public for the use of the reservoir are readily available; and, WHEREAS, the Town Council of the Town of Pulaski, Virginia, has determined that the health, safety, and general welfare of the citizens of the Town of Pulaski, and of the members of the general public who use Gatewood Reservoir in Pulaski County, Virginia, would be best served by the placing of restrictions on a section of said secondary road of approximately .65 miles in length, running from the Wythe County line to the Gatewood Reservoir; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 19th day of March, 1985, that the Town of Pulaski should and hereby does petition the Board of Supervisors of the County of Pulaski, Virginia, to abandon said .65 mile section of Miller's Creek Road (State Route 712) so that it would revert to the control of the Town of Pulaski, Virginia. This Resolution is effective upon adoption and is hereby adopted this 19th day of March, 1985. Mr. McKeever advised that on November 5, 1984, an Ordinance was adopted closing an access road near Twelfth Street in the Northwood Area for Mrs. Glenn and Mrs. Wysor. At that time the language read "an access road near 12th Street, Northwood area between ,the property of Jane Wysor and Helen D. Glenn in the Town of Pulaski, Virginia". The plat was correct, however, the language was wrong. It should read "an access road near 12th Street in the Northwood area between the property jointly owned by Jane D. Wysor and Helen D. Glenn and property owned by the Pulaski County School Board." Councilman Johnston so moved adoption of amended ordinance, seconded by Council- man Neblett and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Abstain Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye AMENDED ORDINANCE ORDINANCE AMENDING AN ORDINANCE CLOSING ACCESS RD. CLOSING AN ACCESS ROAD NEAR TWELFTH STREET, IN THE NORTHWOOD AREA OF T HE TOWN OF PULASKI, VIRGINIA WHEREAS, by written application dated June 12, 1984, the Town Council of the Town of Pulaski, Virginia, was petitioned by Mrs. Jane D. Wysor and Mrs. Helen D. Glenn, to close an access road near Twelfth Street, in the Northwood area of the Town of Pulaski, Virginia, and, WHEREAS, on July 17, 1984, by a Resolution adopted in open session, the Town Council did appoint certain viewers pursuant to Section 15.1-364 of the 1950 Code of Virginia, to examine said access street and the surrounding property, and to make a report to the Town Council as to whether in their opinion any, and if any, what inc:~nvenience would result in discontinuing said ar_cess street;and, WHEREAS, by report dated August 30, 198.4, said viewers reported that the closing of said access street would not inconvenience any person; and, WHEREAS, after proper advertisement, a public hearing was held on October 2, 1984, at which no speaker spoke against closing said access street; WHEREAS, by Ordinance adopted November 5, 1984, tt:is road was closed, abandoned and vacated, but said road was erroneously described as lying "between the property of Jane D. Wysor and Helen D. Glenn," when said description should have been "between the property jointly owned by Jane D. Wysor and ;'ielen D. Glenn and the property owned by the Pulaski County School Board"; and, WHEREAS, the remainder of the description was correct, as was the plat attached thereta and hereto; ~~~j '~ March 1.9, 1985 NOW.,. THEREFORE, LE_it Ordained by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 19th day of March, 1985, that the said Ordinance of Novem~er 5, 1984, be and hereby is amended and that the des- cription shall read: An access road near ?'welfth Street, Northwood A-<ea, between the property jointly owned by Jane D. Wysor and Helen D. Glenn and the property-owned by the Pulaski County School B«ard, in the 'gown of ~'ulaski, Virginia, shown on a plat attached hereto and mace. a part hE>reof. And that said Ordinance is otherwise in full force and effect and said closi,~g abandonment and vacation i;s hereby ratified and confirmed. This ordinance. shall becc:~me effac:ct:yve Lspos:; adoptiozi. Mr. McKeever requested an Executive Session for two legal matters under 2.1-344 (6). Councilman Glenn made a motion that Council go into Executive Session, seconded by Councilman Boyd and carried. At 8:25 p.m. Council went into Executive Session. At 8:48 p.m. Council returned to Regular Session. Councilman Neblett made a motion to adjourn, seconded by Councilman Glenn, and carried. APPROVED: ~ Vice Mayo ATTEST: i ~-L~- C1 rk of Council