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HomeMy WebLinkAbout03-21-72~"~ S' ~e 9 ~:..ayf ~;.,~ Minutes of the regular meeting of the Pulaski Town Council, held March 21, 1972, at 7100 P. M. in the Council Chambers in the Municipal Building, 1 There were present: Mayor C. Robert Edens, presiding. Councilmen: Glen K. Aust, S. G. Frye, William A. House, J. H. White, Raymond F. Ratcliff, Mason A. Vaughan Andrew L. Graham Absent: J. L. Congrove Also presents Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Building & Zoning Admr.: J. Rex Willis Visitors: Esther Williams, Reporter for The Southwest Times Approximately twenty citizens The invocation was given by Councilman Ratcliff. Minutes of the regular meeting of March 7th and special meeting of March 10th were approved as recorded. Mayor Edens welcomed the visitors and advised that Council would be glad to hear anyone who wished to speak at that time. Town Manager Marshall presented to Council the application of 1 Elzie Lee Turman for the transf er of Certificates of Public Convenience and Necessity issued to Elbert E. Kinser and Sterling S. Kinser, trading as Diamond Cabs. Mr. Marshall stated Mr. Turman is purchasing CERTIFICATES ISSUED TO the entire business of Diamond Cabs and planned to operate the new KINSER t/a DIAMOND CABS business under the trade name of Blue & White Cab Company, Incorporat- TFR . TO TURMAN ed. Mr. Marshall also stated that under the Town Ordinance there are UNDER CONDITIONS certain procedures necessary, one being the investigation of the applicant by the Police Department, and that Mr. Turman was asking at that time 1 for a, more or less, favorable approval of Council inasmuch as he planned to place an order for new cars to take the place of the taxis purchased, and needed to know if Council would look favorably on his application. Councilman Vaughan moved that the transfer will be granted, subject to the. favorable report of the Chief of Police, which motion was seconded by Councilman White, and carried. Mrs. 0. M. Duncan thanked the Council for allowing a Town Code CODE TO BE CHECKED book to be checked out through the Police Department for the convenience OUT BY POLICE of the public. DEPT. ~; ~,ti~.: ,..~ March 21, 1972 On behalf of the New River Valley Emergency Squad, Mr. Sam Skeens appeared before Council stating that sometime ago the Squad had asked for assistance from the Town and was advised to bring in a list of the necessary equipment f or-Council's considera- tion. Mr. Skeens presented to Council a brochure and asked the Council for assistance in the purchasing of three new resusitators, three aspirators and a cot and mattress. Mr. Skeens stated the old equipment was terribly worn and not reliable. The total amount of the new equipment listed on the brochure was $1900.00. RESCUE SQUAD This figure did not include tax. Councilman Aust moved the matter LIST OF ~ EQUIPMENT be turned over to the Finance Committee. Councilman Frye, Chairman NEEDED: FIN. COMM. RECOMDS of the Finance Committee, stated that it had been agreed, more or PURCHASE OF SAME THROUGH less, that when the brochure was presented action would be taken, TOWN; LARGER APPROP. and since the Committee had met and agreed upon it, moved that the REQUESTED Squad be advised to purchase the equipment. The motion was seconded by Councilman Aust. It was brought out during the discussion that the Town is not subject to tax and the motion was amended that the equipment be purchased by the Town. The motion carried. The Rescue Squad is to furnish the Town Manager with the data on the equipment and the Town will purchase for the Squad on a Town Purchase Order. A member of the Pulaski County Rescue Squad appeared bef ore APPROP. IN Council requesting a larger appropriation from the Town. He was UPCOMING BUDGET advised that this would be considered in the study of the upcoming budget. J. B. Warner thanked Council for its patience in the past WARNER THANKS and asked for indulgence in the future. Councilman Graham asked that a land proposition be placed LAND PROPOSITION PLACED ON on the agenda to be referred to the Land, Building and Parks AGENDA Committee, which motion was seconded by Councilman White, and carried. The land proposition was never disclosed. Councilman Aust reported that the Safety Committee had met and reviewed the request of Bobby Ray Caviness for a permit to BOBBY RAY drive a taxicab. Mr. Aust stated that it was the recommenda- CAVINESS TAXI DRIVER PERMIT tion of the Committee that the permit be denied based upon Mr. DENIED Caviness~ court record. Councilman Frye moved, seconded by Councilman House, that the report and recommendation of the Safety 4, i vrd#~cx Z- J~r~ ~J.~ March 21, 1972 Committee be adopted, which motion carried. Councilman Aust asked that the ms.tter of the recent request of the Police Chief through the Town Manager for legal representation in Town cases before the Court, be placed on the SAFETY COMM. agenda and so moved, seconded by Councilman Ratcliff, and carried. TO CON- SIDER Councilman Aust moved that the matter be ref erred to the Safety REQ .OF POLICE Committee for consideration and report to Council. The motion was CHIEF FOR LEGAL seconded by Councilman Graham, and carried. HELP AT COURT Councilman House reported thatthe New River Valley District Commission had completed its study on housing conditions for the entire District , subject to suggested changes within ninety days. MEETING He stated the commission suggested, and he concurred, that the Town SCHEDULED FOR REVIEW Council, Town Planning Commission and Administrative Staff meet and OF NRVDC HOUSING review that portion of the report that relates to the Town and County STUDY FOR TOWN & CO, of Pulaski, with members of the New River Valley Planning District Commission also being present. April 13, 1972, 7:30 P, M, in the Town's Municipal Building, was set for the time and place for such a meeting. Councilman Graham asked that the matter of water flow. and WATER FLOW pressure at Warden Springs be placed on the agenda and ref erred to WARDEN SPGS. REF, the Utilities Committee for a report to Council, and so moved, which Td UTILITIES COMM. motion was seconded by Councilman House, and carried. Mayor Edens thanked J. Rex Willis for the excellent report COMPREHENSIVE PLAN and work recently submitted on housing and the Comprehensive Plan. At this point Mayor Edens disqualified himself in presiding over the next matter to be presented to Council, and turned the chair over EDENS LEAVES to Vice-Mayor Frye, Mayor Edens left the meeting at this time to attend MEETING a meeting in Roanoke, and Vice-Mayor Frye took the chair for the re- mainder of the meeting. Town Manager Marshall read to Council an ordinance to vacate and close a certain triangular strip of Iand on the north side of TOWN MGR . PRESENTS Dora Highway, and to grant to Edens Distributing Company permission ORDINANCE RE:EDENS to use and occupy said closed portion by constructing a building thereon, DIST. CO. ENCROACHMENT -,.,~~ ~ March 21, 1972 and on motion of Councilman House, seconded by Councilman White, and carried, the following ordinance was adopted: AN ORDINANCE TO VACATE AND CLOSE A CERTAIN TRIANGULAR STRIP OF LAND ON THE NORTH SIDE OF DORA HIGHWAY, IN THE TOWN OF PULASKI, VIRGINIA, THE SIDE OF SAID TRIANGLE EXTENDING INTO SAID STREET FROM A POINT ON THE NORTH BOUNDARY 24.3 FEET IN LENGTH TO A PO INT OUT IN THE STREET 6.1 FEET ON THE WESTERN PORTION THEREOF ; AND TO GRANT A PERMIT TO APPLICANT TO OCCUPY UNDER CERTAIN CONDITIONS SAID STRIP; AND TO PROVIDE FOR COST WHEREAS, the Edens Distributing Company of Pulaski, Virginia, owner of land adjacent to the northern boundary line of Dora Highway, by Petition requested the Council of the Town of Pulaski, Virginia, to close a triangular portion of Dora Highway, and to grant landowner permission to use and occupy said closed portion by constructing a building thereon, said portion being 24.3 feet in length and extending from a point on the street line out from the property line into the street a distance of 6.1 feet at its base, all adjacent to the soutnern boundary line of O~DINANCW applicant's property; and WHEREAS, upon consideration of the request, the Council TO VACATE appointed Edward L. Barr, Daniel C. Bell and Gilmer G. Gannaway as viewers, along with two others who did not serve, under provisions of Section 15.1-364 of the Code of Virginia TRIANGULAR of 1950, as amended; that said viewers met on the 27th day of January, 1972, and the attorney for said Town gave to them written instructions setting out their duties; whereupon, PORTION ON the said viewers viewed said premises to be closed and filed with the Council their report as directed; and ~~, ~Y~ WHEREAS, legal notice was given of the proposal and of a public hearing thereon to be held at 4:00 o'clock P. M. on March ~9, 1972, in the Council Chambers in the Town of Pulaski, said notice given by Publication in the Southwest Times, a local newspaper, on the 20th ei 27th day of February, 1972; and WHEREAS at 4:00 o'clock P. M. on the 7th day of March, 1972, said Public Hearing was held pursuant to the aforesaid notice, and no one appeared to oppose vacating said portion of the street, nor to it being occupied by Petitioner, and whereas, the viewers' reported that in their opinion "no inconvenience would result to anyone from the vacation or alteration of"the portions of Dora Highway described in the Petition and shown on a map attached thereto; and WHEREAS said Council of the "T own of Pulaski, Virginia, is of the opinion that the proposed construction by Petitioner will enhance the assessed value of Petitioner's property and enable the company to make the building more presentable; and, it further appearing that no inconvenience would result by vacating the portion of said street described in the petition and by allowing the landowner to occupy the portion of said street not exceeding 6.1 feet in width at the western- most part thereof, and extending a distance of 24.3 feet along the property line to a point on the line, for the purpose of constructing a new building and other improvements, 1 1 1 ~'a '~~}"~~... ~t'+d ~~tY .~ March 21, 1972 providing that said landowner agrees to remove that portion of any building located thereon. if required by proper action of Council, and to hold the Town h~.rmless for any damage to any person or property by reason of the existence of said encroachment upon the right of way of Dora Highway, and providing further that said landowner shall submit to the Manager of the Town for his approval the specifications of its proposed improvement prior to the beginning of the construction thereof; NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, as follows: That certain triangular portion of land lying adjacent to the north boundary line of Dora Highway, and adjacent to the southern boundary line of property owned by Edens Distributing Company of Pulaski, and more particularly described as follows: ORDINANCE BEGINNING at a point in the North line of Dora Highbtay, South 88 deg. 00' East 5.9 feet from an iron bar; thence with the Northern boundary line of Dora Highway TO VACATE 88 degs. 00' East 25.1 feet to a point near the Southwest corner of Edens Distributing Company; thence out into the street, South 77 degs. 54' West 24.3 feet to a point; TRIANGULAR thence North 12 degs. 06' West 6.1 feet to the point of BEGINNING; STRIP ON Be, and the same is hereby, vacated and ~.bandoned as a part. of the public right of way, and that permission and a license be, and the same is hereby, granted unto Edens Distributing Company, DORA HWY. petitioner, to occupy the. aforesaid described strip of land vacated for the purpose of locating thereupon a portion of a build- ing, including foundation, footings, etc.; .said license is granted for use upon the of oresaid triangular strip as described and shown on a plat prepared by R. Lloyd Mathews, Registered Surveyor, Pulask.i., Virginia, on November 18, 1971, entitled "Plat :lhowing Proposed Encroachment on Dora Highway", and incorporated 'rrerein and recorded as a part of this ordinance, subject, however, to petitioner Edens Distributing Company holding the said Town of Pulaski harmless for any injury or damage to any person or property by reason of its construction occupying, and the use of, the abandoned portion of the right of way of Dora Highway, and to reimburse said Town for any expense incurred by reason of laims made therefor. BE IT FURTHER ORDAINED that a copy of this ordinance shall be Petitioner's authority and license for permission to occupy said portion of Dora Highway abandoned. Petitioner's constructing upon, use of and/or occupying said abandoned portion of said street, shall constitute accept- ance of conditions and the covenants of indemnity herein provided. BE IT FURTHER ORDAINED that the Town Manager of the said Town shall cause to be recorded in the Deed Boosk of the County of Pulaski, Virginia, located in the Clerk's Office of the said County, a copy of this ordinance, together with the plat of said street, and to take any and all other steps necessary to properly place on the record the said ordinance. ~J ~~~(71 March 21, 1972 BE IT FURTHER ORDAINED that Edward L. Barr, Daniel C. Bell, and Gilmer G. Gannaway, the viewers, be paid the sum of TEN DOLLARS ($10.00) each, for their services rendered, and that all of the other costs and expenses involved in the granting of the license be assessed against Edens Distributing Company of Pulaski. WHEREUPON, this ordinance is hereby adopted. by the recorded vote of said members of Council, as follows Glen K. Aust - aye William A. House - aye J.L.Congrove - absentRaymond F.Ratcliff - aye S. G. Frye - aye Mason A. Vaughan - absent Andrew L.Graham - aye J. H. White - aye And thereupon, the Vice-Mayor of the aid Town of Pulaski, Virginia, upon presentation too~im/said ordinance, approved and signed the same, this 21st day of March, 1972. TOWN OF PULASKI, VIRGINIA ATTEST: By /s/ S. G. FRYE /s/ GLADYS R. DALTON C le rk of Counc i 1 Town Manager Marshall reported that the grading work at REPORT ON Macgill Village Park was progressing, and barring bad weather, hoped WORK PROGRESS AT MACGILL to have the rough grading finished and ready for seeding by the end V ILL .PARK of the week of March 20th . Mr. Marshall also reported that the Gatewood Reservoir GATEWOOD recreation area had been opened and hoped to place the house trailer RESIVOR REC. REPORT for the caretaker shortly. Town Manager Marshall presented to Council the application of Gordon Martin to place a house trailer on Springer Avenue, just off PUB .HEARING TO BE HELD Dora Highway. After a review of this application, Councilman Aust RE: TRAILER APPLICATION moved that the regular procedures be followed regarding this applica- tion and a public hearing be held, which motion was seconded by Councilman House, and carried. Town Manager Marshall reported that the new Employe RETIREMENT Retirement Plan is now in the hands of the Retirement Committee PLAN IN HANDS OF RET. COMM. and in all probability a report would be made on this at Council's next regular meeting, April 4th. Town Manager Marshall advised that $75,000.00 had been set aside by the Highway Department for the first phase of the Route ALLISON LN. 11-Bob White Boulevard Project in the 1972-73 budget, which would PROJ.TOBE ON AGENDA connect Route 11 and Peppers Ferry Road, and the Highway Department FOR 2ND MEETING IN APRIL rr .. ~~ G ,~ yj14 1 carried, Following the return to regular session, Town Manager Marshall March 21, 1972 is awaiting the approval of the Town. There was discussion from visitors with Council as to whether Allison Lgne could carry the heavy traffic as a result of the completion of Phase One, and asked if it would be feasible to construct Phase Two (Peppers Ferry Road to Newbern Road) first. Council at this time heard many of the citizens present who live on Allison Lane, and on motion of Councilman Graham, seconded by Councilman House, it was moved that the matter be placed on Council's agenda for the second meeting in April, which is a night meeting, in order that Council might hear the public on this matter. The motion carried. Town Manager Marshall advised Council that an investigation is being conducted with regards to the possibility of installing one-hour parking meters which the Town has on East Main Street between Madison ONE- HOUR PARKING Avenue intersection and the railroad belt crossing. Several Council- METERS TO BE men stated they had been approached by businesses in that area with the INSTALLED ON E. MAIN request that two-hour meters be installed, however since one-hour meters are on hand, it was decided these be installed. At 8:30 P. M. Councilman White moved that Council go into EXECUTIVE executive session, which motion was seconded by Councilman House, and SESSION AUTHORIZED SIGNING OF MEMO. OF AGREEMENT FOR SPACE FOR JUSTICE HARMAN presented a Memorandum of Agreement between the Town of Pulaski and the County of Pulaski with respect to the space to be rented for Justice Harman. Councilman White moved, seconded by Councilman Ratcliff, and carried, that the Town Manager be authorized to execute the Agreement and the Cle~.cof Council be authorized to attest same. At 8:40 P. M. Councilman House moved that the meeting be 1 adjourned, which motion was seconded by Councilman Ratcliff, and carried. ATTEST: Clerk of Council APPROVED:," C Vice-Mayor F