Loading...
HomeMy WebLinkAbout07-01-69~~~ Minutes of the regular meeting of the Pulaski Town Council, held July 1, 1969, at 4:00 P, M., in the Municipal office. There were present: Vice Mayor S. G. Frye, presiding in the absence of Mayor Edens. Councilman:W. D. Macgill, Jr., J. H. White, A. L. G raham, ~. Mason A. Vaughan, Glen K. Aust and W. A. House Absent:. Raymond F. Ratcliff Also present: Town Manager: J, E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Joe J. Bryant and Jerry Ratcliff, Southwest Times Reporters John Columbus, Jr. WPUV Radio Station J. B. Warner, Douglas Kegley, James Hyatt & W. M. Wolf e The invocation was given by Councilman Macgill. The minutes of the regular meeting of June 17th were approved as recorded. Vice Mayor Frye stated that as had been advertised in the local newspaperm this was the time. and place for holding a public hearing on the petition of Anne Allison English to vacate as an alley or street lying and being in the English Forest Subdivision. There was no one present who was either for or against the closing of this alley or street, Town Attorney HEAR~NGOF Moore reported that the viewers appointed by Council met on June 25th at TOWN ATY. 10:30 A. M. in his office and received their instructions and on the same DIRECTED TO PREPARE day returned and made their report stating that in their opinion the OR DINANC E CLOSING closing of the street in question would not cause any inIIOnvenience to any STREET IN ENGLISH one. Mr. Moore then presented to Council an ordinance to vacate a portion FOREST RD. of a street in the English Forest Subdivision, and on motion of Councilman VIEWER'S House, seconded by Councilman White, and carried, it was, RESOLVED, that an REPORT EY'C. ordinance to vacate a portion of a street in the English Forest Subdivision, lying and being in the Town of Pulaski, Virginia, subject to certain ex- ceptions, and to provide for payment of costs of this proceeding, be adopted, as follows: NOTICE OF PUBLIC HEARING TAKE NOTICE that the Council of the Town of Pulaski will conduct a public hearing in the Council Room of the Town Office at 4:00 o'clock P. M., on Tuesday, July 1, 1969, on the petition of Anne Allison English, requesting the closing of that certain alley or street, described as follows: That certain alley or street lying and being in the English Forest Subdivision as shown and set forth in that certain plat entitled, "P ht showing Elglish Forest Sub- division, lying about one mile eastward from the Town of ~~`~ Council mins/ contd. July 1, 1969 Pulaski, Virginia, owner - Anne Allison English" dated October 20, 1953, and prepared by E. H. Miilirons and R. L. Mathews, Registered Professional Surveyors, and of record in the Clerks Office of the Circuit Court of Pulaski County, Virginia in Plat Book 2, page 132, which said alley or street is shown therein as being fifty feet in width and further shown as extending from English Forest Road in a northeasterly direction between Lots 9 and 10 of said Subdivision to the land's of Walter Allison. All persons wishing to be heard either for or against the above petition will be afforded an opportunity at the time and place of oresaid. Given under my hand this 5th day of June, 1969. TOWN OF PULASKI, VIRGINIA BY /s/ GLADYS R. DALTON, CLERK INSTRUCTIONS TO VIEWERS Re: Town of Pulaski, Virginia Vacation and abandonment of a certain street lying within the Town of Pulaski, Virginia, as more fully set out and described in a petition filed with said Town by Anne Allison English, and hereinafter described. Convening of the duly appointed viewers of said Town at 10:30 A. M., on the 25th day of June, 1969, in the office of the 'Town Attorney, Pulaski, .Virginia. PRESENT: INSTRUCTIONS Garnett S. Moore, Attorney for the Town of Pulaski TO VIEWER'S C. C. Jordan O'Dell Mayberry Alternate: G. C. .Hall Viewers are Hereby instructed by the said Town Attorney as follows: (1) That your appointment was made by the said Town under authority granted in Title 15.1-364 of the Code of Virginia, of 1950, as amended, and any and all other general powers granted said Town. (2) That as viewers appointed by said Town, you are in- structed to view that certain street set out and described as follows: That certain alley or street lying and being in the English Forest Subdivision as shown and set forth in that certain plat entitled, "Plat showing English Forest Subdivision, lying about one mile eastward from the Town of Pulaski, Virginia, owner - Anne Allison English" dated October 20, 1953, and pre- . pared by E. H. Millirons and R. L. Mathews, Regis- tered Professional Surveyors, and of record in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, in Plat Book 2, page 132, which said alley or street is shown therein as being fifty feet in width and further shown as extend- ing from English Forest Road in a northeasterly direction between Lots 9 and 10 of said Subdivi- sion to the lands of Walter Allison. ~~~ Council wins. contd. July 1, 1969 (3) You shall determine by your view and your evaluation thereof whether or not any inconvenience would be caused by the closing of.the said street, and if any, what inconvenience would result and to whom, from discontinuing the portion requested as a part of the system of streets, avenues and alleys of the Town of Pulaski, Virginia. (4) To report in wilting your findings as above ihstructed in this matter to the Council of the Town of Pulaski, Virginia. This report is to be filed as soon as convenient after you have viewed the proposed street to be abandoned or vacated, and after your evaluation thereof from your view, and from such other facts you determine to be pertinent thereto. Given under my hand this 25th day of June, 1969. Signed: GARNETT S. MOORE Attorney for the Town of Pulaski, Virginia REPORT OF VIEWERS Rye: Town of Pulaski, Virginia Vacation and abandonment of a certain street lying within the Town of Pulaski, Virginia, as more fully set out in a petition filed by Anne Allison English with the. said Town, and therein described in detail. REPORT OF Petitioner: VIEWER' S Anne Allison English We, the undersigned, viewers duly appointed by resolu- tion of the Town of Pulaski, Vir gir~ia, adopted on the 3rd day of June, 1969, convened in the Town Attorney's office at 10:30 A. M. o'clock, on the 25th day. of June, 1969, and at that time were given written instructions by the Attorney for said Town of Pulaski, Virginia, upon our duties as viewers, the original of the instruction being herewith attached as a part of these proceedings. After reading the instructions, the undersigned did personally visit the location described in the aforementioned petition and in the instructions, and agree that the closing of the street in question will: not inconvenience any one. Given under out hands this 25th day of June, 1969. Signed: ODELL H. MAYBERRY G . C . HALL CURTIS C. JORDAN C'~fri ~ Council mins. contd. July 1, 1969 AN ORDINANCE TO VACATE A PORTION ~ A STREET IN THE ENGLISH FOREST .SUBDIVISION LYING AND BEING IN THE TOWN OF PULA5KI, VIDRGINLA, SUBJECT TO CERTAIN EXCEPTIONS, AND TO PROVIDE FOR PAYMENT OF COSTS OF THIS PRCTCEEDING . WHEREAS, Anne Allison English filed her petition on the 15th day of .April, 1969, with the Council of the Town of Pulaski, Virginia, after posting on the 2nd .day of April, 1969, notice as required by law in at Least three places in said Town, which posting was at least ten days prior to the filing on April 15, 1969,. said .petition requesting the Town to vacate and abandon portions of a street in English Forest Subdivision, set out and described in said petition; and, WHEREAS, by :Resolution adopted on the 3rd day of June, 1969, the Council appointed C. C. Jordan, Odell Mayberry and'E. C. Grigsby as viewers, and G. C. Hall an alternate, pursuant to Section 15.1-364 of the Code of Virginia of 1950, as amended; and, ORDINANCE ADOPTED WHEREAS, subsequent thereto, all the landowners who VACATING would be affected by the vacation of the of oresaid portion STREET IN of said street in English Forest Subdivision were notified ENGLISH of the said petition and of the public hearing thereon to FOREST be set for the 1st day of July, 1969, in the Town office of Pulaski, Virginia, by notice delivered to the landowners, if any, and also by proper publication of a Public Notice in the Southwest Times, a local newspaper ;. and, WHEREAS, on the 1st day of July, 1969:, said public hearing was held pursuant to the of oresaid notice, and there appearing no persons opposed to the vacating and abandoning of said street as set out in the petition and hereinbef ore described, and upon the viewer's report dated the 25th day of June, 1969, s stating that in the opinion of the viewers no inconvenience would result from the abandonment and discontinuance of the use of or by closing the portion of said street set out in the petition filed with Council and hereinafter more particularly described ; and, WHEREAS, there are certain easements, or easements would be available in the portion of the street now being considered for abandonment; and, WHEREAS, the council of the Town of Pulaski, Virginia, is of the opinion that no inconvenience would result from the closing of the portion of said street, providing easements for utilities in said street right of way for present or possible future use are retained;~and~that all requirements of law have' been complied with; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, as follows: .That certain alley or street lying and being in the English Forest Subdivision as shown and set forth in that certain plat entitled, "Plat Showing English Forest Subdivision, lying about one mile eastward from the Town of Pulaski, Virginia, owner - Anne Allison '„ English" dated October 20, 1953, and prepared by E. H. Millirons and R. L.- Mathews., Registered Professional Surveyors, and of record in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, in Plat Book 2, page 132, which said alley or street is shown therein as being fifty feet in width and further shown as extend9 ing from English Forest Road in a northeasterly direction between Lots 9 and l0 of said Subdivision to the lands of Walter Allison, . ~~ Council mins. contd. July 1, 1969 Be, and the Same is Hereby, Vacated as a public street in the Town of Pulaski, Virginia, excepting, however, an easement ten feet in width along .the said street which is reserved as an easement for utility purposes... BE IT FURTHER ORDAINED that the Town Manager of the Town of Pulaski,Virginia, cause to be recorded in the Deed Books of the County of Pulaski, Virginia, located in the Clerk's Office of the .said County, a copy of this ordinance, and to take any and all other steps necessary to properly place on the record the said ordinance. BE IT FURTHER ORDAINED that C._ C. ,Jordan, Odell Mayberry and. G. C. Hall,.. the: aforesaid viewers,--be paid the sum of Ten Dollars ~~$10.00) each, .and that the costs involved in the vacating of the~af oresaid street:be paid by the petitioner. WHEREUPON, this ordinance is hereby adopted by the vote of members of Council, as follows: W. -D. Macgil,l - aye William House - aye Glen Aust - aye Andrew Graham - aye Raymond Ratcliff- absent S . G . Frye - aye J. H. White - aye Mason A.Vaughan - aye And thereupon, the Mayor of said Town of Pulaski, upon presentation to, him of said ordinance, approved and signed the same, thus _lst day of, July, ..1969.: Mr. J. B. Warner of Oakhurst Avenue presented to Council a PETITION ASKING TRAFFIC RELIEF ON PEPPERS FRY. RD. REF . TO ST.COMM. petition containing approximately 41 signatures of property owners in that area, asking Council what plans it has for relieving the present hazardous. traffic and pedEStrian situation on Peppers Ferry Road from the entran5e of Pulaski High School to.the corporate limits. The. petition a so brought to Council's 2.ttention the traffic situation which would be-created if the local YMCA carried out their proposal to build the new YMCA building on the Bones Estate- pxoperty located be- tween Peppers Ferry Road and Route 11,~with Oakhurst Avenue being opened as a through street, and asked Council to g~ on_record as opposing the opening of Oakhurst Avenue as a through street until the traffic problems are solved. l A lengthy discussion followed between.members of Council and the Visitors present who had signed the .petition... Councilman Aust moved that the matter be referred to the Street Committee and Town Manager to see what could be done to relieve the traffic situation existing on Peppers Ferry Road. The motion was seconded ~by Councilman White, and carried. 1 1 ~C~: Council mins. contd. 7/1/69 Town Manager Marshall read to Council an ordinance which would amend Section 20-42A, Chapter 20,~Article III.: of the Town Code, calling for the sewer• service charge to be changed from 50% to 100 of the water bill. On motion of Councilman White, seconded by Councilman Graham, antl carried, -the following- ordinance was adopted: AN ORDINANCE TO AMEND AND RE-ENACT SECTION 20-42A, CHAPTER 20, ARTICLE III OF-CODE OF PULASKI, VIRGINIA Be it Ordained by the Council of the Town of Pula~d, ORDINANCE Virginia, in regulax session on the 1st day of July, ADOPTED RE: 1969, that: CHANGE IN SEWER CHARGE TO 100% Section 20-42A, Chapter 20, Article III, be OF WATER BILL Amended and Re-Enacted as follows: SECTION 20-42A, SEWER SERVICE CHARGE: After the calculation of each water charge, whether the charge be based. on a teeter reading or on a flat- rate basis, there shall be calculated and charged an additional amount equal thereto (One Hundred per Centum (100%) of said metered or flat-rate water charge) which additions, equal sum is hereby established and fixed as a Sewer Service Charge. There were no Committee reports. Vice Mayor Frye advised that he would be leaving Town the next day and inasmuch as Mayor Edens may not be back in Town for several days, entertained a motion for the nomination of a Council- AUST TO man to act in theabsence of himself and Mayor Edens. Councilman ACT IN ABSENCE OF Vaughan nominated Councilman Aust, which nomination was seconded MAYOR & VICE MAYOR by Councilman White, and carried. Councilman House moved that nominations be cbsed, which was seconded by Councilman Graham, and carried. At 5:15 P. M. Councilman Vaughan moved that Council go into EXECUTIVE Executive Session to discuss a real estate matter, and the motion was SESSION seconded by Councilman Graham, and carried. At 5:45 P. M. Vice Mayor Frye declared the meeting to be in regular session. There being no further business, the meeting adjourned at 5:47 P. M. ATTEST: APPRO D: w Vice Mayor S. G. rye ' ,, Clerk of he Council