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09-02-69
~a ~/~ Minutes of the regular meeting of the Pulaski Town Council, held September 2, 1969, at 4:00 F. M., in the Munici-pal office. There were present: Mayor C. Robert Edens, presiding. Councilmen: S. G. Frye, J, H. White, Andrew L. Graham, W. D. Macgill, Jr., Wm. A. House, Mason A. Vaughan, Raymond F. Ratcliff, Glen K. Aust Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Paul Dellinger, Roanoke Times reporter John Columbus, Jr., WPUV Radio Station J. B. Warner, Oakhurst Avenue Douglas Kegley, Peppers Ferry Road Jessie Hopkins, Claremont Court C. P. Huff, Jr., Allison Lane The invocation was given by Councilman Graham. Minutes of the regular meeting of August 18th were approved as corrected. Councilman House, reporting for the Street Committee, advised that his Committee had given consideration to pedestrian lights ST. COMM. "Walk" and "Don't Walk" at the corner of Main and Washington, but in view WITHHELD -. REPORT ON WALK of the upcoming meeting with the Town Manager and some Highway Officials & DONT WALK - SIGNALS FOR relative to the traffic situation at this intersection, the Committee MEETING withheld a report until receipt of the State Traffic Engineer's report. Mr. House also reported that the .Committee had considered the REPORT ON EXT. OF extension of Monroe Street, North, which stops some one hundred feet MONROE ST. TO BE GIVEN short of Dublin Road (Route 11), but the Committee would make a report LATER to Council after the receipt of a cos-t estimate from the Town's Engineering Department,. as this construction_would_involve moving considerable dirt which could be costly. Reportir-g further, Mr~. House stated the Street Committee recommended a connecting street from the Allison Lane area to Route 11, and recommended the adoption of a Resolution to the State Highway Department which the Town Manager would present later in the meeting, according to the ST. COMM. agenda.. There followed considerable discussion among Mr. Warner, Mr. Kegley RECOMDS . ADOPTION OF and members of Council relative to-the right=of-way and time element RESOLUTION TO HIGHWAY FOR involved in the construction of this s reet, which would relieve the RT. 11 -BOB White BLVD. traffic situation in this area. $or this street to be constructed under the 85=15 percent f orinula with the State, the project must be cleared ~e Sept. 2, 1969 through the State, and at this time Town Manager Marshall presented a Resolution to the State Highway Department. Mr. House moved that the Resolution be adopted,.the motion was seconded by Mr. Macgill, and carried, as follows: WHEREAS; it is necessary for a f ormal request to be made to the Department of Highways of the Commonwealth of Virginia by the Council of the Town of Pulaski by resolution for each project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, at its regular meeting on this RT. 11-ALLISON LN- 2nd day of September, 1969, that: BOB WHITE BLVD. (1) The Highway Department of the Commonwealth of Virginia be, and it is hereby, requested to establish RESOLUTION and set up a project within the Town of Pulaski, Virginia, to construct Allison Lane as shown in the Major Thoroughfare Plan from(Route 11) Lee Highway to Peppers Ferry Road. (2) That the Town hereby agrees to pay its share of the cost formula of 85 percent by the Highway Department and 15 percent by the Town. (3) The Town further agrees that if the said project is established as herein requested and thereafter the said Town decides not to proceed further with the said project, then the Town, by this resolution, agrees to repay the Highway Department for 100 percent of the cost incurred for the said project to the time of abandonment. Councilman Vaughan reported that an agreement had been AGREEMENT reached in thepurchase of a tract of land in the Macgill Village area REACHED IN PUR. OF containing 10.42 acres.. Town Attorney Moore had been negotiating MACGILL VILL. LAND f or a contract of sale on. this land, a portion of which is to be used as a recreational area, and a portion for afire substation. As representative of the Pulaski Town Council, Councilman House reported that the Special Committee appointed by the eight HOUSE REPORTS ON PLANNING governing bodies in Planning. District ~~4 (comprised of the counties DIST . 4p4 PROGRESS of Giles, Floyd, Montgomery and Pulaski, the City of Radf ord, and towns of Christiansburg, Blacksburg and Pulaski), met on August 21, 1969 for the purpose of preparing a Charter Agreement. Mr. House gave a brief resume of the contents of the Agreement (copies of which. had been furnished to members of Council and Mayor Edens). Mr. House further stated that funds for this program from the State could be as much as $22,000.00; that the Committee is considering an additional amount of $27,000.00 to be supplied by the various local ~~~~~ Sept. 2, 1969 governments on a population basis - the Town's share would be slightly less than $2,700.00. There were objections by some members of Council because of the fact the Town is already a member of the New River Valley Industrial Commission which apparently has the same aims as the Planning District Commission. Mr. House moved the adoption of the Resolution adopting the Charter Agreement of the New River Valley Planning District Commission. The motion was seconded by Councilman Ratcliff, and carried on a vote of six for and two opposed - Councilman Macgill and Councilman Frye opposing. WHEREAS, the Virginia Area Development Act (Title 15.1, Chapter 34, Sections 15.1-1400, et seq., Code of Virginia (1950}, as amended), authorizes the organization of a Planning District Commission by written Charter Agreement; and, WHEREAS, pursuant to Title 2.1, Chapter 6.1, Section 2.1-63.5 of the Code of Virginia (1950) as PLANNING DIST. amended, geographic boundaries of a Planning District ~p4 RESOLUTION have been established; and APPROVING CHARTER AGREEMENT WHEREAS, the governing bodies of the governmental WHICH FOLLOWS subdivisions embracing the majority of the population within said Planning District desire to organize a Planning District Commission by written Charter Agreement; and WHEREAS, the Town of Pulaski, Virginia, desires to join in organizing such a Commission so that the Town of Pulaski, Virginia, will become a party to such Charter Agreement and be represented in the composition of the membership of such Commission; THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: 1. That on the 2nd day of September, 1969, it hereby adopts the CHARTER AGREEMENT OF THE NEW RIVER VALLEY PLANNING DISTRICT COMMISSION, A COPY of which is attached hereto and made a part of this resolution. 2. That J. E. Marshall, Town Manager of the Town of Pulaski, Virginia be and hereby is authorized and directed to sign and execute, on behalf of the Town of Pulaski, Virginia, the CHARTER AGREEMENT OF THE NEW RIVER VALLEY PLANNING DISTRICT COMMISSION, a copy of which Charter Agreement is attached to this resolution. 3. That Gladys R. Dalton, Clerk of the Council, be and hereby is authorized and directed to witness the signa- ture of said J. E. Marshall and to affix the official seal of the Town of Pulaski, Virginia on said CHARTER AGREEMENT OF THE NEW RIVER VALLEY PLANNING DISTRICT COMMISSION, a copy of which is attached to this resolution. Sept. 2, 1969 CHARTER AGREEMENT OF THE NEW RIVER VALLEY PLANNING DISTRICT COMMISSION This Charter Agreement to organize a Planning District Commission made this 15th day of September, 1969, by and between the undersigned governmental subdivisions as authorized by the Virginia Area Development Act (Title 15.1 , Chapter 34, Sections 15. 1- 1400, et seq. , Code of Virginia (1950), as amended}; NOW TIIERP;I~'OIZ.1~; it: is af;recd thal.: ARTICLE: I Name, Location, Authority, Purpose Section 1. The name of this organization shall be the New River Valley Planning District Comrni.ssion, hereinafter called the "COMMISSION. " Section 2. The principal office of the COMMISSION shall be in Radford, Virginia. The location of the principal office. may be changed by the concurrence of three-fourths of the COMMISSIGI\T members present at a regular meeting, provided that the clerk of the governing body of each member governmental subdivision has been notified of the contemplated relocation in writing at least thirty days before such meeting. Section 3. The COMMISSION shall. be a public body corporate and politic wikl~ :ill Ili~° ~~~~w~~r:: .in~l ~liili~~:; ~r,r:inle~l I., it Icy II~~• Vii'}',ini:i Are,i I)evclopn~enl i\c~t. ='t~ Sept. 2, 1969 1 Section 4 The purpose of the COMMISSION shall be to promote the orderly and efficient development of the physical, social and economic elements of the Planning District by planning, and encouraging and assisting governmental subdivisions to plan for the future. ARTICLE II Memhership L'' 1 Section 1. COMMISSION members shall be appointed by the respective governing bodies of those political subdivisions which are parties to this Charter Agreement provided, however that at least a majority, but not substantially more than. a majority, of the COMMISSION'S members shall Ise elected officials of I the governing bodies of the governmental subdivisions within the Planning District with each participating county, city and town of more than 3, 500 population having at least one '' i representative, and the other members being qualified voters I it and residents of the District, who hold no office elected by I the people. Section 2. Each governmental subdivision which is a party to this Charter Agreement shall appoint two members to the COMMISSION -one '~I j who is an elected official of the governing body and one who holds I 1~~~ .~Ili~ ~ ~ I~-~ I~ ~I I... II~~ I~~~~~pl~ ~ ~~~.- .~.I,I~I~~.~~.~I ~-I~-, I~~I ,~i11, x.11 IIII~ I shall bc~ ~tppuinLcrl k~~ tlic (;UMMI;iSIC)N c:icl~ y~~:_~r Lc~ ~c~rvc~ .> Icrni ..I ..i~~ y. .~ ~ f'I~. .~I~I~~~i~~li~i. i~l .~i II.. .~~I~I~I~.~~~.~I I. I. .I ..I I,. i.~l -L- ~~~~ Sept. 2, 1969 shall be rotated on an alphabetical basis among the govern- mental subdivisions who are parties to this Charter Agreement. Section 3. Vacancies on the COMMISSION shall be filled for the unexpired term in the same manner as the original appointment was made. Section 4. Any member of the COMMISSION shall be eligible for reappoint- ment but may be removed for cause key thE: governing holy which. appointed hitn. ARTICLE III Terms of Office and Voting Rights Section 1. The terms of office of COMMISSION members who are also members of governing bodies shall be coincident with their elected terms of office or such shorter term as their govern- ing bodies shall determine. The terms of office of the citizen members shall be three years. Initial appointments of citizen members shall be made on the following basis: The second, third, and fourth political subdivisions in alphabetical order shall appoint their citizen members for one year terms. The fifth, sixth, and seventh political subdivisions in alphabetical order shall appoint their citizen members for two year terms. The eighth and fir. st political subdivisions in alphabetical order ;:li.ill .~I~li~~iiil Ilirir ~ ill-'.~ ii iii~-iiil~~~r;; I~~i Il~r~ ~ ~~-.ir I~ rill::. \il ~:iii~ ~.~~~lii~•iil I~•rni:; ~~I .i~~l~~~iiiitii~•iil :,li:ill I~~• I~~r Ilir~•~• y~~.i r~:. ~. '1 { -3- Setp. 2, 1969 Section 2. Each member of the COMMISSION shall have one equal vote in all matters before the COMMISSION. ARTICLE IV Officers Sectiq~ 1. Officers of the COMMISSION shall cons~i5t oC a Chairman anti Vice-Chairman who shall be elected by the membership of II ,,~ ~ the COMMISSION. 5ecti©~ 2. The Chairman and Vice- Chairman shall be elected for terms ', of one year or until their successors are elected. Section 3. COMMISSION officers shall be eligible for reelection.. SectioTl 4. The COMMISSION shall appoint an Executive Director who shall be an employee of the COMMISSION and shall serve at '~ the pleasure of a majority of the membership. ARTICLE V Addition or Withdrawal of Members i Sectibin 1. Any governmental subdivision within Planning llistrict Number 4 which is not a party to this Charter Agreement at the effective date thereof, may thereafter join the COMMISSION, provided ,I ~'~ t}-iat r,((~~lt k:~r~vrrni~(~~~~nl,~l ,;~~I~t~livi:~ic'~n i~; ~~1i}~,ihlr (..r tr~c~n~~herrliip .in,l ili.il it .i,l„I~Ir, .i~nl ~•x<•, iil~•n II(i:, r\p,r~•~•iii,•iil. ;ic•, li ,(i !lily )~.~~v~•riiii~, iil.il niil„livi::i„n iii.iy willi,lr.i~a Ir~~iii Ili,• (;Of~1fV11;~;~1(1N by submitting to the COMMISSION in writing, at least ~jU clays Uefore -4- ~• 1 +,,. .z~~ Sept. 2, 1969 the end of the COMMISSION'S then current fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the COMMISSION'S fiscal year has ended. ARTICLE VI Appointment of an Executive Committee and Adoption of Tay- I_.aws Section 1. The COMMISSION may designate an Executive Committee and delegate to it such powers as the COMMISSION may determine, provided that these powers are not inconsistent with provisions of the Virginia Area Development Act. Section 2. The COMMISSION may adopt By-Laws and such other rules as it deems necessary to govern its operations. ARTICLE VII Meetings Section 1. The COMMISSION shall hold regular meetings on a schedule which will be determined by the membership. Section 2. Meetings of the COMMISSION shall be open to the public, however, the COMMISSION may hold executive meetings. /11('I'I~'1,1~: VIII ~. ;1 ~~~~-~~~liiir•nl:; _ Section 1. 'T'Jiis Charter A~;rc•c•rrient ~riay be amended, supplemented or -5- ,,._ ~~ ~~3 Setp. 2, 1969 superseded only by concurring resolutions from any combination of member governmental subdivisions whose aggregate repre- sentation of the COMMISSION constitutes a quorum. All proposed amendments shall be submitted to the COMMISSION for its review and comment to the member governrental subdivisions. ART.IC LE IX Datc of Organisation 1 Sectio~3',1. The organization of the New River Valley Planning District Commission shall be effective on the 15th day of September 1969, or at such time after this date when the Charter Agree- ; went has been adopted and signed by that governmental sub- ~~ division whose population when added to the aggregate I population of those who have already adopted and signed the Charter Agreement embraces the majority of the population I'~ within Planning District Number 4. ~~ Sept. 2, 1969 SIGNA`I'URI: P1~GL; ~'1t11eSS the follcra,~ing si~naturt:s and seals: TOl'VN C1~ I'UI.~~SKI, VII:~,C,;TNI./~ (Signature) (Title) __ ~---~_ (Date) (~'Jitness) (`Title) ~ '-'' (D te)~ { - a Sept. 2, 1969 Mayor Edens Advised that Ernest T. Painter has agreed to serve another term as a member of the Board of Zoning Appeals. Council- man Frye moved that Town Attorney Moore be directed to draw the proper order to be presented to the Judge of the Circuit Court appointing Mr. TOWN ATTY. TO PREPARE painter to another term, t:o expire October 13, 1974. The motion was seconded COURT ORDER FOR PAINTER by Mr. Vaughan, and carried. ON BD. OF ZONING APPEALS Mayor Edens also reported that Mr. Forest W. Haley had agreed to serve another term on the Parking Authority, which term would expire August 6, 1973. Councilman Ratcliff moved that Forest W. Haley be FOREST HALEY TO SERVE ON re-appointed to the Parking Authority, to serve until August 6, 197$. The PARKING AUTY. TIL 8-6-7$ motion was seconded by Councilman Graham, and carried. On motion of Councilman Macgill, seconded by Councilman House, ATTY TO and carried, the Town Attorney was directed to prepare a resolution for PREPARE H.C.JACKSON Council's adoption relative to the death of Howard C. Jackson. RESOLUTION On motion of Councilman Graham, seconded by Councilman House, and carried, the Town Attorney was directed to prepare a resolution for ATTY . T® PREPARE Council's adoption relative to the recent appointment of Judge Alex M. ALEX M. HARMAN Harman to the State Supreme Court. RESOLUTION Town Manager Marshall asked Council to give some study to the VA.LEAGUE proposed League Legislative Program, a copy of which had been furnished PROGRAM the members. Town Manager Marshall suggested that further steps be taken by the Council opposing any legislation by Congress which would change TXEMPTION OF MUNICIPAL the exemption of municipal and state bond interest from federal taxation. BOND INT. TO BE CONSIDERED This matter to be considered further at the next meeting of Council. Town Manager Marshall reported that the Taylor-Dillon Sewer project was moving along and that the construction problems encountered TAYLOR - DILL ON SEWER PRO- had been overcome. At this time it is expected to be another three to GRESSING four weeks bef ore the project is complete. Also, that the original post estimate seems to be very close to the actual cost at this time. On motion of Councilman Frye, seconded and carried, Council EXECUTIVE went into executive session for the discussion of a real estate matter SESSION at 5:25 P . M. `~"~~`~ Sept. 2, 1969 at 6:10 P. M. Mayor Edens declared Council to be in regular session. Councilman Frye moved that the counter proposal of Associated Cemetery Estates, Inc., dated August 25, 1969, be COUNTER PROPOSAYL,ejected by the Council in its entirety; that any offers that OF ASSOC. CEM. EST. REJECTED the Town had made to Associated Cemetery Estates, Incorporated, be withdrawn and that Mr .Roberts, President of Associated Cemetery- Estates be so inf ormed and thanked for his interest in the matter. AND The motion was seconded by Councilman Ratcliff, and carried. Councilman Frye reported that he had contacted Curtis PERSONS TU BE C. Jordan, Sr., H. W. Huff, Jr., and Emmett T. Venable to see if CONTACTED they would serve with the Mayor and Town Treasurer as Cemetery Trustees, a TO SERVE AS CEM. TRUSTEES and all three had agreed to serve. There being no further business, the meeting adjourned at 6:15 P. M. APPROVED: . ~~~~ 2~ Mayor ATTEST: 1 ~ ~ i Clerk of the Council 1