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HomeMy WebLinkAbout05-19-70~ts~ Minutes of the regular meeting of the Pulaski Town Council, held May 19, 1970, at 7:00 P. M., in the Appalachian Auditorium. There were present: Mayor C. Robert Edens. Councilmen: Mason A. Vaughan, A. L. Graham, J. H. White, S. G. Frye, Glen K. Aust, Wm. A. House, Raymond F. Ratcliff, W. D. Macgill, Jr. Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: J. R. Schrader, SoutT~aest Times reporter Joyce Gardner, WPUV Radio Station reporter Approximately 27 visitors The invocation was given by Councilman Ratcliff. Minutes of the regular meeting of May 5th were approved as recorded.. A rather lengthy discussion was held between J. B. Warner and the Mayor and members of the Town Council mainly relative to the costs involved in the construction of the new Municipal Building, how J. B. WARNER RE: MUNICIP. it will be financed and its maintenance costs. Following this dis- BLDG. & PEPPERS FRY oussion Mr. Warner again•brought up the subject of .sidewalks on RD. Peppers Ferry Road and Mashburn Avenue. It was explained that the ordinance of the Town as well as State law requires property owners to participate in sidewalk construction. Councilman House, Chairman of the Street Committee, reported his Committee had considered the petition from the Valley Road residents that the road from Valley road through the Town's landfill to Route 11 remain open, and it was the recommendation of the Committee ACESS RD. to the Council that .inasmuch as this road is completely outside the TO VALLEY RD. OUSTIDE corporate limits and the jurisdiction of the Town, theref ore, it was CORP.LIMITS, STATE HWY. not wise to spend Town money on it, but felt that it should be a PROJECT Department of Highway: matter rather than•the Town, and suggested that if this access road is: necessary the residents petition the State Highway Department for relief. Mr. House further reported the Street Committer had met with School Board officials and PTA Members relative to the traffic POLICE OFFICERS AT SCHOOLS situation at the Northwood School, and as far as vehicular traffic was WORKING SATISFACTORI concerned, the Town Manager had been able to have a Police Officer LY ;~; ;~ ~. ~:~ May 19, 1970 present in the morning and again in the afternoon which seemed to be working out very well, but no firm polies had been established. Several favorable comments had also been received about the Police Officer being present. Councilman Frye reported thatthe Finance Committee met briefly bef ore the meeting of Council to consider the possibilites NO REPORT ON LONG TERM of the long-term financing for the new Municipal Building, but no FINANCING MUNICIPAL report could be made. at that time. BUILDING Councilman Ratcliff reported that the Sewer Committee had met with regards to the Snider Lane sewer request, but it appeared more CONTACTSit would be economically necessary to have more people interested in TO BE MADE ON SEWER connecting to this extension bef ore the Town dould undertake such LINE EXT. FOR SNIDER LANE an extension. He stated further contact is being made on the Alum Spring Road sewer request, and a report would be made of both projects at the next meeting of Council. .Town Attorney Moore reported that about two years ago Council authorized the re-codification of the ordinances of the Town, and to be incorporated in this was the change in the Town NEW TOWN Charter adopted at the 1970 Session of the General Assembly CORPORATE LIMITS setting forth the new corporate boundary lines. Mr. Moore stated DESCRIPTION T© BE IN NEW this has been done and the new Code seems to be in order with the CODE exception of some typing errors, but the context of same seems to be alright. Councilman Macgill moved that the pages that refer to the boundary lines of the Town be deleted and the new description enacted by the General Assembly 1970 Session be placed in as an amendment. The motion was seconded by Councilman Ratcliff, and carried. On motion of Councilman Vaughan, seconded by Councilman Graham, and carried; on the following recorded vote, an ordinance ADOPTION OF RE-CODIFI- adopting the new Town Code was adopted: CATION OF TOWN CODE Mason A. Vaughan - aye Glen K. Aust - aye A. L. Graham - aye Wm. A. House - aye J. H. White - aye W. D. Macgill, Jr.- aye S. G. Frye - aye Raymond F.Ratcliff- aye it 1 ~~t~"~ May 19, 1970 AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE"TOWN OF PULASKI, VIRGINIA, ENTITLED "THE CODE OF THE TOWN OF PULASKI, VIRGINIA" PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF" PULASKI, VIRGINIA: Section 1. There is hereby adopted by the Town that certain'Code entitled "The Code of the Town of Pulaski, Virginia" containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 30, both inclusive, of which Code not less than three copies have been and are now filed. in the office of the Town Clerk. Section 2. The provisions of such Code shall be in force on and after May I9, I970, and all ordinances of a general and permanent nature adopted on final reading and passage on or bef ore May 20, 1970, and not contained in such Code are hereby repealed from and after May 19, 1970, ADOPTION OF except as hereinafter provided. Section 3. The repeal provided for in the preceding section RE-CODIFICATION of this ordinance shall not affect any offense or act committed or done or any penalty or f orfeiture incurred or any contract or right established or accruing bef ore May 19, 1970; nor shall OD TOWN CODE it affect any prosecution, suit or proceeding pending or any judgmLnt rendered print"to May 19, 1970; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the Town or authorizing the issue of any bonds of the Town or any evidence of the Town's indebtedness or any contract or obligation assumed by the Town; nor shall it affect the annual tax levy; nor shall it aff ect any right or franchise conferred by ordinance or resolution of the Town on any person or corppration; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the Town officers or employees; nor shall it affect any ordinance annex- ing territory to the Town; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the Town; nor shall it affect any ordinance relating to zoning; nor shall it affect any ordinance adopted on final reading and passage after May 20, 1970; nor shall it affect the Building, Electrical, Housing or Plumbing Code; nor shall it affect any of the following ordinances or amendments thereto: 10-7-58, Retirement plans. 1-15-63, Sick Leave Plan. SECt10F1 4. Whenever ,in the Code adopted by this ordinance or in any other ordinance or resolution of the Town or in any rule, regulation or order promulgated by any officer or agency of the Town .under-authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to de any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided theref or, the violation of any such provision of such Code or any other ordinance or resolution of the Town or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars-or imprisonment for a term not exceeding twelve .months or by both such fine and imprisonment. ~~~ May 19, 1970 Except where otherwise pr ovided, every day any violation of such Code or any other ordinance or resolution of the Town or such rule, regulation or order shall continue shall constitute a separate offense. Section 5. It is hereby declared to be the intention of the Town Council that:the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentencesi paragraphs and sections of this,ardinance or the Code hereby adopted. Councilman White moved the adoption of an ordinance to 25 FT. STREET & vacate a twenty-five foot street or road and a fifteen foot alley ' ALLEY CLOSED Iying and being in the Town of Pulaski, as requested by the Claremont PER R EQ . OF CLAREMONT CORP. ~ ~' ' Corporation, upon the further condition that the street proposed be stoned with proper base and paved according to the specifications of the Town Manager by the Claremont Corporation within eighteen (18) months from the date of the adoption of the ordinance. The motion gas seconded by Councilman Aust, and carried on the following recorded vote: Mason A. Vaughan - aye Wm. A. House - aye A. L. Graham - aye W. D. Macgill, Jr. - aye J. H. White - aye Raymond F.Ratcliff - aye S. G. Frye - abstained Glen K. `Aust - aye ' AN ORDINANCE TO VACATE A TWENTY-FIVE FOOT STREET OR ROAD AND A FIFTEEN- - FOOT ALLEY LYING AND BEING IN THE TOWN OF PULASKI, VIRGINIA, SUBJECT TO CERTAIN EXEMPTIONS, AND Tt7 PROVIDE FOR PAYMENT OF COSTS OF THIS PROCEEDING. ORDINANCE ADOPTED WHEREAS, Claremont Corporation of Pulaski, filed its CLOSING STREET & petition on the 21st day of April, 1970, with the Council of the Town of Pulaski, Virginia, after posting Notices on the ALLEY- CLAREMT. 9th day of April, 1970, in three places in said Town, as required by law, which posting was at least ten days prior to the filing of said petition. Petitioner requested the Town to vacate and abandon portions of a 25-foot street or road and a 15-foot alley running through its property, set out-and described in said petition and plat which was filed therewith; and, WHEREAS, upon filing of the of oresaid petition, the Council did by Resolution appoint Dan C. Bell, A. C. Sumner, and Archa Vaughan, Jr., as viewers, and C. C. Jordan as alternate, pursuant to Section 15.1-364 of the Code of Virginia of 1950, as amended; and, WHEREAS, subsequent thereto, alI the landowners who would be affected by the vacation of the of oresaid portions of said street and alley were notified" of the filing of said petition and of the Public Hearing thereon set for the 5th day of May, 1970, in the Town of Pulaski, Virginia, said notice being by proper publication in the Southwest Times, a local nepspaper; and, [] J 1 1 1 May 19, 1970 ;'fit i3 WHEREAS, on the 5th day of May, 1970, 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 or road and said alley as described in the petition and hereinafter described, and upon the filing of 'the Viewers' Report stating that in the opinion of the viewers no inconvenience would result from the abandonment and discontinuance of the public use, by closing the portion of said street or road and said alley as requested by 'petitioner, providing a new street right of way is provided by petitioners,to the Town of Pulaski for the extension of Monte Vista Drive; and that Appalachian Power Company be granted an easement for ingress and egress from the extended Monte Vista Drive along-the Norf old and Western Railway to its property; and, WHEREAS,'there are certain easements for utilities over a 'portion of"the street now being considered for abandonment which ORDINANCE must be mairitained;' and,' WHEREAS, the Council of the Town of Pulaski, Virginia, hereby finds that no inconvenience will result from the closing of the portion of the 25-foot street or of the CONTINUED 15-fcjot alley, providing the easement for the utilities located in said street or alley right of way is retained, ancY-that new easement for street"purposes be granted the Town, as well as an easement to Appalachian Power Company for ingress and egress to .this property and for their lines; and, WHEREAS, Council further finds that all requirements. of law for these proceedings have been met and that petitioner has executed'a deed of easement granting the Town the right of way for the new location of a street for the extension of Monte: Vista Drive, and did further grant Appalachian Power Company an easement for ingress and egress from the extended portions of .Monte Vista Drive to `the-Appalachian Power Company property; NOW, THEREFORE, BE'IT ORDAINED BY"THE COUNCIL CE THE TOWN OF PULASKI, VIRGINIA, as follows: That the portion of that certain 25-foot street or road running through the property of petitioner and described as follows: [1 Beginning at a point in the west right of way line of Norf olk and Western Railway Company, said point being located 12.5 feet northward from the northeast corner of Lot No. 42, as shown on map of J. M. Brown Farm, as recorded in Plat Book 1, page 257; thence parallel with, and 12.5 feet northward from north lines of Lots Nos. 42 and 41, the following courses and distances; North 80 deg. 00' W 56E feet; thence crossing Bob White Boulevard, South 79 deg. 20' West 598 feet; ~" thence North 65 deg. 45' West 250 `feet to a`point located 12.5 feet northward from the northwest corner of Lot No. 41 of the J. M. Brown Farm, said point being located approximately 480 feet eastward from the east end of MacgillStreet And that the portion of that certain 15-f oot al-ley running through petitioner's property and described as follows: Beginning at a point in the north line of land of Appalachian Power Company, said point being located North 77 deg. 15' West 345.5 feet from the west right- of-way line of Norfolk and Western Railway Company; thence parallel with and 7.5 feet westward from the west lines of Eot No. 42, J. M. Brown Farm,. as follows: North 12 deg. 30' East 226 feet; thence North 0 deg. 15' West 472.5 feet to a point in the south Line of a 25-f oot wide street, described.above. ~-~~4 May 19, 1970 be, and the same are hereby vacated as a public street, roadway and alley, in the Town of Pulaski, Virginia, ex- cepting however an easement 10-feet wide on all portions thereof at locations where utility lines now exist, such j portions are hereby reserved as easements for utility pur-poses. BIi. IT FURTHER -ORDAINED that. the Town Manager of the Town. of Pulaski, Virginia cause; to be recorded in the Deed Books of t-he.County of Pulaski, Virginia, locate in the Clerk's Office of the said Counay, a copy d of this ordinance, .and to-take any and all other steps necessary to properly place on the records the said ordinance. ,. ~ - BE IT FURTHER .ORDAINED that- the of oresaid viewers be paid the sum of Ten Dollars (510.00) each, and that the costs involy ed in the vacating of-.the of oresaid street be paid by the petitioners. .;Town Manager Marshall reported -that a request had been received from the Hayden Electrica•1 Heating and Insulating Company for rezoning of•a 40 foot strip north of its present building on Alum Spring Road and extending back 230 feet,from R-2 to B-2 JT. MEETING General Business; that the Town Planning Commission had reviewed PLANN.COMM. & COUNCIL this request at their meeting on the 18th day of May and recommended TO HEAR PET. HAYDEN that a joint public hearing of the Pulaski Town Council and Town ELEC. Cf?. FOR RE- Planning Commission be held at the next regular meeting of Council. ZONING Councilman Frye so moved, which motion-was seconded by Councilman White, and carried. .. Mr. Marshall stated-that some months ago he reported to Council the trouble involved with the window town license decal, and that the Treasurer's office is now in position to revert back to TOWN TO RETURN TO the metal tags by August 1970, and recommended the decal be abandoned METAL LIC. - PLATES after the present license year expires in August of 1970. Council- man Macgill moved that.the Town return to-the use of metal tags for the Town after the year 1970 decal expires. The motion was seconded by Councilman House, and carried. Mayor Edens ~hanked< the visitors for taking time to attend the meeting. There being no further business, the meeting adjourned at 9:00 P M. ATTEST: Cle of the Council APPROVED MAYOR 1 1