HomeMy WebLinkAbout11-06-67-~~~2fj
Minutes of the regular meeting of the Pulaski Town
Council, held November 6, 1967, at 11:00 P. M., in the
Municipal Office.
There were present: Mayor C. V. Jackson, presiding.
Councilmen: Raymond F. Ratcliff, W. S. Cummings,
T. J. McCarthy, Glen K. Aust, H. H.
Eggert, C. B. Gallimore, Rudolph
Farmer, S. G. Frye
Also present: Town Manager: Evan Norton
Clerk: Gladys R. Dal ton
Town Attorney: Garnett S. Moore
Visitors: Jane Graham, Southwest Times reporter
Paul Dellinger, Roanoke Times reporter
Tom Cassell & Jim McLendon, WPUV Radio Station
Thomas Woodyard and wife
Eugene Nuckols, Attorney
The invocation was given by Councilman Gallimore.
Minutes of the regular meeting of October 17th were
approved as recorded.
The first busi Hess of Council was to hold a public
hearing on the application of Thomas Woodyard to place a
house trailer on a lot belonging to Willard Trail, at 517
Winfield Circle, as had been advertised in the local news-
TRAILER APPLIC.
OF TH06. paper. Town Manager Norton stated the application indicated
WOODYARD TO
PLACE TRAILER that Willard Trail was the father in law of Thomas Woodyard,
ON RENTED LAND
APPROVED and that the trailer would be placed on the rear of the lot,
and back of the house in which Mr. Trail lived. It was also
brought out that the trailer would be connected to the town's
ORDINANCE water and sewer systems. There was no one present to oppose
COMMITTEE
REPORTS this application. Councilman Farmer advised that the Ordinance
Committee had made a study of the Trailer Ordinance, as
directed by Council, and that he was ready to make a report
on their findings with regard to persons desiring to place
house trailers on lots which they do not own and must rent
same. Councilman Farmer advised that the Committee could not
find any evidence where it was not alright to place trailers on
rented land. Councilman Eggert moved that the application of
Thomas Woodyard be approved, which motion was seconded by
Councilman Frye, and carried.
Council rains. contd. 11/6/67 ~/ ``,~~
TRAILER Similar trailer applications of Garnett B. Whitt, Sr., and
APPLICATIONS OF
WHITT, SMITH & James W. Smith and Mrs. Barrie M. Brown, which had been def erred until
BRQn1N DEFERRED
UNTIL NEXT the Ordinance Committee made a report on its study, were continued
MEETING
until the next regular meeting of Council.
Mr. Carl Chandler, owner of the property at the corner of
Sixth Street, North, and Jefferson Avenue, appeared before Council
to ask about Council's policy concerning owners of property sharing
in the cost of curb and gutter, and was advised that it had always
6TH ST. SIDE-
WA]:,K CURB & been the polity that the property owner pay one-half the cost of
GUTTER -POLICY
EXPLAINED TO sidewalk, curb and gutter based on the actual cost of the front
MR. C. CHANDLER
footage of each property owner. Mr. Chandler indicated that if that
was the policy, he would go along with the petitioners for curb and
gutter on the north side of Sixth Street, between Jefferson Avenue
and Randolph Avenue.
Town Manager Norton read a letter from Howard C. Jackson
resigning his position as special consultant with the Town, as of
HOWARD C.JACKSON
RESIGNS 11/3/67 November 3, 1967, to accept the position of Resident Inspector for
& ACCEPTSNEW
P0:>ITION the engineering firm of Thompson & Litton of Wise, Virginia. Council-
man Ratcliff moved that the Town Manager write a letter to Mr. Jackson
expressing regrets and wishing him success in his new job, which
motion was seconded by Councilman Eggert, and carried.
Town Manager Norton advised that the New River Valley Emergency
FINANCE COMM Squad had requested that the Town refund the Emergency Squad the
TO CONSIDER
REQ. OF NEW $53.00 buildi ng permit fee recently paid to the town for their
RIVER XALLEY
EI~RG. SQD. building on First Street, S. W., and also requested that the town
F'OR DONATION
OF WATER & donate water and sewer connection fees to this building to the Squad.
SEWER FEES
Councilman Ratcliff moved that the requests be turned over to the
Finance Committee for a report, which motion was seconded by Council-
man Gallimore, and carried.
Town Attorney Moore gave brief resume of the legal proceedings
CL06ING OF
STS & ALLEYS to date regarding the petition of Miller A. Bushong, ~Tr., and Charles
IN RT.99
BALL. PARK Lee Bushong to the Town to close certain streets and alleys in the
PROP HELD
IJP ~1DR Route 99 property purchased from the Town by them and the fact this
EAS~I~NT OF
(x.C'.CO: was being held up pending the receipt of an easement from the General
COfTPICIL ADOPTS
ORDINANCE
~1~~~
ORI7INAN CE
CLOSING
STREETS &
ALLEYS IN
RQJTE 99
BALL PARK
PROPERTY
PURCHASED
BY BUSHONGS
Council rains. contd. 11/6/67
Chemical Company, and suggested that Council might consider
the adoption of an ordinance closing. the streets in the
property purchased by the Bushongs without jeopardizing any
one of any rights, and read to Council an ordinance which he had
prepared. On motion of Councilman Gallimore, seconded by
Councilman Aust, and carried on the following recorded
vote, the following ordinance was adopted;
W. S. Cummings - .aye
T. J. McCarthy - aye
Glen K. Aust - aye
C. B. Gallimore - aye
Raymond F. Ratcliff -aye
S. G. Frye - aye
Rudolph Farmer - aye
H. H. Eggert - aye
AN ORDIPtANCE TO VACATE AND ABANDON
CERTAIN STREETS, AVEH(JES AND ALLEYS
LYING AND BEING IN THE TOWN OF
PULASKI, VIRGINIA, WITHIN THE BOUNDARY
LINES OF THE LOTS RECENTLY SOLD BY THE
TOWN OF PULASKI TO MILLER A BUSHONG, JR.
AND CHARLES LEE BUSHONG, AND TO PROVIDE FOR
PAYMENT OF COSTS OF THIS PROCEEDING.
WHEREAS, Miller A.Bushong, Jr., and Charles Lee Bushong
filed their petition on the 21st day of March, 1967,
with the Council of the Town of Pulaski, Virginia, after
having posted on the 9th day of March, 1967, Notice as
required by law in three places in said Town, ten days
prior to the filing of said petition; said petition
filed requesting the Town to vacate and abandon those.
portions of thQ streets, avenues and alleys lying
within the boundary lines of that certain tract or parcel
of land sold by the Town to said petitioners and set out
and described in said petition filed; and,
WHEREAS, upon receiving the aforesaid petition, the
Council appointed W. M. Board, C. L. Plunkett and E. C.
Grigsby as viewers, and G. C. Hall an alternate, pursuant
to Section 15.1-36l~ of the Code of Virginia of 1950, as
amended; and,
WHEREAS, subsequent thereto, the landowners affected
by the vacation of the streets, avenues and alleys described
in said petition were notified of the filing of said
petition and were given Notice of the Public Hearing
thereon set for the 18th day of April, 1967, in the Town
Office of Pulaski, Virgitia.; said notice given by delivering
copies thereof to the landowners and by publication in the
Southwest Times, a local newspaper; and,
WHEREAS, on the 18th day of April, 1967, the Public
Hearing was held pursuant to the aforesaid notice, and
continued from time to time thereafter upon the
objections of a property owner and by reason of the
subsequent request of the General Chemical Company
to close other streets, avenues and alleys lying east
of Kimball Avenue, and thereafter upon negotiation of the
Town with the General Chemical Company for a new street
right of way to meet the objection to the closing of said
public ways, upon proper procedure being had for the
closing of the aforementioned streets east of Kimball
Acenue, including a Public Hearing thereon, Report of Viewers,
and the further consideration of Council; and,
WHEREAS, both the petition of Miller A. Bushong, Jr.
and Charles Lee Bushong, and Council's motion on request of
the General Chemical Company are now pending before the
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Council mi ns. contd. 11/6/67
Council under procedures properly brought and completed;
and,
WHEREAS, it appears that so me additional time will be
required for negotiations concerning streets lying east
of Kimball Avenue, and there appearing no reason to delay
consideration on the closing of Streets, avenues and
alleys lying west of Kimball Avenue and within the
boundary of the property to be sold by the Town to Miller
A. Bushong, Jr. and Charles Lee Bushong; and,
WHEREAS, it appears to the Council from the proceedings
had herein and the report of the Viewers that no person's
rights would be affected by said closing and the Council
being of the opinion and finding that no inconvenience
would result from the closing of the streets, avenues and
alleys lying within the boundary of the property to be sold
to Bushongs by the Town, and that all reauirements of law
have been met;
NOW, THEREFORE, BE IT ORDAINED by the Council of the
Town of Pulaski, Virgi nia, as follows:
That all those certain streets, avenues and alleys
lying north of Route #99 near the east corporate
limits of the Town of Pulaski, and west of the west
ORDINANCE boundary line of Kimball Avenue as shown on the map
of the Pulaski Development Company, of record in the
Clerk's Office of the Circuit Court of Pulaski County,
Virgi nia, in Plat Book 1, page 263A, and being that
CONTINUES portion of Fourth Street, East of the old corporate
boundary line and west of the western boundary line of
Kimball Avenue, and that portion of Bank Street lying
between the eastern boundary line of Peach Street and
the western boundary line of Kimball Avenue, and those
certain alleys running north and south from the northern
boundary line of Lots 9, 10, 11, 12, 13 and 14 in Section
1, as shown on the aforesaid map, subject to the reserva-
tion of all necessary easements for any and all utilities
installed within the boundary of any of the aforesaid streets,
avenues and alleys,
be, and the same are hereby, vacated as public streets and
public ways in the Town of Pulaski, Virginia.
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 record said ordinance.
BE IT FURTHER ORDAINED that W. M. Board, C. L. Plunkett,
and E. C. Grigsby, the aforesaid viewers, be paid the sum of
Ten Dollars ($10.00) each, and that the costs involved in the
vacating of the aforesaid street be paid by the petitioners.
WHEREUPON this ordinance is hereby adopted by the vote of
the members of Council, as follows:
Woodson Cummings aye Raymond Ratcliff aye
T. J. McCarthy aye S. G. Frye aye
Glen Aust aye Rudolph Farmer aye
Claude Gallimore aye H. H. Eggert aye
And Thereupon, the Mayor of said Town of Pulaski, upon
presentation to him of said ordinance, approved and signed the
same, this 6th day of November, 1967.
~~ ~c-~`~ Council miss, contd. 11/6/67
As had been directed by the Council, Town Attorney
Moore presented a Resolution accepting the high bid of $38,888.88
RESOLUTION from Miller A. Bushong, Jr. and Charles Lee Bushong for the Route
ACCEPTING 99 property, and on motion of Councilman Frye, seconded by
BID OF Councilman Eggert, and carried on the following recorded vote,
BUSHONGS the followi ng Resolution was adopted by Council:
(S38,888.88) W. S. Cummings - aye Raymond F. Ratcliff -aye
T. J. McCarthy - aye S. G. Frye - aye
RE: RT. 99 Glen K. Aust - aye Rudolph Farmer - aye
C. B. Gallimore -aye H. H. Eggert - aye
PROPERTY
WHEREAS, The Town of Pulaski, by action of the
Council taken on February 7, 1967, accepted the high bid
of $38,888.88 from Miller A. Bushong, Jr. and Charles
Lee Bushong, has sold to the high bidder that certain
tract or parcel of land belonging to said Town, con-
sisting of 5.05 acres, more or less, lying north of
Route #99, known as the Ball Park property, and directed
the attorney for the Town to prepare a deed conveying same
to Miller A. Bushong, Jr. and Charles Lee Bushong, as
they may direct; and,.
WHEREAS, pursuant to the direction of Council, the
attorney for the Town has this day presented to the Council
a deed conveying the property, said deed now being before
the Council for its approval, authorization to execute,
and for delivery to the purchaser;
N04d', THEREFORE, ,BE IT RESOLVED BY THE COUNCIL
OF THE TOWN OF PULASKI meeting in regular session on this
6th day of November, 1967, that:
The sale of the Route #99 property be, and the same
is hereby, confirmed to Miller A. Bushong, Jr. and
Charles Lee Bushong; and,
The deed now before the Council, dated the 6th day
of November, 1967, from the Town of Pulaski, Virginia, to
Bushong, Inc., converying all that certain tract or parcel
ofland lying and being on the north side of Route #99,
known as the Old Ball Park property, in the Town of Pulaski,
Virginia, and more particularly described in said deed, be,
and the same. is hereby, ratified and approved; and the Mayor
is hereby directed to execute said deed on behalf of the
Town, and the Clerk of the Council shall attest same;
thereafter, the Town shall deliver said deed to the purchasers
upon payment by the purchasers unto the Treasurer of the
Town of the sum of $38,888.00, purchase price in full.
At a prior meeting of Council Town Attorney Moore had
been directed to prepare an ordinance incorporatng the recommenda-
tions of the Ordinance Committee with reference to amending
Sections 20-6, 20-6,1 and 20-6.2 of the Town Code dealing with
the Ten Dollar deposit on water accounts. Mr. Moore presented
the ordi Hance, and on motion of Councilman Farmer, seconded by
Councilman Frye, and carried, on the following recorded vote,
~~1.
Council mins. contd. 11/6/67
the following ordinance was adopted:
W. S. Cummings - aye Raymond F. Ratcliff -aye
T. J. McCarthy - aye H. H. Eggert - aye
Glen K. Aust - aye C.B.Gallimore - aye
S. G. Frye - aye Rudolph Farmer - aye
AN ORDINANCE TO AMF'ND AND RE-ENACT
SECTIONS.2d-6, 2b-5.1 AND 2Q-~.~ OF
THE COIF OF THE T~JN OF PULASKI,
VIRGINIA, OF 1951, PROVIDING FOR
APPLICATION FOR WATER SERVICE;
PAYMENT OF DEPOSITS; DISCONTINUANCE
OF SERVICE, PENALTIES, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI,
VIRGINIA, AS FOLLOWS:
Sec. 20-6. Application for water service; deposits.
Any person desiring to connect wit the town waterlines
and to introduce town water into his premises shall
make application for such service to the superintendent
or other properly designated agent of said Town upon a
form to be provided by the Treasurer.
A Ten Dollar deposit shall be paid to the Treasurer
at the time all applications for new water service are
made, except such applicants who own in fee the real
estate for which the water service is requested, and in
all cases where accounts for water service have been
discontinued due to delinquency or failure to make
WATER SERVICE payment of water bills. Any person making application
for restoration of water services shall, in addition to
making the above required deposit, pay all past due
0}ZDINANCE accounts, together wZth penalties, or any other sums due
for service received at any location before restoration
PROVIDES FOR of water service is made.
$:L0.00 DEPOSIT Only one Ten Dollar deposit shall be required for
each water account, which sum shall be applied to all
sums due at the time final bill is rendered either when
services have been discontinued due to the person moving
or non-payment for services, or for any other reason for
which payment has not been made. Deposit shall be
applied to all sums due whether for water service or penalty
or for watever other reason due to the water service.
20-6.1 Refunds.
(a) Deposits (or the residue if apart of said
deposit is applied as herein provided) shall be returned
without interest to any depositor upon discontinuance of
service on payment of all sums due the Town.
(b) Other deposits shall be returned by the Town
Treasurer without interest to depositor at the end of
twelve months from the time the deposit was made,
unless default in payment has occurred in the meantime,
in which case refund shall be made without interest in
twelve months from time of payment of last delinquent
account, penalty, and other sums due at that time.
~~ ~~~
ORDINANCE
20-6.2 Deposits after refund made.
Council mins. contd. 11/6/67
In the event a deposit is returned to a depositor
and the depositor or the user of the water service is
thereafter in default in payments requiring a cut-off of
service, then before a re-connection is made the applicant
or former depositor shall comply with the provisions of
Section 20-6 and 20-21. Deposits made under these
circumstances shall not thereafter be refunded to the
depositor for a period of thirty-sib months from the
time the deposit is made or the last default thereof
occurs.
On motion of Councilman Eggert, seconded by Councilman
N0. SIDE
PROP. OWNERS
TO BE CHGED.
WITH COST ~'
CURB AND
GUTTER -TOWN'S
PORTION APPROP.
FROM GEN. FUND
Cummings, and carried, it was, RESOLVED, that the property owners on the
north side of 6th street, North, be assessed on a front footage
basis for their portion of the cost of curb and gutter.
On motion of Councilman Frye, seconded by Councilman
Ratcliff, and carried on the following recorded vote, it was,
RESOLVED, that the Town's portion of the cost of the construction
of curb and gutter on 6th Street, North, be appropriated from the
General Fund:
Raymond F. Ratcliff - aye
W. S. Cummings - aye
T. J. McCarthy - aye
Glen K. Aust - aye
Town Manager Norton advised a petition had been received
CURB AND
GUTTER TO BE
INSTALLED IN
PEARCE PLACE
TOWN'S COST
APPROP. FROM
GEN. FUND
for curb and gutter, for a complete block on Wren Drive in Pearce
Place, and it was estimated the cost of this construction to the
Town would be approximately $500.00. Councilman McCarthy moved
that this curb and gutter be installed and that an appropriation be
made to cover the town's cost from the General Fund. The motion was
seconded by Councilman Ratcliff, and carried on the following re-
corded vote:
Raymond F. Ratcliff -aye
W. S. Cummings - aye
T. J. McCarthy - aye
Glen K. Aust - aye
S. G. Frye - aye
H. H. Eggert - aye
Rudolph Farmer -aye
C.B. Gallimore -aye
S . G . Frye - aye
H. H. Eggert - aye
Rudolph Farmer -aye
C.B.Gallimore - aye
Councilman Eggert reported that George Galloway had
been advised that the Town would ins tall a 2It" pipe in Medallion
GEO. GALLOWAY
DID NOT APPROVE Drive to take care of the storm waters, if Mr. Galloway would
PLAN FOR
STORM DRAIN pay for the pipe; also, that the Town would furnish the grating
NEk1BERN RD. &
MEDALLIAN DR. if Mr. Galloway would build the box culvert to catch these waters
i
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Council rains. contd. 11/6/67
and be responsible for taking same across his property. Mr.
Eggert advised that Mr. Galloway did not approve this plan, and
that it was the recommendation of the Street Committee that his
request, as outlined in the minutes o.f the October 17th meeting,
be denied. It was moved, seconded and carried that this request
be de Hied.
Councilman Cummings reported that the Water Committee had
met and considered the request for water services to Highland
Terrace. Mr. Cummings reported this line extension would be
WATER LINE
EXTENSION TO approximately 565 feet to serve two families, at a cost of
ON HIGHLAND
TERRACE NOT approximately $1100.00, and it was the feeling of the Committee
FEASIBLE
that it was not feasible to install a one inch line to serve only
two families, and moved that the request be denied. This motion
was seconded by Councilman McCarthy, and carried.
Councilman Ratcliff moved that the Route 611 Water and
Sewer Lines extension be continued on the agenda, which motion '
RT'. 611
WATER & was seconded by Councilman Gallimore, and carried.
SEWER LINE
EXT. CONT. Councilman Frye reported that the Finance Committee had
ON AGENDA
considered the invoice of Yarger and Associates, in the amount
of $Lt850.00; that inasmuch as final disposition of City Study
has not been determined, it was the recommendation of the Committee
$3600.00
TO BE PAID that $3600.00 be paid at once to Yarger and Associates, and that
TO YARGER &
ASSOCS. WITH the remaining $1250.00 will be re-considered sometime after the
$2~t00. BEING
APPROP. FR. first of the year. He stated that the current budget carries
GEN . FUND
the sum of $1200.00, and moved that Yarger and Associates, be
paid the sum of $3600.00 with $2l~00.00 being appropriated from the
General Fund. This motion was seconded by Councilman Cummings, and
carried on the following recorded vote:
Raymond F. Ratcliff - aye S. G. Frye - aye
W. S. Cummings - aye H. H. Eggert - aye
T. J. McCarthy - aye Rudolph Farmer -aye
Glen K. Aust - aye C. B.Gallimore -aye
~~~~~~
Council rains. contd. 11/6/67
Councilman Frye reported that inasmuch as it seems
impossible to obtain skilled help for the Filter and Sewage
ADJUSTMENT OF
BEGINNING RATE Treatment Plants at the present starting rate of $60.00 per week, it
OF PAY AT FILTER
& SEWAGE TR.PLTS. was the recommendation of the Finance Committee that the
starting rate be increased to $65.00 per week; and that
the employe now drawing $65.00 a week at the Filter pant
be increased to X68.00 per week, and so moved. This motion
was seconded by Councilman Cummings, and carried.
Mr. Joe Buchanan, a representative of Sweet-Orr and
Company appeared before Council relative to the Town furnishing
SWEET-ORR REq.
FOR WATER & water and sewer to a proposed industrial site at the Route 99-611
SEWER CONN. TO
NEW PLT. ADV. intersection, which is outside the corporate limits. It was
OUTSIDE CORP.
POLICY MUST explained to Mr. Buchanan the town's policy for outside corporate
PREVAIL
limits industrial water and sewer services and the fees involved.
Councilman Frye moved that the matter be placed on the agenda for
immediate discussion and consideration, which motion was seconded
by Councilman Gallimore, and carried.
After a further discussion, Councilman Gallimore moved
that Council go on record as assuring Sweet-Orr and Company
that the Town would furnish water and sewer services to this out-
side corporate limits site, according to water and sewer outside
policies. The motion was seconded by Councilman Ratcliff, and
carried.
On motion of Councilman Gallimore, seconded by Councilman
Ratcliff, and carried, it was, RESOLVED, that Council meet in
SPEC. SESSION
RE: TOWN PLAN. special session at 1:00 P. M. Tuesday, November ll~th, to consider
COMM. RECOMD.
FOR REZONING the recommendation and report of the Town Planning Commission
KEISTER PROP.
FOR SWEET-ORR upon the request of Sweet-Orr and Company for rezoning of the
Keister property on Alum Spring Road.
On motion of Councilman McCarthy, seconded by Councilman Aust,
AUTHORIZE PUR.
OF TWO POLICE and carried, it was, RESOLVED, that the Town Manager be authorized
CARS, COST IN
BUDGET to purchase two new police cars in accordance with his Administrative
1
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Council rains. contd. 11/6/67
Report, the cost of which is an amount carried in the budget
for that purpose.
The meeting ad3ourned at 5:10 P. M.
Approved:
G,~ - ~
~.~-.~% r'--
ayor
.._ ~,
Attest:
Clerk of. he Council