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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 1 r ~~ U ~~~(-~ 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 1 ~~533 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 1 1 %~ ~ a 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