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HomeMy WebLinkAbout03-04-69~~F~~[~ Minutes of the regular meeting of the Pulaski Town Council, held March 4, 1969, at 4:00 P. M., in the Municipal Office. There were present: Mayor C. Robert Edens, presiding. Councilmen: J. H. White, Glen K. Aust, W. A. House, M. A. Vaughan, A. L Graham, W. D. Macgill, Jr. Raymond F. Ratcliff, S. G. Frye Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town attorney: Alan Groseclose Visitors: Jane Graham, Southwest Times reporter Joyce Gardner, WPUV Radio Station H. H. Eggert Gail France and Jan Roseberry The invocation was given by Councilman Ratcliff. Minutes of the regular meeting of February 18th were approved as recorded. Councilman Frye advised that the Town needs to purchase three Registration Books to keep the records of the voters as well as the fact that the voting records need up-dating. He further stated there was a record registration, 829 new registrants, last year bef ore the Tnwn Election, and to purchase these books the sum of $259.06, $259.60 APPROP. OVER BUDGET AMT. over and above the amount carried in the current budget, was needed TO PAY FOR VOTING RECORDS to take care of these additional expenses and also reimburse the & REGISTRAR'S PAY Registrar, and it was the recommendation of the Finance Committee that the sum of $259.06 be appropriated from the General Fund surplus and credited to Account Number 13-216, and so moved. The motion was seconded by Councilman Aust, and carried on the following vote: Raymond F. Ratcliff - aye S. G. Frye - aye W. D. Macgill, Jr. - aye J. H. White - aye W. A. House - aye A. L. Graham - aye Glen K. Aust - aye ~I. A. Vaughan - aye Town Manager Marshall presented to Council survey and out- line prepared by the Town Engineer of the proposed Taylor-Dillon TAYLOR-DILLON WATER LINE EXT. sewer project,, and advised that the Town was in the process of REPORT, R/W FROM N & W RWY. securing a right-of-way easement from the Norf olk and Western Railway Company for drilling under tts railroad tracks. ~~~~ Council mins. contd. 3/4/69 Councilman Ratcliff reported the Dolly Street sewer HOLLY ST. SEWER STILL UNDER project is still under consideration, but no report could be: made OONSIDERATION at that time. Jan Roseberry and Gail France, members of the Christian Church Youth Fellowship, , advised that the Group had decided to sell and install house numb ers for property owners needing this service, as well as paint the number on the curb for those persons HOUSE NOS . TO BE who wish this service. This project was discussed fully by Council INSTALLED BY YOUTH and the two youths, and they were instructed to contact Town Engineer OF CHRISTIAN CHURCH Hancock, and discuss this matter with him with regard to securing the correct numbers, bef ore starting the project. Town Manager Marshall advised Council that he and Chief Comer had discussed with Town Attorney Moore. the problems involved in Court cases where "improper driving" and the "duties of a driver in the event of an accident" were involved. Mr. Moore had prepared ordinances for Council's consideration and Town Manager Marshall read first the ordinance dealing with "improper driving". On motion of Councilman Aust, seconded by Councilman Vaughan, and carried, it IMPROPER DRIVING was, RESOLVED that the ordinance be adopted upon its first reading, ORDINANCE ADOPTED as f oilows: AN ORDINANCE TO AMEND CHAPTER 12, ARTICLE III, DIVISION 2, OF THE MOTOR VEHICLE AND TRAFFIC CODE OF THE TOWN OF PULASKI, VIRGINIA, AS AMENDED BY, 'ENACTing A N,EW SECTION 12-'36A : : BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, that: Sec. 12-36A Improper Driving. Notwithstanding the f oreg~ing provisions of this division a,nd amendments. thereto, or when reckless driving is alleged under any reckless driving ordinance of said town, upon the_tr~al of any person charged with a violation thereof, where the degree of culpability is slight, the Court in its discretion may find the accused not guilty of reckless driving, but guilty of improper driving, and impose a fine not exceeding one hundred dollars ($100.00). On motion of Councilman Frye, seconded by Councilman White, and carried, the following ordinance was adopted: 1~~~~" Council mins. contd. 3/4/69 AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER i2, ARTICLE I, SECTION 12-8 AND SECTION 12-9 BY AMENDING AND RE-ENACTING SAID CHAPTER AND ADDING 12-8, SUB-SECTIONS (1), (2), (3), (4), (5), (6), and 12-8.1, and AMENDING AND RE- ENACTING 12-9 BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, that: Section 12-8 Duty of driver to stop, etc., in event of accident; duty of occupant; reports additional to other accident reports required by-this article. (1) The driver of any vehicle involved in an accident in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic and report to a police officer or to the driver or some other occupant of the vehicle collided with or to - the custodian of other damaged property, his name, address, operator's or chauffeur's license number and the registra- tion number of his vehicle. (2) If the driver fails to stop and make the report required by paragraph (1) of this section, any person in the vehicle with the driver at the time of the accident who has knowledge of the accident shall report within twenty-f our hours from the time of the accident to the chief of police of the town, his name, address and such other inf ormation within his knowledge as the driver must report pursuant to paragraph (1) of this section. (3) The driver of any vehicle involved in an accident in which no person is killed or injured but in which an unattended vehicle or other unattended property is damaged shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the driver must report pursuant to paragraph (1) of this section if such owner or custodian is found. If the owner or custodian of such damaged vehicle or pro- perty cannot be found, the driver shall leave a note in a con- spicuous place at the scene of the accident and shall report the accident in writing within twenty-f our hours to the Chief of police. Such note and written report shall contain the information which the driver must report, pursuant to para- graph (i) of this section and such written report shall state in addition the date, time and place of the accident and the driver's estimate of the property damage. (4) If the driver fails to stop and make a reasonable search for the owner or custodian of an unattended vehicle or property or to leave a note for such owner or custodian as required by paragraph (3) of this section, any person in the vehicle with the driver at the time of the accident who has knowledge of the accident shall report within twenty-f our hours from the time of the accident to the chief of police, his name, address and such other facts within his knowledge as are required by paragraph (3) of this section to be reported by the driver. (5) The reports required by this section are in addition to other accident reports required by this chapter or state law and shall be made irrespective of the amount of property damage involved. (6) The provisions of this section shall apply irres- pective of whether such accident occurs on the public streets or highways or on private property. #"7'7'7 Council mins. contd. 3/4/69 Sec. 12-8.1 Penalty for violating preceding section. Any person convicted of violating the preceding section shall be punished by a fine not exceeding five hundred dollars or imprisonment fora term not exceeding twelve months or by both such fine and imprisonment; provided, however, if the vehicle struck is unattended and the damage thereto be less than twenty-five dollars, such person shall be punished only by a fine not exceeding fifty dollars. Sec. 12-9 Leaving scene when directed to do so by officer. A personall shall leave the scene of a traffic accident when directed to do so by a police officer. At its meeting on February 18th Council directed the Town Attorney to prepare an ordinance amending Section 18-6 of Chapter 18 of the Town Code to provide a new schedule of rates to include a ten cent (lOC) per zone increase for taxicabs. The following ordinance was presented by Alan Groseclose, and on motion of Councilman Aust, seconded by Councilman Macgill, and carried on the following recorded vote: Glen K. Aust - aye Mason A. Vaughan - aye Andrew L. Graham - aye S. G. Frye - aye William A. House - aye J. H. White - aye ' Raymond F. Ratcliff:- aye W. D. Macgill - aye the ordinance was adopted as follows:. AN ORDINANCE TO AMEND AND RE-ENACT SECTION 18-6 OF CHAPTER 18 OF THE CODE OF THE TOWN OF PULASKI, VIRGINIA, TAXICAB PTO PROVIDE A NEW SCHEDULE OF RATES FCTR TAXICABS AND OTHHR VEHICLES FC?R ORDINANCE HIRE NEW SCHEDULE BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULSTKI, VIRGINIA, THAT: FOR RATE Sec. 18-6. Schedule INCREASE Provided that the proper state license fees have been .paid, the following rates are hereby fixed for services rendered by public vehicles, taxicabs and f or- hire cars within the corporate limits of the Town. (a) For the transportation of one passenger in such a vehicle, the following rates within Zones, between Zones and into Zones shall apply: Emkarkation Point Within: Destination Point Within: Rate: Zone ]. _ Zone k $ .60 -Zone 1 or 2 Zone 2 .65 .Zone 1, 2 or 3 Zone 3 .75 - Zone 1, 2, 3 or 4 Zone 4 .85 Zone 2 Zone 1 .65 Zone 3 Zone 2 or 1 .75 Zone 4 Zone 3, 2, or 1 .85 (B) When both the embarkation point and destination point are in zones other than Zone 1, and in traveling from the embarkation point to the destination point it is reason- ably expedient from the standpoint of time, distance and `~ / Council mins. contd. 3/4/69 street layout or condition to travel from the embarkation point back through Zone 1, an additional charge of ten cents (10~) shall be made for each zone traveled into between Zone 1 and the destination point. (c) For the purpose of this section travel along a street which is a zone line, shall be travel through. a zone. On motion of Councilman Aust, seconded by Councilman Vaughan, and carried, the following ordinance was adopted: AN ORDINANCE TO AMEND AND RE-ENACT SECTION 34 of THE LICENSE TAX CODE OF THE TOWN OF PULASKI, VIRGINIA, PROVIDING LICENSE UPON VENDORS' CARTS, MOBILE UNITS, ETC. BE IT ORDAINED BY THE COUNCIL ~' THE TOWN OF PULASKI, VIRGINIA, AS FOLLOWS: That every person, firm, company, association, or corporation, conducting or engaged in any of the f ollow- ing acts, or endeavors shall first securea license therefor as hereinafter provided; SECTION 34. ORDINANCE (1) On every vending cart from which is sold conf ections, ice cream, hot dogs, pizza, or any foodstuff, PRd~IDING LICENSE beverage or other similar product upon the streets in the Town of Pulaski, and goes from place to place on the UPON VENDORS, streets of said Town for that purpose, and which is not propelled or driven by a motor, but by hand, there shall CARTS, ETC. be a tax of $15.00 on each such cart. MOBILE UNITS (2) On every motor-driven or self-propelled vehicle from which is sold confections, ice cream, hot dogs, pizza, or any foodstuff, beverage or other similar product upon the streets of the Town of Pulaski, and goes from place to place on said streets for that purpose, and where saidtrehicle is attended by only one person, and the owner thereof has a permanent location or place of business within the corporate limits of the Town, there is hereby imposed a tax of $50.00 on each of such vehicles, and for each additional attendant above one, an additional license tax of $10.00; in the event that the said owner does not have a permanent location or place of business within said corporate limits of the Town, there is imposed a license tax on each such vehicle of $150.00, and on each attendant above one, a tax of $20.00. (3) Any license or tag issued by the Town under this tax ordinance shall be exhibited at all times upon or in said uehicle and shall not be displayed or used by any other parson other than the licensee, or his agent, (4) No licensee, nor any person in his behalf, shall shout, blow a horn, ring a bell or use any sound device, including any loudspeaker, radio or sound amplifying system without first obtaining a permit for such use issued by the Town Manager under the provisions of ordinance regulating the ;use of such devices. 1 1( d i1 Council mins. contd. 3/4/69 (5) No iicensee shall have for his vehicle any exclusive right to any location in the public streets, or to a stationary location in the public streets, nor shall licensee stop his cart or vehicle within one hundred (100) feet of the front of any store, shop, or stand, in or from which similar merchandise is sold, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this ordinance, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (6) Applicants for the license herein provided shall furnish .such information concerning his name, the company he is employed by, the ownership of the vehicle involved, character references and financial statement, and such other information as may be deemed necessary by the Treasurer of said Town for the purpose of identifying applicant, and determining that he is of good character and sound financial responsibility. The said Treasurer may cause such investigation as he deems necessary to be made. of any applicant for license under this ordinance. (7) All motor vehicles shall also be subject to the Town motor vehicle license code. (8) Applicant shall comply with all applicable health regulations made. and provided by the-Town of Pulaski, and the State of Virginia. 19) Licenses granted hereunder shall not be pro- rated.._ This ordinance shall become effective upon passage. Mr. Marshall advised that the Norfolk and Western Railroad N & W ASSESS-Assessment case would be heard March 10th bef ore the State 6orporation MENT CASE SET FOR Commission, and that Mr. Epps would .present the case for the Virginia MARCH 10TH Municipal League. Councilman Aust moved that Council go into executive session for the EXECUTIVE discussion of certain real estate Matters. The motion was seconded by SESSION Councilman House, and carried. 4:50 P. M. At 5:55 P. M. Mayor Edens declared the meeting to be in regular session. Mayor Edens advised that the Town proposes to establish a recreational TOWN ATTY. area and to construct afire house in the eastern part of the Town, and TO OFFER MACGILL f or this purpose needs to acquire lands from the Macgill Village Corpora- VILL . C ORP . $19,500. tion. That for more than a year the Town has been negotiating with the FOR LAND FOR REC. & FIRE STATION ` & .Q ~J~l Council mins. contd. 3/4/9 officials of the Macgill Village Corporation for the purchase of this land to no avail. That the adoption of a Resolution prepared by the Town Attorney was discussed in the executive session and on motion-'of .Councilman Vaughan,, seconded by Councilman Ratcliff, and carried, it was, RESOLVED, that .the Town Attorney notify the Macgill Village Corporation that the Town offers the sum of $19,500.00 for the parcel of land, and said amount be inserted in the Resolution, which Resolution was adop-ted'on the f oliowi:ng recorded vote: Raymond F. Ratcliff - aye S. G. Frye - aye W. D. Macgill - aye J. H. White - aye W. A. House - 'aye A. L. Graham - aye Glen K. Aust - aye M. A. Vaughan - aye In the matter of ) Town of Pulaski, ) ACQUISITION OF Virginia ) PROPERTY FOR PUBLIC PURPOSES v. ) Macgill Village Corporation) WHEREAS, the Town of Pulaski, Virginia, proposes to establish a recreational area and construct a firehouse in the eastern part of the Town of Pulaski, Vir ginia, COURT PROCEEDINGS and for this purpose needs to acquire land from Macgill Village Corporation, with a total acreage of 10.42 acres, plus' FOR ACQUISITION OF an additional acreage of .35 acre which lies in easement dedicated f or street purposes, all as shown on attached map thereof; and, MACGILL VILLAGE WHEREAS, the Tdwn of Pulaski, Virginia, has made applica- LAND tion for both State and Federal assistance in the development of an overall recreational program; and the cost of the purchase of the land And the establishment of the playground and recreational area upon a certain tract of land now owned by Macgill Village Corporation. has been approved and purchase authorized and directed by State and Federal agencies; and, WHEREAS, for more than twelve months the Town of Pulaski, Virginia, has endeavored to get a reply to their request to purchase and for a conference from officials of Macgill Village Corporation, a non-resident corporation whose officers are also non-residents of Virginia, in order to determine if they will sell the land hereinafter described, owned by the said corporation, all to no avail, euen though Mr. Leo L. Ginsburg, their attorney and officer of the Corporation, has been in Pulaski, Virginia, and had agreed to meet with Town officials when in Pulaski; and, WHEREAS, the of oresaid land is necessary for the establish- ment of the recreational facility and the construction of a firehouse, and, the Town, through its Council, deems it necessary to acquire the land hereinafter described from Macgill Village Corporation for these public purposes; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meeting in regular session on this 4th day of March, 1969, that: The Town, in consideration of the premises, does hereby declare that the acquisition of the land hereinafter described is needed for public purposes, and more specifically, Parcels A and B are needed to establish a recreational facility, and Parcel C for the construction of a firehouse in the eastern 1 [] portion of the Town of Pulaski, Virginia; %~~~~. Council mins. contd. 3/4/69 That efforts to purchase from the owners who are non- residents, have been ineffectual because of the failure on the part of the owners to respond to the Town's offer, or to discuss or negotiate the purchase; theref ore, the Council of said Town hereby directs the Attorney for the Town to proceed as its agent to notify the Macgill Village Corporation that the Town offers to purchase from them for the sum of Nineteen Thousand, Five Hundred & 00/100------- Dollars the parcels of land, A. B, and C hereinafter described. If no reply is received from Macgill Village Corporation within ten (10) days, or if the offer is rejected, the attorney for said Town is hereby directed to file the necessary condemnation proceedings pursuant to the Town's authority to acquire property through eminent domain process under applicalbe laws and general statutes of the State of Virginia, or under the Charter and appropriate laws of the Town of Pulaski, Virginia. The attorney for the Town is further authorized to sign any necessary pleadings or other instruments and to take the necessary steps to acquire far public purposes of the Town the herein described land now belonging to Macgill COURT PROCEEDING~illage Corporation. The Mayor of said Townand other officials are hereby directed to sign and to execute any proceedings or instruments that may become necessary in this proceeding, and CONTINUED to do all things necessary to acquire said land for public purposes. The Town Council further finds that the said property necessary for public purposes and -more particularly for recreational facilities and related activities is described as follows: PARCEL-A: BEGINNING in the northwestern line of land formerly owned by C. J. Brookman, which point of Beginning is a southwest corner of Lot 67; thence with said former line of Brookman property south 65 deg. 25' West 368.70 feet to a point; thence North 70 degs. 57' West, .241.41 feet to a point; thence North 63 degs. 36' West 189.00 feet to a point at a corner in the Paul Cox line; thence therewith North 32 deg. East 476.20 feet to a point; thence North 73 deg. 10' East 168.50 feet to a point; thence North 61 deg. 00' East 255.00 feet to a point; thence South 28 deg. 47' East 128 feet to a point; thence North 52 deg. 23' East 201.60 feet to a point, the northwest corner of Parcel C hereinafter described; thence with a common boundary line thereof, South 28 deg.. 47' East 270.80 feet to a point in the center line of Lynwood Street; thence therewith on a curve to the right with a radius of 1875.74 and with a Chord S South 58 deg. 19' West 388.88 feet to a point; thence South 25 deg. 45' East 171.80 feet to the point of Beginning; And containing a total area of 9.24 acres, 0.23 acre thereof being the area of Lynwood Street included in the of oresaid description, thereby making a net area of 9.01 acres. PARCEL B: And as a part of the above and in connection therewith, that portion of Floyd Lane Now unopened, and described as follows: BEGINNING AT a point in the northwest boundary line of Parcel A above, at the southeast corner of the Paul Cox lot; thence therewith North 63 deg. 56' West 221.00 feet to a point in the western boundary line of Floyd Lane; thence on a curve to the left, with a radius 65.00 feet and a Chord South 77 deg. 22' East 83.2 feet to the southeastern corner of Floyd ~~ ~~7~ Council misn. Condt. 3/4/69 Lane; thence South 63 deg. 56' East 161.20 feet to a point in the northwestern line of Parcel A; thence therewith South 32 deg. 00' West 50.2 feet to the point of Beginning. The Town Council Further finds that the property necessary for public purposes and more particularly for a firehouse and related activities is described as follows: PARCEL C: BEGINNING at a point in the center line of Lynwood Street, which point of Beginning is the Southeastermost corner of Parcel A above and with the common boundary line of Parcel A, North 28 deg. 47' West 270.80 feet to a point; thence North 52 deg. 23' East 213.30 feet to a point; thence South 28 deg. 47' East 270.80 feet to a point in the center line of Lynwood Street; thence there- COURT PRQCEEDINGS with South 52 deg. 23' West 213.30 feet to the point of Beginning; CONTINUED And containing a total area of 1.31 acres, 0.12 acre thereof being the area of Lynwood Street included in the aforesaid description, thereby making a net area of 1.19 acres. There being no further business, the meeting adjourned at 6:00 P. M. APPROVED: Mayor Attest: Clerk of the Council 1 1 1