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HomeMy WebLinkAbout04-18-67 Minutes of the regular meeting of the Pulaski Town Council, held Tuesday,-April 18, 1967, at +4:00 P. M. , in the Municipal office. There were present, Mayor C. V. Jackson, presiding. There were present: S. G. Frye, C. B. Gallimore, Rudo7_ph Farmer, Glen K. Must, T. J. McCarthy, Raymond F. Ratcliff, H. H. Eggert, W. S. CutrIInings Also present: Town Manager: Evan Norton Clerk: Gladys R. Dalton T~t~ri Attorney: Garnett S. Moore Visitors: Jane Graham, Southwest Times reporter Paul Hollinger, Roanoke Times reporter Tom Cassell, WPUU Radio J. F. Logan, Contractor Eugene F. Nuckols, Attorney £6r Pulaski Motor Co., and Miller Bushong and Charles Bushong C. R. Davis Dean Cox Mrs. Eugene Elkins P. M. Sadler, Attorney for Mr. Davis Roy T. Rives, Imperial Color and Chemical Div. of Hercules, Inc. The invocation was given by Councilman Aust. Minutes of the regular meeting of April 4th, and April 11th, called meeting, were approved as corrected. Mayor Jackson advised that it was the time and place, as advertised in the local newspaper, for Council to hold its public P UBIIC HEra~ZNG hearing on the closing and abandoment of certain strs~ets and avenues CT.~OSIAIG 0~^ STREET and alleys within the Town of Pulaski, and located on a tract of 8- AVFT?UE ON LAND SOL'~ TO PUL,P,SKI land recently sold by the Town t€i the Pulaski Motor Company, as MOTOR CO. requested by this company. Mayor asked if there were persons present who were ,opposed to the closing of these streets. Mr. Phillip - Sadler appeared for Mr. Charles R. Davis, and filed with Council a written opposition in which it was stated that Mr. Davis owned approximately 7-1/2 acres which, at one time, bounded on the west by the old corporate limits line and is at the extremity of Fourth Street, East; that he has no other suitable means of ingress and egress from his property; that for several years he has been using the right of way, by sufferance, over the lands of Allied Chemical Corporation from his property to Route 99; that fourth street, east, to his property has been used in the past as a means of ingress 1 1 ~~'_~~1 Council mins. contd. 4/18/67 and egress to his home, but was abandoned several years ago due to the fact that the Town of Pulaski repeatedly refused to improve the street, although both he and his father made repeated requests to the town to grade and improve the street; that to grant the request to close that portion of fourth strret, east, would not only inconvenience him but would, in fact, deprive him of the use of his property in that it would be a.mpoasible to enjoy the maximum use of it and would be impossible to sell the same at its reasonable value, and therefore, by closing fourth street, the Town of Pulaski, in fact, would be taking his property without due process of law. Mrs. Pearl Elkins made a verbal protest to the closing OBJECT7LONS of these streets because it would. affect the developing of her STATED property. It was later determindd that Mrs. Elkins property RE~ CI:OST?~TG would not be~involved by the closing of these streets. STRFTI;T5 IN Dean Cox, a Building Contractor, who advised that he might p0T1T'T' ~~ be interested in developing the Chas. Davis property, objected PROPE;I~TY to the closing of fourth street because it stated it seemed to be the only means of ingress and egress. Attorney Nuckols stated he f~1t that Ki~ba11 Avenue is the most logical access to the Davis property,~but that one-half A of this street is in the area advertised by the Town to be closed. N Town Attorney Moore filed with Council the report of the D viewers in which it was stated that in their opinion the closing of the streets, avenues and alleys in question would cause no inconvenience to any person by reason of the abandonment and discontinuance of same. The full report is as~followss VIE'~nIF'R' S REPORT OF VIEWERS REPORT Re: Town of Pulaski, Virginia Vacation and abandonment of certain streets, avenues and alleys lying within the Town of Pulaski, Virginia, as more fully set out in a petition filed with said Town by Mil~_er A. Bushong, Jr. anc~ Charles Lee Bushong, and Therein described in detail. Petitioners: Miller A. Bushong, Jr. and Charles Lee Bushong. ~~,~~~ Council mina. contd. 4/18/67 We, the undersigned, viewers duly appointed by resolution of the Town of Pulaski, Virginia, adopted on the 21st day of March, 1967, convened in the Town Attorneys Office at 9:30 o+clock, ~.. M. on the 17th day of April, 1967, and at that time were given written instructions by the Attorney for said Town of Pulaski, Virginia, upon our duties as viewers, the original of the instructions being herewith attached as a part of these proceedings. Ater reading the instructions, the undersigned did personally visit the location described in the aforementioned petition and in the instructions, and agree that the closing of the streets, avenues, and alleys in question will: in their opinion cause no inconvenience to any person by reason of the abandonment and discontinuance of same. Given under our hands this 17th day of April, 1967. 1s/ W. M. Board s C. L. Plunkett l1 E. C. Gri~sb~ Mr. Nuckols stated that if the Town wishes to give Mr. Davis,an access to his prop~rty~ the Pulaski Motor Company would be glad to work out something regarding this. On motion of Councilman Ratcliff, seconded by Councilman Eggert, and carried, it was, RESOLVED, that the public hearing be adjourned until May 1, 1967 at 4:00 P. M., until the legal aspects and facts have been obtained, and the Street Committee and Council has had t9.me to study the matter further. Mr. Roy Rives advised Council of the proposed expansion planned by the Imperial Color and Chemical Dept, of Hercules, REPO??T 0?? Inc. far modernization of its Pulaski plant at an approximate EXPANSION OF IMPERIAL cost of one million dollars. He stated their plans called for COLOR OPERATIONS 22,000 square feet of floor area to be located on the company+s property on Peak Creek on what is known as the Langhorne property. Mr. Logan of Logan & McPeak, General contractors, asked Council to pass an ordinance setting up a maximum on the license CONTRACTORS fee for general contractors, pointing out that the town does ASK F0~? MAXIMiTM LIC. not have such a maximum, but that contractors are:~.i2eensed FEE FOR GET'. CONTRACTORS according to the volume of business which they do; this, he said, ORD . COM."'0 STUDY SAME Penalizes the Pulaski contractors. Councilman Frye moved that the matter be referred to the Ordinance Committee for study and report to Council. The motion was seconded by Councilman Eggert, and carried'. [~ 1 ~~ /~~~~ Council mins. contd. 4/18/67 Town Manager Norton gave a brief report on the Civil Defense meeting that morning at the National Guard Armory, the purpose of which was to up-date previous information furnished TO~JN MGR „ PFPORTS ON to business and industrial leaders about the laws of Civil CIVIL DE;F. MEETING AT Defense and to provide new methods of operations. He stated A PM~RY another meeting would be held May loth, Reporting for the Safety Committee, Chairman Frye, stated that the Jefferson Mills Rescue Squad, who is assuming part of the ambulance service for Pulaski Gounty and Town, had expressed a desire to move their headquarters from its present location and it was the feeling of the Committee that Town Manager Norton work TOTr1N MGR . - TO t,~,~RK closely with them in obtaining a building in which to operate CI,OSEI Y ti,IITH JEFF, preferably one owned by the Town, and if it was legal the town MILLS I'E~~CUE FOR N'~W assist them in the purchase of gasoline, but that no recommendation I_~OGATTON & T~'.X-FR~~', was actually made on the matter of the purchase of gasoline; no GAS~LIN:~. recommendation as to how much the Town could assist financially but to try and do the best possible for them. Howe~rer it was recommended that the Town Manager work With them in obtaining quarters, and Mr. Frye made the motion, which was seconded by Councilman Gallimore, and carried. On motion of Councilman Cummings, seconded by Councilman Aust, and carried, the following ordinance was adopted: AN ORDINANCE TO AMEND THE BUILDING CODE OF THE TOWN OF PULASKI, BY REPEALING SECTION 306.6 OF THE OF:D . RE?EAT_~ING SOUTHERN STANDARD HOUSING CODE, SEC. 3n6,g INCORPORATED IN SAID TOWN BUILDING Or SOTTHERN CODE BY PREFERENCE. STD .• B?.,DG . CODE BE IT ORDAINED BY THE COUNCIL OF THE TDt~N OF PULASKI, VIRGINIA, that: Section 306.6 of the Southern Standard Housing Code, adopted by reference by ordinance on the 21st day of February, 1967, is hereby repealed. ADOPTED this 18th dap of April, 196?. APPROVED: TOWN OF PUI.ASKI, VIRGINIA By cep M~~r Attests C erk of Council ' ~~)~_7` Council mins. contd. 4/18/67 Town Attorney Moore read an ordinance to amend and re- F1:?'E Pp~' 'EP?TION OrDINANCE TO enact Chap'ber 7, Fire Prevention, by adopting a Fire Prevention AMEND CiiAPTER 7 WAS TABLED UNTIL Code recommended by American Insurance Association, etc., and this NEXT MEETING was discussed by Council:~~OA motion of Councilman Frye, seconded by Counei].man Frye, seconded by Counci7~tn Ratcliff, and carried, it was, RESOLVED, ,that the ordinance be tabled until the next meeting of Council. On motion of Councilman Eggert seconded by Councilman Gallimore, and carried, on the following recorded vote: Raymond F. Ratcliff - aye Rudolph Farmer - aye Glen K. Aust - aye C. B. Gallimore - having left meeting S. G. Frye - aye W. S. Cummings - having left meeting H. H. Eggert - aye T. J. McCarthy - having left meeting The following resol ution was adopted: RESOLUTION ADOPTING BEAUTIFICATION PROGRAM FOR THE TOWN OF PULASKI, VIRGINIA TOWN COUNCIL AUTHOR- WHEREAS, by resolution of the Town of Pulaski, Virginia, I7ED MAKING A.PFL.I- adopted on the 3rd day of March, 1967, the Council of the Town of CATION TO DEPT. OF Pulaski Virginia, authorized the making of an application to the HUI' FOR i1??BArT bepartment of Housing and Urban Development for a grant for urban BEAiTTLTICATIOr? R• beautifieation and improvement of open space and other public land, INP~:OVEMENT and directing therein t_he Town Manager to execute and file said application, and to do such other things as required; and, CONFORM THP PROGRAM WHEREAS, the aforementioned resolution contained in its TO TITLT VI OF THE premise the desire of the Town to beauta~fy and improve open space CIVII: RIGHTS A.CT and ggreeing to conform the program to Title VI of the Civil of 196' Rights Act of 1964 in reference to prohibition against discrimination on the basis of race, creed, c~~or or national origin, and further recognizing the conditions imposed upon the Town in carrying out the program under Title VII of the Housing Act and estimating the expenditure to be X6,666.00; and, WHEREAS, the said beautification program is now completed. NOW, THEREFORE, BE IT RESOLVED BY THE COUIdCTL OF THE TOWN OF PULASKI, VIRGINIA, that:. PF~OGRA.M ADO}'TED ~'- (1) The beautification program for the said Town filed AppR.OVED 4/1.8/67.- with the Council on this 18th day of April, 1967, be, and the same is hereby approved and adopted. (~) That the Town Manager is authorized to proceed with EXPEDITE THE the application aforementioned and to do such other things as may PROGRAM be necessary to expedite the application and to put into effect said beautification program. (3) The Clerk of Council is hereby authorized to execute proper certificate certifying the adoption of this resolu+~i.t~n givit~~lme=facts concerning its adoption and affixing the seaj Council mins. contd. 4/lf3/67 thereto if such is required. ADOPTED this 18th day of April, by vote of the Council of said Town as follows: T. J. McCarthy - Absent Woodson Cummings - Absent Glen Aust~P. - aye Raymond Ratcliff - aye APPROVED this 18th day of April, H. H. Eggert - aye Samuel Frye -,aye Claude Gallimore aye Rudolph Farmer aye 1967. TOWN OF PULASKI, VIRGINIA By ~s/ C. V. Jackson Mayor Attest: s :4 Glades R. Dalton Clerk of Council On motion of Councilman Eggert, seconded by Council Frye, and carried on the following recorded vote: Raymond P. Ratcliff - aye Rudolph Farmer - aye Glen K. Aust - aye C. B. Gallimore - aye S. G. Frye - aye W. S. Cummings - absent H. H. Eggert - aye T. J. McCarthy - absent The following resolution was adopted: RESOLUTION OF APPLICANT At?THORI7ING FILING OF APPLICATION TTTL~: h; n.M'.?'AT~!S TITT,'~: WHEREAS, Title IX of the Housing and Urban Development VT F'(~:; A2n ~~;INr GR.nT1T~et of 1965 am?nd.s Title VI of the Housing Act- of 1961 and provides for the making of grants by the Department of Housing and Urban Development to states and local public bodies to assist them in the beautification and improvement of open-space and other public urban land•iahere such assistance is need for carrying ou.t a local program which is important to the comprehensively planned development of the locality; and WHEREAS, tT~e_~To~tn of Rh3a5~a:_de~ires~;to~^bea~.tif~rrandc~iove open-space and other public urban land to facilitate their increased use and enjoyment; and, PP!)HIBTT; WHEREAS, Title VI of the Civil Rights Act of 1964 and the nISCRIr7Tn1~TInn~re~ulations of the Department of Housing and Urban Development effectuating that Title prohibit discrimination on the basis of race, creed, color, or national origin in the use of all facilities and improvements provided by Federal assistance; and WHEREAS, the Town of Pulaski is cognizant of the conditions that are imposed in the undertaking and carrying out of programs assisted utxiEr Title VII of the Housing Act of 1961, as amended ~~`~~~~ T.T'-,Ben? Br'nTTTTT, P'?E5FnTT T;r,T , IS ~3.?33.00• TO'~mT COST FiT^r?I `'H TTECESSARY DOCUI~NTS A S P,E- - ~I':II'EP BY FTTJD Council rains. contd. 4/18/6? including those relating to labor standards and equal employment opportunity; and WHEREAS, it is estimated that the cost of the activities proposed to be carried out in performace of beautification and improvement of open-space and other public land exceeds the usual expenditures of the Town of Pulaski for comparable activities by X6,666.00 NOW, THEREFORE, BE IT RESOLVED BY T?3E TOWN COUNCIL OF THE TOWN OF PULASKI: 1. That an application be made to the Department of xau~i and Urban Development for a grant in an amount authorized by Title VI of the Housing Act of 1961, as amended for urban beautification and improvement of open-space and other public land, which amount is presently estimated to be X3,333.00, and that the Town of Pulaski will }provide the balance of the cost. 2. That the Town Manager is hereby authorized and directed to execute and to file such ap~ilieation with the Department of Housing and Urban Development, to provide additional information and to furnish such documel~ts as may be required by said Department, and to act as the authorized correspondent of the Town of .Pulaski. rOr~iP?,rTE BEPtJTIF. 3. That the proposed urban beautification activities P ROGRAM !!.S axe in accordance with the beautification program prepared by P,E`'IGITL~TED III? the Town of Pulaski, of importance to the comprehensively planned APPI.IC_ATION development of the locality, and that, should said grant application be approved, the Town of Pulaski will undertake, carry out, and complete said urban beautification activities designated in said application and approved by the Department of Housing and Urban Development. 4. That the United States of American and the Secretary of Housing and Urban Develo~el~t be, and they hereby are, assured of full compliance by the Town of Pulaski with regulations of the Department of Housing and Urban Develo~nettti effectuating Title VI of the Civil Rights Act of 1964. Inr;oonnection with this application, the following opinion of the Town Attorney was made a part of the application: OPINION OF COUNSEL Appil 17, 1967 Council of the Town of Pulaski Attention: Mr. Evan Norton, Town Manager Pulaski, Virginia Dear Mr. Norton: I,:TTER FROM TO'?nT At your request I have examined your application for grant ATTOR.N'.''Y n?00.'E under Title VII of the Housing Act:~~ of 1961, as amended, whereby TO ACCOMP^.DTY assistance is requested in the beautification and improvement of AP?'LICATION open space and other urban land. `~ ~~C )~ Council mins. contd. 4,~18~67 The Town of Pulaski was made a public body by Act of the General Assembly many years ago and its charter has been amended on several occasions. The last major change in its form of government was made by the General Assembly when the Town Charter of 194$ was granted establishing the limited Town Manager form of government. Several amendments to portions of the charter have. been made in recent years. Your charter tgrants you broad powers in receiving funds from any person or agency, and I find no Federal or State law which would prevent the Town of Pulaski from receiving and expending Federal, State and local funds, and nothing that would prevent the Town from contracting with the united States for the purpose of receiving an urban grant under Ti.tl~ VII of the housing act of 1961. Since I have been the attorney for the Town of Pulaski since February, 1949, I can assure you that there is no pending or threatening litigation ether in Federal or State Courts challenging your authority to beautify and improve open space and other public urban land, or to contract with the Federal Governmen3~ for the purpose of receiving an urban beautification grant under Title VII of the Housing Act of 1961, as amended. It is my opinion therefore, that the Town of Pulaski is a public boy empowered to receive and expend Federal, State and local funds, to contract with the United States of America of ithe purpose of .receiving an urban beautification grant under Title VII fsf the Housi~tg Act of 1961, as amended, and to undertake and complete the proposed urban beautification activities designated in said application when properly adopted and approved ~' the Council of the Town of Pulaski. Very truly yours, ~s~ GARrIETT S . MOORE Garnett S. Moore GSM:vkm As the referend~im on the establishment of a Housing Authority falls on May 2nd, the regular meeting date of Council, Councilman Farmer moved that Couneilts regular meeting be held May 1st, at 4:00 P. M., which motion was seconded by Councilman Gallimore and carried. Town Manager Norton Advised there was-no further report on the Application for Planning Grant -Comprehensive City Demon- stration Progran, at that time. The matter of Macgill Village property acquisition was continued on the agenda for the next meeting. npA.~xr ~3ET1~Tr ARnpr nr- Town Manager Norton advised that the~City Status °~~~1CI^T~~ Consultants, Yarger and Associates, were making a draft of the study on the information recently obt9ined and would present same to Council at a later date. ~~~ Council mins. contd. 4/18/67 TO''n? MG??.. ?'.`~,CnN~i'~'Tm,S Town Manager Norton advised that the Town Planning Commission TH': A,nnn'^TnTT nF pT,gr-_ n?TnT~ ppnpnsq? Tn~,rr' had met and recommended the adoption by Town Council of the planning SHnnF ~r C~cm Tn BE ~2,000,nC prdposal and information system prepared for the town by the Center for Urban and Regional Studies at VPI, and advised that the total cost for the preparation in 1967-68 Gould. be $10~000~ with the to~1scsh~r~~~to_be ~i~s400.}`and the: ~'~t3.s~~1 government contributing ~8~000; that over the next three fiscal years a cost of $10000 per year is projected for establishing the planning program. This would include a cost of ~3~500 to the town and X6,500 to the federal government from the Department of Housing and Urban Development. On motion of Councilman Farmer, seconded by Councilman Fryer and carried it was, RESOLVED that the recommendation of the Planning Commission as outlined by Town Manager Norton be adopted. PF'Ct1~;CT nr MT . COFVITI The request of Mr. Daniel Corvin to operate a teen-age Tn f)PT~'t?n,TF mF~1~T CF,TT't'FF t~F, TO n~.r~, CCU, center at the locata.on of the Workingman's Store on East Main Streets was referred to the Ordinance Committee on motion of Councilman Frye,wh~ch motion was seconded by Councilman Ratcliffe ??ttI:IDh Oi~1 LICFT?SE and carried. The. motion also carried a request for a legal TO OPERATE TH' CEl`?TEt? ruling by the Town Attorney concerning the requirement of a license by Mr. Cowin to operate this meter. Councilman~s Ratcliff~s report of sewage leaking in the alley between 9th and lEath streets between Jefferson and Randolph Avenues was turned over to the Town Manager for investigation. YOUTH DAY, NLgY 5th, Town Manager Norton advised of Youth Day activities on May 1967. 5th; and Mr. Norton was authorized to invite the Youth Officials to the Meeting of Council on May lst~ and make arrangements for a meeting places to be advertised later.- Councilman Gallimere moved and Councilman Ratcliff seconded and the motion carried that the Town treat the Youth Officials to Lunch at the Armory on Youth Day. ~1 C~ ~~_~~3~~ Council wins. contd. 4/18/67 The meeting adjourned at 6:00 P. M. APPROVED: 1 u ~i7.,,...., / Attest: Cle of Council