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HomeMy WebLinkAbout05-21-63t F E Minutes of the regular meeting of the Pulaski Town ~ Council, held on the 21st day of May, 1963, at It:00 P. M., in the Municipal office. There were present: Mayor C. V. Jackson, presiding. Councilmen: W. A. Larson, W. S. Cummings, F. L. Carrico,! Eugene L. Nuckols, Claude B. Gallimore, Glen K. Aust, T. J. McCarthy Absent: Billy B. Flint Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Midge Woodard, reporter for Southwest Times Mrs. J. F. Spencer & Miss Elizabeth Bonham Elmer Rinser & Sterling F. Kinser Mrs. H. W. Carson, Jr. Mason Vaughan - Cavalier Supply Company Warren Bogardus - Sweet-Orr Company The invocation was given by Councilman Gallimore. Minutes of the regular meeting of May 7th were approved. Elmer Kinser advised Council that only three of the five persons who opposed the application of his son, Sterling Kinser, foxy permission to place a house trailer on First Street, S. W., lived i the neighborhood, Mr. Kinser presented to Council a petition signepd by approximately twenty-four property owners in that area as not KINSER ASKED COUNCIL TO RE- opposing the placing of this house trailer on First Street, and CONSIDER SON'S APPLICATION asked Council to reconsider his son's application. Council dis- FOR HOSE TRAILER & NEW HEARING cussed this request fully and later in the meeting Councilman Aust TO BE HELD BY COUNCZL~ moved that the application for placing a house trailer on First Strmiet be reconsidered, and advertised for another public hearing to be held do u J ne ltth, Council's next regular meeting date, with Mr. Kinser to briar the cost of such advertisement. This motion was seconded by Councilman Cummings, and carried unanimously. Mrs. Spencer and Miss Bonham thanked Council for its COUNCIL THANKE$uccessful efforts in eliminating the open fire burnings at the FOR EFFORTS IN SOLVI~d(i OPEN Coleman Furniture Corporation and Pulaski Furniture Corporation AIR BD'~NINGS, ETC. AT plants. INDUSTRIAL PLANTw ~.+~~VU MRS. CARSUN ASKED COUNCIL TO ENDORSE THE WORK OF THE GOVERNOR'S COUNCIL FOR YO[JTH; MATTER TABLED FOR NEXT REG. MEETING STREET COMM.TO STUDY REQ. OF SWEET-ORR & CAVALIER SUPPLY FOR TWO WAY TRAFFIC ON FIRST ST. BET. WASHINGTON & JEFFERSON STS. STREET COMM. TO STUDY REQ. AE CHRIST CHURCH FOR PAVING OF ALLEY ELIZABETH ST. REQ. FOR SEWER SERVICE REF. TO COMM. ALONG WITH OTHER SEWER REQS. Council rains. contd. May 21, 1963, !~ P. M. Mrs. H. W. Carson, Jr., as member of the Governor's Council for Youth, appeared before Council and advised that if the work of this committee is to succeed then it must be on a local level and asked that the leadership be undertaken by the official governing body, the Town Council. Mrs. Carson explained fully the work of the Governor's Council for Youth, advising the most pertinent phase of its work being the many dropouts from school. Mrs. Carson was advised that Council would consider this request, and later in the meeting, after a brief discussion of same, the matter was tabled to be carried on the agenda for Council's next regular meeting. Council heard a request from Warren Bogardus, Manager of Sweet-Orr Company and Mason Vaughan, Manager of Cavalier Supply Company, that First Street between Jefferson and Washington Avenues, which is now one-way going west, be changed to a two-way street, inasmuch as the present one-way traffic imposes an inconvenience on both firms. Later in the meeting, on motion of Mr. Nuckols, seconded by Mr. Larson, and carried, the matter was referred to the. Street Committee for study and report. A petition from the nine member Vestry of Christ Episcopal Church that the alley from the Church to Main Street be paved, was discussed and on motion of Councilman Aust, seconded by Councilman Gallimore, and married unanimously, the matter was referred.to the Street Committee for study and report. A petition from residents of Elizabeth Street for sewer service was read to Council and on motion of Councilman Nuckols, seconded by Councilman Gallimore, end carri ed unanimously, the matter was referred to the Sewer Committee to be considered along with the priority list foa.F new sewer services. 1 1 1 Council mins. contd. c C' May 21, 1963, ~t P. M. Because of changes in the equipment in the Chesapeake & Potomac Telephone Company office, Council was asked to remove a siren switch which had some years ago been used to notify the Fire !: Department of fires. It was the feeling of Council that if this switch could be left intact it might be of benefit to Civil Defense in case of an emergency, and on motion of Mr. Nuckols, seconded by C(7UNCII~ ASKED TO REMOVE SIREN ~• Cummings, and carried, Town Manager Noland was directed to conta~et ~~ FftOM the C. ~ P. Telephone Compabp to see if it would inconvenience the C & P TEL. OFF. Telephone Company to leave this switch in their office. As Secretary of the Pulaski Town Planning Commission, Mr.i Noland gave the following recommendation of the Planning Commission:?... With reference to the petition of John T. and Gerald Bolen that a parcel of land located on Ridge Street and .running westward from Ridge Street along the north side of Baywood Street, be re-zoned from residential to business classification, the Planning Commission held a duly advertised public hearing and after consideration of the statements made by interested ~p©~ ~ parties at the hearing and following a view of the pre- PLANNING COMM. raises the Planning Commission voted in a regular meeting ON BpLEN REQ. held yesterday that it is the recommendation of the FOR ESTABLTSHING Commission that Council proceed to conduct its own public TRAILER COURT; hearing with the understanding that the Planning Commission public HEARING: has no objection to the proposed re-zoning but suggests TO BE HELD that should Council decide to re-zone the property as petitioned Council may consider any legal method which might be available to restrict the business use of this property to the operation of a mobile home court, since the petitioners agreed to such a restriction. With respect to the petition of Jackson-Cummings, Inc. that the town re-zone the corporation's property located on Burgis Avenue and running westward on the north side of East Street, Extended, from residential to either business or industrial classification, the Planning Commission held REPQRT OF. a duly advertised public hearing and after consideration of PLANNING COMM. the views expressed at that hearing and after an on-the-site ON REQ. TO RE- view of the property the Planning Commission voted in its ZONB BY JACKSON- meeting yesterday that the Commission has no objection to CUNNINGS CORP. Council's proceeding with its public hearing on the matter PUBLIC HEARING and if Council desires to change this zoning classification TO BE HELD as petitioned, the Planning Commission suggests that if it is legal to do so the use of the rezoned property be re- stricted to mobile home courts, in accordance with the expressed aims of the petitioners and that should the property be rezoned as petitioned the vehicular access to the proposed mobile home court be from East Street only. Following Councils' discussion of these recommendations, Mr. Nuckols moved that propel notice be prepared for a public hearing on the re- zoning of these parcels of land, at a time that meets the legal re- quirements of the three different ordinances now in effect and statna pertaining thereto. This motion was seconded by Councilman Larson, and carried. r` ~~ii'U Council mans. contd. May 21, 1963, !~ P. M. Upon motion of Mr. Aust, seconded by Mr. Gallimore, A special curfew hour of nine p. m. on Halloween Eve and Halloween night is hereby established for trick or treat visitations of persons twelve years of age and under. It shall be u~p.awful for any parent, guardian or other person having the legal custody of a minor to allow or permit such person to violate this section. Any person convicted of violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished at the discretion of the court trying the case by a fine of not less than One Dollar ($1.00) nor more than Ten Dollars ($10.00). Town Attorney Moore advised Council that two appraisers should be recommended to the State Highway Department to oualify as appraisers in securing right-of-way for the relocation of Ronte 611 APPRAISERS TO BE SELECTED FOR (Newborn Road). Upon motion of Mr. McCarthy, seconded by Mr. Larson, NEWBERN RD. RE- location; AS and carried, the Town Attorney was empowered to select two appraisers WELL AS NAMING OF NEGOTIATOR and submit their names to the State Highway Department for apprgval. FOR RAW The Town Attorney was authorized to investigate the naming of a and carried unanimously, the following ordinance was adopted: AN ORDINANCE TO AMEND CHAPTER 1!t ©F THE CODE OF THE TOWN OF PULASKI, VIRQNIA, BY ADDING SECTION 10 PROVIDING THAT PERSONS OVER TWELVE YEARS OF A(~ SHALL NOT APPEAR UPON THE STREETS, HI(~iWAYS, ALLEYS, PUBLIC PARKS OR OTHER PUBLIG PLACES IN THE TOWN OF PULASKI, VIRGINIA, WEARING MASKS AT CERTAIN TIMES AND UPON CERTAIN DATES AND FOR CERTAIN PURPOSES AND PROVIDING PENALTY FOR VIOLATION THEREOF HALLOWEEN ORDINANCE BE IT ORDAINED BY THE GOUNGIL OF THE TOWN OF PULASKI, VIRGINIA, that: CHAPTER 1!t - SECTION 10: It shall be unlawful for any person over twelve years of age to appear in or upon any of the streets, highways, alleys, public parks or other public places of the Town of Pulaski in any mask or disguise whereby the identity of such person is concealed, without permission. of the Town Manager or Chief of Police. It shall be unlawful for any person over twelve ADOPTED years of age to appear on the streets, highways, alleys, public parks or other public places of the Town of Pulaski on Halloween Eve or Halloween night for trick or treat vieitst~on. negotiator and an alternate negotiator in such right-of-way pro- ceedings~~ and bring back a recommendation to Council. 1 1 1 f X91 Council rains. contd. May 21, 1963, ~ P. M. After discussing the ordinances already in effect having to do with unnecessary noises within the town, and after a 1 COUNCIL FEEL NEWS ITEM discussion of the recent request to prohibit the use of power SUFFICIENT TO WATd~i mowers on Sunday mornings, Council was of the opinion that perhaps PROPERTY OWNERS iJHO a news item in the local newspaper would be sufficient. USE POWER MOWERS ON SUNDAYS The following petition and notice of application to the Council for. the vacation of a certain portion of Lee Street within the! Town of Pulaski as provided in Section 15-766 of the Code of Virginia,: as amended, was presented to Council TO THE MAYOR AND MEMBERS OF THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: The undersigned does respectfully petition the Council of the Town of Pulaski, Virginia, to close that certain portion of Lee Street lying within said Town PETIT7:ON be and bounded on either side by property belonging to NOTICE OF the undersigned, with the exception of 98 feet thereof APPLICATION FOR on the west side of Lee Street, which 98 feet belongs to VACATION OF Jefferson Mills Division, Kahn & Feldman, Inc., said PORTION OF Portion to be closed described as follows: LEE STREET FILED BY BEGINNING at the southern terminus of Lee VA. MAID HOS. Street at the northern boundary line of First Street, South; thence between parallel lines 50 feet apart, North 2 deg. East a distance of l~29.73 feet to a point in the boundary line of said Street at the intersection with the southern boundary line of an alley running east and west; that all necessary steps and procedure, including proper notice, appointment of Commissioners, hearing, adoption of final ordinance, be had in this matter; and that upon the completion thereof, that the Council vacate and abandon said street and release any and all claims thereto to such property owners as shall be determined by the law to be entitled to that certain portion of said street which is vacated and abandoned for public purposes. Given under its hand this the 6th day of May, 1963. VIRGINIA MAID HOSIERY MILLS, INC. By /s/ R. R. Rice President Attest: rl ~J /s/ J. V. Goodson -`~ecre awry ~i 3b92 Council minx. contd. May 21, 1963 ~ P. M. NOTICE OF APPLICATION TO THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, FOR VACATION OF A CERTAIN PORTION OF LEE STREET WITHIN THE TOWN OF POLASKI AS PROVIDED IN SECTION 15-766 OF THE CODE OF VIRGINIA, AS AMENDED. Take notice that the undersigned, named as petitioners in the certain petition, a copy of which is attached hereto, shall on the 21st day of May, 1963, or as soon thereafter as they may be heard, present to the Mayor and the Council of the Town of Pulaski, Virginia, their petition requesting that certain portion of Lee Street, lying within the Town of Pulaski, Virginia, described as follows: BEGINNING at the southern terminus of Lee Street at the northern boundary line of First Street, South; thence between paralle lines 50 feet apart; north 2 deg. East a distance of lt29.73 feet to a point in the boundary line of said street at VA. MAID HOS.MILLS the intersection with the oouthern boundary line of an alley running east and west; APPLICATION FOR and ad3acent to the property of the undersigned, and to CLOSING LEE property of Jefferson Mills, be vacated and closed, all of which is more particularly set forth in said petition STREET attached and made a part of the notice. Given under our hand and posted this the 6th day of May, 1963, being the first day of the May term of the Circuit Court of Pulaski County, Virginia, at the said Gourthouse, the Municipal Office, and at the Pulaski Fire Department located on the north side of Jefferson Avenue, all in the Town of Pulaski, Virginia. VIRGINIA MAID HOSIERY MILLS, INC. By /s/ R. R. Rice -`~resic7en~ Attest: /s/ J. V. Goodson ecre ary On motion of Mr. Aust, seconded by Mr. Carrico, and carried, the following Resolution was adopted: BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, MEETING IN REGULAR SESSION ON THIS 21st day of May, 1963, as follows: WHEREAS, the Virginia Maid Hosiery Mills, Inc „ has filed a petition and application for the vacation and RESOLUTION abandonment of a portion of Lee Street within the said APPQtLNTING Town beginning at the eastern boundary line of First VIEWERS FOR Street, South, and running 2 deg. East, x.29.73 feet; and, CLOSING OF LEE STREET WHEREAS, it appears that proper notice as required by the statute has been posted in at least three places in the Town of Pulaski, including the front door of the Courthouse, on the 6th day of May, 1963, which posting was five (5) days prior to this meeting; and, 1 1 1 i ?J693 Council mina. contd. May 21, 1963, !~ P. M. WHEREAS, said petitioner has requested that the Council appoint the necessary viewers and take other steps to properly determine this matter. NOW, THEREFORE, BE IT RESOLVED, that: (1) The application be received and filed. (2) Viewers be appointed to view the street as set out and described in said petition, as follows: G. C. Hall, I. R. Carper, Curtis C. Jordan, and O'Dell Mayberry, alternate viewer. (3) Such viewers meet and report in writing whether in their opinion any, and if any, what inconvenience would result from the discontinuance, vacation or abandonment of that portion of Lee Street as requested in the petition. (1~) Upon receiving the said report from the viewers, that the Town Manager give written notice to all land owners affected by any of the said changes along that portion of Lee Street to be altered or vacated, that the Town may discontinue such street, and further, that said Town Manager give public notice by publication of same in the Southwest Times, a local newspaper, once a week for two consecutive weekB, and that said notice describe the said parcel of land under consideration and set out therein, that the May may dis- continue or alter said street, and that at 11:30 P. M. on the 18th day of June, 1963, be fixed as a date upon which the said Council will hold a public hearing upon said matters pending before it, and that all persons interested may be heard either for or against any or all of said petition ender consideration. (5) That the said Town Manager and Attorney for said Town do any and all other things necessary for a proper determination of this matter. On motion of Mr. McCarthy, seconded by Mr. Gallimore, and carried on the following recorded vote: W. A. Larson - aye F. L. Carrico - aye W. S. Cummings - aye Billy B. Flint - absent T. J. McCarthy - aye Eugene L. Nuckols -abstaining Glen K. Aust - abstaining C. B. Gallimore - aye the follo~ri::ng ordinance was adopted: AN ORDINANCE TO VACATE THAT CERTAIN PORTION OF BELL AVENUE LYING ADJACENT TO AND ON THE NORTHERN BOUNDARY LINE OF THE NEW CHANNEL OF PEAK CREEK AND BETWEEN LOTS 11G, 15 and 16 IN THE H. E. AND C. A. RUST SUB-DIVISION, AND BEING THE ADOPTS ORDINANCE WESTERN BRANCH OF SAID BELL AVENUE AND TO FOR CLOSING PROVIDE FOR PAYMENT OF COSTS. PORTION OF BELL AVENUE WHEREAS, Virginia Block Company, Incorporated, H. E. Aust and C. A. Aust app eared by petition on the 18th day of September, 1962, before the Council of the Town of Pulaski 3b91~ Council rains. contd. May 21, 1963, 1~ P. M. Virginia, after posting due notice of the filing of said petition as required by law, in at least three places in said Town on the 5th day of September, 1962, that being the first day of the September term of the Pulaski County Circuit Court, said petition requesting the Town to vacate that certain portion of Bell Avenue, known as the western branch leading back from the new northern boundary line of Peak Creek Channel (subsequent to channel change), and more particularly hereinafter described; and, WHEREAS, upon the filing of said petition the Council did by resolution appoint E. C. Grigsby, W. M. Board, and C. L. Plunkett viewers and G. C. Hall as an alternate viewer, as required under Section 15-7bb of the Code of Birginia of 1950 as amended; and, WHEREAS, subsequent thereto all of the land owners who would be affected by the vacation of the said portion of Bell Avenue were notified of the filing of the petition and of a public hearing thereon held on the 20th day of November, 1962, in the Town Offices of ~'alaski, Virginia, said notice being delivered to the land owners and also by proper publication in the Southwest Times, a local newspaper; and, ORDINANCE WHEREAS, on the 20th day of N©vember, 1962, said CLOSING public hearing was held pursuant to the aforesaid notice and there appearing to be no persons opposed to the BELL AVENUE vacating of said strip of land as set out in the petition as hereinabove described and upon the viewers' report stating that in the opinion of the viewers no hardship or inconvenience would result from closing the described portion of street; and, WHEREAS, the Council of the Town of Pulaski, is of the opinion that no inconvenience would result to anyone by vacating said strip of land and does so find. NOW, THEREFORE, BE IT, ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA as foll ows: That certain part of Bell Avenue lying adjacent to the North bank o f the new channel change and adjacent to Lots 13, 1lt, 15 and 16 in the Aust Subdivision, and more particularly shown and marked in red on the plat hereto attached, all being within the Town of Pulaski, Virginia; be and the same is hereby vacated as a street or public way in the Town of Pulaski, Virginia, subject, however, to a reservation specifically retained for easement, water or sewer lines located upon, under or across said strip of land or for the purpose of so locating water or sewer lines or other public utility in the street at some time in the future. BE IT ORDAINED that the Town Manager of the Town of Pulaski, Virginia, shall 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 ant and all other steps necessay to properly place on the record the said ordinance. 1 1 PLAT OF PORTION OF BELL AVENUE CLOSED 1 1 1 h .. ---~'--__ 2s ~ , i ~ i7 - ~ ,,v ` ~'~,. -+-{ --_ - ___ - _ '~~'c',1G, ~ _ _ ,' --... ~ ~ ~ ,l ~ r T f?. ~' _ ` J ~ ~~~ i~ i ~ -~__.. ~ 63 , _.__ Z i ~$ ~ ~ ~ 4 ~~ ~- _ _ ' i -' -__ ,~ ~.: ;~ - ~ . ~o ~ '~ ~~ ~~++ - -- ~/ 79 %9 E x`\1/1 `' j ~~ - - ~. Z~ • 25• ~ y "~ r _ - --- •--- ~ ~ cG - ~ -~ I-~ _. ._ __._ ----- o ~ ,~ W ~ . / ~ 0 0 - ~3 ,I ~~ ~ • htl. Mop - ~ i' ~ ~ ~ gL i __~.___ a - > f ~ ~/'L ~9T `S /7ow,r~~ Pow>/ory o~,C4e~~r'7/G®. o,~,t~,~//y c~os~d it ~/ e To ~..~.~ 0 ~~~ .9s,~i ~i/i.~~/Nib ~C 4~e .' / ~ 6 0 ~ r /1/f0 r, 8, i5 F3 1 [] 1 Council mins..contd. s~J May 21, 1963, ~ P. M. i WHEREUPON, this ordinance is hereby adopted by the recorded vote of said members of Council, as follows: Woodson Cummings - aye Fred Carrico - aye Claude Gallimore - aye William Larson - aye Bill Flint - absent Glen Aust - abstaining Eugene Nuckols -abstaining T. J. McCarthy - aye UPCOMING LOAN A discussion on the amount of the upcoming loan was tablc4d TO BE DISCUSSF~D LATER o be considered later by Council. Town Manager Noland advised that at a public hearing by Council on November 19, 1959, the property of Mrs. Laura Hunter at 33 Randolph Avenue, in the Town of Pulaski, had been declared unsafe. and should be torn down. Inasanuch as this property had not been HUNTER PROPERTY demolished, Mr. Gallimore moved that Mrs. Hunter be notified to AT 33 RANDOLPH AVENUE. TO BE demolish this property within sixty days, and that if she does not DEMOLISHED WITHIN 6O DAYS comply with this notice, the town will demolish the same at the expense of Mrs. Hunter. This motion was seconded and carried. There being no further business, the meeting adjourned at 5:5o P. M. Approved: Mayor Attest: G~ ~ /' er 1