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HomeMy WebLinkAbout06-20-63'71~ Minutes of a public hearing held by the Pulaski Town Council, at 1~:00 P. M. on June 20, 1963, in the municipal office, said public hearing having been recessed on the 18th day of June, 1963, to reconvene on June 20, 1963. There were present: Mayor C. V. Jackson, presiding. Councilman:W. S. Cummings, C. B. Gallimore, W. A. Larson, Billy B. Flint, T. J. McCarthy, Eugene L• Nuckols, Glen K. Aust and F. L. Carrico Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Midge TnToodard, reporter for Southwest Times A. M. Harman, Jr., Attorney for Virginia Maid Hosiery Mills, Inc. T. ~. Dalton, Attorney for Mrs. D. T. Dollep and James Sturgill J. H. Rice, Clark Owen, J. V. Goodson, J. C. Crumbley, Jr. Earl Hill Roscoe Cox Mrs. D. T. Dooley James Sturgill Morris Burton Clton I. Crowell The invocation was given by Councilman Flint. Mayor Jackson advised that the public hearing on the application and petition of the Virginia Maid Hosiery Mills to close Lee Street extending between Commerce Street and First Street, S. W., held on June 18, 1963, was recessed on that date to reconvene on the 2dth. He further stated a tape recording of the RECONVENING OF PUBLIC HEARING proceedings of June 18th was made and all interested parties could ON VA. MAID H06. PETITION TO CLOSE have access to the same. Mayor Jackson stated Council was ready ~,EE STRE ~T to hear any evidence either side wished to present. In order to bring Mr. Harman up to date on what had taken place on the 18th Mr. Moore advised that the record shows that the petition of the Virginia Maid Hosiery Mills, Incorporated, filed by Mr. R. R. Rice, as president and attested and signed by J. V. Goodson, as TOWN ATTY. secretary, indicates that notice was posted on the 6th day of May, SUMMARIZES PROCEDURE 1963, that being the first day of the May Term of the Circuit RE: VA. MAID HOS. PETITION Court of Pulaski County, Virginia, and that on the 21st day of TO CLOSE LE F, STREET May, 1963, their petition which was dated the 6th day of May, 1963, was presented to the Town Council and that on the 21st day of May, 1963, a formal resolution was adopted by the Town Council e ~~~ Council mins. contd. June 20, 1963 ~ P. M. in Which resolution Council appointed G. C, gall, I. R. Carper, Curtis C. Jordan as viewers, and o'Del.l Mayberry alternate viewer, ', and set the 18th day of June, 1963, at 11:30 P. M. as the date and time to hold a public hearing on the matter. That on the 12th day of June, 1963, G. C. Hall, O'Dell Mayberry and I. R. Carper, viewers, met and were given written instructions; they proceeded togo on the premises and did view the same, and on the 12th day of June, 1963, made their formal report to the Town Council. All of such document9 having been made a part of the record. Mr. Moore further advised that a statement was made by TAPE RECORDING J. H. Rice supporting the petition and application of Virginia ` OR PRIOR PUBLIC ]HEAR- Maid Hosiery Mills for the closing of Lee Street, which is of ING ON PET. TO CLOSE record on said tape recording, and other visitors present were PORTION OF LEE STREET given an opportunity to state whether they opposed or favored the closing of Lee Street, and then, because the Attorneys could not be present at that hearing, Council recessed the hearing to convene; at l~:00 P. M. on June 20, 1963. At this point Mr. Alton I. Crowell advised that he was presetlt only as an interested person, and that Mr. Dalton was representing CROWELL PRES- ENT AS INT. those opposing the closing of I,ee Street. PARTY -NOT AS ATTORNEY T. S. Dalton, representing Mrs. D. T. Dooley, filed a petition with Town Council, which petition is made a part of the record, as follows: TO THE HONORABLE C. V. JACKSON, MAYOR OF THE TOWN OF PULASKI, VIRGINIA AND TO THE HONORABLE MEMBERS OF THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA PETITION Your petitioner, Mrs. D. T. Dooley, would respectfully represent: PET11'i ON OF MRS. 1. That she is the owner of valuable real property, facing North on Commerce Street and facing West on Lee Street, in the DOOLEY IN Town of Pulaski, Pulaski County, Virginia. OPP0."ITI ON TO CLOSING 2. That it is the petitioner's understanding that efforts PORTION OF are being made to induce the officials of the Town of Pulaski, LEE SrRE ET Virginia, to vacate and close Lee Street between Commerce Street and First Street, Southwest, and that it is being contended that the Council would be justified in closing the street and conveying the same to Virginia Maid Hosiery Mi'11s, Incorporated, Pulaski, Virginia, because it would promote the industrial welfare of the community and cause no inconvenience to the adjacent property owner or any person in interest or to the general. public. '~~`~ Council mites. contd. June 20, 1963 1~P. M. 3. Your petitioner does here state that many valid reasons exist why it would be a violation of law and an unconstitutional act for the Council of the Town of Pulaski, Virgi nia, to clos e the street aforesaid and convey the same to a private concern. Before enumerating these specific objections to closing Lee Street, which petitioner desires to make in opposition to closing the street, it is felt it is appropriate to state that Commerce Street, in view of the new Shopping Center, will virtually become the most important street in the Town of Pulaski and a street which will be used more by the general public. Lee Street connects about midway with Commerce Street and extends Southwest to First Gtreet. Congestion will result on Commerce Street from closing Lee street and will greatly inconvenience the public in that neighborhood. I~. The contention of closing Lee Street and conveying it to a private concern because it would promote the general. economic welfare of the Town of Pulaski is based more upon fiction than fact. The general public has no assurance that such will result in industrial expansion sufficient to benefit more than a dozen people; whereas, the street in which the public has a vested legal interest, the public would suffer DOOLEY an inconvenience out of all proportion to the alleged industrial benefits to the general public. In other words, there is no guarantee that the public will ever benefit by closing the street, and nothing to indicate that this public property is PETITION needed for any public use nor necessary for any public purposes, 5. Unl ess it is clearly established that the general. public will benefit, it is unconstitutional to take this public property for the use of a private concern. 6. Your petitioner alleges that closing Lee fitreet and donating it to the Virginia Maid Hosiery Mills, Incorporated, is not for a public use and is not for such a use as is necessary for any public purpose. 7. Your petitioner is an adjacent property owner and has the constitutional right to use this street which has been dedicated to the public; and your petitioner contends that if t the street is closed your petitioner will suffer in that her use and enjoyment of her own property will be diminished, and the access of the general public to her property will be res- tricted. This will cause a specific detriment to your petitioner and reduce the value of petitioner's property, while a private concern, without cost, is granted the public street without any compensation to your petitioner for the loss of her right and the damage to her property, and the general inconvenience the closing of the street will cause your petitioner in the use of her property. ~~~iEREFORE, your petitioner prays that Lee Street not be closed and doth except to any ordinance of vacation closing said street. Respectfully Mrs. D. T. Dooley, Petitioner By Counsel T. S. ~ALTON Counsel for Petitioner ',~~ l~ 1 R `15 Council rains. contd. June 20, 1963, 1a P. M. Mr. A. M. Harman advised that it was the contention of the petitioners that due process of law had been followed in the filing of the petition and application; of the notice of a public _- hearing; and it was their understanding that the report of the viewers indicated that no one would suffer from the closing of Lee Street; ghat it was felt that the petitioners have carried the burden of closing!, POSITION OF the street, and he could see no good purpose to be accomplished by VA. MAID H06. STATED AE: any further statements, unless Council. would like to have more NEED OF ADDL. SPACE TO specific information about the plans contemplated by the Virginia OPERATE Maid Hosiery Mills and that Mr. Rice could give Council that information. It was simply that the Virginia Maid Hosiery Mills was operating under a handicap, by a lack of space; space for manufacturing and warehouse storage space; that Virginia Maid Hosiexi,~r Mills needed to expand their operations; that the record would indigate that no inconvenience would be involved except by Kahn & Feldman, Iric. and they have indicated they have no cbjection to the closing of Lee Street. At this time there followed a discussion relative to a twelve-foot alley running east and west from Jefferson Avenue to VA. MAID TO Lee Street, one hundred feet south of Commerce Street, and Mr. Rice' FURNISH 20 FT« to advised that they would furnish the town with the additional twenty-~ MAKE 37 FT. ALLEY five feet to make a thirty-seven ft. alley; that the Virginia Maid Hosiery had verbally agreed to give the town what land was needed fc~r the alley. At this time Mr. Rice displayed plans for the expansion?of the Virginia Maid Hosiery Mi11s Plant to members of Council and visitors present, and went into detail relative to the amount of money planndd to be spent by the company and sums already spent, together with an estimate of additional personnel. needed. ADJACENT Mr. Dalton introduced his client, Mrs. Dooley, who PROPERTY OWNER, wtated she objected to the closing of Lee Street because it would MRS. DOOLEY VOICED HER decrease the value of her property on the corner of Commerce and Lei OBJECTION TO CLOSING LEE Streets; that she paid more for the property because it was a cornet' STRE FT lot than she would have paid for property along Commerce Street. Mr. Sturgil very vigorously opposed the closing of Lee Street, as did Mr. Morris Burton, the present leasee of Mr. Dooley's corner lot property. 4 ~~~iJ Council rains. contd. June 20, 1963, Zi P. M. Mr. Moore asked that, for the record, Kahn & Feldman, KAHN & FELDMAN Inc. submit a letter indicating their willingness to the proposal TO FURNISH LETTER APPROVING of closing Lee Street. THE CLOSING OF LEE STREET There was filed for the record a letter from the Pulaski County Chamber of Commerce, to the Town Council, in which it was stated the Chamber wished to go on record as being whole- heartedly in favor of Council's approval of the petition as CHAMBER OF COM'FffiRCE LETTER submitted by the Virginia Maid Hosiery Mills to close and abandon ENDORSING THE COUNCIL'S that portion of Lee Street for the purpose of erecting ati APPROVAL TO CLOSE LEE ST. additional building to permit this corporation to continue its expansion program. Mr. Dalton objected to the filing of said letter from the Chamber of Commerce. PUBLIC HEARING The public hearing was declared ended at 5:30 P. N. ENDED There followed a discussion by Council of the request of the Virginia Maid Hosiery Mills, and at 5:35 P. M. the members of Council went on the premises to view the situation of the alley in particular. At 6:00 P. M. Council returned to the COUNCIL council chambers and after a lengthy discussion, Councilman VIEWED THE SITUATICNNuckols moved that Lee Street be, closed from First Street, AND MOST PARTICULARLY South, to a point 38 feet south of the 12 ft. right of way line THE ALLEY (EAST WEST) of the alley running between Lee Street and Jefferson Avenue, subject to the petitioners providing 3g additional feet to add to the 12 ft. existing alley and petitioners completing this 50 ft. area into a street according to town's specifications CCUNCIL WOULD and subject to the approval of the Town Manager and subject to C(~VSIDER PET. UPON BEING the further condition that if any water or sewer lines have to be GRANTED LAND TO MA#(E 50 FT. changed that the petitioners bear the expense thereof. and that ALLEY(east- west) said utiiil,ies be removed according to the town's regulations, and, if necessary, esaements be reserved in the present Lee Street for utilities that will have to go therein; and that the construction of the 50 ft. street may be done by the town at the expense of the petitioners; and upon the final adoption of an ordinance abandoning and vacating that portion of Lee Street des- cribed above. The motion was seconded by Councilman Cummings and carried on the f ollowing recorded vote: 1 "71'7 Council mins. contd. June 20, 1963, ~ P. M. W. A. Larson - aye F. L. Carrico W. S. Cummings -aye Billy B.Flint T. J. McCarthy -aye Eugene L. Nuckols Glen K. Aust - abstained C. B. Gallimore _ aye - absent (having left) - aye - aye Councilman Aust felt that by reason of owning stock in i the Virginia. Maid Hosiery Mi11s, that he would take no part in the discussion, nor would he cast a vote on the motion. The meeting adjourned at 6:20 P. M. APP ROVED ', a,yor Attest: 4. ~ % ~,. ~C ~-~G l..f : C~~Z'1ti~ erk i 1