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HomeMy WebLinkAbout09-17-63~~'76 Minutes of the regular meeting of the Pulaski Town Council held on the 17th day of September, 1963, at lt:00 P. M., in the Municipal office. There were present: Mayor C. V. Jackson, presiding. Councilmen: W. A. Larson, Glen K. Aust, F. L. Carrico, W. S. Cummings, T. J. McCarthy, Billy B. Flint, C. B. Gallimore, and Eugene L. Nuckols Also present: Town Manager: T. B. Nold Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Midge Woodard, reporter J. B. Shumate,, Sr. Howard C. Gilmer, Atty. for Coleman Furn.Corp. et a1s. John B. Spiers, Attorney Charles Clayburn The invocation was given by Councilman Aust. Minutes of the regular meeting of Spetember 3rd were approved. Mayor Jackson welcomed the visitors. Chas. Clayburn, a visitor, stated that he had no business to come before the Council and was merely attending the meeting as a spectator. Mr. Howard Gilmer, representing Coleman Furniture APPLICATION & PETITION OF COLEMAN FURN. FILED FOR CL0.SING OF ALLEY BET? MADISuN AN D RAND. AYES. SAME P ROCEIRJRE TO BE FuLLOWED AS IN OTHER ALLEY CLOSINGS 8orporation, filed with the Council the original notice of appli- cation to the Council for vacation of certain portions of certain allays within the Town of Pulaski as provided for in Section 15-766 of the Code of Virginia, as amended, together with its petition to the Council, and stated that copies of the application had been posted at the Pulaski County Courthouse; in the Town Office and at the Fire Department, as rec:uired by law, and asked that same be made a part of the minutes of this meeting. Mr. Gi1mEr asked on behalf of his client, that Council consider the alteration of Alley No. (3) as described in said application, rather than the closing of the entire alley, Mr. Gilmer also asked that in view of the importance of this matter that Council appoint five viewers rather than the rea.uired three, and further asked that they be allowed to meet with the viewers so appointed and give them the benefit of their plans and information concerning this particular alley. The request relative to the Coleman Furniture and its attorney being allowed to meet with the viewers was dis- cussed, and it was the feeling of Town Attorney Moore and Mr. LL 37p3 Council mins. contd. Sept. 17, 1963, I~ P. M. Spiers that no formal hearing could be held before the viewers, but there appeared to be no objection to the request for the appointment of five viewers. It was the feeling of members of th e Council that Council should follow the same procedure as in the past for closing alleys; that no objection would be, made to five viewers being appointed and it would be left entirely with the viewers whether they wished to contact any adjacent property owners or persons involved, before making their report to Council. On motion of Councilman Nuckols, seconded by Councilman Flint, and carried, it was, RESOLVED, that the same procedure be followed as has been used in the past for the closing of alleys. Mr. Aust ' abstained from takning any part in the discussion or voting because of his rel ationship With Mr. Harry Aust, one of the interested parties. Said petition and notice of application are as follows: TO THE MAYOR AND MEMBERS OF THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA The undersigned does respectfully petition the Town of Pulaski, Virginia, to close those certain portions PETITION OF of certain alleys lying within said Town of Pulaski, and bounded on either side by property belonging to the under- COLEMA.N FURN. signed corporation. Said portions petitioned to be vacated and closed are described as follows: CORPO~'.ATI ON (1) All of that portion of a certain alley running RE: CLOSING East and kiest in said Town lying adjacent to and just North of Lots Numbers l~8, 50 and 52, in Block 33, OF ALLEY according to the Official Map of the Town of Pulaski, Virginia. (2) All of that portion of a certain alley running North and South in said Town lying adjacent to and just West of Lots Numbers 11, 13, 15, 17, 19, 21 and 23, in Block 33, according to the Official Map of the Town of Pulaski, Virginia. (3) All of that portion of a certain alley in said Town of Pulaski, running East and West in said Town, lying adjacent to and just South of Lots Numbers 5 and 7, in Block 31~, according to the Official Map of the Town of Pulaski, Virginia, commencing 275 feet from the inter- section of said alley with Washington Avenue, and thence West to the Fast line of that property of Joe L. Harris upon which is located an automobile garage building now occupied by the Luttrell Chevrolet Corporation. 376l~ COLEMAN FURN.CO. APPLICATION FOR CLOSING OF ALLEY Council rains, contd. 9/17/63 l~:oo P. M. Petitioner prays that all necessary steps and procedures, including proper notice, appointment of viewers or Commiss- ioners, hearings, adoption of final ordinance, etc., be had in this matter; and that upon the completion thereof, the Council vacate and abandon said portions of said alleys and release any and all claims thereto such property owner or owners as shall be determined by law to be entitled to those portions of said alleys which are to be vacated and abandoned for public purposes. Given under its hand this the 17th day of September, 1963 . COLEMAN FURNITURE CORPORATION By J. B. Shumate, President Attest: R. G. Gunn, Secretary NOTICE OF APPLICATION OF THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA FOR VACATION OF CERTAIN PORTIONS OF CERTAIN ALLEYS WITHIN THE TOWN OF PULASKI AS PROVIDED FOR IN SECTION 15-766 OF THE CODE OF VIRGINIA, AS AMENDED Take notice that the undersigned, named as Petitioner in a certain Petition, a copy of which is attached hereto, shall, on the 17th day of September, 1963, or as soon as it may be heard, present to the Mayor and the Council of the Town of Pulaski, Virginia, its petition requesting that certain portions of certain alleys lying within the Town of Pulaski, Virginia, be vacated in accordance with Section 15-766 of the Code of Virginia, as amended The portions of said alleys requested to be closed are described as follows (1) All of that portion of a certain alley running East and West in said Town lying adjacent to and just North of Lots Numbers 48, 50 and 52, in Block 33, according to the Official Map of the Town Of Pulaski, Virginia. (2) A11 of th at portion of a certain alley running North and South in said Town lying adjacent to and West of Lots Numbers 11, 13, 15, 17, 19, 21 and 23, in Block 33, according to the Official Map of the Town of Pulaski, Virginia. (3) All of that portion of a certain alley in said Town of Pulaski, running East and West in said Town, lying adjacent to and just South of Lots Numbers 5 and 7 in Block 34, according to the Official Map of the Town of Pulaski, Virginia, commmencing 27g feet from the intersection of said alley with Washington Avenue, and thencetRtest to the Fast line of that property of Joe L. Harris upon which is located an automobile garage building now occupied by the Luttrell Chevrolet Corporation. 1 i Council rains. contd. '765 9/17/63 !~ P. M. All of said portions of said alleys requested to be vacated and closed lie adjacent to the properties of the Petitioners and to no one else, and all of which is more particularly set forth in said Petition attached hereto and made a part of this Notice. Given under its hand and posted this ltth day of September, 1963, being the first day of the September term of the Circuit Court of Pulaski County, Virginia, at the said Courthouse, Municipal Office, and Pulaski Fire Department located on the north side of Jefferson Avenue. COLEMAN FURNITURE CORPORATION By (s) J. B. SHUMATE, President Attest: (s) R. D. Gunn, Secretary On motion of Councilman Flint, seconded by Councilman Larson, and carried, the following resolution was adopted, in which five viewers and an alternate were named and the date set for the hearing before Council: BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, meeting in regular session on this 17th day of September, 1963, as follows: WHEREAS, a petition and application for the vacation and abandonment of portions of certain alleys lying within the Town of Pulaski, has been filed by Coleman Furniture Corporation, as follows: RESOLUTION ADOPTED (1) All of that portion of a certain alley running APP OINTING East and West in said Town lying adjacent to and just North of Lots Numbers l~8, 50 and 52, in Block VIEWERS RE: 33, according to the Official Map of the Town of CLOSING OF ALLEY Pulaski, Virginia. NEXT TO COIF,MAN FURN. CORP. (2) All of that portion of a certain alley running North and South in said Town lying adjacent to and just West of Lots Numbers 11, 13, 15, 17, 19, 21, and 23, in Block 33, according to the Official Map of the Town of Pulaski, Virginia. (3) All of that portion of a certain alley in said Town of Pulaski, running East and West in said Town, lying adjacent to and just South of Lots Numbers 5 and 7 in Block 3l,, according to the Official Map of the Town of Pulaski, Virginia, commencing 275 feet from the intersection of said alley with Washington Avenue, and thence West to the East line of that property of Joe L. Harris upon which is located an automobile garage building now occupied by the Luttrell Chevrolet Corporation. all. of which would more fully appear in the petition filed in this matter; and, c~ / 66 Council rains. contd. 9/1?/b3 ~t P. M. WHEREAS, it appears that proper notice as re- quired by statute has been posted in at least three places in the Town, including the front door of the Courthouse, on the lath day of September, 1963, the first day of the Sept. Term of the Circuit Court of Pulaski County, Virginia, and at least five (5) days have expired since the said posting; and, WHEREAS, said petitioner has requested that the Council appoint viewers and take other necessary steps to determine this matter. NOW, THEREFORE, SE IT RESOLVED, that: (1) The application be received and filed. (2) Viewers be appointed to view the streets, alleys or easements as set out and described in said petition, as follows: Viewers: C. L. Plunkett, Dr. W. W. Walton, RESOLUTION Graham Fizer, Archa Vaughan, Jr., and E. C. Grigsby. Alternate viewers: T. M. Combiths, Jr. CONTINUED (3) Such viewers meet and report to the Council of the Town of Pulaski, Virginia, in writing whether in their opinion any, and if any, what, inconvenience would result to any person, persons, or corporations from the discontinuance, vacation or abandomnent of any of the alleys as reauested in said petition. (~) That the Town Manager give written notice to all land owners adjacent to the alley to be closed and/or affected by any of the proposed changes in the alle„ys reauested to be altered or vacated, and that the Town may discontinue such alleys or portions thereof; and, further, that the Town Manager give public notice by publication of the same in the Southwest Times, a local newspaper, at least once a week fvr two consecutive weeks, and that said notice describe briefly said portions of the alleys under consideration and set out therein that the Town may discontinue or alter said alleys, and that the 8th day of October, 1963, be fixed as a date upon which the said Council will hold a public hearing upon said matter pending before it, and that all persons interested may be heard either for or against any or all of said petition under consideration. (5) That the said Town Manager and Attorney fnr said Town do any and all other things necessary for a proper determination of this matter. ADOPTED this 17th day of September, 1963. Councilman Gallimore reported that the Committee on the Governor's Youth Council had recently met with Mrs. Ellen GOV"RS. YOUTH PROGRAM Kate Carson, and it appeared that the program is moving along MOVING ALONG SMOOTHLY smoothly and he hoped to have a defi nite report for Council within the near future. ~ 6~7 ~_~ Council mins. contd. 9/17/63 !~ P. M. Councilman Larson reported that the audit of the AUDIT lI~,COMD. town accounts had .recently been submitted, in which audit TO BE CONSIDE RED BY T(7WN MGR. certain recommendations had been made to clarify and cut down on the work of the administration, all of which would be considered by Town Manager Noland. Mayor Jackson advised that since Monday's informal meeting with the Pulaski County Board of Supervisors at which time they agreed to put up the sum of $10,000.00 to be re- i imbursed to the County, for establishing sewer and water services ~i PUL. CU. to the Loving Field Industrial Park, that the Board was now WILLING TO INVEST :20,000 willing to put up the sum of $20,000.00, without interest, said TWDS. DEVELOPIyENT amount to be reimbursed to the County at such time as additional OF LOVING FIELD IND. PAF~K; land is sold to a second industry at the Industrial Park. There TOWN TO MAKE ROUGH followed a discussion relative to the cost estimate made by ESTIMATfa OF COSTS Wiley & Wilson to extend water and sewer lines to the site as well as the feeling of some members of the Council that perhaps it could be done for less money by town forces. Councilman Larson moved that Town Manager Noland be authorized along with H. C. Jackson and Lloyd Mathews to look the situation over more closely and to make a survey of the situation to determine if these lines could be extended to the Park site for less money than estimated by Wiley & Wilson, and report to Council. This motion was seconded by Councilman Gallimore, and carried. Councilman Cummings moved that Council go into EXECUTIVE executive session for a discussion of certain matters. This SESSION motion was seconded by Councilman McCarthy and carried. There being no further business, the meeting ad3ourned at 6:00 P. M. Approved: ~. Mayor '- Attest: er