HomeMy WebLinkAbout12-03-63~~~~0
Minutes of the regular meeting of the Pulaski Town
Council, held on the 3rd day of December, 1963, at 1:00 P. M.
in the Municipal office.
There were present: Mayor C. V. Jackson, presiding.
Councilman: ~~rl. S. Cummings, T. J. McCarthy, W. A.
Larson, Billy B. Flint, Glen K. Aust,
F. L. Carrico, Eugene L. Nn~kols,
C. B, Gallimore
Also present: Town Manager: T. B. Noland
Clerk: Gladys R. Dalton
Town Attorney: Garnett S. Moore
Visitors: Midge ~rlooc~ard, Southwest Times
Arthur E. Koch, III
D. Obel Ratcli_ff
The invocation was given by Town Manager Noland.
Minutes of the regular meeting of November 19th
were app roved.
Town Manager Noland. advised the petition of Regina Bowles
Fisher, Nell Bowles h:eredith and Charles Bowles, Jr., by their
Attorney Arthur F. Koch, had been received, petitioning the Council
to close and vacate that portion of the 20 foot alley lying
between the lands of the petitioners, designated as Lots 10 and
1? and portion of Lots 8, 1l,, 4, 5, 7, 9 and 11 in Block 56,
as shown on the map of the Town of Pulaski; and that Notice of Application
to the Town Council was filed with the Circuit Court of Pulaski
County, on the ll.th da,y of November, 1963, being the first day of
PETITION FOR the November Term of Circuit Court, and posted at the Courthouse
CLOSING ALLEY
FR.MONROE TO and other places required by law. Councilman Larson moved that
BROOK AVF.
ACCEPTED & the petition be accepted and viewers be appointed, which motion was
VIFtidERS APPOINT-
ED seconded by Councilman Aust, and carried; Councilman Nuckols abstaining.
Motion was made, seconded and carried that Council request said viewers
to view the entire alley, Council being of the opinion that the
entire all ey should be closed.
On moticn of Councilman Aust, seconded by Councilman
NOTICE OF parson, and carried, Councilman Nuckols abstaining, the following
APPLICATION
AND PETITION resolution was adopted:
AND APPOINTMENT
OF VIEWERS
FOLLCAnIS Resolution fo17_ows on next page, #3801
i
3800-Ai
Council mins. contd. 12/3/63 1:00 P. M.
NOTICE OF APPLICATION TO THE COUNCIL OF THE'
TCR~iN OF PULASKI, VIRGIMA, FOR THE VACATION
OF AN ALLEY LYING ?WITHIN THE TCTr7N AS PROVIDED
IN SECTION 15-766 OF THE CODE OF VIRGINIA, AS
AMENDED
Take notice that the undersigned, named a.s petitioners
in the petition her eto attached, will, on the 3rd day of December,
1963, or as soon thereafter as they may be heard, present to the
Mayor and Council of said Town their petition requesting that a
portion of a 20-foot alley adjoining property of the undersigned
and more particularly described in the aforesaid petition be
closed and vacated.
Posted this 11th day of November, 1963, being the
NOTICE OF first day of the November term of the Circuit Court of Pulaski
APPLICATIONd County, Virginia, at the said Courthouse, Municipal Office, and
TO COUNCIL at the Pulaski Fire Department on Jefferson Avenue, all in the
Town of Pulaski, Va.
REGINA BO?^TLES FISHER
NELL BOUTLES MEREDITH
CHARI.'~'S F, BOLES, JR.
TO THE MAYOR AND COUNCIL OF TOUlN OF PULASKI, VIRGINIA:
The undersigned, Regina Bowles Fisher, Nell Bowles Meredith
and Charles E. Bowles, Jr.,hhreby respectfully petition the Council
of the Town of Pulaski, Virginia, to close and vacate that certain
portion of the 28 foot alley lying betty*een the lands of the under-
signed designated as Lots 10 and 12 and portions of. Lots 8, 11a,
3, 5, 7, 9, and 11 in Block #56 as shown on the map of the Town of
Pulaski, Virginia.
The aforesaid alley runs from Monroe Avenue to Brook
Avenue, but has never been opened or used as an alley to the knowlege';of the
BOt~JLES HT;IRS' undersigned.
PETITION TO A plst prepared by R. Lloyd Mathews, Registered Surveyor,
showing the alley and the portion reouested to be closed and vacated
CLOSE ALLEY is attached.
FR, MONRCE TO The undersigned respectfully reeuest that the Council take i
whatever steps may be necessary to legally close and vacate said alle~r.
BROOK A Ur.
November 11, 1963
REGINA BOWLES FISI~'R
NELI: BOTfJLFS MEREDITH
CHARIFS E. BCF,n1LE~S, JR.
B,y Counsel
(s) Arthur E. Koch, III
Counsel for Petitioners
3f;~~-~3
[1
Resolution follows on page 301
1
Council mins. contd.
12/3/63 )i P. M.
'~ IT RESOLVED BY THE COUNCIL OF THE TOWN OF PUTASKI,
VIRGINIA, meeting in regular session on the 3rd day of
December, 1963, as follows:
WHEREAS, a petition and application for vacation and
abandonment of a certain alley or a portion thereof, has
been filed with the Town of Pulaski, Virginia, by Regina
Bowles Fisher, Nell Bowles Meredith and Charles E. Bowles,
Jr., for vacating and abandon ing that portion of an alley
adjacent to Tots 10 and 12, and portions of Lots ~, 1l~, 3,
5,7,9 and 11 in Block 56, as shown on man of the Town of
Pulaski, said alley running from Monroe Avenue to Brook
Avenue, all as more fully shown in said petition and on
plat attached thereto; and,
1~THEREAS, it appears that proper notice as reauired by
statute has been posted in at least three places in the
Town, including the front door of the Courthouse, on the 11th
day of November, 1963, and at least five (5) days have expired
since the said posting, and that the Council has proceeded
in its own behalf as reauired by law; and,
WHEREAS, the Council of said Town, upon viewing the
RESOLU'1'IOIti petition filed herein, is of the opinion that there, is a
AND APPOIT- possibility that the entire alley running from Monroe Avenue
MENT OF VII:L1lERS to Brook Avenue should be abandoned and vacated, and upon its
RE: BOWLFS, own motion as provided in Section 15-766 of the Code of Virginia
P~:'1'1r1Uiv r'OR of 1950, as amended, does hereby direct the viewers herein-
CLuSINU AIS;EY after appointed to view the entire alley in addition to that
portion set out in the petition of Regina Bowles Fisher, et als,
and that all other necessary steps be, followed to bring this
properly before the Council for its fina7_ consideration; and,
ir~;REAS, said petitioners have reauested the Council to
appoint the necessary viewers and take other steps t.o properly
determine this matter, and the Council desires the same to be
done on its own behalf:
NdTrl, THEREFORE, BE IT RESOLVED, that:
(7.) The application be received and filed.
(2) Viewers be appointed to view the street, as follows:
C. L. Plunkett, T. M. Combiths, Jr., Archa Vaughan, Jr.,
Alternate: E. C. Grigsby.
(3) Such viewers shall meet and report in writing whether in
their opinion any, and if any, what, inconvenience would result
from the vacation and abandonment of the portion of the alley as
requested in the said petition, and upon the vacating of the
entire alley.
(!~) That the Town Manager give written notice to all land
owners affected by any of the changes along the alley, or portion
thereof to be altered or vacated, and, further, that. said Town
Manager give public notice by publication of same in the TrTouth-
west Times, a local newspaper, once a week for two consecutive
weeks, and that said notice describe the said alley or portions
thereof under consideration and set out therein that the Town may
discontinue said alley or portions thereof, and that the 17th
day of December, 1.963, be fixed as a date upon which the said
Council will hold. a public hearing upon said matters Wending before
it, and that all persons interested may be heard either for or
against any or all of said petition under consideration.
~~61
(5) That the said Town Manager and Attorney for said Token
do any and all other things necessary for the proper determination
of this matter .
:~,5~ )2
Council mins. contd.
12/3/63 - 1_~ : P . rT
Mr. Ratcliff advised that he was handling the sale
of the property for the Bowles heirs, which is under option to Dr. L.
D.OBEL RATCLIFF
' HANDLING SALE Perry Hyde, and that Dr. Hyde proposes to construct a Nursing Home
OF BUWLES
PROPERTY TO on this property, the detailed plans of which have been approved
DR. HYDE
FUR NURSING by the Health Department at Richmond, and if the closing of the
HOME
alley could be granted by Council, it appeared that construction
would start no later than March of 1961,.
Town Attorney Moore presented to Council a petition
of Kahn & Feldman, Inc „ and Virginia Maid Hosiery Mills, Incorporated,
together with Notice of Application to said Council, to close that
certain strip of land 15.5 feet in width and approximately 263.1i~? feet
in length lying and being in the Town of Pulaski, beginning at a
point on the northern boundary line of First Street, South, at a
point opposite the terminus of P~aple Street, and being a portion of
PETITION AivD
NOTICE OF Maple Street located North of Maple Street, a portion or all of
APt'LICATION, which was closed by the Council of the Totim of Pulaski, by order of
RE:CLOSING
PORTION OF March 8, 1937, and to take the necessary action to adopt an ordinance
MAPLE ST.
FILED FOR completing the action of said Council of March, 1937.
KAniv & FELDMAN
& VA. MAID HOS. After a discussion of this petition, it was the opinion
COMPLETING ACTION
OF COUNCIL OF of the Council that the petition be accepted and filed and that the
MARCH 1937
same viewers appointed in the foregoing Resolution having to do with
the Bowles petition, be appointed to view and report to the Council
on the closing of t~.t certain strip of land 15.5 feet in width and
approximately 263.1~P. feet in length, and described more fully in said
petition. en motion made, seconded and carried unanimously, the
following Resolution was adopted:
Notre of Application to Council and Petition follow,
then Resolution adopted by Council:
NOTICE OF NOTICE OF APPLICATION TO THE COUNCIL OF THE T~nIN
OF PULASKI, VIRGINIA, FOR THE VACATION AND ABANDONMENT
OF THP.T CERTAIN STREET OR PORTION THEREOF LYING WITHIN
APPLICATION THE TOWN OF PUL.4SKI, VIRGINIA, AND A PART OF MAPLE
STREET, LYING NORTH OF FIRST STREET, SOUTH.
FULLCt~?S: Take notice that the undersigned, named as petitioners
in that certain petition, a copy of which is attached here-
to, shall, on the 19th day of November, 1963, or as soon
thereafter as they may be heard, present to the Mayor and
Council of the said Town their petition requesting that
that certain strip or parcel of land 15.5 feet in width and
being a part of what was formerly designated Maple Street,
lying North of First Street, South, upon the Official Map
of the Town of Pulaski, Virginia, being approximately 263.IiS
1
LJ
1
Council mins. contd.
12/3/63, 1_i:00 P. M.
~ ~'~
t~
feet in length, and beginning at a point on the North
side of First Street, South, where said Maple Street
intersectsed the northern boundary line of First
Street, Souty, and lying between and adjacent to the
properties of the undersigned, b~+ cavated and closed;
or in the event the Council should determine that this
strip of land has formerly been closed, then the under-
signed requests that the Council. take such action as they
are advised is necessary to make the closing of said
strip of lane? of record a_n the C7 erk's Office of the
Circuit Court of Pulaski County, Virginia, all of which
is more particularly set forth in said petition attached
and made a part of this notice.
Given under our hands, and posted this 11th day of
,November, 1963, being the first day of the November Term
of the Circuit Court of Pulaski bounty, Virginia, at the
said Courthouse, the Municipal Office, and at the Pulaski
Fire Department building located on the north side of Jeffers.or~
Avenue, all within the Towa of ~~-l:~ski_, Virgi nix.
KAHN & FFLDM.~_T?, INCORPORATrD.
~3y ( s ~ A . M. HF RMAN, JR.
its Attorney
VIRGINIA NAIL HOSIERY MILLS, INC.
By ( s) A. M. HARMAN, JR.
its Attorney
PETITION
TO THE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
TO'~IN OF PULASKI, VIRGINIA
The undersigned do respectfully petition the Council of
the Town of Pulaski, Virginia, to close that certain strip
of land 15.5 feet in width and approximately 263.1x8 feet
in length lying and being in the Town of Pulaski, Virginia,
beginning at a point on the northern boundary line of First
Street, South, at a point oppos5_te the terminus of Man7_e
Street, and being a portion of Maple Street located North of
First Street, a portion or all of which was closed by the
Council of the Tour*n of Pulaski, Virginia, by order of March
8, 1937, and to take the necessary action to adopt an ordinance;
PETITION OF completing the action of said Co!,ncil of March 8, 1937, in
reference to other portions of Maple Street lying North of
KAHN 8: FELDMAN First Street, as well as the closi_ ng of the 15.5 feet if same
has not heretofore been closed.
AND VA.. MAID HOS.
The undersigned would avo,~r that all of the said strip or
FOR CLOSING PORTIONparcel of land lies between and a±ijacent to the property of
the undersigned and that no other persons use said strip of
OF MAF'T~E ST. land or would be affected by its closing; that the undersigned i
believes from thQ records of the minutes of the Council that it
was the intention of said Council to close either all or the
greater portion of Maple Street, or at least to close all of
it as far as public use was concerned, leaving 15.5 feet as a
private alleyway, but failed to complete said action by the
adoption and recording of an ord~_nance of closing;
That all necessary steps and procedure, including proper
notice, appointment of commissioners, adoption of final order, 'be
had in this matter, and that upon the completion thereof, the j
Council by ordinance abandon said street or strip of land as
the case may be, and release any and all claims thereto to the
~~8~ )4
Council rains. contd.
12/3/63 ~~ p. M.
adjacent property owner as the law may provide, or that
said property owners may agree upon.
Given under our hands this 19th day of November,
1963.
KAHN & FELDMAN, INCORPORATED
By (s) A. M, HARMAN, JR.
its Attorney
VIRGIIv'IA MAID H~IERY MILLS, INC.
By (s) A. M. HARMAN, JR.
its Attorney
RESOLUTION
APPOINTING
VIEZ~JFRS FOR
THE CLOSING
OF PORTION OF
MAPLE ST.
RESOLUTION
BF IT RESOLVED BY THE' COUNCIL OF THE TOWN OF PULASKI,
VIRGINIA, T~Ieeting in regular session on the 3rd da,y
of December, 1963, as follows:
:^7HFRFAS, a petition and application for vacation and
abandonment of a certain street and/or a portion thereof,
has been filed with the Town of Pulaski, Virginia, by
Kahn and Feldman, Inc., and Virginia Maid Hosiery
P~iill.s, Inc., for. vacating and abandoning all of Maple ~'treet
lying North of First Street, south, or adopting an
ordinance completing action of a prior council, and take
the necessary action to close a 15.5 foot strip not
heretofore closed, all as more fully shown in said
petition; and,
taHERFA it appears that proper notice as required by
statute has been posted in at least three places ip the
ToTan, including the fr. opt door of the Courthouse, on
the ll.th day of November, 1963, and at least five (5)
days have expired since the said posting; and,
WHF,REAS, said petitioners have requested the, Council
to appoint the necessary viewers and take other steps
to ;property determine this matter.
NO?rT, THEREFORE, BF IT RESOLVED, that:
(1) The applications be received and filed.
(2) Viewers be appointed to view the street, as follows:
C. ?. Plunkett, T. M. Combiths, Jr., Archa Vaughan,
Jr., and F... C. Grigsby, Alternate.
(3) Such viewers shall meet and report in writing
whether in their opinion any, and if any, what, inconvenience
would result from the vacation and abandonment of the street
or alley, as requested in the said petition.
Council mins. contd.
12/3/63 I• P• M.
(~) Upon receiving the .aid report from the viewers,
that the Town Manager .give ~r^itten notice to all land owners
affected by any of the changes along the street, or portion
th ereof to be altered or vacated, or the ordinance to be
entered, that the Town may discontinue such streets, a71 eys,
or easements, adopt the necessary ordinance to complete
action started by former counci7_, 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 weeks, and that said notice describe the
said street or portions thereof under consideration and
set out therein that the Town may discontinue said street
or portions thereof, and that the 17th day of December,
1963, be fixed as a date upon which the said Council wi17_
hold a public hearing upon said matters pPndi_ng 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 ToU*n Manager and Attorney for said
Town do any a.nd all other things necessary for the proper
determination of this matter.
It was reported that inasmuch as some of the parties
involved in thereauest of the Model Railroad Club fcr access to their
property, were in Florida a report could no~ be made on the matter at
this meeting.
F~~S
f
The Street Committee recommended to Council that the
Appalachian Power Company be asked to make a survey of the town's lightin~
a
system to establish a Master Plan for lighting of the entire town, with
the idea of accomplishing as much each year as possible until the
APCo. TO recommended 7ighti.ng reouirements for the ent~^e town are met. Council-
MAKE MASTER
PLAN OF man Gallimore moved that +.,he recommendation of the Street Committee be
TO?nTI~T' S
LIGHTING accepted, and this motion was seconded by Councilman Larson, and carried
SYSTEM
unanimously.
On motion of Councilman Aust, seconded by Councilman
McCarthy, and carried unanimously, the fo17_owing Resolution was adopted:
~nTHEREAS, by ordinance adopted on the 15th day of
October, 1963, the Town of Pulaski did vacate and abandon
as a public alley, certain portions of the alley running
Fast, and ~~Test between Madison and T~'ashington Avenues and
lying just south of Lots 3 and 7 in Block 3~; and,
USF PERMIT
TO COLE'~AN
FURN. CORP.
FOR LCADIN G
SHE'D Oi~f ALLEY
BET. MADISON
AND WASHN.AYES.
WHEREAS subsequent thereto, Co~eman Furniture
Corporation requested permission of the Town to allow
to remain on certain unclosed portions of the afore-
mentioned alley a portion of a shed a.nd loading platform
and certain installations attached tq Town utilities and
used in connection with fire installations, sprinkler
systems, etc.; and,
~8~)6
Council Mins. contd. Dec. 3, 1963
WHEREAS, the Town is willing to grant a license
permit for the continued use of the aforesaid under the
conditions hereinafter stated.
NCFr.', THFR~'FORE, BF IT R~'SOLUFD by the Council of
the Town of Pulaski, Virginia, that:
RESOLUTION
RF: USF PERMIT
CONTIN[JED
A permit for the continued use of the loading shed
and pl atform now owned and used b,y Coleman Furniture
Corporation, or so much thereof as is on the unclosed portion of that
certain alley lying between Madison Avenue and ?aashington
Avenue and more particular7_y described as the portion south
of Lots 9, 1.7., 13, 15 and 17 in Block 34, as shown on the
Official Nap of the Town of Pulaski, together with certain
f~_ra hydrant, water lines, etc., used in connection with the
sprinkler systems installed in Coleman Furniture plants, be,
and the same is hereby, granted upon the conditions as follows:
Should the loading platform be removed it shall not be
rep7_aced; and upon the further condition that said shed or
loading platform shall be removed, if not sooner removed, when
Co7_eman Furniture Corporation expands, changes, constructs or
reconstructs or otherwise remodels its installation in order
to load elsewhere.
That said water or sprinkler installation be allowed
to remain so long as it does not affect the free use of the
alley, and if it becomes necessary to relocate or remove the
installation, the Town grants the right to use other pot°tions
of said alley or to change installation so the new location will
not prohibit the use of said alley.
ORDINANCE
ALLO?aING
COLEMAN FURN .
CORP.
ENCROACHN~NT
TABLED
STEPS BEING
TAKEN TO CLEAR
TITLE TO LOT
COR 1~TH-5TH &
RAND.AVF.
The ordinance allowing an encroachment of the Coleman Furniture
Corporation on the alley between Madison Avenue and ?^'ashington
Avenue, running east and west, was tabled.
Mayor Jackson advised that negotiations are being
carried on at this time to clear the title to the lot on Randolph
Avenue between 1~th and 5th Streets for conveyance to the County
for a public Health Center, but that there was nothing definite
to report at this time.
Town Attorney Moore gave a brief resume of the recommenda-
TOWN ATTY.
DISCUSSED
RECOMMENDA-
TIONS OF STATE
TAX STUDY COMM.
REGRETS FOR
MISUNDERSTAND-
INGS RE:DUBLIN
& P ULASKI
WATER
tions made by a State Tax Study Commission as they affect the Town
of Pulaski or County, and suggested that a meeting be held before
the end of the year for a discussion of these matters.
Thera raas a discussion of recent news stories having to
do with Dublin-Pulaski negotiations about a possible extension of Town
Z^7a ter lines to serve Dublin. Council expressed regret at the mis-
understanding upon the part of some; that Pulaski had definitely
not broken off negotiations, and that Pulaski had asked Dublin to
express itself as to whether Dublin would be interested in buying
Council mins. contd.
~_~-~
Dec. 3, 1963
water at Pulaski limits at from 35 to 37 cents, but that there
had been no response to this preliminary offer. Councilman Larson
stressed that uninformed people are speaking in the press, to the
detriment of a1.1 concerned.
Mayor Jackson advised that contact would be let within the
next week for the construction of the Hangar-shop at New River Valley a~r-
MAYOR REPO:ftTS port, at an estimated cost of $15,000. '`e further stated that unofficial
CONTRACT ".."0
BF LET FOR approval for the 600 ft. extension of the present runway had been
HANGAR-SHOP
AT NRVAIR?'ORT .received and that work will begin on this construction in the early
& REPORT '.:HAT
FXT~NSION OF spring without calling upon the political subdivisions for additional
RUN~,IAY ir1I:CL
BF IN SPRING funds.
The meeting adjourned at 5:30 ?'. M.
Approved:
. ._...~n ~. t.
ayor
Attest:
,- 7
;,
~' erk _'~. _ .~