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HomeMy WebLinkAbout01-07-64Minutes of the regular meeting of the Pulaski Town Council, held on the 7th day of January, 1961, at ),:00 '. M., in the Municipal offi ce. There were present: Mayor C. V. Jackson, presiding. Councilmen: C. R. Gallimore, T,,. S. Cummings, Billy B. Flint, ?n'. A. Larson, T. J. McCarthy, F. I. Carrico, Glen K. Aust, Eugene L. Nuckols Also present: Town h'?anager: T. R. Nol= nd Clerk: Gladys R. Dalton Visitors: Midge "Inodard, Southwest Times reporter The invocation was given by Councilman Flint. Minutes of the regular meeting of December 17th, Isere approved as corrected. The Street Committee reported that a member of the Model Railroad Club planned to talk with Mr. King of King Coal and Wood KING COAL YD. AND MODEL Yard soon, and it was hoped that the matter of the Wood Yard RAILROAD CLUB SIT. blocking the street entrance to the Model Railroad Club headouarters TO BE CLEARED SHORTLY would be cleared up shortly. In the absence of Town Attorney Moore, Town Manager Noland read an ordinance to vacate that certain street or portion thereof known as Maple Street, lying north of First Street, South, as shown on the official map of the Town of Pulaski, and Councilman Nuckols moved that the ordinance as prepared by Town Attorney 11oore to close 15.5 feet of Maole Street, be adopted. This motion was seconded by ADOPTION OF ORDINAmCE Councilman McCarthy, and carried on the following recorded vote: TO VACATE & ABANDON Woodson Cummings - aye Fred Carrico - aye PORTION Claude Gallimore - aye Wm. A. Larson - aye OF MAPLE ST. Bill Flint, - aye Glen Aust - aye Eugene Nuckols - aye T. J. McCarthy - aye Said ordinance is as follows: AN ORDINANCE TO VACATE' THAT CFRTATN STREET OR PORTION THERFOF KNCI,TN .AS MAPLE STRFT71 LYING NORTH OF FIRST STRFFT, SOUTH, AS 9H(7iTN UPON THF OFFICIAL P:AP OF THF TOWN OF PUI ASKT, VIRGINIA, AND "0 COMPLFTr THF ACTION TAKEN BY A FORT,7R COUNCIL OF THF TOWN OF PUI.:ASKI, VIRGINIA, IN RFFERFNCE TO T11'1SAME STRFrT, AIL LYIR'G AND BEING Tri THr TO?:TN OF PULASKI, VTR.GINIA., AND TO PROVIDE PAY117,NT OF COSTS T,.'HFRFAS, Kahn & Feldman, Inc., and Virginia Maid Hosiery Mills, Inc., appeared by petition on the 3rd day of December, 1963, before the Council of the Town of Pulaski, 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 11th day of NovFmber, 1963, that being the 1 7 L 1 Council. mins. contd. 1/7/61, first day of the November Term of the Pula,,^ki. County Circuit Court, said petition reouesting that the Town vacate and abandon all of that portion of Maple Street located North of First Street, South, a part thereof having been closed by action of the Council of the Town of Pulaski, Virginia, by order of March 9, 1937, but not properly con- cluded with an ordinance of record r-i.ther on the minute books of the said Town or in the Clerk's Office of the Circuit Court of Pulaski County, Virginia; and further, to take the necessary action to adopt nn ordinance completing the aforesaid action, and further t(- vacate and close that portion of Marle Street not, closed by the aforesaid action and more --particularly that portion -Y-ch has heretofore been used as an all_e,r?,Ta.y approximatol,y 15.5 feet wide and running from the northern boundary line of First Street for ar-iroximate- ly 263.1'8 feet; and, T'HFR.FAS, it further appearing that said strip or parcel of land li.ee retween and adjacent to the 'property of the said rPtitioners and that no other persons own any land abounding said Maple Street, and that no ether person uses sai-d strip of land or would be affected by i.ts closing; and, dTHFR-FAS, upon the filing cf the aforesaid petition, the said Council did by resolution appoint C. L. Plunkett, T. M. Combith;, Jr., and Archa Vaughan, Jr., viewers as ORDINANCE required under Section 15-766 of the Code of Virginia of 1950 amended; and, CONTINUED tiv17ERFAS, subsequent thereto, all of the landowners who would be affected by the vacation o'' the aforesaid street or a portion thereof, were notified of the filing of the petition and of a public hearing thereon to be held on the 17th dad* of December, 1963, in the Town Office nt Pulaski, Virginia, said notice being deL_vered to the landowners and also by proper publication in the South -Test Times, a local ne-rTspaper; and, ?%'HF'RFAS, on the 17th day of December, 1963, said public hearing -was held rursuant to the aforesaid notice, and there appearing no persons opposed to the vacating of said street as set out in the petition and hereinbefore described. and upon the filing of the viewers' report stating that in the opinion of the viewers no invoncenience would result from discontinuing the use of or by closing the said street; and, ?^'HFRrAS, the Council of the Town of Pulaski is of the opinion that the records of the Council indicate that it *.%ras the intent of the former Council of the Town of Pulaski by iitr, order of Viarch 9, 1937, to clos,- the portion of Maple Street therein described, that all ~)roper stens and-)rocedure were follcwed for said closing with the exception of the entry of a final ordinance of closing, an? that subsequent thereto and in reliance upon the eaid action of the Council, adjacent pror erty owners to said street have occupied same and have constructed buildings thereon; and, 1.°.ITPRFAS there remains a strip of land 15.5 feet wide and 263.118 feet'i.n length adjacent to petitioners' property and the Council of the Town of Pulaski is of the opinion that no inconvenience would result to any one by reason of the Council compl-ting the action of former Council by adopting an ordinance closing said Maple Street in its entirety north of First Street, South; -13,820 Council mins. contd. Jan. 7, 1961.1 NCTITP THrRFFORF, BE IT ORDAINED BY THE COUNCIL OF THE TOT^mT OF PULASKI, VIRGINIA, as follows: That certain strip or parcel of land 15.5 feet in width and being a part of Maple Street lying north of First Street, South, as shown upon the Official Map of the Town of Pulaski, Virginia, running north from the northern boundary line of 'First Street approximately 263.1,8 feet, and in addition thereto, the entire portion of Maple Street lying North and of First Street, South, as it formerly existed, and shown on the Map of the Town of Pulaski, Virginia, and as described in full in the minutes of the Council of March 9, 1937, and in its minutes subsequent thereto relating to the said closing, be, and the same is hereby, vacated as a street, in the Town of Pulaski, Virginia, subject however, to reservation for an easement for any vrater or sei•rer lines located upon, under or across said strip of lane. BE IT FURTHErR ORDAINED that the Town Manager of the Town of Pulaski, Virginia, cause to be recorded In the need 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 any and all other steps necessary to properly ORDINANCE place on the record the said ordinance. BF IT FURTHER ORDAINED that C. L. Plunkett, T. M. CONTINUED Combiths, Jr. and Arcba. Vaughan, Jr., the aforesaid viewers, be paid the sum of Ten Dollars (`10.00) each, and that the costs involved in the vacating of the aforPsai_d alley be paid by the petitioners. T,'HFRFUPnN, this ordinance is hereby adopted by the recorded vote of said members of Council, as ghbuTn:,above. And thereupon, the Mayor of the said Toi-m of Pulaski upon presentation to him of said ordinance, approved and signed the same, this 7th day of January, 1.961,. An crdinance to vacate a certain alley beginning at Monroe. Avenue and ending at Brook Avenue, was read to Council by Town Manager Noland, and on motion of Councilman Flint, seconded b- Councilman ADOPTION OF Aust, and carried uron the folloUring recordod vote: ORDINANCE CLOSING ALLEY Woodson Cummings - aye Fred Carrico - aye FROM MONROE AVE. Claude Gallimore - aye Trim. A. Larson - aye TO BROOK AVE. Bill Flint - aye Glen Aust - aye Eugene N uckols - abstained T. J. McCarthy - aye Said ordinance is as follows: AN ORDINANCE TO VACATE A CERTAIN ALLEY BF GINNING AT MONROF AVENUE AND ENDING AT BROOK AVENUE, LYING AND BEING IN THE T(1rIN OF PULASKI, VIRGINIA, AND TO PROVIDE FOR PAY711FNT OF COSTS WTIERFAS, Regina Rowles Fisher, and others, appeared by retition on the 3rd day of December, 1963, before the Council of the Town of Pulaski, Virp-inia, after posting due notice of the filing of said petition as recuired by X821 Council mins. ccntd. Jan. 7, 1961 by law in at least three places in said Town on the lltr day of November, 1963, that being the first day of the November Term of the Pulaski County Circuit Court, said nPtition: requesting that the Town vacate and abandon that portion of an alley adjacent to Lots 10 and 12, and portions of Lots 8, 1),, 3, 5, 7, 9 and 11 in Block 56, as shown on a map of the Town of Dulaski, Virginia; and, 1,5FRI FAS, the Council, upon reviewing said netition, did, on the date aforesaid upon its own motion, direct that consideration be riven to the closing of tre entire al.lev betWeen Monroe Avenue and Brook Avenue and did direct the vi_ewerq t.c vi f, r the entiere alley as well ns the norti.on set cut in the aforementioned petition, and rrport thereupon to said Council; and, UgFRFAS, upon the filing of the aforesaid petition and by reason of the motion of said Council, the said Council did appoint C. L. Plunkett, T. M. C ombiths, Jr. and Archa Vaughan, Jr.. viewers ns reouired under Section 15-766 of the ORDINANCE Code of Virginia of 1950 as amended; and, UF RFAS, subseouent thereto, all of the landowners who would br- affected by the vacation of the aforesaid alley, CONTINUED were notified of the filing of the -�etiti_on and of a public hearing thereon to be held on the 17th day of December, 1963, in the Town Office at Pulaski, Virrinia, said notice being delivered to the landowners and also by proper publication in the Southwest Times, a local ne?Tspaper.; nnd, VITTREAS, en the 17th day of December, 1963, said public rearing was held pursuant to the aforesaid notice, and there appearing no persons opposed to the vacating of said alley as set out in the petition and as mors- fully described in motion of Council and hereinb-fore described, and upon the filing of the viewers' report statim, that in the opinion of the viewers no inconvenience TTould result from discontinuing the use of or by closinn the entire alley; and, :77R7AS the Council of the mown of T'ulaski, Virginia, is of the opinion that no inconveni -nce T,rc z1d result from the vacating of the said alley; NG`T, THFRFFORF, TSF IT ORDAINED BY T3F COUNCIL OF THF Tg,^JT? OF PULASKI, VIRGINIA, as follr7,Ts: That certain alley beginning at a point in the western boundary line of Monroe Avenue n.t the southeast corner of Lot No. 11 in Block 56, and running North 88 dere. 00' unrest between the South line of Lot T,Te. 11 and another l.i_ne 1 n ng ?0 feet South thereof and parallel thereto, a distance of 170 feet; thence North 00 dogs. 26' T'rest 361.69 feet to the southern boundary line of Pro^k Avenue; and particularly that portion of the above described alley adjacent to Lots 10 and 12, and -)croons of Lots 8, 1! , ?, K, 7, 9, and 11 in Block 561 as shown on the Map of the Town of Pulaski, be, and the same is hereby, vacated as an alley or easementway in the Te -in of Pulaski_, Virginia, subject, how ver, to reserva- tion for an easement for any water or sewer lines located upon, under or across said strip of land. c X822 Council mins. contd. Jan. 7, 1961, BF IT FURTHER ORDAINED that the Town Manager of the Town of Pulaski, Virginia, cause to be recorded in the Deed Books of the County of Pulaski, Virginia, ORDINANCE located in the Clerk's Office of the said County, a copy CONTINUED of this ordinance, and to take any and all other steps necessary to properly place on the record the said ordinance. BI; IT FURTHER ORDAINCF that C. L. Plunkett, T. M. Combiths, Jr. and Archa Vaughan, Jr., the aforesaid vl,�wers, be paid the sum of Ten Dollers (`10.00 each, and that the costs involved '.n the vacating of the aforesaid alley be. paid by the petitioners, There was read to Council an ordinance allowing an encroachment upon Town rroperty by the Coleman Furniture Corporation of a certain portion of the northern wall of said Furniture Corporation, lying and being on the southern boundary -line. of an alley opposite Lots 9, 11, 13, 1.5 and 17 in Block 3),, and on motion of Councilman Larson, seconded by Councilman Cummings, and carried on the following vote: AYES. AN ORDINANCE AL.LO?^'ING AN FNCR.OACHIv7NT UPON TU°IN PROPERTY OF A CERTAIN PORTION OF THE NORTHERN IIALL OF COI 7MAN FURNITURE C ORP ORATION, LYING AND BFINU ON THF OSUTHERN BOUNDARY LINE OF AN ALLEY OPPOSITE; LOTS 9, 11, 13, 15, and 17 in BLOCK 31 BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULA SKI, VIRGINIA, THAT: -]IIFRFAS, a certain portion of a brick wall, being the northern portion of the Coleman Furniture Corporation building, is encroaching for a distance of 375 feet and running from 0.5 feet to 1.0 feet, on the southern portion ORDINANCE of a 2.0 -foot alley .running between Madison .Avenue and '°!ash- ington Avenue, and more particularly the southern portion thereof Lying opposite Lots Nos. 9, 11, 13, 15, and 17, in Block 31, as shown on what is commonly known as the Official Map of the Town of Pulaski, Virginia; and, °IIiERFAS, in addition to the aforementioned encroach- ment of said wall, there are now existing certain window wells lying under and north approximately three feet of said encroaching wall_, which are also encroachments upon said alley;and, TIHERFAS, said encroachments have been in existence for many years and are not susceptible to being moved without destruction of the buildings; and, ?'iIrREAS, said encroachments as they exist, permit sixteen fee, more or less, of .unobstructed passage on said alley; 1 1 1 W. A. I:arson - a„ve F. I.. Carrico - aye W. S. Cummings - aye Billy B. Flint - aye T. J. McCarthy - aye Eugene L. Nuckols - aye ADOPTION OF Glen K. Aust - aye C. B. Gallimore - aye ORDINANCE ALLOW- ING ENCROACHMENT BY COLEMAN FUR the following ordinance was adopted: ON ALLEY BET. WASH. & MADISON AYES. AN ORDINANCE AL.LO?^'ING AN FNCR.OACHIv7NT UPON TU°IN PROPERTY OF A CERTAIN PORTION OF THE NORTHERN IIALL OF COI 7MAN FURNITURE C ORP ORATION, LYING AND BFINU ON THF OSUTHERN BOUNDARY LINE OF AN ALLEY OPPOSITE; LOTS 9, 11, 13, 15, and 17 in BLOCK 31 BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULA SKI, VIRGINIA, THAT: -]IIFRFAS, a certain portion of a brick wall, being the northern portion of the Coleman Furniture Corporation building, is encroaching for a distance of 375 feet and running from 0.5 feet to 1.0 feet, on the southern portion ORDINANCE of a 2.0 -foot alley .running between Madison .Avenue and '°!ash- ington Avenue, and more particularly the southern portion thereof Lying opposite Lots Nos. 9, 11, 13, 15, and 17, in Block 31, as shown on what is commonly known as the Official Map of the Town of Pulaski, Virginia; and, °IIiERFAS, in addition to the aforementioned encroach- ment of said wall, there are now existing certain window wells lying under and north approximately three feet of said encroaching wall_, which are also encroachments upon said alley;and, TIHERFAS, said encroachments have been in existence for many years and are not susceptible to being moved without destruction of the buildings; and, ?'iIrREAS, said encroachments as they exist, permit sixteen fee, more or less, of .unobstructed passage on said alley; 1 1 1 Council mins. contd. January 7, 196), NOW, THFRFFCRF, pursuant to .'ection 1r-776 of the Code of Virginia of 1950, as amended, thF owners of snit' lots are hereby authorized to maintain such encroachment, as it exists as of the 1st day -).f Januarv, 19i, until such structure is destroyed or removed, under conditions hereinafter stated. BE IT FURTHER ORDATNED that if the afcrementicned window wells obstruct traffic on said alle,r, that ORDINANCE Coleman Furniture Corporation at its c-r,m expense cover said window wells in a manner approved by the Town of Pulaski, Virginia, and acceptable as the general method for CONTINUEDprotecting said ti:�indow wells against trnffi.c. Br.. IT FURTHER ORDATN7,D that if and when the said structure so encroaching shall be removed or destroyed by the present owners or their successors in title on any of the .-aid lots or parts of lots uo on which the encroachments exist, that this authorization shall immediately cease; and further, that nothing herein contained shall be construed either to impose upon the municipality any obligation 7,T1r1a+soevr-r for the existence of said encroachment or to imPn^e upon said municipality any liability to any persons whosoever by reason of this authority or to sell -eve said owners, or their successors in title, of an„- Liability for nePliFence or otherwise on their part on account of such encroachment. It was the desire of Council” that the Town Attorney determine the status of the fire hydrants presently located in the alley, adjacent to Coleman 7urni_ture Cornornti.on's plant, TOWN ATTY. TO DETERMINE where said encroachment is granted. STATUS OF FIRE HYDTS. After reading and discussing .fully the lease which had IN ALLEY been prepared by Town Attorney 1',loore, between the Town of Pulaski_ and Electro Plastic Fabrics, Incorporated, Councilman Nuckols moved that the Town enter into said lease with Flectro Plastic Fabrics, Incorporated, as prepared by the Town Attorney; it ELECTRO PLASTIC being stipulated that the work "LESSOR" be interlined under FABRICS CORP. LEASE OF SEC. Section (17), line h; that the items having to do with the FLOOR TOWN PROPERTY ACCEPTED insurance rate, ri_vht of inspection, cost of renovation, as discussed by Council at this meetiw7, all be covered by a letter signed by the T:essor and Lessee. Th..^ motion was seconaed by by Councilman Aust, and carried unanimously. 0824 Council mins contd. January 7, TWA Council discussed in detail the problems and procedures having to do with snow removal, nna it was the thinking of Council that this matter be left to the discretion of the Town Manager. TOWN MGR. & and Director of Public',Torks, with the view of saving the DIR. OF PUBLIC WORKS TO USE town as much money as possible, ns well as keeping the main DISCRETION IN SNOW Streets open. Council also felt that the merchants should be REMOVAL more prompt in clearing the sidewnl.ks in front of their -daces of business and that perhaps some publicity in the local nowsnaper along this line would b^ cf benefit. Councilman Larson, as chairman of a special Oakwood Cemetery Committee, stated there se=,mod to be a lack of interest among ounlified ,persons whom he had contacted to serve as trustees on LARSON SUGGESTS COUNCIL SERVE the Oakwood Cemetery Trust Fund, a:nd suggested that Council AS TRUSTEES FOR OAKWOOD consider the possibility of the Torn Council acting as trustee, CEM. TRUST FUND; $1500. BE CARRIEDwith the two local banks acting as advisors to the trustees, in an IF, BUDGET EACH YEAR FOR TRUST effort to get perpetual care established at Oakwood Cemetery. FUND Mr. I:arson also suggested that a sum of arproximately t1500.00 be carried in the bidget each year for the Cemetery Trust Fund. TOWN ATTY. TO STUDY Council_ discussed this Fugaestion briefly and it was the feeling LEGALITY OF SUGGESTION of Council that the legality of such an arrangement be discussed with the Town Attorney. On motion of Councilman McCarthy, seconded by Councilman Pli nt, and rarri ed, it was resolved that Mr. Larson's sugQes+ion bo referred to the To7,Tn Attorney for report to Council at its next meeting. Mayor Jackson advised there was no definite report to NO REPORT make on the progrF:s,s of clearing title to the lot on Fourth ON CLEARING OF TITLE TO Street which the "ouncy is interested in pu_~chasi_ng for a public LOT AT hTH ST & RAND.AVE. Health Center. The ordinance having to do with fines for parking meter violations was discussod briefly, but no official action was taken. Also, the fact that there is no official map of the Town of Pulaski of record, a reoui_rement of the State, was discussed informally, but no action was taken. I T 25 Council mins. contd. January 7, 190 Town Manafrer No! -ind .?,!�._sed that A.pr-4'- 29th is the tentative schedule for adv-rt-;1_sj.nF for bids for the r pl oc.1 t 4 - on of Rout, - 611 (Newbern Road), with bids to b- c7enec'l "Inr 3r09 and construction tr) brFFJ n around Jul.7 1st . Istim-it-,-1 cr,,7t of t.hp, APRIL 29TH DATE SET FOR relocation of R.oat.- 1,11, a7,n-oxi­t-1 n the OPENING BIDS ON CONSTRUCT. corporate limitr- r for the 9.9 OF NEWBERN RD. -_1o(--jticn or improvement involvin (RT. 611) r -dip. -7 in ',ulaski (nurity, 9 approximately 3.!,5 The meeting- adjc,_,rnr-d at 5:�0 '). V. App —rcv-d: f�; y" 0 �r Attest: - �0111