HomeMy WebLinkAbout01-16-62R3~64
Minutes of the regular meeting of the Pulaski Town
Council., held on the, 16th day of January, 1962, at G p. m., in
the Municipal office.
There were present: T. J. McCarthy, Vice-Mayor presiding.
Councilmen: Billy B. Flint, W. S. Cummings,
F. L. Carrico, Eugene I:. Nuckols,
Claude B. Gallimore, Glen K. Aust
Absent: John W. Nash
Also present: Town Manager: T. B. Noland
Clerk: Gladys R. Dalton
Town Attorney: Alan Groseclose
Visitors: Mrs. J. F. Spencer, Mrs. 0. M. Duncan,
Elizabeth Bonham and Wm. Farmer, Air Pollution
Committee
Wendell Jones of Pulaski Theatre
T. S. Dalton, Attorney for Hazel. Greear Robertson
Robt. J. Ingram, Atty. far Mrs. C.P.Huff, Sr. and
Mrs. Huff in person
Mr and Mrs. Hubert Groseclose, rep. M. A. Shuff
Estate
Jim Terrell, reporter for the Southwest Times
The invocation was given by Counc~.lman Flint.
Minutes of the regular meeting of January 2nd were
approved.
Vice-Mayor McCarthy declared the meeting to be a public
PUBLIC HEARING
ON CT~OSING
CERTAIN ALTFYS
AND NOTICE IN
DETAIL AS
Pt.JBT:ISHFD
hearing, for the purpose of hearing all bersons wishing to be
heard either for or against all or any of the petitions for
closing certain alleys, said note, having been published in the
Southwest Times, being as follows:
TAKE NOTICE that the Council. of the Town of Pulaski
will conduct a public hearing in the Council Room of the
Town Office at 1.1:00 o'clock P. M. on Tuesday, January 16,
1962, on those three petitions set out below, requesting the
closing, abaondonment, alteration or. discontinuance of certain
alleys within the Town of Pu).aski, as follows:
Petition No. 1 filed by Herman E. Jones, et ux, request-
ing that a l0-foot wide strip or alley, shown on recorded
Subdivision Plat of the H. F. Jones Subdivision, of record
Petition No. 2 filed by Hazel Greear Robertson, and
others"; r~ou~si;ing that that certain 20-foot alley be
closed and vacated, beginning at the southern line of
Seventh Street, North, and running South between parallel
lines for a distance of 150 feet to a point in the southern
boundary line df the M. A. Shuff property, and being between
the properties of petitioners; and that a 20-foot alley be
altered beginning with the western line of Madison Avenue,
forth, in a westerly direction to the southeast corner of
the M. A. Shuff property; thence fram the south corner in a
southern direction to the northern boundary line of Sixth
Street, North.
in the Clerk's Office of the Circuit Court of Pulaski County,
Virgi nia, in Plat Book 1, page 10, be closed.
Council minx. contd.
4
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Jan. 16, 1962, 1~ P, M.
Petition No. 3 filed by James Robert Dobyns, and others,
requesting the closing of a certain alley 3.n Block #37
20 feet in wi.dt'Fi,' or anprox3mately 210 feet, beg3.nning
at a point on the west side of Washington Avenue and
running east between parallel lines and between property of
the petit~ionPrs to prospect Avenue.
That COmp7Pte descr3.At3.ons of all of the aforesa3rl three
a7layways can be obtained from the record 3.n the Town Office.
A1.1 persons wishing to be heard either fcr or against all or
any of the above petitions will be afforded the opportunity at
the time and place aforesaid.
Given th3 s 2Rth day of December, 1961.
TOWN OF PrtI,ASKI, VIRGINIA
By Town Clerk
It was noted that Council, at its meeting on December 5,
1961, had appointed viewers to determine by their evaluation whether
or not any inconvenience would be caused by the closing, or the
alteration of said a7.7_eyG, and were so advised by Town Attorney
Moore, as follows:
RF: Town of Pulaski, Virginia
Vacation, alteration, abandonment, or re-
subd3.v3 d3 ng of certain al 7_eys or easements
lying within the Town of Pulaski, Virginia,
as more fully set out in three petitions f3.led
with said Town, sa;d a17.pys being therein des-
cribed and hereinafter more fully detailed.
TOWN ATTORNEY Convening of the dti7.y appointed viewers of
ADVISES VIEWERS said Town at Two o'clock on the ].nth day of
REGARDING THE' December, 1.961, in the Offices of the Town
CI,O.~TNG OF C,ERTQTN of PuJ.aski, Vi rginia
ALI~FYS & REPORT OF
VIF'WFRS FOLLOWS PRESENT: Garnett S. Moore, Attorney for the Town of Pulask3_
T. S. Dalton, Attorney fir Hazel Greear Robertson,
et als
Herman F. Jones, in person
G. C. Hal? , R. .T, G7 enn and W. Marvin Board,
Viewers are herebj- instructed by the said Town
Attor. ney as fo17 ows
(7.) That ,your appointment, wa.s made by the said Town
under authority eranted in Title 15, Section 766 of the Code
of Virginia of 1.9K0, as amended, and any and a7.1 other
general powers granted sa3.d Town;
(2) That as v3 ewers appointed by said Town, ,you are
instructed to view those certain easements or alleys set.
out and described fully in the petitions filed and described
a s f oll ows
X466
Council. mins. contd.
Jan. 16, 1.962, !a P. M.
PETITION N[TMBER ONE - Herman F. Jones
and Ethel P. Jones:
That certain ten (lO) fcot wi_dP stria shown on
recorded subdivision plat as an alley extending around
three (3) sides of the said H. E. Jones Subdivision of record
in the C1.erk's Office of the Circuit Court of Pulaski.,County,
Virginia, in Plat Book 1, page l~; Beginning on the north
side of a 30-foot street running east and west, and thence
from the said point of Beginning, North 7.3 deg. 1~' East
167.3 feet to the property line of Foy Aust; thence North
76 deg. 50' West and adjacent to the northern boundary
lines of Lots Nos. 1l~, 15, 16, 17, 1£~, 19 and 20 in said
Subdivision; thence North 22 deg. ~.t5' East 157.2 feet to
a point on the aforesaid 30-foot street; all of said strip
of Land being for the ase of the lots mentioned herein,
which lots have not been sold and are all owned by Herman
E. Jones and Ethel. P. Jones.
PETITION NUMBER TWO - Hazel Greear Robertson, Lucille
Huff Sr,, H. W. Huff, Jr., Sarah Huff Tuck, and
Walton L. Huff.
Portion of all ep to be vacated:
Begi.nni_ng with the soo.thern line of 7th Street, North,
that certain alley 20-feet in width, lying between the
property of Hazel Greear Robertson and Lucille Huff, St.,
ATTORNEY"S et als, that is to say between ?ot ?-~1 &. 6 in Section 16,
REPORT TO and Trot. 7., in Section 36, as shown on the man of the Town
VIEWERS of Pulaski, Virginia, and running south between the parallel
lines thereof for a distance of 150 feet to a point i.n the
Southern boundary Line of the M. 9. Shuff property: thence
from the south corner in a Southerly direction to the northern
boundary line of 6th Street, North.
PETITION NUMBER THREE -James Robert DobynG, Cornell. a
Gates Dobyns, John J. Swint, Archbishop of Wheeling,
successor for use of Roman Catholic people of palaski_,
Virginia, John W. Nash and Mary Virginia J. Nash.
That certain alley twenty (201 feet in width and
approximately :`two Hundred and forty (2t~01 feet in length,
lying and being in the Town of Pulaski, Virginia, beginning
at a point on the west side of Washington Avenue approximately
11r5.9l~ feet South 2 deg. 00' West from the Southeast inter-
section of Washington Avenue and Prospect Avenue, running east
between parallel lines twenty (?0) feet apart, and lying
between the property of James Robert Dobyns and Cornelia
Gates Dobpns, and John W. Nash and Mary Virginia J. Nash on
the North, and property belonging to the Catholic Church and
.Tohn W. Nash on the South;
(3) You shall determine by ,your view and ,your evaluation
thereof whether or not any inconvenience would be caused by the
closing, or the alteration of any of the aforesaid, and if any
inconvenience determined, what inconvenience would result and
to whom from discontinuing the same as a part of the alleys of
the Town of Pulaski., Virginia.
(~~) To report in writing ,your findings as above
instructed in this matter to the Council of the Town of
Pulaski, Virginia.
This report is to be fit ed as soon as co nvenient after ,you
have viewed all of the proposed alleys, or easements to be abandoned
or altered, and after ,your evaluation thereof from your view, and
from such other facts ,you determine to be pertinent thereto.
Given under my hand this 1~th day of December, 1961..
i
1
LJ
,,/s/ Garnett S. Moore
Attory. for Town of Pulaski., Va.
.~
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Council rains. contd. Jan. 16, 1962, !~ P.M.
Mr. Groseclose then read the report of the three viewers,
which report is as follows:
RE: Town of Pulaski, Virginia
Vacation, alteration, abandonment, or re-
subdividing certain alaeps lying within
the Town of Pulaski, Virginia.
PETITIONERS:
Herman E. Jones, et ux
Hazel Greear Robertson, et al.~
James Robert Dobyns, et als
We, the undersigned, viewers, duly appointed by resolution
of the Town of Pulaski, Virginia, adopted on the 5th day of
December, 1961., did convene in the Town offices of the Town
of Pulaski, Virginia, at Two P. M, on the lath day of
December, 1961; and at that time were instructed by the
attorney for the said Town of Pulaski., Virginia, upon our
duties as viewers, and a cony of the instruction having
tn'EWER'S been made a part of the record of these proceedings.
RE~'ORT TO
C(RINCIL ON Upon having received said instructions, the undersigned
CT•06ING OF Commissioners dial go upon the three (~l na.rce].s of land set
AI,T:FY'G out and described i.n reti tions fi't Pd by the aforementioned
petitioners, and dial view the same, and have reached our
deci. eion and eval»ation thereof as follows
PETITION NUMBER ONE - Herman F. JOneS and Ethel P. Jones:
That certain ten (10) foot widQ strip shown on recorded
Subdivision plat as an alley extending around there (31 sides
of the said H. ~', Jones Subdivi.si on of record i n the Clerk's
Office of the Circuit Court of P,~1 aski County, Vi rgi pia, i n
Plat Book 1, rage 10; Beginning on the north side of a 30_foot
street running east and west, and thence from the said roi.nt
of Beginning, North 1~ deg. 1.0' Fast 167.3 feet to the
property line of Foy A~.ist; thence North 76 deg. KO' West and
adjacent to the northern boundary lines of T.ot•s Nos. 1l~, 15,
16,17,18,19 and 20 in said Subdi.vi.sion; thence North 22 deg.
!~K' East 157.2 feet to a not nt on the aforesa.i d '~0-foot
street; all of said strip of land being for the use of the
lots mentioned herein, which lots have not been sold and are
a1.1. owned by Herman F. Jones and ~'thel P. .Tones.
That in our opinion no objection or inconvenience would
result From dacontinung the use or by closing said alley
or easement way.
PETITION NUMBER TWO: Hazel. Greear Robertson, Lucille Huff, ~r.
H. W. Huff, Jr., Sarah Huff ''f'uck and Walton I. Huff:
Portion of alley to be vacated:
Beginning with the
that certain alley 20 southern line
feet in width, of 7th Street, North,
lying between the pro-
perty of Hazel Greear Robertson and Lucille Huff, Sr., et
als, that is to say between Lot 2-!~ & 6 in Section 36, and
T,ot 1 in Section 36 as shown on the map of the Town of Pulaski,
Virginia, and running south between the parallel. lines thereof
for a distance of 1.~0 feet to a point in the Southern boundary
line of the M. A, chuff property.
~46~
Council minx. contd.
Portion to be altered:
Jan. 16, 1962 ~ P. M.
Beginning with the western line of Madison Avenue, North,
said 20-foot alley to extend i.n a westerly direction to the
Southeast corner of the M. A. Shuff property; thence from
the south corner in a Southerly direction to the northern
boundary line of 6th Street, North.
That i.n our onini on no objection or inconvenience
wound"~ resn'~~ fromdiscontinuing the use of, or making
the alterations and changes requested by petitioners,
providing said access can be obtained to the M. A. Shuff
Estate property.
PETITION NUMBER THREE - James Robert Dobyns, Cornelia
Gates Dobyns, John J. Swint, Archbishop of Wheeling,
Successor for use of Roman Catholic people of Pulaski,
Virginia, John W. Nash and Mary Virginia J. Nash:
That certa%n alley in Block No. 3? twenty (2O) feet in
width and appro~ mately Two Hundred and Forty (?_~0) feet
in length, lying and being in the Town of Pulaski, Virginia,
beginning at a point on the west side of Washington Avenue,
approximately 1t~5.9l~ feet South 2 deg. 00' West from the
Southeast intersection of Washington Avenue a,nd Prospect
Avenue, running east between parallel lines t~rs.nty (20)
feet apart, and lying between the property of James Robert
Dobyns and Cornelia Gates Dobyns, and John W. Nash and
Mary Virginia J. Nash on the north, and property belonging
to the Catholic Church and John W. Nash on the South;
That in our opinion no objection or invoncen%ence
would result from chi scontinui ng the use or by closing
said alley or easement way.
Given under our hands this 13th day of December, 1961
Signed: G. C. HALL
JAMES R. GLENN
W. M. BOARD
Petitioners.
Council.. proceeded to discuss and hear complaints either for
or against the closing of these a1.1_eys, in the order i.n which they have
been listed above.
No one appeared in protest to the petition of Herman E.
Jones, et ux, but Town Manager Noland advised that there is a need for
1
1
ORDINANCE TO BE
DRAWN FOR THE a sewer easement reservation should Council feel inclined to close
CL~OSTNG OF H.E.JONES
SUBDIV.AI,LEY this alley. On motion of Counc ilman Flint, seconded by Councilman
STTB~TECT TO SEWER
EASEMENT Nuckols, and carried unanimously, i.t was, RESOLVED, that an ordinance
be drawn by the Town Attorney for the closing of a 10 foot alley as
petitioned by Herman E. Jones, subject to the granting of a sewer
easement reservation to the Town.
I
Council mins. contd. Jan. 16, 1962, !~ P. M.
In considering Petition #2, Attorney Dalton and Ingram
stated they had nothing further to add to the petition, except to
suggest that a Sewer easement reservation be granted to the Town for
the benefit of al.l property owners who are now using a sewer line
which i.s Located in the alley pronoGed to be closed. Mr, and Mrs.
Groseclose advised there were five heirs to the Shuff Estate, but they
felt there was no objection to the cl.osi ng of this alley provided
the adjacent a7_ley running west from Madison Avenue and south to
Sixth Street ("I~" shaped) be kept oven and improved as wel.1 as kept
NO ORJF;C- ~ n good condi tion by the Town. Mrs. Groseclose stated that a 1?_ ft. st~'in
TINT TO
CIOSTNG of land from the southeast corner of their lot where it intersects
OF ATT~Y
DESCRIBED with the a1.1ey running west from Madison, and running south to Sixth
TN PFT.#2,
4SKFD Street had been reserved by the Shuff Estate to provide access to
THAT ALLEY E
BE OPENED the back of their lot a.nd it wa.s this strip of land plus the alley
FROM 6th
ST Th TN- running west from Madison Avenue that they asked Council. to oxen
TERSECT WITH
ALI,FY and keep open. On motion of Councilman Aust, seconded by Councilman
FROM
MADISON Carrico, and carried unanimously, it was, RESOLVED, that an ordinance
A,rr
be drawn by the Town Attorney for the closing of said alley described
in Petition #2, above, subject to the granting of a sewer easement
reservation to the Town.
Councilman Nuckols then moved that the Street Committee
be directed to view this alley and report. back to Council their
ST.COMT.
TO VT~'W recommendation as to what can be done to oven up the portion as
OPTT?TNG
OF 4TLFY suggested. This motion was seconded by Councilman Galli.more, and
FROM 6TH
ST.TO carried unanimously,
T NTERSECT
WITH !~LLFY As there appeared to be no one opposed to the closing of the
FRAM MADISON AVE,
all ey as set forth in the third vetition, above, Councilman Cummings mowed that
CT (~TATC, an ordinance be drawn by the Town Attorney for the proper closing of sand
OF 4I T~ A I L~EYS
TO FIRST alley. This motion was seconded by Councilman Nuckols, and carried
BF CONSTDER-
CONSTL?ERED unanimously.
BY PT ANN.
COMMT,• Mrs. Sp enter advised that the problems of ai.r pollution
were still with them; that there had been more of the terrible odors
COMPT~AIT~TTS recently and that they were getting the noise frnm the explosions in
FROM AIR the open fire burnings. Mrs. Duncan brought samples of fallout which
POLLiT TI ON
COMMT••; she told Council had been taken from her floors inside her home. Mr. j
SIIRVls'YS
BEING Farmer stated he only wished to endorse what had already been said, and
MADE
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Council rains. contd. Tan. 16, 1962, !~ P. M.
that he was of the opinion that the open burning had been worse
recently. He further stated the vibration caused by these
explosions in the open burning caused the windows in his house to
rattle. When asked where he thought this was coming. from, he
stated the open fire burning is on the Veneer plant ,yard, but
that the explosions are coming from the Coleman Furniture
Company yard from open fires. Town Manager Noland advised that
the air pollution engineer who was here recently had looked at
the fallout on Pico Terrace and knows the situation and that this
engineer plans to return to Pulaski soon, accompanied by two
other engineers, and make a further survey, and it was hoped that
something constructive will come out of the visit.
Mr, Wendell Jones asked Council to cons-i.der the
F?NA.NCE COMM. reduction of town taxes, in the form of a town l-i.cense, for the
TO STTTDY REO.
OF OPERATOR operation of the Pulaski Theatre. After a full discussion,
DF PULASKI
TNF'ATRE FOR Councilman Cummings, seconded by Councilman Aust, and carried
REDTTCTION IN
TOT^IN ?~I('ENSES unanimously, moved that this request be turned over to the Finance
TO OPERATE
Committee for study and recommendation to Counci .
The Town Manager read a petition of Virginia Block
Company, H. E. and C. A. Aust, for the closing of a portion of
Bell Avenue adjacent to the recently completed new Peak Creek
channel, avering that because of said construction the public
no longer needs the portion of street covered in the petition which
PLANNING COMM.
TO STUDY REQ. was supported by a scale drawing.
FOR CLOSING OF
BELL AVENUE Mr. Groseclose explained some of the legal aspects of the
AND RECOMMEND
TO COUNCIL matter, after which Councilman Carrico moved that all petitions
involving the closing of streets and alleys be referred to the
Planning Commission for their recommendation. This motion was
seconded by Councilman Aust, and carried unanimously.
Town Manager Noland advised that the Pulaski Planning
Commissi on would consider the rezoning of a lot on East Main
PLANNING COMM. Street, the lot being located just beyond the Marion Bottling
TO CONSIDER
REZONING OF IOT Works new plant, from residential to business, at a public hearing
ON EAST MA?N
ST FROM RES. on January 29th, and make recommendation to Council. He further
TO Bi1SIN'a,SS AT
PUBLIC HEARING stated all other property in this area was zoned business. No action
was necessary by Council.
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Council rains. contd.
Jan. 16, 196?, ~ P. M.
Upon the recommendation of the Pulaski Planning Commission,
and on the motion of Councilman Flint, seconded by Councilman
Gall imore, and carried unanimously, the following resolution was
adop ted:
WHEREAS, a locally o~rned corporation has purchased
a site of approximately seventy (70) acres which site
lies outside the Corporate T_~imits of the Town, and is
between the main line of the Norfolk and Western Railroad
and the Galax Branch thereof, and the corporation has
developed a plan with the Norfolk and Western Railroad
whereby a suitable siding can be provided on said tract,
and has graded a suitable entrance road to the site and has
let it be known that the said site is available for
industrial development; and, ,
WHEREAS, it i_S and has been the desire, purpose and
COTTNCTL QGRFED T~ endeavor of the Council of the Town of Pulaski, Virgin-i..a,
FXTFNp WdTFR and to do any and a11. things within its power and within its
SFWFR '"0 70 a r',RF; financial ability and as permitted by law, to promote
TNDTT4T}ZjgT. ST'j'F: economic development of the Town and surrounding areas
OFF N~'Td R(1TTTF qq~ and they do desire to continue this policy and to do such
rtPON ~'~TTDENpF OF other things as they can to increase the possibility of
STTCH n~'FD industr. ial expansion,
NOW, THEREFORE, BE TT RFSnI,VF'D, that the Council this day
go on record and hereby establish a policy whereby they will
extend a suitable sanitary sewer line to the property line of i
the said tract at the best spot as dictated by the topography
of the site and will place proper valves, tees, and other ,
necessary fittings to provirTe a connection or connections t~
the existing 12" water line which traverses the northern edge
of the site so as to provide both treated water and raw
water from Warden Srri_ngs, f both type water should be desired,
upon the submission to the Council of evidence of intention to!
proceed, such a.s the execution of a lease, deed, or other
binding commitment between the o~mers of said property and the(
proper authority of a proposed industry or industrial develop-';
ment c~rnoration, with th? undArstanding that ,t will~be th?
sole determination and diGCretion of the Town as to whether the
services sha]1 be provided as set forth above.
Council decided to meet with rez~resentatives of the Pulaski ~!
R~.A?KS TO CONSTD-National. Bank and the Peoples National Bank on Monday, January 22nd,
WTNn0~rTS at 2:00 P. M. to consider possible plans By the two banks for installing
"walk-up windows" on Main Street at their establishments.
There being no further busi_nPss, the meeting adjourned at 5:510 P.M.
1
At st:
,~ Clerk ~~
i
Approved:
~,
,~~ ~fi~fayor
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