HomeMy WebLinkAbout09-04-73~~-~' ti~
Minutes of the regular meeting of the Pulaski Town Council,
held September 4, 1973 at 4:00 P, M. in the Council Chambers in
the Municipal Building,
There were present: Mayor C. Robert Edens, presiding.
Councilmen: J. L. Congrove, William A. House, S. G. Frye,
A. L. Meadows, Andrew L. Graham, Raymond F.
Ratcliff, Mason A. Vaughan, Glen K. Aust
Also present: Town Manager: J. E. Marshall
Clerk; Gladys R. Dalton
Town Attorney: Garnett S. Moore
Visitors 'Members of the Press and The Southwest Times
Approximately 15 citizens
The invocation was given by Councilman House.
Minutes of the regular meeting of August 21st, were approved
as recorded.
NOTICE OF PUBLIC HEARING
Take Notice that the Council of the Town of Pulaski,
will conduct a public hearing in the Council Chambers of
NOTICE OF the Municipal Building at 4:00 P. M. on the 4th day of
PUBLIC HEARING September, 1973, on the petition of Archie J. Boothe, Jr.,
RE• CLOSING M. E. Sutphin, and Fred L. Whisman, requesting the closing
OF•THIRD ST.SO. of a certain portion of Third Street, South, within the
Town of Pulaski, Virginia, as follows:
BEGINNING at a point in the eastern right of way
line of So. Madison Ave.; thence between parallel
lines running 50 feet apart, South 88 deg. East a
distance of 300 feet to the western boundary line
of Floyd Avenue
All persons wishing to be heard either for or against
the above petition will be afforded an opportunity at the
time and place aforesaid.
Given under my hand this 8th day of August, 1973.
TOWN OF PULASKI, VIRGIITA
By Gladys R. Dalton
Clerk of Council
Mayor Edens welcomed the visitors, and stated this was the
PUBLIC time and place, as advertised in the Local newspaper, for Council
HEARING HELD
to hold a hearing on the petition of Archie J. Boothe, Jr.,
M. E. Sutphin and Fred L. Whisman that a certain portion of
Third Street lying betwen Madison Avenue and Floyd Avenue be
abandoned or closed. Mayor Edens advised that the Council would
be glad to hear anyone who wished to speak either for or against
the closing. Mr. Boothe stated he would like to construct a
garage on the side of his house, but according to the present
zoning regulations he would not have the required side yard setback.
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September 4, 1973
He further stated of the four property owners involved, only one
had objected to the closing of the street. He also stated the space
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has been mowed and kept up by him and the other two petitioners.
Mrs. Laurie Whisman, the other property owner involved, stated this
was her only means of access to her property and she felt that it
"would benefit property owners more if a street was put through
there" .
Several property owners in the area expressed their desire that
the street remain as is for the benefit of those walking through,
it
and one nearby property owner expressed a desire that the street
CITIZENS
be opened because he felt it would help some in reaching their
homes. during winter months when there wss ice and snow.
HEARD Mayor Edens presented a petition signed by many property owner
in the area opposing the closing of the street, and several Council
men reported having received telephone calls opposing same. Mr. Boothe
stated he felt if the area is to remain as it is, then the Town shotkld
keep it up. (Petition being typed verbatim below)
Town Attorney Moore read the report of the viewers, in which they
stated that in their opinion it would not cause any inconvenience if
.the street was closed. The report was filed with the Clerk and made
a part of the minutes, as follows:
We the undersigned persons are opposed to any
action by the town to close Third St. S.E., between
Madison and Floyd Avenue:
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SIGNID: W.E. Whisman
Mrs . S . W . Whi swan
Flora Crowder Carolyn H. Puckett
Mr.& Mrs.Robert Elizabeth T. Hurst
Head R. M. Hurst
Christie Hurst Jack J. Lane
Mrs. Christie Hurst Jeanne V. Lane
E. E. Webb Helen D. Hurst
Gilmer T. Hurst,Sr. Henry A. Byrd
Ray J.Westherman Elizabeth P. Byrd
James K. Brown J. H. Woolwine
Betty N. Brown Erma P. Woolwine
Frances H.Lookabill W. E. Hurst
Agnes H. Gregory
Jannie T. West
N. P. West
PETITION FILED Julia B. Whisman
APPOSING CLOSING William C. Eads
Cindy Kemp
Dianne Eads
Lonnie Kemp
Elizabeth Thompson
Robert Thompson
Cameron West
Iva Whisman Jones
L. B. Hart
Bonnie Whisman
Troy A. Peake
Elite Hughes
Virginia Miller
Dorothy Turner
Harvey Turner
Nora Kegley
Cassie Kegley
Lydia Kegley
J. A. Breedlove
Janice Breedlove
Frances Waddle
Edgar D. Waddle
Sandra Hull
Esther Via
Madge Thompson
Anne Anderson
John E. Pinkard
Billy Clay
Junior Webb
Howard S. Stone
Lucille Crowder
~~ A~ ~A 1~
September 4, 1973
INSTRUCTIONS TO VIEWERS
RE: Town of Pulaski, Virginia
~7acation and abandonment of that certain portion of
Third Street, South, lying between South Madison
Avenue and Floyd Avenue in the Town of Pulaski,
Virginia, and as more fully set out and described
in a petition filed with said Town by Archie J.
Boothe, Jr., M. E. Sutphin and Fred L. Whisman, and..,
pursuant to Resolution of Council on August 7, 1973.
Convening of the duly appointed viewers of said Town
at 10:00 o'clock A. M., on the 31st day of August,
1973, in the office of the Town Attorney, Pulaski,
Virginia;
PRESENT:
Garnett $. Moore, Attorney for the Town of Pulaski
Gilmer C. Gannaway
Dan C. Bell
C . C . Jordan
Viewers are hereby instructed by the said Town Attorney
as follows:
(1) That your appointment was made by the said Town under
authority granted in Title 15.1-364 of the Code of Virginia of
1950, as amended, and any and all other general powers granted
INSTRUCTIONS said Town.
(2) That as viewers appointed by said Town you are
TO VIEWERS instructed to view that certain portion, of Third Street lying
between Madison Avenue and Floyd Avenue, set out and described
in the Resolution adopted by the Town on August 7, 1973, a
copy being attached hereto for the purpose of describing the
portion of street to be closed.
(3) You shall determine by your view and your evaluation
thereof whether or not any inconvenience would be caused by the
closing of the aforesaid portion of street, and if any, what
inconvenience would result and. to whom, from closing, dis-
continuing and removing the street requested as a part of the
system of streets, avenues and alleys of the Town of Pulaski,
Virginia.
(4) To report in writing your findings as above instructed
in this matter to the Council of the Tawn of Pulaski, Virginia.
This report is to be filed as soon as convenient after you
have viewed the proposed street to be abandoned or vacated, and
after your evaluation thereof from your view, and from such
other facts you determine to be pertinent thereto.
Given under my hand this 31st day of August, 1973.
SIGNED: Garnett S. Moore
Attorney for the Town of Pulaski,
Virginia
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September 4, 1973
REPORT OF VIEWERS
1
RE: Town of Pulaski, Virginia
Vacation and abandonment of that certain portion of
Third Street, South, lying between South Madison
Avenue and Floyd Avenue in the Town of Pulaski,
Virginia, and as more fully set out and described
in a petition filed with said .Town by Archie J. Boothe,
Jr., M. E. Sutphin and Fred L. Whisman, and pursuant
to Resolution of Council on August 7, 1973.
Petitioners:
Archie J. Boothe, Jr.
M. E. Sutphin
Fred L. Whisman
We, the undersigned viewers duly appointed by Resolution
of the Town of Pulaski, Virginia, adopted on the 7th day of
August, 1973, convened in the Town Attorney's Office at 10:00
REPORT OF o'clock A. M., on the 31st day of August, 1973, and at that
time were given written instructions by the Attorney for said
Town of Pulaski, Vir ginia, upon our duties as viewers, the
VIEWERS original of the instructions being herewith attached as a part
of these proceedings.
Given under our hands this 31st day of August, 1973.
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SIGNED: Daniel C. Bell
G. G. Gannaway
Curtis C. Jordan
Several of the Councilmen expressed .their opinion that in view of
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ST. CLOSING
the opposition received, the street remain as is. Councilman Ratcliff so
DENIED BY
COUNCIL
After reading the instructions, the undersigned personal-Iy
visited the location described in the aforementioned Resolution
and instructions, and agree that the closing of the portion of
the street in question will cause no inconvenience to any person.
moved, which motion was seconded by Councilman Meadows, and carried.
Mayor Edens stated it has also been advertised in the local
newspaper that Council would hold a public hearing at this time on a
proposal to amend and re-enact, as amended, Section 25 of the Town of
Pulaski License Code imposing a license tax on dry cleaners, laundries
PUBLIC and launderettes, etc., in the Town of Pulaski, and Council would be
HEARING
ON LAUNDR~lad to hear from anyone who wished to speak on the subject. James
ORD .
Steger of Steger's Laundry asked for an explanation for changing
the ordinance, which was explained by Town Attorney Moore. After much
discussion relative to a tax on rental services, in and out of town, Jtimes
Mabe of Pulaski Laundry, the only rental busine ss in the Town, suggested
that a flat fee be assessed which would not only cover his business
Cps lhi-=;~¢~~
September 4, 1973
operation, but would be a fair fee for those coming into Town
to do business from another part of the State. After some consider-
ation, Councilman House moved that the amendment to the ordinance
be studied further by the Ordinance Committee, with particular
attention being given to a flat rate charge. The motion was
seconded by Councilman Vaughan, and carried.
Councilman Graham reported the Utilities Committee had met
WATER RATE recently relative to the proposed change in the water rate for
FOR MULTI-
FP4MILY multi-family units, but it was felt more study should be given
UNITS &
to the matter. Mr. Graham also reported that the new pump has been
PUMP INSTALLED
AT PEAK CR. installed at the Peak Creek pumping station and it appears more
PUMP . STA .
water is being processed, however, it now .appears maximum
capacity of the plant has been reached, but this would be con-
sidered in the Engineer's study.
Councilman Frye reported the Finance Committee had met and
considered the purchase of a new street sweeper, inasmuch as the old
sweeper needs to be replaced. It was the recommendation of the
RECOMM. Committee that a WAYNE street sweeper costing $18,950. be purchased
PUR . OF
ST. SWEEPER from Revenue Sharing Funds, and so moved that an appropriation be
$18.,950.
APPROP. made from Revenue Sharing Funds. The motion was seconded by
Councilman Meadows, and carried on the following recorded vote:
Mason A.,Vaughan - aye
Arthur L. Meadows - aye
Andrew L. Graham - aye
S . G.Frye - aye
Glen K. Aus t - aye
William A. House - aye
Raymond F. Ratcliff- aye
J. L, Congrove - aye
It was understood that the old sweeper would be retained and sold
by the Town.
Mayor Edens advised that Pulaski now has a "hot line"
HOT LINE
CALLED
"BROKEN
NEEDLE" FOR
DRUG
ASSISTANCE
called BROKEN NEEDLE, which is a statewide organization based in
Virginia Beach. Mayor Edens advised the purpose of this line is to
assist anyone having a drug problem, or any member of his family as
well as offering medical and counseling services.
Town Attorney Moore advised that misdemeanor trials in
TOi~IN TO BE
RESP . FOR
TOWN COURT
COSTS OF
MISDEMEANOR
TRIL4LS
Town Court involving jury services which have heretof ore been
paid for by the State or County, will in the future be the
responsibility of municipalities inasmuch as an amendment has
been adopted for such fees to be borne by the municipalities. No
action was taken by the Council.
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Town Manager Marshall reportedi That the matter of water
~_t: ~`~
September 4, 1973
pressure in Windsor Circle and the new hospital on Route 11 was
WINDSOR
CIRCLE being investigated; the Town of Dublin had been advised of the desire
WATER PRESSURE
of the Town of Pulaski to re-negotiate a contract for supplying water
to the Town of Dublin; that a paving contractor had been again
CONTRACTOR contacted no later than August 30th and it was hoped the tennis
!FOR PAVING
TENNIS CTS.. courts could be installed at Macgill Village playground bef ore fall.
TheTown Manager further reported a request had been received from
Postmaster Bob McAdoo to allow the Post Office to encroach on the alley
between the Post Office and Minicipal Building for the purpose of in-
stalling a fence similar to the one behind the Municipal Building, along
P .O .GRANTED
PERMISSION the top of the wall of Peak Creek from the present Municipal fence
TO INSTALL
FENCE ALONG to a point near the Washington Avenue bridge, and recommended this be
CREEK
allowed with instructions to the Town Attorney for the preparation of
an encroachment ordinance for Council's adoption. Councilman Ratcliff'
so moved, which motion was seconded by Councilman Vaughan, and carried.
Mr. Marshall also reported that Postmaster McAdoo had requested
that the alley mentioned above be closed, which would help solve a
ST. COMM.
TO CONSIDER parking problem for the Post Office Department, and that Postmaster
ALLEY
REQ. OF McAdoo had suggested that a small row of trees be planted to beautify
P .O .
the area between the two buildings. On motion of Councilman Vaughan,
seconded by Councilman Frye, and carried, this request was referred
to the Street Committee.
Upon the .recommendation of the Town Manager the matter of waste
UTILITIES from the White Motor Company coming to the Town of Pulaski Treatment
COMM. TO
CONSIDER Plant was referred to the Utilities Committee, Consulting Engineers
REQ. WHITE
MOTOR Wiley & Wilson and the Town Manager to work with the Engineers from
WASTE REQ.
Giffels Associates, on motion of Councilman House, seconded by
Councilman Graham, and carried.
At 5:45 P. M. Councilman Vaughan moved that Council go into
EXECUTIVE
SESSION executive session for a legal and personnel matter. The motion was
seconded by Councilman Graham, and carried.
At 6:30 P. M. on motion of Councilman Vaughan, seconded by
Councilman Frye, and carried, Council returned to regular session.
e,
C~(~~`~'"~ September 4, 1973
Councilman William A. House introduced an ordinance authorizing
the issuance of $750,000.00 of bonds of the Town of Pulaski to
finance the cost of improving the Town's streets and providing
for the submission of the question of issuing such bonds to
the qualified voters of the Town, and moved its adoption. The
motion was seconded by Councilman Vaughan, and the ordinance was
adopted by the following vote:
Mason A. Vaughan - aye Glen K. Aust - aye
Andrew L. Graham - aye William A. House - aye
Arthur L. Meadows - aye Raymond F. Ratcliff-aye
S. G. Frye - aye J. L. Congrove - aye
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF $750,000 OF BONDS OF THE TOWN OF PULASKI
TO FINANCE THE COST 'OF IMPROVING THE TOWN'S
STREETS AND PROVIDING FOR SUBMISSION OF THE
ORDINANCE QUESTION OF ISSUING SAID BONDS TO THE
AUTHORIZING ISSUANCE QUALIFIED VOTERS OF SAID TOWN.
OF BONDS FOR WHEREAS the Town Council of the Town of Pulaski has
UPGRADING STREEascertained~and hereby determines that it is desirable
$750,000. and in the public interest to improve the streets in the
Town of Pulaski, NOW THEREFORE,
BE IT ORDAINED by the Town Council of the Town of
Pulaski, as follows:
Section 1, The Town Council of the Town of Pulaski
has ascertained and hereby determines that the public
interest requires that the streets, including curbs and
gutters, maintained by the Town shall be improved by the
reconstruction, widening, paving and re-surfacing thereof,
and that it is expedient that said Town shall borrow money
and issue its bonds as hereinafter provided to finance
the cost of such improvements. The aggregate principal
amount of said bonds shall be $750,000.
Section 2. Said bonds shall be serial bonds and shall
be payable in annual installments in such amounts as may be
determined by the Council over a period of 10 years
commencing with the date of the bonds. Said bonds shall
bear interest at a rate or rates which shall not exceed
the rate permitted by law, provided any such rate or
rates shall not exceed 6% per annum. In the discretion of
the Town Council, any one or more of said bonds may be
made redeemable prior to maturity upon the terms and
conditions set forth in such bond or bonds.
Section 3. Said bonds shall be general obligations
of the Town of Pulaski and shall be issued upon the credit
and in the name of said Town and shall be issued pursuant
to and in compliance with the Public Finance Act (Chapter
5 of Title 15.1 of the Code of Virginia, 1950, as amended).
Section 4. Bonds shall not be issued pursuant to this
ordinance until said bonds shall have been approved by the
affirmative vote of the majority of the qualified voters of
the Town of Pulaski voting upon the question of their. issuance.
The Clerk of Council is hereby directed to present forthwith
a certified copy of this ordinance to the Circuit Court of
the County of Pulaski, or to the Judge thereof in vacation,
and the said Court or Judge _is hereby requested to enter
an order directing the proper election officers to take such
steps and to prepare such means as may be necessary to submit
to the qualified voters of said Town the question of whether
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September 4, 1973
said bonds shall be issued, and to make such order as may
be proper to give due publicity to such election.
Section 5. This ordinance shall take effect immediately
upon its adoption.
Mayor Edens asked if there was anything further to come
bef ore the meeting, and there being none, Councilman Vaughan moved,.
seconded by Councilman Frye, that the meeting be adjourned at
6:35 P. M. The motion was carried.
APPROVED:
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Mayor
ATTEST:
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Clerk f ouncil
fl