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HomeMy WebLinkAbout04-23-745540 Minutes of the regular meeting of the Pulaski Town Council held April 23, 1974, at 7;00 F. M. in the Council Chambers of the Municipal Building.. There were present: Mayor C. Robert Edens, presiding. Councilmen: Mason A. Vaughan, Andrew L. Graham, Arthur L. Meadows, S. G. Frye,, Glen K. Aust, William A. House, Raymond F. Ratcliff Absent: Councilman J. L. Congrove Also present: Town Manager: J. E. Marshall Acting Clerk: Wendy S. Austin Town Attorney: .Garnett S. Moore Visitors: Reporter from WPW Radio Station Reporter from WBLB Radio Station Reporter from Southwest Times Several Citizens The meeting was called to order by Mayor Edens,. and the invocation was given by Mr. Vaughan. The minutes of the regular meeting of April 2, 1974, and the special meeting of April 12, 1974, were approved, with one correction to the minutes of the April I2 meeting. Mayor Edens welcomed the visitors and explained that, as the Town Attorney had another meeting to attend, Council would hear his report at this time. Mr. Moore presented to the Council an amended version of the Ordinance concerning the vacating and abandoning of AMENDING AN ORDINANCE certain streets, with a difference in the title and on page 4. TO CLOSE CERTAIN The previous ordinance closed aII the streets in the specified STREETS area, except Kimbal Avenue. This amended Ordinance closes Kimball Avenue as well as the other streets. A motion was made by Mr. Ratcliff that the Ordinance as presented be adopted, seconded by Mr. Vaughan, and carried on the following recorded vote: 1 Mason A. Vaughan - aye Andrew L. Graham - aye Arthur L. Meadows - aye S. G. Frye - aye Glen K. Aust - aye William A. House - aye Raymond F. Ratcliff - aye J.L. Congrove - absent r April 23, 1974 AN ORDINANCE to vacate and abandon certain streets, avenues and alleys lying and being in the Town of Pulaski, Virginia, within the boundary lines of tracts or lots lying both on the North and South sides of the present location of Route #99 and being formerly owned by the General Chemical Company, and lying east of the west boundary line of Kimball Avenue on the north side of Route #99 and east of the western boundary line of real estate owned by Downtown East, Incorporated, on the South side thereof; to except certain rights; and for payment of costs of this proceeding. 5541 WHEREAS, Miller A. Bushong, Jr, and Charles Lee Bushong, by a petition filed on the 21st day of March, 1967, with the Council of the Tc1wn of Pulaski, Virginia, requested the Town to vacate and abandon those po~ttion of the streets, avenues and alleys lying within the boundary lines of that certain tract or parcel of land sold by the Town to said petitioners, including Kimball Avenue lying east thereof, and set out and described in said petition filed; and WHEREAS, the Council of the Town upon its own motion and bx Resolution of July 11, 1967, and upon request of General Chemical Company, directed that the necessary notice and procedure be initiated to close certain streets, avenues and alleys within the Town of Pulaski, Virginia, lying riortY of Route #99, east of the property sold to Pulaski Motor Company; and WHEREAS, Downtown East, Incorporated, filed a petition and application on the 25th day of November, 1970, requesting the Town of Pulaski to close certain streets within the Town of Pulaski both on the sar~th and north side of Route #99 within the boundary lines of its property or adjacent thereto; and ~~~~ April 23, 1974 WHEREAS, upon receiving the aforesaid petitions, and after determining that proper notice of the filing thereof had been posted within the Town at least ten days prior to filing said petitions and that all other procedure as required by statute had been followed, the Council did appoint viewers and set public hearingsthereon, pursuant to Section 15.1-364 of the Code of Virginia of 1950, as amended; and WHEREAS, subsequent to said hearing the Council gave notice to the landowners affected by the vacation of the streets, avenues and alleys described in said petitions of the filing of said petitions and of the public hearings, and did give further notice of the public hearing by publication in the Southwest Times, a local newspaper; and WHEREAS, Public Hearings were held pursuant to all of the Notices, and the Town received and filed the Reports of the Viewers duly appointed; all of said reports advised said Council that in their opinion "No inconvenience would Y•esult to any person by reason of the closing of the alley and streets before the Council far closing, " and WHEREAS, on the 6th day of November, 1967, the petition of Miller A.. Bushong, Jr. and Charles Lee Bushong was acted upon in part and the Council did by ordinance adopted on November 6, 1967, close and vacate certain streets, avenues and alleys lying north of Route #99, west of Kimball Avenue to Peach Street, and South of the southern boundary lines of Lots 9; 10, 11, 12, 13 and 14 as shown on the map of Pulaski Developme Company, recorded in Plat Book 1, page 2 63A; and -2- 55{43 April 23, 1974 fhI -I LEI WHEREAS, the issue of closing other streets, etc. , lying eas~ of Kimball Avenue, North of Rt. #99 and streets, avenues and alleys lying out of Rt. #99 under consideration, is still pending, and that landowners anti Council have reached an agreement upon all issues involved; and WHEREAS, it appears to the Council from all the proceedingshad herein upon all the petitions filed and its own motion, and upon the report of the Viewers that all procedural matters have been followed, that noticjes have been given and that the issues of the closing of the streets, avenues; and alleys are now properly before the Council for final determination axid that no person's rights will be affected by closing the streets, avenues rind alleys before it for closing, the Council being of the opinion and hereby f~.nds that no inconvenience will result from the closing of the streets, avenuesl and alleys lying north and south of Rt. #99 as herein more particularly described, and that all requirements of law have been met: NOW, THEREFORE, BE IT ORDAINED by the Council of the '~'owr. of Pulaski, Virginia, as follows: That all those certain streets, avenues and alleys lying north of Route #99 and south of the northern boundary of Downtown East, Incorporated, and south of the southern boundary line of Economic Development Corporation, and east of the west boundary line of Kimball Avenue to the east boundary line of Downtown East, Incorporated, or so much thereof within the Town as shown on the map of the Pulaski Development Company, of record in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, in Plat Book 1, page 263A; and Those certain streets and alleys located, lying and being on the Southerly side of State Route #99, the streets and alleys being the same that provide access to those certain -3- 5544 April 23, 1974 lots described in and shown on a Plat entitled "Pulaski Development Company, " as shown on a plat of record in Plat Book 1, page 2 63A, and a plat entitled "Map Showing Property of Virginia Iron, Coal and Coke Company, " as shown on a plat of record in Deed Book 74, page 308, in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, reference to which is herewith made; and all those certain streets and alleys that serve as a means of access to those lots contained in Blocks E-i ght (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen -- (18), Nineteen (19), Twenty (20), Twenty-one (21), '~wenty- two (22), and Twenty-three (23), as shown on a plat entitled "Pulaski Development Corporation, " of record in Plat Book 1, page 263A, said streets being designated as the portion thereof lying south of Route #99 and a portion thereof, if any, north of Route #99, said streets to be closed within the boundaries herein referred to, known and designated as Newbern Avenue, Kimball Avenue, Bohannon Avenue, Commonwealth Avenue, Bridge Avenue, Macgill Avenue, and First and Second Streets shown on said plat, including that portion lying west of Walnut Street and South of Rt. #99 or Main Street; and being all the streets and alleys providing access to Sections 245, 234, and 238, as shown on what is known as the Official Map of the Town of Pulaski, Virginia, said streets being part of the same streets described in the aforementioned proceeding now pending before Council; it being the intention to include any and all streets and alleys lying within the boundaries described in the applicant's petition and owned by Downtown East, Incorporated, both north and south of Route #99, except that portion of Walnut Avenue lying South of Third Street or Route #99 to a point on the southern boundary line of Second Street herein closed, and subject to the reservation of all necessary easements, and for ingress and egress thereto, for any and all utilities of the Town of Pulaski, Virginia, installed within the boundary of any of the aforesaid streets, avenues and alleys, or on the property of Downtown East, Incorporated, or its assigns or successors in title, -4- April 23, 1974 <. __ ~ ~ V hu_ _ .... r be, and the same are hereby, vacated as public streets, avenues and 545 alleys, and public ways in the Town of Pulaski, Virginia. There is hereby filed with this ordinance a map showing the sire avenues and alleys vacated and closed by this ordinance, said map also containing certain other information in reference to easements, etc. , which map is incorporated in this ordinance and made a part hereof. BE IT FURTHER ORDAINED that the Town Manager of the Torn of Pulaski, Virginia, cause to be recorded in the Deed Books of the Cou~ity s. 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 record said ordinance. r BE IT FURTHER ORDAINED that Dan Bell, C. L. Plunkett aid E. C. Grigsby, the aforesaid viewers, be paid the sum of Ten Dollars ($10. 00) each, and that all the costs involved in the vacating of the aforesaid streets be paid by the petitioners. WHEREUPON, this ordinance is hereby adopted by the vote of the members of Council, as follows: Glen Aust dye William A. House J. L. Congrove absent Arthur Meadows a` S, G. Frye aye Raymond F. Ratcliff _ Andrew L. Graham, Jr. .dye Mason A, Vaughan - And thereupon, the Mayor of said Town of Pulaski, upon presentation to him of said ordinance, approved and signed the same, this ~_ day of April, 1974. TOWN OF PULASKI, VIRGINIA Approved: /~ B y ~• /Iu/?~'~f~ ~G~~ Mayor ' -5- County. This instrument, with the certificate of ackaowled t thereto annexed, is admitted to record at_o clock 0 p 19~ . TESTS ~,~~rrtyr~ /~ .. i~'~,.C~„_CLER$ d !~ ~} d FiDD~ ~ ~~ PAGE ~5 Attest: Ac ng C erk of C nc it ~~~s April 23, 1974 The f ollowing legal documents were presented to the Clerk by DOCUMENTS the Town Attorney, and asked that they be made a part of the minutes TO BE of the Council meeting of April 23, 1974. These documents indicate FILED WITH THE MINUTES that they were filed in the year 1970, as follows: I. NOTICE tJF APPLICATION TD THE COUNCIL OF THE TOWN DF FULASKI, VIRGINIA, FOR THE CLOSING OF STREETS AND ALLEYS RUNNING THROUGH LANDS OF DOWNTOWN EAST, INC. IN THE EASTERLY SECTiDN OF THE TOWN OF PULASKI, VIRGINIA 2. IN RE: PETITION - CLOSING!iDF CERTAIN STREETS AND ALLEYS RUNNING THROUGH LANDS OF DOWNTOWN EAST, INC., LOCATED ON THE SOUTHERLY SIDE DF ROUTE 99 3. INSTRUCTIONS TO VIEWERS 4. INSTRUCTIONS TO VIEWERS 5. REPORT DF VIEWERS ~~ - f' _ ~,. :` 5~4"1 April 23, 1974 Following a ~arief discussion of the easements across Downtown EASEMENTS APPROVED FOR DOWNTOWN East property, Mr. Vaughan moved, sem nded by Mr. Frye, that the EAST CORP. easements as prepared by Mr. Moore dated March 24, 1974, signed by the president of Downtown East, Inc., be ratified and approved! Motion was carried on the f of Mason A. Vaughan - aye ' Arthur L. Meadows - aye Glen K. Aust - aye Raymond F. Ratcliff - aye Lowing recorded vote: Andrew L. Graham - aye S.G.Frye - aye William A. House -.aye J. L. Congrove - absent Mr. Moore presented a Supplemental Contract for the treatment of additional sewage not to exceed 75,000 gallons per day for White Motor Company. There was discussion as to how the Sewer Committee arrived at the figure of 75,000 gallons, and how the sewer will be metered. Mr. Graham moved that this Supplemental Agreement be adopted, and that the paragraph on proper measuring device from the original contract be inserted, and that records be furnished to the Town quarterly. Motion was seconded by Mr. House and carried on the following recorded vote: Mason A. Vaughan - aye Andrew L. Graham - aye Arthur L. Meadows - aye S. G. Frye - aye Glen K. Aust - aye William A. House - aye Raymond F. Ratcliff - aye J. L. Congrove - absent R RCt1T.TTTTf1N RESOLUTION TO TREAT ADDITIONAL WHEREAS, the Sewer Committee has this day presented SEWAGE.. FROM to the Council a Supplemental Contract between the WHITE MOTOR CO. Town of Pulaski, the County of Pulaski and the Pulaski County Public Service Authority, by the terms of which the Town agreed to treat additional sewerage from the County system which originates at and comes from White Motor Company, but not to exceed 75,000 gallons in any one day, for a period of forty (40) years, or so long. as the terms thereof are met; and WHEREAS, the Supplemental Contract makes the treatment of sewerage under the terms thereof subject to the terms of the Original Contract between the parties as well as the terms contained in the Supplemental Contract. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, meeting in regular session on this 23rd day of April, 1974, that: The Supplemental Contract this day filed with the Council in its present form between the County and Town of Pulaski for the treatment of additional sewerage not to exceed 75,000 gallons of sewage in any one day, and which originates at White Motor Company, be, and the same is hereby approved. 5548 April 23, 1974 BE IT FURTHER RESOLVED that J. E. Marshall shall execute the contract on the part of the Town and its Clerk shall attest same. That the contract shall be presented immediately to the County for its approval and execution. Adopted this 23rd day of April, 1974. Mayor Edens inquired relative to the appointment of INQUIRY AS TO an issuing Justice for the Town. Mr. Moore advised that the APPOINTMENT OF AN ISSUING Council was not authorized to appoint a Justice, but the Judge JUSTICE FOR THE TOWN of the Circuit Court could do this. Mayor Edens suggested that the Council make a recommendation to the Judge that Mrs. Jane Wizer Walker be appointed. Mr. Moore agreed to talk with the Judge about this matter. Mayor Edens advised that at this time the public would be heard . Mr. Linville inquired relative to the dilapidated buildings in Kersey Bottom. Mr. Marshall stated that he had viewed these buildings recently, and that it was his opinion REPORT ON that they ttre safe as storage buildings, and that they are BUILDINGS AT KERSEY not afire hazard as far as he could see. He advised that the BOTTOM building across the street from them had been condemend as a dwelling, but not as a storage building. Mr. Meadows posed a question concerning trash and brush in the area. Mr. Marshall stated that he had talked with the owner of'this property, and that the trash was to be removed shortly. Mr. Marshall had also talked with the Chief of Police about patrolling this area more heavily. Mr. Sheppard also inquired relative to brush removal in INQUIRY AS TO Kersey Bottom. He stated that there were ditches in this area BRUSH ALONG KFRSEY BOTTOM that needed cleaning out because of water backing up in th~:p~ REF: TO HEALTH DEPARTMENT Mr. Marshall read a provision in the Town Code concerning removal of weeds and brush. Mr. Sheppard commented that the stagnant water that was backed up had become a health hazard, and that it attracted mosquitoes. Mayor Edens suggested Mr ..Akers, with the Health Department, to go out and look at the situation. Mr. Marshall agreed to talk with Mr. Akers about this. April 23, 1974 549 Mr. Vaughan inquired relative to the meeting of the Recreation Committee. Mr. Marshall advised-that another coat had to be applied REPORT RE: to the tennis court on 6th street, but that he had not yet checked RECREATION COMMITTEE into the other items that were discussed at the meeting. Mr. Aust requested that a chain be put across the entrance to the football field parking lot to keep people out. Mr. Frye commented on financing the project for the Highland NO FUNDS FOR HIGHLAND Terrace sewer. He stated that there were no funds left in the Sewer TERRACE a SEWER account, and that this would have to be/budget item for next year's revenue. Mayor Edens reported that he had received a call from Rev. APPLICATION FOR A TENT AT' Leonard Atkins requesting permission to place a gospel tent on the LOVING FIELD west end of Loving Field. Mr. Marshall advised that this portion of Loving Field was under lease. Mr. House suggested that Rev. Atkins contact Mr. Williams, the lessee, about this. Mayor Edens agreed to get in touch with him. Mr. Marsh&11~-brought up'~&n item•of=finances to establish an audit- trail on Revenue Sharing:'= He •expia:ined that ~.uthorization was neces~~ary in- order to transfer funds •from Revenue Sharing to reimburse TRANSFER FUNDS the General Fund. Mr~. Frye moved that the following amounts be re- FROM REVENUE SHARING TO imbursed~to the following accounts from Revenue Sharing: Macgill REIMBURSE GENERAL FUND Village Playground -=$4,746.60.; Lovfng Field--$1,152:./+3.; Cleaning Peak Creek funnel--$3,619.60; Wayne~Street-sweeper--.$12,950.00; Total $22,468.63. Motion was, seconded by Mr. VBUghan, and carried on the following recorded vote: 1~1a-son A . Vaughan - aye : Andrew L . Graham - aye Arthur L. Meadows - aye S. G. Frye - aye Glen K. ~,t~st - aye ~ William A.. ~IIouse - aye Raymond F. Ratcliff - aye ~ ~. L. Congrove - absent . Mr. Marshall distributed copies ~ of a letter received from the LETTER F1~OM Virginia Municipal League on a matter dealing with adoption of VIRGINIA MUNICIPAL ordinances and resolutions. He suggested that the Council may want to LEAGUE RE.: ORDINANCES establish this as a policy, and advised that the Town Attorney is & RESOLUTIONS looking into the matter. 5550 REPORT RE: THE FAIR LABOR STANDARDS ACT April 23, 1974 Mr. Marshall advised that he had received inf ormation about the new Fe,~.r Labor Standards Act, which Town Government employees are now covered by. He reported that Town employees may also be covered by the Health Maintenance Organization Act of 1973. Mr. Marshall read the Fire Department and Police Department reports for the month. He also read the Building Permit report for the month of January, 1974. Mr. Marshall reported that he -had contacted Senator Scott and INQUIRY AS TO FUNDS FOR WATER & SEWAGE PLANT EXPANSION Congressman Wampler to determine if funds were available with respect to water and sewage treatment plant expansion. He inf ormed Council that Congressman Wampler's office called, and that they are getting information together on whether or not the funds are available. Mr. Marshall advised that the paving project was to start INQUIRY RE: PATCHING OF STREETS the first of the week. Mayor Edens inquired relative to holes in the street in front of the Macguire house being patched with gravel, and asked whether they could be patched with something else that would stay in the holes. Mr. Marshall agreed to talk with the Public Works Department about this. Mr. Meadows inquired relative to the cemeteries. Mr. Marshall INQUIRY RE: CEMETERIES commented that the Engineer has been working on this, and that they are putting the Green Thumbers on the project. Mr. Vaughan suggested that the Cemetery Committee discuss this matter in their next meeting. At 9:00 P. M., with no further business, a motion was made by Mr .. Vaughan that the meeting be adjourned. Motion was seconded by Mr. Graham, and carried. APPROVED: Mayor ATTEST i~ ~ ~' - ' , .~ ~ Acting Clerk o Council 1