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HomeMy WebLinkAbout06-16-5930'7? Council Minutes June 16, 1959, ~t p. m. Minutes of the regular meeting of the Town Council of the Town of Pulaski, held on the 16th day of June, 1959, at 1~ p. m., in the municipal office. There were present: T~Zayor C. V. Jackson, presiding. Councilmen: U'. F. White, W, A. Larson, Glen K.Aust, John W. Nash, J. R. Martin, W. S. Cummings, F. L. Carrico, T. J. McCarthy Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Alan Groseclose for Garnett S. Moore Visitors: Bill Akers, reporter for the Southwest Times Rev. S. Brown Hoyt Paul Roop Mayor Jackson called the meeting to order and the invocation was given by the Rev. S. Brown Hoyt, pastor of the Anderson I~lemorial Presbyterian Church. Minutes of the regular meeting of June 2nd and s~~ecial PUBLIC HEARING ON AT~TdDT~F'NT OF SECTIOT~T 8.1 OF SUBDIVISION CONTROL ORDINANCE meeting of June 10th were approved. A public hearing had been advertised in the Southwest Times for l~:00 p. m, with regards to a proposed amendment to Section 8.1 of the Subdivision Control Ordinance which had been adopted on the 20th day of December, 1955. The Mayor invited any who wished to apeak either for or against the proposed amendment. Whereupon, Mr. Paul Roop stated that as a developer he thought the proposed amendment was unwise because it may tend to slow the sale of .lots to low income groups because the proposed pavement requirements would add so much to the cost of subdivisions aimed at low income groups that in it would effect price this group. out of the market for newly subdivided land. It was pointed out to Mr. Roop that the main right of way requirements and pavement of new streets are necessary for the town to be eligible to receive State Highway Funds for the maintenance of those streets. On motion of W. A. Larson, seconded by J. R. Martin, and on the following recorded vote, the following amendment to Section 8.1 of tYie Subdivision Control Ordinance was adopted: ~.`~~n Council rains. contd. June .16, 1959, l~ p, m. W. F. White - aye W. S. Cummings - aye W. A. Larson -aye T. J. McCarthy - aye Glen K. Aust -aye John ?N. Nash - aye J. R. T~-lartin -aye F. L. Carrico - aye 8.1 Those streets, or portion thereof, .lying inside the corporate .limits shall be graded to cross sections and profiles and surfaced to a minimum zridth of 30 feet as approved by the Town Manager. Surfacing shall be composed of at least four inches of compact pit gravel rolled in two courses, as well as two applications of asphalt and two applications of stone as approved by the Town Manager. At its regular meeting of June 2nd, Council resolved that the Bond Issue proceeds be withdrawn fror~~ tt~p Peoples T~ational Bank of Charlottesville and reinvested in United States Treasury bonds or bills. Since this meeting the Peoples National Bank of Charlottes-' vine had upped its maximum interest rato from 2.2~ to 3~, effective RESCINDED June 5, 1959. Mr. Larson, Chairman of the Finance Committee, led a discussion of this matter, On motion of W. F. ?~•,~hite seconded PRFVI:OUS A CTIOTI ' ON ITIfVESm"TNT b ;~~, S, Cummii.:s and unanimous) carp°ied it was resolved that OF BOn1D IcS~ y g- ~ Y ~ FUR'DS the action taken by Cour_ci1 on June 2nd with regards to reinvesting the Bond Issue proceeds in Government bonds be rescinded. AND On motion of ~,T. A. Larscn, seconded by ,•;. F. ti^.?hite, ar~d carried unanimously-, it was RESOLVED, that tY~e Bond Issue proceeds be kept in the Peoples National Bank at Charlottesville, as per their proposal RESOLVED TIzAT and interest rate as outlined in tY}eir letter of June 5t'n and 11th FUNDS RET"AIN ' IT? BANK OF 1959, wherein the Bat.k agreed to pay according to .length of ~ith- CHARI~OTTFSV. AT NETi+T ITdTEREST ~~ drawal notice, as fellows: 30 - 90 day., 1~; 91 days to 6 months, 2-1~23~, more tran 6 months, 3~. A public hearing had been advertised ir. the Southwest Times for 1:30 p. m, with regards to the proposed adoption of ar. ordinance to provide for the razing or repair of unsafe, dangerous or unsanitary' buildings and structures and to provide for a procedure for the abatement of nuisances within the corporate limits of ttte Town of PU~LTC HEARING AND A.DOPTIOTI OF Pulaski, Virginia. No one appeared, either for or against, the ORDINANCE RF'; '' UNSAFE BUILDINGS adoption of such an ordinance, and on motion of ~f~T. A. Larson, seconded by J. R. Partin, and on the following recorded vote, ~~~ Council mires. contd. June 16, 1959, ~ p. m. the following resolution was adopted: W. F . White -aye Tu~1. S . Cummings - aye W. A. Larson -aye T. J. McCarthy - aye Glen K. Aust -aye John T~rI. Nash - aye J. R. I~iartir. -aye F. L:. Carrico - aye AR? ORDINANCE TO PROVIDE FOR THE RAZING OR ORINANCE IN DETAIL REPAIR OF UNSAFE, DANGEROUS OR UNSANITARY BUILDINGS AND STRUCTURES AND TO PROVIDE FOR A PROCEDURE FOR THE ABATEP•'E'NT OF PNISANCES WITHIN THE CORPORATE LIP~~TS OF Tim TOUIN OF PULASKI, VIRGII~?IA. BE IT ORDAI~'ED by the Council of the Town of Pulaski, Virginia, as follows: SECTION 1. Abatement or removal of Puisances. - Pursuant to Section 15-77.31 o~~ie~o7e ~o irginia o~~~0, as amended, the Town of Pulaski, a municipal corporation, its officials, agents or employees, may proceed to compel the abatement or removal of all nuisances, including; but not limited to, the razing or repair of all unsafe, dangerous or unsanitary public or private buildings, walls or structures which constitute a menace tc the health and safety of the occupants thereof or the public. SECTION 2. Notice. - (a) Whenever it appears to the Town Manager of the Town of Pulaski that any such condition or nuisance exists, the Town ifanager shall cause a notice to be served in the manner provided by law for legal service of process upon the owner or owners, occupant or occupants of the property or premises affected, stating the location of the property or premises subject to the condition or nuisance complained of and the particulars thereof; and that if the same is not abated or obviated within sixty (60) days, the condition or nuisance will. be abated, removed or obviated by the authorities of the Town of Pulaski at the cost and expense of the said owner or owners, occupant or occupants. (b) Should the owner or owners, occupant or occupants of the property or premises affected be non- residents of the Town. of Pulaski, or unknown, then the notice re- quired shall be published once a week for two (2) consecutive weeks in a newspaper having general circulation in the Town of Pulaski and by mailing a copy of said notice to the last known address of the owner or owners, occupants ox' occupants of the property or premises affected; in which event the period of sixty (60) days for such notice shall begin with the date of the last publication. (c) Such notice shall inform the owner or owners, occupant or occupants of the property or premises affected that they may appear before the Council of the Town of Pulaski by giving to the Town lianager written notice tYtat such hearing is desired, which said notice shall be served upon the Town Manager in the manner provided for by law for service of process, within ten (10) days following receipt of notice of the conditionz or nuisance complained of. SECTION 3. Hearing. -Upon receipt of the notice provided for in the subsection c of the foregoing section, the Tom Manager shall place the matter for hearing upon the agenda for the next regular meeting of the Council or a meeting called for that purpose and inform the owner or owners, occupant or occupants ofthe property or premises affected of the date and time thereof. At such hearing said owner or owners, occupant or occupants of the premises 1 ~~ 1 Council rains. contd. June 1.6, 1959, 4 p. m. 3~l'~ affected may appear and Show cause, if any then can,. why the condition or nuisance should not be abated, or removed, obviated. Technical or e:-pert testimony may be presented by either party. SECTION 4. Enforcement. - In the event of the failute of the okra er or owners, occupan~or occupants of the property or premises affected to abate or obviate t1~~e condition or nuisance within the period specified in said notice, or to show cause before the Council why the same should not be abated, removed or obviated, the Council, at any regular or special meeting following the expiration of said period specified in the notice, shall order the condition or nuisance abated, remoTTed or obviated in such manner as may be prescribed by the Council. SECTION 5. Recovery of Costs. - The costs and expenses of abating, removing or o via ing e condition or nuisance, less any recovery for materials sold, shall be assessed against the persons, firms or corporations responsible for tie condition or nuisance, and shall constitute a .lien against the property or premises, and collected and recovered in like manner as state or .local taxes. SECTIOPI 6. Emergency Provisions. - (a} UJhenever in the judgment of the Town Manager, after due inspection, any building, wall or structure of any kind has become dangerous and unsafe to persons passing the streets, alleys or other public places, or on private property or to adjoini.n~ property, or constitutes an undue fire hazard; and that such hazards constitute a present and im~rnediate emergency; the Town Manager is directed to place upon sucl-i building, walls or structures a placard warning all persons of the hazards. (b) Any person tampering with or removing such placard, or ignoring the Nrarnit,g therein contained, shall be punished as provided in Section 1-6 of the Code of the Town of Pulaski, Virginia, of 1954. (c) Any person aggrieved by any such posting shall have the same right to show cause bearing with reference thereto as provided herein. SECTIOT3 7. Right of Appeal. - Prom any adverse holding of thl~ Council of the Town of as 1 a- a hearing as provided herein, the owner or owners, occupant or occupants req_uestirg such hearing shall have a right of review thereof by the Circuit Court of Pulaski County, Virginia, which appeal must be taken within ten (.10) days fo11o-,~ring such hearing by written petition, setting forth in particular the basis therefor, filed in the clerk's office of said court and a copy thereof served upon the Town Manager of Pulaski; and which may then be heard by the judge of said court upon its merits without further formal pleadings. SECTIOII 8. Quorum. - A majority of the members of the Council shall constitute a ouorum for any action rea,uired hereunder. SECTION 9. a) Other Remedies. - The enactment of this ordinance shall not .limit e power of the authorities of the Tonw of Pulaski to proceed by other process, including but not limited to the provisions of Art. II of Chapter 10 of the Code of Town of Pulaski, of 1954, to compel the abatement of nuisances. b) Other Nuisances. - In the discretion of the Council of the Town of Pu as , e procedure herein provided shall be an optional alternate remedy for the abatement or removal of all nuisances defined as such by general law, applicable statute or other ordinance. 3(~'7~ Council rains. contd. June 16, 1959, ~ p. m. SECTION' 10. Effective Date. - This ordinance shall become effective upon its pu ica ion in the Southwest Times, a newspaper having general circulation in the Town of Pulaski, once a week for two (2) successive weeks. The Town attorney advised tYiat Nirs. Ethel Cole, one of the property owners of the narrow strip of land back of the Filter NO ACTION TAKEN ON OFFER OF MRS.plant which the Town had been negotiating to purchase, had ETHEL COLT RE FLUSHING WATERS advised that she would accept tYie appraised value of her .land FROM FILTER PLANTT of $82.00 if, in addition, the town would write off her back utility bills amounting to approximately $78.60. No action was taken and the matter was tabled for further study. On motion of T. J. McCarthy, seconded by W. F. tiv'hite, and carried unanimously, the following resolution was adopted: WI-IE;REAS, the Administrator of the Federal Aviation Agency has approved a project and tendered to the Town of Pulaski, Virginia, a Grant Offer under which the United States commits itself in accordance with the terms stated herein. to pay to percentum of the cost of certain developments at the New River Valley Airport; and, RESOLUTION WHEREAS, the Offer made by the United States must be ADOPTED WITH accepted in the manner provided in the terms thereof and in REGARD TO NTEW accordance with the regulations incorporated therein by RIVP'R VALLEY reference therefor, AIRPORT BE I T RESOLVED, (1) That the Town Council of the Town of Pulaski, Virginia, does ratify and adopt all statements, representa- tions, warrantied, covenants and agreements contained in the Project Application of June 18, 1959, and does hereby accept the Grant Offer issued on the project by ttie Administrator of Federal Aviation Agency as hereinafter set forth in the attached Grant Agreement. (2) The Mayor of the Towr. of Pulaski, C. V. Jackson is authorized to execute the Grant Agreement in the manner provided as evidence of the Town's acceptance and the Clerk to the Council, Gladys R. Dalton, is authorized to attest such execution and to affix the Town's seal thereto, and (3) A copy of the Grant Agreement formed by the Grant Offer and acceptance hereinbefore mentioned, is attached hereto and made a part of this resolution. Witte respect to the progress of Route 99, Town Manager Noland REPORT OF TO~~dN explained that a lump sum right of way appraisal had been duly T~~GR. WITH REGARDS TO PROGRESS OF submitted several weeks ago and that the detailed appraisal of R~JTE 99 each parcel had gotten underway on June 15th, and explained ~~~ ~ 1 1 1 Council rains. contd. June 16, 1959, 1~ p. m. that this appraisal involved a considerable amount of the appraiser's time as well as clerical time. No date for advertising the project for bids had been set. The meeting adjourned at 5:15 p. m. Approved: / ~ ~~ / d 1 yor ~. i~ Attest: ~ ~ ,~ Clerk