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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:
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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,
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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
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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
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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