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HomeMy WebLinkAbout07-17-62~56~ Minutes of the regular meeting of the Pulaski Town Council, held on the 17th day of July, 1962, at x:00 P. M., in the Municipal Office. There were present: Mayor C. V. Jackson, presiding. Councilmen: T. J. McCarthy, Glen K. Aust, F. L. Carrico, Eugene L. Nuckols, J. W. Nash Absent: W. S. Cummings, Claude B. Gallimore and Billy B. Flint Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton ' Town Attorney: Garnett S. Moore Visitors: Ronnie Patterson, reporter for Southwest Times Mrs. J. F. Spencer & Miss Elizabeth Bonham Robt. L. Ingram, Attorney for George H. Johnston, and Mrs. George H. Johnston in person Mrs. Berdie Trail Charles Ayers Paul C. Roop The invocation was given by Mr. Garnett Moore. Minutes of the regular meeting of July 3rd were approved. There followed a general discussion of the air pollution situation by Mrs. Spencer, Miss Bonham and some members of Council concerning the open fire burni;ngs at Pulaski Furniture Company and Coleman Furniture Corporation, with Mrs. Spencer stating the AIR POLLUTION SITUATION situation was much worse when the plants opened after their weeks DISCUSSED vacation and having been closed. They were advised that the Pulaski Furniture Company was still exploring the matter and wanted to do something about the situation if they only knew what to do. Mayor Jackson then declared the meeting to be a public hearing, as had been advertised in the Southwest Times, for the purpose of affording those who wished to speak either for or PUBLIC HEARING ON GEO. JOHN- against the proposal to rezone a parcel of land belonging to George STOWS REQ. TO ESTABLISH H. Johnston and situated on Altoona Road, and being within the town, TRP.ILER COURT. COUNCIL from residential to industrial classification. Mr. Ingram stated he ACCEPTS RECO;"~. OF PL.4NAT. CONQ~I. was representing Mr. Johnston in his repuest to Council that this & AREA REZONED , COMM. OR IND. land be rezoned industrial, it being Mr. Johnston~s desire to establish a Trailer Court on this tract of land. There appeared to be no one present who wished to be heard against the proposal, and Council rains. contd. and on motion of Councilman Carrico, seconded by Councilman McCarthy, and carried unanimously, it was, RESOLVED that Council accept the recommendation of the Town Planning Commission, and rezone this property as commercial or industrial classification , and that a proper amendment be drawn to the Zoning Ordinance and that the proper changes be made on the Zoning Map, to rezone the area described in the notice of hearing. Mr. Roop advised Council that because of the natural lay of the land and because there were no ditch lines on either side of the Road, Mrs. Trail and Mr. Ayers were having a drainage problem ; when water comes off of Grove Drive across Newbern Road onto their STREET COMM. TO STUDY DRATNe~GE property. He further stated that Roop and Hopkins owns a fifty SITUATION ~?T GROj~'G' DRIVE &, (50) foot strip of land through the Coltrane place and he would be NEW~?ERN ROAI) & RF''OR'.C willing to grant an easement to the Town for a drainage ditch and culvert which would take care of this situation. On motion of Councilman McCarthy, seconded by Councilman Nuckols, and carried unanimously, the matter was referred to the Street Committee for investigation, report and recommendation to Council. Upon incJuiry from Mr. Roop about the situation of opening ~7.'REET COMM. TO V7:~1 rL~^~YD up the end of Floyd Lane Extension and High Street, he was advised L~?NE' FXT'. & HIGH STREET that the Street Committee would view that situation at the same time they look at the drainage problem. A letter from Mr. Marvin Graham, Clerk of Pulaski County, was read to Council, in which letter it was requested that the fee fot^ fire protection to the County be reduced from $75.00 to $50.00 for cad"ls which proved to be false alarms and for calls where the fire was out on arrival. Council was of the opinion that the contract as prepared ;] COUNCIL D~;CLIN by the Town Attorney was in accordance with Council's instructions, FD RFC'. of PUL. CO. TO REDUCE based on $75.00 a call, and which was the fee siggested by the Board FTR~' ~'A"~,I~ CHARGrS of Supervisors, and felt that the per call rate should not be re- duced. On motion of Councilman Nuckols, seconded by Councilman Aust, and carried unanimously, it was, RESOLVED, that Council decline the request and if the County desi"red the fire protection service, they abide by the original revised agreement of $75.00 per call. ~~~~8 Council rains. contd. In the absence of Councilman Flint, Mr. Nuckols reported that the Land, Buildings and narks Committee had talked with officials of the Pulaski Hospital with regards to the Hospital purchasing a strip of land approximately 21 x 80 feet, ad,~acent to their parking lot, which would square off the property of the PUI,ASKI HOSPITAI, Hospital. He stated the appraisers appointed by Council had TO PURCHASE STRIP returned an appraisal in the sum of ~lt17.00, and that the OF LAND AT PRICE OF ~1~25.00 plus Committee advised the Hospital officials that the price for this COSTS; NO ACTION TAKEN ON RER. strip of land would be `25.00, with all legal expenses to be FOR OTH~;R IAND July 17, 1962, ~a P. M. 1 borne by the purchaser. Councilman McCarthy moved that Council accept the recommendation of the Land, Buildings and Parks Committee to sell this strip of land to the Hospital, and authorized the Town Attorney to prepare the proper resolution and deed to be brought back to Council's next regular meeting. This motion was seconded by Councilman Nash, and carried on the following vote: T. J. McCarthy - aye Glen K. Aust - aye F. L. Carrico - aye Eugene L• Nuckols - aye John Tnl. Nash - aye Billy B. Flint - absent Claude B.Gallimore-absent W. S. Cummings - absent 1 Councilman Nuckols stated that while this matter was being discussed with the Hospital officials there arose the question as to as to whether the Town would sell the Hospital a piece of land directly behind the hospital, approximately 3/1~ of an acre, and separated from the hospital parking lot by Maury Avenue. It was brought out in a discussion that should the town wish to relocate Maury Avenue this small piece of land would be needed. Councilman Nuckols wondered if Council would go on record indicating that if the property is ever sold, or is needed by the Hospital, that the town would first negotiate with the Hospital and give them an opportunity to match any price that might be offered to the Town for same. Council felt they would like to cooperate in every way possible, but on the basis of a long-range commitment, could not make a definite promise at this time, and that the Town had always been cooperative in selling land to the Hospital as it was needed. ~ ~~ c ~ Council mins. contd. July 17, 1962, 1~ P. M. On motion of Councilman Carrico, seconded by Councilman Nuckols, and carried unanimously, the following ordinance was adopted: AN ORDINANCE TO AMEND A1f~D REENACT SECTION 12-l~0, 12-I~1 AND 12-1~2 OF CODE OF THE TOWN OF PULASKI PROVIDING AND RELATING TO CONSENT FOR THE TAKING OF BLOOD SAMPLES AND HOW SUCH CONSENT SHALL BE IMPLIED; RESTING SAME FOR AhCOHOLIC CONTENT; CONSEQUENCE OF REFUSAL OF CONSF.,NT; TRIAL ON SEPARATE OFFENSE, APPEAL, EVIDENTIARY EFFECT OF TEST; AND TERM OF SUSPENSION OF SUCH PRIVILEGE AND LICENSE, AND PROVIDING PENALTY FOR VIOLATION. BE IT ORDAINED BY THE COUNCIL OF THE TC1WN OF PULASKI, VIRGINIA THAT: 12-1~0 (A) PROHIBITED (1) It shall be unlawful for any person to drive any automobile or other motor vehicle, car, truck, engine or train in the town while under the influence of alcohol, brandy, rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout or any other liquid beverage or article containing alcohol or while under the influence of any narcotic drug or any other self- administered intoxicant or drug of whatsoever nature. (B) (1) As used in this section "License" means any operator's, chauffeur's or learner's permit authorizing the operation of a motor vehicle upon the highways, or streets. (2) Any person, whether licensed by the State of Virginia or not, who operates a motor vehicle upon a t?.DOn'?'I''•rI OF public highway, street, alley or other public way in the ORDIrTn_'`dCE RFLAT- Town of Pulaski, Virginia, on and after July one, nineteen 1•ATG mn C;OP1SEtdT hundred sixty-two, shall be deemed thereby to have agreed as a I'OR TAf'ID?G BLOOD condition of such operation to consent to, and shall be entitled SAM''I:~S 8E PRO- to, have a .sample of his blood taken for a chemical test to CEDURF determine the alcoholic content thereof if he is arrested for a violation of this ordinance within two hours of the alleged offense and in compliance with all the provisions of this ordinance. If a person arrested refuses to permit the taking of blood for such test, then the arresti ng officer forthwith shall take the person arrested before a committing magistrate who shall comply with the provisions of this section applicable to a committing magistrate, but if the person arrested does not refuse to permit the taking of blood, or having refused, there- after and within two hours of the time of arrest requests that a blood sample be taken, the person arrested shall be entitled to the benefit of such test. It then shall be the duty of the arresting officer, or whoever has custody of the person arrested at the time such request is made, forthwith to carry the person arrested to a qualified person under this section to withdraw the blood sample. (3) Only a physician, registered professional nurse or graduate laboratory Technician, using some type of a cleanser or sterilizer for the instruments used and for +he part of the body from which the hood is taken, other than alcohol or other ~' substance which .might in any way affect the accuracy of the test, shall withdraw blood for the purpose of determining the alcoholic content therein; where practicable, the physician of such person's choice shall withdraw said blood. The blood sample shall. be placed in each of two sealed containers provided by the Chirf Medical Examiner. Upon completion of taking of the sample, the containers shall be resealed in the presence of the i accused after calling the fact to his attention. The containers =A ~ f ~~ Council rains . contd. July l7, 1962, I~ P. M. shall b e especially equipped with a sealing device, sealed so as not to allow tampering, labelled and identified showing the person making the test, the name of the accused, the date and time of taking. one sample shall then be del ivered by the person who withdrew it to the police officer for transporting or mailing to the Chief Medical Examiner; and the other sample shall be delivered to the person accused or if he is unable by reason of physical or mental disability to receive it, to the accused or the attorney for the accused within a twnety-four hour period following the withdrawal of the blood, and the accused, or the attorney for the accused, shall deliver by transporting or by mailing the same to a laboratory supervised by a path- ologist or a laboratory approved by the State Health Commissioner as one having sufficient equipment and personnel competent to make such test for testing in the same manner as hereinafter set forth as procedure to be followed by the Chief Medical Examiner, and provided further that all procedures established herein for use in transmittal, testing and admission of results in trial of the case for the sample sent to the Chief Medical Examiner shall apply to sample sent by or on behalf of the accused to an approved testing laboratory. Upon receipt of the blood sample, the Chief Medical Examiner shall cause it to be examined for alco- holic content by the State Toxicologist or by an Assistant State Toxicologist, who, upon the completion of such examination shall execute a certificate which certificate shall indicate the name of the accused, the date, time and by whom the same was received and examined, a statement that the container seal had not been broken or otherwise tampered with, that the container was one provided by the Chief Medical Examiner and a statement of the alcoholic content of the sample. The Certificate attached to the container shall be returned to either the police officer making the arrest, the department from which it came, or to the clerk of the court in which the, matter will be heard; and the certificate attached to the container forwarded by or on behalf of the accused shall. be returned to the clerk of the court in which the matter will be heard, and such certificate shall be admissible in evidence when attested by the pathologist or by the supervisor of the laboratory approved by the State Health Commissioner. (li) Upon the request of the person who was given a chemical test of blood, the results of each test shall be made available to him. 1 1 (5) An amount not to exceed five dollars to cover the cost of taking blood and making an analysis thereof shall be taxed as part of the costs of the criminal case; provided further that all costs incident to analysis made by laboratory other than that of Chief Medical Examiner shall be paid by the accused. (6) If the person arrested refuses to permit the taking of blood for such test, the provisions of this section shall not otherwise limit the introduction of any competent evidence bearing upon any question at issue before the court. The failure of the accused to submit to such a blood test for the determination of alcoholic content thereof is not evidence and shall not be subject to comment in the trial of the case, but when the person arrested within two hours of the time of his arrest requests or consents to the taking of a blood sample for chemical analysis, if the result of such chemical analysis of the blood sample taken is not received in evidence at the trail for any reason whatever, including but not limited to the failure on the part of any person, except the person arrested, to comply strictly with every provision of this 1 Council rains, contd. 5`71 July 17, 1962, ~~ P. M. section, then the rights of the Ferson arrested shall be deemed to have been prejudiced, and he shall be found not guilty of any offense under this ordinance and his license shall not be revoked under any provision of this section. In the event that the Commonwealth Ex Rel Town of Pulaski, fails to comply with any of the requirements of this section, then this failure shall be deemed a reasonable doubt of defendant's guilt. (?) If a person, after being arrested and after having been advised by the arresting officer that the law of the Town of Pulaski requires a person accused of a violation of this ordinance to permit a sample of his blood to be taken so that a test may be made of his blood to determine the alcoholic content thereof and that refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the public ways of this Town, then refuses to permit the taking of blood for such a test and does further so refuse upon being taken before a committing justice, and being there again bar the committing justice advised of the law requiring a blood test to be taken and the penalty for refusal, all within two hours of the all egad offense, and so declares again his refusal in writing upon a form provided by the committing justice, then no blood sample shall be taken. (8) The form p rovided for in paragraph (7) abdire shall contain a brief statement of the law requiring the taking of a blood sample and a brief statement of the penalty for refusal, a declaration of refusal, and spaces for the signature of the person from whom the blood samples is sought, the date and' the signat~zre of a witness to the signing. If such person refuses or fails to execute such declaration, the committing justice shall certify such fact and that the committing justice advised the person arrested that such refusal or failure, if found to be unreasonable, constitutes grounds for revocation of such person's license to drive upon the form and sign same. The committing or issuing justice shall forthwith issue a warrant! charging the person refusing to take the test to determine the alcoholic content of his blood, with violation of this section, which warrant shall be executed as any other criminal warrant. The defendant shall be given a copy of said warrant. (9) The executed declaration of refusal or certificate of the committing justice shall be attached to the warrant, as the case may be, and shall be forwarded by the committing justice to the court in which the offense of driving under the influence will be tried. (10) When the court receives the certificate o#' refusal referred to in paragraph (9), together with the warrant charging the defendant with violation of this ordinance, the court shall fix a date for the trial of said warrant at such time as the court may designate, but subsequent to the defendant's trial for driving under the influence of intoxicants. If the court shall find the defendant guilty as charged in the warrant, then the court shall suspend the defendant's license for a period' of ninety days for the first offense, and six months for a second!; or subsequent offense or refusal within one year of the first or other such refusals and the effective dates thereof. The court shall forward the defendant's license to DMV as in other cases of similar nature for suspension of license, unless, however, the defendant shall appeal his conviction, in which case the court shall return the license to defendant upon i his appeal being perfected. ~~5'72 Council mins. contd. July 17, 1962, !t P. M. The procedure for appeal and trail in the appellate court shall be the same as provided by law for other misdemeanors. (C) Presumptions from Alcoholic Content of Blood. in any prosecu ion or a io.a ion o is o finance e amount of alcohol in the blood of the accused at the time of the all egad offense as indio~ed by a chemical analysis of the accused's blood in accordance with the provision of this ordinance, shall give rise to the following pre- sumptions: (1) If there was at that time 0.05 per cent or less by weight of alcohol in the accused's blood, it shall be presumed that the accused was not under the in- fluence of alcoholic intoxicants; (2) If there was at that time in excess of 0.05 per cent but less than 0.15 per cent by weight of alcohol in the accused's blood, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcoholic intoxicants, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused; (3) If there was at that time 0.15 per cent or more by weight of alcohol in the accused's blood, it shall be presumed that the accused was under the influenoe of alcoholic intoxicants. 12-l~1: Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall be punished, for a first offense by a fine of not less than two hundred dollars nor more than one thousand dollars or by confinement in jail for not less than one month nor more than six months, either or both in the discretion of the jury or the court trying the case without a jury. Arty person convicted within any period of ten years of a second or other subseouent offense under this ordinance or convicted of a first offense under Section 18.1-51~ of the Code of Virginia after having been convicted within a period of ten ,years prior thereto or an offense under former 18-75 or of this ordinance, as it was prior to this inactment shall be punishable by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1.,000.) and by confinement in jail for not less than one month nor more than one year. For the purposes of this section a conviction or finding of not innocent in the case of a juvenile under the provisions of Section 18.1-51~, former Section 18-75 of the Code of Virginia, the ordinance of any county, city or town in this State or the laws of any other state substantially similar to the provisions of Section 18.1-5la through 18.1-57 of the Code of Virginia or this ordinance, shall be considered a prior conviction. 12-l~2: The judgment of conviction if for a first offense under Section 12-lt0 of this Code, shat of itself operate to deprive the person so convicted of the right to drive or operate any such vehicle, conveyance, engine or ~~~ Council rains. contd. July 17, 1962, J~ P. M. .. train in the town for a period of one year, from the date of such judgment, and if for a second or other subsequent offense within ten years thereof for a period of three years from the date of the judgment of conviction or finding of not innocent thereof, any such period in either case to run consecutively with any period of suspension for failure to permit a blood sample to be taken as required by this ordinance. If a,ny person has heretofore been convicted of violating any similar state law or city or town ordinance and thereafter is convicted of violating the provisions of Section 12-~r0 of this Code, such conviction or finding shall, for the purpose of this and the preceding section, be a subsequent, offense and shall be punished accordingly; and the court may, in its discretion, suspend the sentence during the good be- havior of the person convicted. WHEREUPOPI, this ordinance was adopted by affirmative vote of the Council on this 17th day of July, 1962. On motion of Councilman McCarthy, seconded by Councilman Aust, and carried on rec..vote,the following ordinance was adopted: Woodson Cummings - absent Fred Carrico - aye Claude Gallimore - absent John Nash - aye Bill Flint- - absent Glen Aust - aye Eugene Nuckols - aye T. J. McCarthy - aye AN ORDINANCE TO VACATE CERTAIN ALLEY OR AI~LEYS, A TOTAL OF 17.5 FEET IN Tr1IDTH, MORE OR LESS, AND APPROXIMATFI;Y 250 FEET IN LENGTH, LYING AND BEING IN THE TOWN OF PULASKI, VIRGIAIIA, BEGINNING AT A POINT APPROXIMATEI:y 50 FEET ON TT-L~ SOUTH SIDE OF FIRST STREET, SOUTH; AND TO PROVIDE FOR PRYMENT OF COSTS ADOPTION OF WHEREAS, Jefferson Mills Division, Kahn & Feldman, ORDINANCE Inc., appeared by petition on the 15th day of Ivlay, 1962, VACnTING before the Council of the Town of Pulaski, Virginia, after AI~LI~Y IN posting due notice of the filing of said petition as re- BI:OCK 121 quired by law, in at Least three places in said Town on the RF: •JEFFFRSON 7th day of May, 1962, that being the first day of the May MILLS Term of the Pulaski County Circuit Court, said petition requesting that the Town vacate that certain strip of 7_and seventeen and one-half (17.5) feet in width as shown as two alleys, one eleven (11) feet wide upon the Official Map of the Town of Pulaski, and one twelve (12) feet wide on the Clayton Map, of record in Plat Book 1, page 158, in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, and extending back from a point 50 feet south from the southern boundary line of First Street, South, fora distance of approximately two hundred and fifty (250) feet; and ?nIHEREAS, upon the filing of said petition, the Council did by resolution appoint G. C. Hall, C. L. plv.nkett and W. M. Board, viewers as is required under Secti on 15-766 of the Code of Virginia o.f 1950, as amended; and, ~~J~4 Council rains. contd. July l7, 1962 4 P. M. WHEREAS, subsequent thereto, all of the landowners who would be affected by the vacation of the aforesaid strip of 7_and were notified of the filing of the petition and of a public hearing thereon to be held on the 3rd day of July, 1962, in the Town Office at Pulaski, Virginia, said notice being delivered to the landowners and also by proper publication in the Southwest Times, a local newspaper; and, WHEREAS, on the 3rd day of July, 1962, said public hearing was held pursuant to the aforesaid notice, and there appearing no persons opposed to the vacating of said strip of land as set out in the petition and as herein- above described, and upon the filing of the viewers' report stating that in the opinion of the viewers no opposition or inconvenience would result from discontinuing the use or by closing said alley; and, WHEREAS the Council of the Town of Pulaski is of the opinion that no inconvenience would result from the vacating of the said strip of land. NOW, THEREFORE, BE IT ORDAINED BYA THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, as follows: That certain 17.5 foot wide strip of land, 11 feet thereof being shown on the Official Map of the Town of Pulaski, and a 12-foot alley being shown on the Clayton Map, of record in Plat Book 1, pace 158, which two alleys overlap, making 17.5 feet of alleyway, and being approximately 250 feet in length between parallel lines, beginning at a point 50 feet South of the southern boundary line of First Street, South, and more particularly bounded and described as follows: BEGINNING at a point South 2 deg. 0' West a distance of 50 feet from the southern boundary .line of First Street, South, and being the south- east corner of the Carl McNew property, thence South 2 deg. 0' West a distance of 250 feet to a point; thence South 88 deg. 0' East 17.5 feet to a point; thence North 2 deg. O' West 250 feet to a point; thence North 88 deg. 0' West 17.5 feet to the point of Beginning; be, and the same is hereby, vacated as an alley or easement- way in the Town of Pulaski, Virginia, subject, however, to reservation for an easement for at~r water or sewer lines located upon, under or across said strip of land. BE IT FURTHER ORDAINED that the Town Manager of the Town of Pulaski, Virginia, cause to be recorded i.n the Deed Books of the County of Pulaski, Virginia, located in the Clerk's Office of the said County, a copy of this ordinance, and to take an~r and all steps necessary to properly place on the record the said ordinance. BF IT FURTHER ORDAINED that G. C. Hall, C. L. Plunkett and W. M. Board, the aforesaid viewers, be paid the sum of Ten Dollars ($10.00) each, and that the costs involved in the vacating of the aforesaid alley be paid by the, petitioner. ~~ r7~ Council Mins, contd. July 17, 1962, t~ P, M, At the direction of Council, Attorney Moore had drawn a license permit agreement with Meredith & Tate, t/a Gulf Oil Company, and the Town of Pulaski, for the use of a triangle shaped parcel of land lying on Route 99 and east of Franklin Avenue in the Town.; There followed a discussion concerning certain terms of the agree-~~ TO<<m1 ^,TTY. TO DRA1~~T LIC, ment and upon certain changes as suggested by Council, the Town PERMIT FOR AGRFF~'.TNT UJITH Attorney was directed to discuss such suggested changes with GULF ~IL CO. FOR COUPICIL'S Meredith & Tate and bring the final agreement back to Council APPRO~IAI: at its next regular meeting. Council directed Town Attorney Moore to take such TO?n11`1 ;'.TTY, legal steps as are" necessary for the closing of Bell Avenue. TO TAKE LEGAL STEPS TO On motion of Councilman Aust, seconded by Councilman CL05E BELL AVF, Nash, and carried unanimously, it was, RESOLVED that the town ANNL?A~, PICNIC hold its annual picnic sometime in August, the Town Manager to set~the TO BF ~?I'LD IN At?GUST date, Mayor Jackson reported that 167 passengers had boarded,; planes at the New River Valley Airport since the beginning of Piedmont REPORT OA? NU?~iBFR OF Airline service, and that 19 were boarded on last Friday, the 13th;' n n c ~F,~? (ERS B OARDII?G that air express and greight had been very good. PIANFS ? T ARV There being no further business the meeting adjourned at 5:50 P. M. Approved: ~- ~~ I. Mayor ATTEST: -~` ~ ~ C ~~ Pr - - 1