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HomeMy WebLinkAbout05-20-86May 20, 1986 8 ~ ~5 Minutes of the regular meeting of the Pulaski Town Council held May 20, 1986, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Councilmembers: Robert N. Glenn, James M. Neblett, James R. Neighbors, Ira S. Crawford, Mary Lou Copenhaver, Glen K. Aust Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town. Manager Anne Burgess, Assistant to the Town Manager Ruth A. Harrell, Clerk Visitors: Tom McCarthy Barbara Manuel Roy D'Ardenne Lauren Summers Dee Lindsey and Pierre Thomas of the news media Andrew Graham Rocky Schrader The invocation was given by Councilman Glenn. In order to present the resolution honoring the Claremont School Chess Team at the PTA meeting tonight, this resolution was considered first on the agenda.. Councilman Glenn moved that resolution honoring the Claremont School Chess Team be adopted, seconded by Councilman Neblett, and carried. Resolution Honoring Claremont School Chess Team RESOLUTION WHEREAS, on the weekend of March 1, 1986, in Virginia Beach, Virginia, the CHESS Claremont School Chess Team did win first place in the Elementary School Division TEAM of the Virginia. State Scholastic Chess Championships; and, WHEREAS, on the weekend of March 15, 1986, in Pulaski, Virginia, the Claremont School Chess Team did win first place in the Elementary School Division of the Atlantic Coast Conference Scholastic Chess Championships; and, WHEREAS, on the weekend of May 3, 19$6, in Charlotte, North Carolina, the Claremont School Chess Team did win third place in the National Elementary School Scholastic Chess Championships; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski Virginia, sitting in session on the 20th day of May, 1986, that it should and hereby does congratulate the players, coaches, parents and staff of the Claremont School Chess Team for their outstanding achievements in the aforesaid tournaments. The Council also hereby publicly commends the twenty-two member team for their exemplary representation not only of their school but of the entire Pulaski community. This resolution is effective upon adoption and is hereby adopted this 20th day of May, 1986. Councilman Neblett moved that the minutes of the regular council meeting of May 7„ 1986, and the minutes of the special meetings of May 8, 1986, and May 14, 1986, be approved as submitted, seconded by Councilman Neighbors and carried. In hearing from the public, Mr. McCarthy requested Council to move as quickly as possible on the cable ordinance and hopefully advertise this for the June 17th meeting. Vice Mayor Neighbors presided over this portion of the meeting. Mr. Terwilliger advised he had a rough draft of the cable ordinance prepared for the Ordinance Committee. According to the statutes that control the advertisement, as long as we get the first advertisement in next week, we can have the final ordinance ready for adoption at the June 17th meeting. We have to pass an ordinance with the proposed ordinance set forth in it, and then advertise it for four weeks, and then pass the final ordinance. Cover ordinance and proposed ordinance will hopefully be ready at the Special Session on Thursday, May 22nd, so process can be started. Council called a Special Council meeting for Thursday, Ma.y 22nd at 8:15 a.m. Councilman Crawford advised that at the budget work session on May 14, the Historic Zoning Committee of the Town Planning Commission requested that $3,000 be appropriated from the 85/86 budget for legal advice in developing a historic ~~wb' May 20, 1986 district zoning ordinance. The money for this work is part of the proposed 1986- 87 budget based on John Cover's proposal to rewrite the Town zoning ordinance. It was the Finance Committee's recommendation that this expenditure be approved to enable the zoning committee to finalize its work in a timely fashion. APPROPRIATION Councilman Crawford moved that $3,000 be appropriated to Account No. 1224- PLAN . COMM. 3002 Professional Services-Other from General Fund Unappropriated Surplus and that it beapproved for expenditure, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Absent James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye UTILITIES COMMITTEE Chairman Johnston absent, however, Councilman Crawford reported that Peppers Ferry would meet May 21st. They are working very conscientiously on a refinancing plan for the bond issue. Hopefully, they will have some concrete suggestions Wednesday afternoon. POLLUTION & SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS AND NOMINATING COMMITTEE LOUISE Chairman Neblett made a motion to adopt resolution reappointing Louise D. SETTLE NEW RIVER Settle to the New River Valley Planning Commission, seconded by Councilman VALLEY Neighbors, and carried. PLAN. COMM. Ms. Settle was commended for her past years of service to the Town and the good job that she is doing. It was suggested that a letter of appreciation be written to Ms. Settle. LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd absent. Mr. McKeever advised this committee does need to meet in the very near future. RECREATION AND PARKS Chairman Neighbors had no report. FINANCE COMMITTEE Chairman Crawford advised that we had changed our retirement plan from Travelers to VSRS, and a problem has been experienced during the transition with our retirees being held back one-half a month of the retirement pay. This was not the intention of the Council in making the change to VSRS, as we hoped for a better plan for the employees. RETIREES Chairman Crawford moved that we move $2,492.72 appropriated to account 1201- 2003 from General Fund Unappropriated Surplus to fund a one-time basis one month cost of living supplement for our retirees and approve same for expenditure, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Absent James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye The above is a grant and is a one month's reimbursement for half of their retirement. Chairman Crawford moved that we schedule a public hearing to receive comments BUDGET - on the 1986/87 proposed budget which includes the expenditure of revenue sharing PUBLIC move for June 10, 1986, at 7:00 -'-~ HEARING y p.m., seconded by Councilman Glenn, and carried.:,~~_~~:;;~ SET - ORDINQI~?CE COMMITTEE Chairperson Copenhaver advised that committee had been reviewin the No' e ~ Fy May 20, 1986 i= ~ j Ordinance, and moved that Section 19-52 of the Town Code be, and hereby is, repealed and Sections 19-52, 19-52.1, 19-52.2, 19-52.3 and 19.52.4 are hereby enacted, and is adopted and effective this date, May 20, 1986, seconded by Councilman Neblett j and Mr. Terwilliger advised that Section 52.3 had been reviewed with Chief Williams. Intent of this section is that these will be the factors that would be discussed or presented to the Judge. These are the type of things that police officers would testify about when they testify in front of the Judge and then the Judge would make the decision whether it was an unreasonable noise under all the circumstances'.. NOISE ORDINANCE „r~ ~,. i I Motion then carried on the following recorded vote: John A. Johnston - Absent Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Absent James R. Neighbors Ira S. Crawford Mary Lou Copenhaver Glen K. Aust - Aye - Aye - Aye - Aye Sec. 19-52. Unnecessary noise-Prohibited. It shall be unlawful to create or continue any unnecessary, unusual,:. or loud or disturbing noise within the town, or any noise which is of such character, duration or intensity as to annoy or disturb the quiet, comfort, peace -or repose of any person or such as to be detrimental to the life,. health or safety of any person. Sec. 19-52.1. Same-Enumeration of certain prohibited acts. The following acts, among others, are declared to constitute violations of section 19-52 of this chapter and to constitute unnecessary, unusual, loud and disturbi ng noise, but this enumeration shall not be! deemed to be exclusive; (1) Radios, phonographs, television sets, musical instruments anc'~ similar devices: It shall be unlawful for any person to use or permit to be played any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in such manner to disturb the. peace, quiet, comfort and repose of neighboring res~_dences or occupants or any reasonable person of normal sensitiveness in the area. The operation of any such set, instruments, television,'. phonograph, drum, machine or device at any time in such manner as to be plainly audible at either the property line, or twenty-five (25) feet in the case of a motor vehicle, or if a measuring device is used, .if same exceeds the ambient noise level at such., points by five (5) decibels on the .A scale, shall be prima faciei evidence of a violation of this section. The ambient noise level is the ~ general level of noise associated with a -given environment, generally composed of sounds with many sources, near' and far. This section shall not apply to participants in a school band, any school activities or recreation department activities, athletic activities, or in a lawful parade. (2) Animals and fowl: The keeping of any. animal or bird which by • causing frequent or long-continued noise which shall disturb the comfort and. repose of any person in the vicinity to such an extent as shall constitute a nuisance. (3) Horns, signaling•devices, etc.: It shall be unlawful for any person to sound any horn or signaling device on any truck, automobile or other vehicle within the town except as a danger warning; or create any unreasonable, loud, or harsh noise or sound with any such device; or sound the same for an unreasonable period of time.• (4) Vehicle noise: The use of any automobile, motorcycle or other. vehicle so out of repair, or loaded in such a manner as to create' laud and unnecessary grating, grinding, rattling or other noises 8i~~'~ May 20, 1986 is prohibited. (5) NAifflers: No person shall discharge into the open air the exhaust of any steam engine, stationary internal-combustion engine, air compressor equipment, motorboat, motor vehicle, or other power device which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unnecessary noise; and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. (6) Trucks: No person shall load any garbage, trash or compactor truck, or any other truck, whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted within a residential district nor within three hundred (300) feet of any hotel or motel between the hours of 10:00 p.m. and 7:00 a.m. (7) Sound amplifiers:- The commercial and noncommercial use. of sound-amplifying equipment shall be subject to the following regulations: (i) The sound-amplifying equipment shall be operated between the hours of 10:00 a.m, and 6:00 p.m, of each day. (ii) The maximum sound emanating from sound-amplifying equipment shall not exceed a sound pressure level.: at the approximate boundary of the property line or the boundary • of a public way of forty (40) decibels when measured four (4) feet above the immediate surface area on the A scale, or plainly audible at such a point if no metering equipment is used, in any residential or multifamily zone in the town, or sixty (60) decibels in any commercial or business zone. When are amplifier noise source can be identified and its noise measured in more than one (1) • district, the sound pressure level limits of the most restrictive district shall apply. (iii) In any event, the intensity of sound shall be so controlled that it will not be unreasonably loud, raucous, annoying, disturbing or a nuisance to any person • or persons. (8) Unauthorized advertisi The use of any drum, Loudspeaker or other. instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise, unless permission has previously been obtained from the town council, is prohibited. 19-52.2 F~ten, tions (1) The provisions of Sections 19-52 through 19-52.4, inclusive, shall not apply to any bell or chime or any device for the production or reproduction of the sound of bells or chimes from • any church, clock or school, nor to police, emergency or fire alarms, whether on vehicles or stationary. (2) The provisions of Section 19-52 through 19-52.4, inclusive, shall not apply to any factory whistle, siren, or the like. Sec. 19-52.3. Same-Standard to be applied. The standards to be considered in determing whether there has been a violation of Section 19-52 and/or section 19-52.1 and/or 19.2-52.2 of this chapter, which may be used with or without the availability of scientific sound-measuring equipment where applicable, shall include but not be limited to the following: (1) The volume of the noise; w 1 (2) The intensity of the noise; May 20, 1986 8~~`~9 (3) Whether the nature of the noise is usual or unusual; (4) Whether the origin of the noise is natural or unnatural; (5) ~ volume and intensity of the background noise, if any; (6) The proximity of the noise to residential sleeping facilities; (7) The nature and zoning of the area within which the noise emanates; (8) The density of the inhabitation of the area within which the noise emanates; (9) The time of the day or night the noise occurs; (10) The duration of the noise; , (11) Whether the noise is recurrent, intermittent or constant; and (12) -Whether the noise is produced by a commercial~or noncommercial activity. Sec. 19-52.4. Same-Penalties. Any person violating any of the provision of section 19-52 and/or section 19-52.1 and/or 19.2-52.2 shall be subject to imprisonment for not gore than ten (10) days, or to a fine of not more than five hundred dollars.. (5500.00), either or both; and a separate offens all be deemed committed on each day during or on which a~violation occur ~ ~~ ues. ~ ~~ ^ ` ~ ~~~~~ ~.~,. ~ :.S t.~ ir''~ `~* .~;:: o- PUBLIC SAFETY COMMITTEE ~ 'p Chairman Aust had no report, however, advised that C & P Telephone Company representative recently made a presentation on the E911 Telephone Emergency Call. Chairman Aust moved this be put on pending projects and after the new Council comes in, on July lst, it be referred to the new Safety Committee, seconded by Councilman Glenn and carried. MAYOR'S REPORT Mayor Hancock advised he had received correspondence from the Mayor of Vancouver, Canada. They are celebrating their centennial and are requesting towns and cities to provide them with something which we feel would represent our city and which they could display. Council requested to give their ideas on what to send to Mayor Hancock. MAYOR Mayor Hancock advised he was honored to be appointed to the Local Government Advisory Council and is looking forward to serving on the Council. Councilman Neblett moved that Council go on record that they approve this appointment, seconded by Councilman Crawford and carried. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. McKeever advised the Department of Highways and Transportation has forwarded us an agreement that authorizes the State Department of Highways and Transportation to replace the bridge on West Main Street over Peak Creek. They would also eliminate the Johnson Street Bridge and would connect Johnson Street and Main Street. Total project cost is $478,799.63 with the Town being responsible for $23,882.08 or 5~ of the project cost. This has been included in this year's budget. An ordinance is necessary that gives the Town Manager the authorization to sign the document. g~~p May 20, 1986 Councilman Crawford made a motion that ordinance be adopted authorizing Town Manager to sign the Department of Highways and Transportation agreement, seconded by CouncilpersonCopenhaver, and carried on the following recorded vote: John A. Johnston - Absent James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye ORDINANCE ORDINANCE BRIDGE AUTHORIZING THE EXECUTION OF A REPLACEMENT TOWN - STATE AGREEMENT ON BRIDGE AND ROAD PROJECTS IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, the Virginia Department of Highways and Transportation has agreed to begin Projects Numbers U000-125-103, PE-101, RW-201, C-501, and U000-125- 104, PE-101, C-501, B-603, and; WHEREAS, these Projects will replace the bridge on West Main Street over the North Fork of Peak Creek, eliminate a bridge on Johnson Street, and relocate Johnson Street to connect with Main Street; and, WHEREAS, the estimated Project cost is $478,799.63, with the Town's share being estimated to be $23,882.08; and, WHEREAS, the Town Council deems it in the best interest of the Town of Pulaski to proceed with this Project and to commit the Town of pay its share of the construction costs even though those costs may vary from the good faith estimate provided; now, therefore, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 20th day of Niay, 1986, that the Town Manager be, and hereby is, authorized to executive in triplicate an agreement with the Virginia Department of Highways and Transportation, together with such other documents as may be necessary to proceed with the project, so as to evidence the agreement with the Town of Pulaski to said Projects. THIS OP~DINANCE•is effective upon adoption and is adopted this 20th day of May, Y986. ° WATER POLICY Mr. Mc~eever advised there would be a New River Valley Planning District LEGISLA- Commission meeting on water policy legislation on May 29 at 7:00 p.m. in the TION Conference Room F of the Donaldson Brown Center at Virginia. Tech. Council has previously been advised that inter-jurisdictional water transfers are the single most important issue facing local governments in the General Assembly. Mr. McKeever urged Councilmembers to attend this meeting. Mr. McKeever advised Council was in receipt of a copy of resolution transferring the Town's eligibility to receive Litter Control Grant to Pulaski County. Councilman Glenn moved that resolution be adopted, seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Absent James R. Neighbors - Aye Robert N. Glenn - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye RESOLUTION RESOLUTION Whereas the Town of Pulaski Town Council recognizes the existence of a litter LITTER problem within the boundaries of Pulaski, and control Grant Whereas the Virginia. Litter Control Act of 1976 provides, through the Depart- ment of Conservation and Historic Resources, Division of Litter Control, for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs, and Whereas having reviewed and considered the Regulations and the Application covering administration and use of said funds Be it resolved that the Pulaski Town Council: Hereby endorses and supports such a program for the Town of Pulaski, and Hereby expresses the intent to combine with the Town of Dublin and Pulaski County in a mutually agreed upon and Cooperative Program contingent on approval May 20, 1986 V~3~~ of the application by the Department of Conservation and Historic Resources, Division of Litter Control, and contingent on receipt of funds, and Hereby authorizes the County of Pulaski to apply on behalf of all of the above named Localities for a. Grant, and to be responsible for the administration, implementation, and completion of the Program as it is described in the attached Application Form LC-G-1, and Further accepts responsibility jointly with the County of Pulaski and the Town of Dublin for all phases of the Program, and Further accepts liability for its pro rata. share of any funds not properly used or accounted for pursuant to the Regulations and the Application, and That said funds,-when received will be transferred immediately to Pulaski County or if coordinated by the Planning District Commission, said funds will be sent directly to the Planning District Commission by the Department. All funds will be used in the Cooperative Program to which we give our endorsement and support. Hereby requests the Department of Conservation and Historic Resources, Division of Litter Control, to consider and approve the Application and Program, said program being in accord with Regulations governing use and expenditure of said funds. Mr. McKeever stated the Planning Commission had been working on the Implementation Strategies for the Comprehensive Plan. The strategies have been reviewed by the responsible party and all have determined that they are capable of achieving the assigned tasks. COMPREHENSIVE PLAN Councilman Neblett moved that Implementation Strategies be adopted as an addendum to the Town of Pulaski Comprehensive Plan, seconded by Councilman Glenn and carried. Mr. McKeever advised the Town offices would be closed May 26th to celebrate the Memorial Day Holiday. TRAFFIC Mr. McKeever informed Council that the Department of Highways and Transportation LIGHTS has included as part of its urban funding project the replacement of five traffic lights in the downtown area. We have been advised of tentative allocation of funds and that the project is included in the six year plan. This will start F/Y 86/87. Mr. McKeever advised we are seeking funding for the expansion of our water treatment plant. One of the criteria to be successfully funded by the Economic Development Administration or the Appalachian Regional Commission is how the project is ranked by the Local Planning District Commission. There are three projects that are ranked first and the Town of Pulaski has two of those. One being our housing grant and the other being the upgrade of our water treatment plant. Mayor Hancock commended Mr. McKeever on the work done on the traffic light project. Mayor Hancock further commented that he appreciated Bob Dobyns suggesting him for the Local Government Advisory Council and having a representative from this area. Mr. Terwilliger requested an Executive Session on a legal matter under 2.1- 344 (A6). Councilman Neblett moved that Council go into Executive Session, seconded by Councilman Glenn, and carried. At 7:39 p.m. Council went into Executive Session. At 8:04 p.m. Council returned to Regular Session on motion made by Councilman Glenn, seconded by Councilman Neighbors and carried. At 8:05 p.m. on motion made by Councilman Neblett, seconded by Councilman Neighbors and carried, Council adjourned. APPR ED: ATTEST: ~~~~~~~-" Mayor lj JVitM•a.trt--- Clerk of Council