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HomeMy WebLinkAbout10-09-84October 9, 1984 Minutes of the. Regular .Meeting of the Pulaski Town Council .held October 9, 1984, at 4:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, C. E. Boyd, Jr., James R. Neighbors, Ira S. Crawford, Mary Lou Copenhaver, Glen K. Aust. Also present: D. E. McKeever, Town Manager Grace Bowers, Acting Clerk Visitors: Dee Lindsey and Eric Randall of the news media Vicki Futrell, Pulaski County Chamber of Commerce Val Abernathy, Sec. Pulaski County Jaycee Women Dorothy Beasley, Executive Vice President Pulaski County Jaycee Women Barbara Price, Den Leader, Pack ~~43, Draper, VA The invocation was given by Councilman Neblett. The minutes of the regular meeting of September 18, 1984, were approved as published. 1 f ~~ Mr. Neblett made a motion to appoint Grace Bowers, Acting Clerk of Council, seconded by Councilman Boyd and carried. Councilman Neblett introduced to Council the Den Cub Scouts from the Draper Valley area, pack 43. Mayor Ratcliffe welcomed the Cub Scouts to the Pulaski Town Council for October, 1984. Mayor Ratcliffe commended the Scouts for the work they are doing, their pack mother who is leading them; and wished them the best of luck for their future endeavors. Mayor Ratcliffe also recognized visitors Val Abernathy, Secretary Pulaski County Jaycee Women, and Dorothy Beasley, Executive Vice President, Pulaski County Jaycee Women. Mayor Ratcliffe stated this was a part of their endeavor to visit the governing bodies, and try to learn what they can about the functions of the local government. Mayor Ratcliffe said now is the time to have a public hearing on the mobile home PUBLIC HEARING RODA QUESEN BERRY MOBILE HOME APPLIC. application of Roda Quesenberry. Mr. McKeever advised Ms. Quesenberry had made application to place a mobile home at 502 1st St., SW. The lot is 6600 sq. ft. and Ms. Quesenberry will purchase the lot if approved. The lot is in M-1 industrial zone with Town water and sewer avail- able. There has been a mobile home on this lot for the past 24 years, but since then has been removed. There were no responses as of this date. No one spoke for or against this application. Mr. McKeever recommended approval of this application. Councilman Aust moved that mobile home application of Roda Quesenberry be approved seconded by Councilman Glenn, and so carried. As there were no further comments, Mayor Ratcliffe called for Council Committee ~. Reports. UTILITY COMMITTEE Chairman Johnston had no report; but had a Peppers Ferry meeting since the last Council meeting. Chairman Johnston stated, at that time, we received a computerized breakdown of the amount of money that various localities have spent and we have spent as a Town in regard to different facilities. Chairman Johnston felt the information might be of some interest to the Council. "I made copies of the computer breakdown for your information, showing the 6 contracts we are most interested in and where we stand. POLLUTION AND SANITATION Chairman Glenn had no report. r~ October 9, 1984 PERSONNEL, PUBLIC RELATIONS & NOMINATING COMMITTEE REPORT Chairman Neblett stated this committee had discussed the changing of EMPLOYEES Veteran's Day, and take the Friday following Thanksgiving, so stated in Ord- VETERANS finance for this year, seconded by Councilman Glenn and carried on the following DAY recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Ordinance Changing the Date on Whiche the Town Employees will be Accorded Holiday Benefits in Observance of Veterans Day for Calendar Year 1984 WHEREAS, by ordinance dated December 20, 1983, the Town Council of the Town of Pulaski, Virginia, designated Veterans' Day to be a holiday falling on November 11, to be celebrated this year on Monday, November 12, 1984, on which day many Town employees would be entitled to holiday bene- fits, including time off, overtime pay or compensatory time, as set forth in Section 7.4 of the Personnel Policy of the Town of Pulaski; and WHEREAS, it appears that a greater benefit would accrue to the employees of the Town of Pulaski, Virginia, if the Town offices were closed on November 23, 1984, instead of November 12, 1984; and WHEREAS, it would appear that the closing of the Town Offices on a different date neither will affect the validity of Veteran's Day as a holiday nor will detract from the honoring of the veterans of this Town and this Nation;. NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on October 9, 1984, that the Town Offices will not be closed on November 12, 1984, but instead will be closed on Friday, November 23, 1984. It is further ORDAINED that for purposes of employee benefits, pay, compensation, overtime, or the like, said Friday shall be treated as the legal holiday instead of said Monday. This Ordinance is effective upon its adoption. Chairman Neblett stated we discussed with the Town Manager and Recreation Director, filling the position of Sports Coordinator and Assistant Manager at Gatewood. After some lengthly discussion, we feel we should make this recommen- SPORTS dation to Council. Councilman Neblett made a motion to create a position for COORDINATOR Sports Coordinator and Assistant Manager at Gatewood, seconded by Councilman & ASST. MGR. Glenn. Councilman Aust stated "we had it pretty short on our last July budget AT Gatewood study coming up, and until they can prove to me where they can get the money, and it is satisfactory and stated in the budget, I just can't see it." Councilman Neighbors stated I think with the new Recreation Director, he is going to need some help. We have been doing the program with some part-time people. We plan to acquire some additional land at Gatewood, and we plan to do some extensive things at Gatewood, which will mean revenue to the Town. Councilman Aust stated, "he wanted to amend the motion, and turn it over to Mr. Crawford's Finance Committee, and let them come back and tell us where he is getting the money and why, and what is going to be paid for." Councilman Aust made a substitute motion regarding the hiring of a Sports Coordinator and Assistant Manager at Gatewood, and referring it to the Finance Committee, seconded by Councilman Boyd and denied on the following recorded vote: John A. Johnston - Aye James R. Neighbors - No Robert N. Glenn - No Ira S. Crawford - No James M. Neblett - No Glen K. Aust - Aye C. E. Boyd, Jr. - Aye Mary Lou Copenhaver - No The original motion made by Councilman Neighbors and seconded by Council- man Glenn, was to create a position of Sports Coordinator and Assistant Manager October 9, 1984 '7'715 at Gatewood,.which carried on .the following recorded vote: John A. Johnston - No Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - No James R. Neighbors - Aye Ira S. Crawford - Aye Glen K. Aust - No Mary Lou Copenhaver - Aye JOHNSON & Councilman Neblett made a motion to appoint Janet Johnston and W. H. (Rocky) SCHRADER Schrader to serve on the Town of Pulaski Planning Commission, seconded by Councilman TO PLAN. Boyd, and so carried. Comm. RESOLUTION APPOINTING MEMBERS OF THE PLANNING COMMISSION OF THE TOWN OF PULASKI, VIRGINIA WHEREAS, two (2) members of the Town of Pulaski Planning Commission, Daniel E. McKeever and R. William Propst, have submitted their resignation from said Commission; and WHEREAS, W. H. Schrader and Janet P. Johnson have indicated their willingness to be appointed to fill the unexpired terms of said members; NOW, THEREFORE, The Town Council of the Town of Pulaski, Virginia, sitting in regular session on October 9, 1984, does hereby appoint W. H. Rocky Schrader to serve on the Town of Pulaski Planning Commission until August 7, 1988, and does hereby appoint Janet P. Johnson to serve on the Town of Pulaski Planning Commission until December 31, 1987. This resolution shall be effective upon its adoption. WM. BREEDLOVE Councilman Neighbors made the motion to appoint William H. Breedlove to the TO PARKING Town Parking Authority, seconded by Councilman Glenn, and so carried. AUTHORITY RESOLUTION APPOINTING MEMBER OF THE Town of Pulaski PARKING AUTHORITY WHEREAS, certain vacancies have occurred in the Town of Pulaski Parking Authority; and, WHEREAS, William H. Breedlove has indicated his willingness to serve as a member of said authority; NOW, THEREFORE, the Town Council of the Town of Pulaski, Virginia, sitting in regular session on October 9, 1984, does hereby appoint William H. Breedlove to complete the unexpired term on said Authority, that is, until August 6, 1987. This resolution is effective upon adoption. LAND, BUILDING AND STREETS COMMITTEE Councilman Boyd advised the Street Committee had met on September 27, 1984, at CURB & 5:00 p.m. He stated Mr. McKeever received a letter from Mrs. Glenn and Mrs. Wysor, GUTTER regeusting curb and guttering at 1206 Prospect Avenue amounting to approximately 65 feet to stop erosion of the property. The Engineering Department also found there would be a need of about 30 ft. strip of land which would also need curb and guttering along the pavement of 12th St. if this project should go through. The committee recommended we go forth with this curb and guttering. The total cost of this would be $830; of this, the Town of Pulaski would be responsible for half of that. Councilman Boyd made a motion to appropriate $480.70 from General Fund Unappropriated Surplus to Account ~~4102-7014 Street Improvements for curb and gutter at 1206 Prospect Ave., seconded by Councilman Crawford and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Abstain Ira S. CRawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Boyd also discussed the traffic light on Bob White Blvd. and Memorial Drive; and Mr. McKeever advised this would begin in October. ~~~`" October 9, 1984 Chairman Boyd stated the third item was the Ward Lane Project, and the Committee was informed that work should start on this, and be completed by the end of November. Mr. McKeever stated the Town Attorney provided him with two resolutions which Council needs to pass authorizing the State Highway Department to acquire the land for the two bridges, that will be repaired and replaced over the next 18 months. In order for them to proceed with acquiring the property, this body needs to pass a resolution that will authorize them to go ahead and proceed. Councilman Aust made a motion to authorize the State Highway and Transpor- tation Commission to acquire the right and repair of West Main Street Bridge, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye RESOLUTION RESOLUTION - WHEREAS, Section 33.1-89 of the Code of Virginia, as amended by the WEST MAIN 1970 Session of the General Assembly, authorizes the State Highway and ST. BRIDGE Transportation Commission to acquire rights of way for construction, REPLACEMENT reconstruction, alteration, maintenance and repair of public highways with municipalities on projects which are constructed with State or Federal participation; and WHEREAS, Section 33.1-89, as amended, further provides that the State Highway and Transportation Commissioner may exercise such authority only upon receipt of official request from the city or town involved; now THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Pulaski, Virginia, hereby requests the State Highway and Transportation Commissioner to acquire the necessary rights of way for project: "West Main Street Bridge Replacement", within the Corporate limits of said Town and to convey the title to such right of way to the Town of Pulaski, Virginia, and agrees to reimburse the Virginia Department of Highways and Transpor- tation for five percent (5~) of all costs incurred in the acquisition and conveyance of such rights of way; and it is understood that such acquisi- tions will be handled by the Commissioner under established policies and procedures and his decision in all instances will be final. Councilman Neighbors made a motion to authorize the State Highway and Transportation Commission to acquire the right and repair of Altoona Street Bridge, seconded by Councilman Glenn, and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye RESOLUTION RESOLUTION - WHEREAS, Section 33.1-89 of the Code of Virginia, as amended, by the Altoona 1970 Session of the General Assembl Street y, authorizes the State Highway and Transpor- Bridge tation Commissioner to acquire rights of way for construction, reconstruction, alteration, maintenance and repair of public highways within municipalities on projects which are constructed with State or Federal participation; and WHEREAS, Section 33.1-89, as amended, further provides that the State Highway and Transportation Commissioner may exercise such authority only upon receipt of official request from the city or town involved; now THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Pulaski, Virginia, hereby requests the State Highway and Transportation Commissioner to acquire the necessary rights of way for Project; "Altoona Street Bridge Replace- ment", within the Corporate limits of said Town and to convey the title to such right of way to the Town of Pulaski, Virginia, and agrees to reimburse the Virginia Department of Highways and Transportation for five percent (57) of all costs incurred in the acquisition and conveyance of such rights of way; and it is understood that such acquisitions will be handled by the Commissioner under established policies and procedures and his decision in all instances will be final . October 9, 1984 ~~~~ RECREATION AND PARKS COMMITTEE Chairman Neighbors had no report. FINANCE COMMITTEE Chairman Crawford had no report, however, he would like to discuss Contractural Matter, under section 2.1-344, par. 6, and a Personnel Matter, under Section 2.1-344, par. 1. (This would be discussed during the Executive Session). Mayor Ratcliffe advised the Council they had not appointed a committee for the Centennial. "I had the pleasure of viewing the Town of Vinton, whenever they had their Centennial this past summer, and they had a very successful celebration down there". "I would like to offer this group the same method of selecting people to participate in the Centennial". CENTENNIAL Councilman Johnston made a motion to turn over the Centennial sugges- COMMITTEE tions over to the Personnel Committee, seconded by Councilman Crawford, and REFERRED TO PERSONNEL so carried. COMM. MAYOR'S REPORT Mayor Ratcliffe discussed the Virginia Municipal League Conference in Richmond. Mayor Ratcliffe stated he was very proud of the people who went down, and the people who participated in the conference. He said there is one difference this year, from years gone by, and that is the roster. Because of people getting defeated in elections, and resigning, we had five positions to fill on the Executive Committee. "The two people who will represent our area is Mayor Noel Taylor of Roanoke, and Dolores Lescure, Mayor of Staunton". Councilman Neighbors commented on the session he enjoyed which was "Downtown Development and Redevelopment". He said "they had very firm commitments from the merchants before they proceeded." ORDINANCE COMMITTEE Chairperson Copenhaver made a motion to adopt the Peddlers Ordinance, seconded by Councilman Aust. After some lenghly disc ussion regarding the pros and cons on the Peddler's Ordinance, motion carried on the following recorded vote: John A. Johnston - No James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye ORDINANCE ITINERANT AN ORDINANCE amending and reordaining Chapter 28 of the Code of the MERCHANTS & Town of Pulaski, as amended, to provide for the levy of a license tax upon PEDDLERS every person doing business in this Town as an itinerant merchant or ORDINANCE peddler and to set forth the penalties provided for the violation of pro- visions of the Code; and providing for the effective date of this ordinance. BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, that: 1. Chapter 28, of the Code of the Town of Pulaski is amended and reordained as follows: CHAPTER 28. ITINERANT MERCHANTS AND PEDDLERS Sec. 28-1. "Itinerant merchant" and "peddler" defined. Sec. 28-2a. License--Required Sec. 28-2b Same - Not required by this Chapter Sec. 28-3 Same - Application Sec. 28-4. Same - Fees, right of entry for inspection of records. Sec. 28-5 Same - Investigation of applicant; issuance ~`~ October 9, 1984 Sec. 28-6 Same - Term. Sec. 28-7 Same - Display; separate license for each place of business. Sec. 28-8. Same - Transferability Sec. 28-9 Same - Revocation. Sec. 28-10 Bond. (Reserved). Sec. 28-11 Service of process. Sec. 28-12 Loud noises and speaking de Vices. Sec. 28-13 Records. Sec. 28-14. Appeals from decisions of town treasurer. Sec. 28-15. Enforcement of chapter Sec. 28-16 Severability of Provisions Sec. Sec. 28-17 Effective Date 28-1 "Itinerant merchant" and "peddler" defined. (a) For purposes of this section, an "itinerant merchant" shall be defined as a person, firm or corporation who shall engage in, do or transact any temporary or transient business in this Town either in this locality only or in traveling from place to place in the sale of goods, wares and merchandise, and who for the purpose of carrying on such business shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car, boat or public room or any part thereof, including rooms in hotels, lodging houses, or houses of private entertainment, or in any street, alley, or other public place in this Town for a period of less than one year, for the exhibition of or sale of such goods, wares or merchandise. (b) For purposes of this chapter, a "peddler" shall be defined as a person who shall carry from place to place any goods, wares or merchandise and offer. to sell or barter the same, or actually sell or barter the same in this Town. All persons who do not keep a regular place of business, whether it be a house or a vacant lot or elsewhere, open at all times in regular business hours and at the same place, who shall offer for sale goods, wares and merchandise shall be deemed peddlers under this ordinance. All persons who keep a regular place of business, open at all times in regular business hours and at the same place, who shall, elsewhere than at such regular place of business, personally or through their agents, offer for sale or sell and at the time of such offering for sale, deliver goods, wares, and merchan- dise shall also be deemed peddlers as above, but this ordinance shall not apply to those who sell or offer for sale in person or by their employees ice, wood, charcoal, meats, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruits, or other family supplies of a perishable nature or farm products grown or produced by them and not purchased by them for sale. But a dairyman who uses upon the streets of this Town one or more vehicles may sell and deliver from his vehicles, milk, butter, cream and eggs in this Town without procuring a peddler's license. Sec. 28-2a. License - Required. It shall be unlawful for an itinerant merchant or peddler to engage in such business within this locality without first obtaining a license therefore in compliance with the provisions of this chapter. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. Sec. 28-2b - Same--License not required by this Chapter (a) This Chapter shall have no application to the following: (1) Wholesale merchants or peddlers who sell to licensed dealers or wholesalers only; a regular wholesale dealer who shall at the same time sell and deliver merchandise to retail merchants; (2) Persons selling meats, milk, butter, eggs, poultry, fish or other seafood, game, vegetables, fruits or other family supplies of a perishable nature or farm products which have been raised, grown, caught, or harvested by the seller and not purchased by the seller for resale; (3) Persons selling used or secondhand household goods or personal effects or handcraft items from flea market stalls; and (4) Persons selling their own used or secondhand household goods or personal effects from their place of abode to the extent such sales are permissible under the Code of the Town of Pulaski, as amended. (5) Persons selling food items, candies, magazine subscriptions, and agricultural materials for charitable entities. October 9, 1984 ~~~~ (6) Other charitable organizations which hold fund raising activities on an annual or semiannual basis of which all proceeds of the sale are realized by the charitable organization. (7) Peddlers or itinerant vendors who have a current license or permit issued by either the County of Pulaski, Virginia, or the Town of Dublin, Virginia. Sec. 28-3. Same--Application. Applicants for a license under this chapter shall file a written sworn application signed by the applicant, if an individual, by all partners if a partnership and by the president if a corporation, with the (officer) showing: (a) The name of the person having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the town; the local address of such person while engaged in such business; the permanent address of such person; the capacity in which such person will act (that is, whether as proprietor, agent or otherwise); the name and address of the person for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated. (b) The place in the town where it is proposed to carry on applicant's business, and the length of time during which it is proposed that the business shall be conducted. (c) The place, other than the permanent place of business of the applicant, where applicant within the six months next preceding the date of the application con- ducted a transient business stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted. (d) A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the town, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample, at auction, by direct sale or by direct sale and by taking orders for future delivery, where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time the application is filed. (e) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the treasurer, copies of all advertising, whether by handbills, circular, newspaper advertising or otherwise, shall be attached to the application as exhibits thereto. (f) Whether or not the person having the management. or supervision of the applicant's business has been convicted of a crime, misdeameanor or the violation o~ any municipal ordinance, the nature of such offense and the punishment assessed therefor. (g) Such other reasonable information as to the identity or character of the person having the management or supervision of applicant's business or the method or plan of doing such business as the treasurer may deem proper to fulfill the purpose of this chapter in the protection of the public good. Sec. 28-4 - Fees (a) There is imposed upon every itinerant merchant or peddler selling new furniture, televisions, radios, space heaters or other appliances, audio, video or other electronic equipment, computer equipment, or hardware, rugs, clothing or footweat, watches or jewelry, tools or hardware, automotive parts or equipment, paintings or art objects, stuffed animals or toys, if such items are not manufactured or made by the seller, a tax of $500 per year immediately upon engaging in such activity. (b) There is imposed upon every itinerant merchant selling merchandise or wares other than those enumerated in subparagraph (a) above a tax of $30.00 per year immediately upon engaging in such activity. (c) There is imposed upon every peddler selling merchandise or wares other than those enumerated in subparagraph (a) above a tax of $30.p0 per year immediately upon engaging in such activity. Sec. 28-5. Same --Investigation of applicant; issuance. Upon receipt of an application under this chapter, the treasurer shall request the chief of police to make an investigation of the applicant's business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of-the investigation, the character and business reputation appear to be satisfactory, the treasurer shall so certify in writing, and upon compliance with other provisions of this chapter, a license shall be issued by the treasurer. The treasurer ~-~[~(~ October 9, 1984 N shall keep a full record in his office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license and the name of the person authorized to carry on the same. Sec. 28-6 Same--Term All licenses issued under the provisions of this. chapter shall expire 365 days after the date of issuance. Sec. 28-7. Same-Display; Separate license for each place of business The license issued under this chapter shall be posted conspicuously in the place. of business named therein. In the event that such person applying for the license shall desire to do business in more than one place within the Town, separate licenses may be issued for each place of business, and shall be posted conspicuously in each place of business. Sec. 28-8. Same--Transferability. No license shall be transferred without written consent from the treasurer, as evidenced by an endorsement on the face of the license by the treasurer showing to whom the license is transferred and the date of the transfer. Sec. 28-9. Same--Revocation. (a) The permits and licenses issued pursuant to this chapter may be revoked by the treasurer, after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation or false statement contained in the application. (2) Fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise. (3) Violation of this chapter. (4) Conviction of the licensee of any felony or of a misdeameanor involving moral turpitude. (5) Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to con- stitute a menace to the health, safety or general welfare of the public. (b) Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his last known address, at least five days prior to the date set for the hearing. Sec. 28-11. Service of Process Before any license shall be issued for engaging in business as an itinerant merchant or peddler in the town, such applicant shall file with the treasurer an instrument nominating and appointing the treasurer, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the business transacted under the license, which instrument shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon the agent, and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this Chapter, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the treasurer, as herein provided, the treasurer shall send to the licensee at his last known address, by registered mail, a copy of the process. Sec. 28-12. Loud noises and speaking devices. No licensee under this chapter, nor any one in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the town or upon any private premises in the town where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard from upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. Sec. 28-13. Records The chief of police shall report to the treasurer any complaints against any person licensed under the provisions of this chapter and any conviction for vio- lation of this chapter. The treasurer shall keep a record of all such licenses and of such complaints and violations. [1 i I I,~ October 9, 1984 ~~)1 ti Sec. 28-14. Appeals from decisions of town treasurer Any person aggrieved by the decision of the treasurer, in regard to the denial of application for license as provided for in section 28-5 or in connection with the revocation of a license as provided for in section 28-9, shall have the right to appeal to the council. Such appeal shall be taken by filing with the council within fourteen days after notice of the decision by treasurer has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in section 28-9 for notice of hearing on revocation. The order of this Council on such appeal shall be final. Sec. 28-15. Enforcement of chapter (a) Summons for violation of chapter (1) Any person who, having been served by the .police officer with a summons to appear before the general district court of the County to answer a charge of a violation of the provisions of this chapter, fails to make such appearance shall be guilty of a Class 2 misdeameanor and Code of Virginia (1950) as amended. (2) Any person violating any provision of this article shall, upon conviction, be guilty of a Class 2 misdemeanor and subject to the penalties set forth in section 18.2-11 (b), Code of Virginia (1950) as amended. (3) Each day on which any person, firm or corporation conducts or attempts to conduct business in violation of this Chapter shall be deemed a separate offense. (b) It shall be the duty of the police officers of-the town to examine all places of business and persons in their respective territories subject to the provisions of this chapter, to determine if this chapter has been compiled with and to enforce the provisions of this chapter against any person found to be violating, the same. Sec. 28-16. Severability of Provisions The provisions of this Chapter are hereby declared to be severable. If any clause, sentence, section, or part of this Chapter shall for any reason be adjudged to be invalid, such invalidity shall not affect the parts which are not adjudged to be invalid. Sec. 28-17 - Effective Date This ordinance shall be in full force and effect as of the 15th day of October, 1984. Councilwoman Copenhaver made a motion to refer the Mobile Home Ordinance to MOBILE the Planning Commission, seconded by Councilman Neighbors, and so carried. HOME After the motion was made, there was some discussion about the Ordinance. Town ORD. TO Manager, Mr. McKeever, stated our attorneys advise that if there is a revision PLANN. to an Ordinance, by state code an Ordinance of this matter, changing of the Zoning COMM. ordinance, first needs to go before the Planning Commission; and by the code it should be referred by resolution to the Planning Commission for their review. Chairperson Copenhaver also discussed Personnel Policy/Sick Leave. She stated the Committee is still asked to gather comments and bring comments back, before there would be distribution of the policy as a whole to Council. RESOLUTION WHEREAS, the Town of Pulaski, has been considering a revision to the procedures for placing of mobile homes within the Town Corporate limits, WHEREAS, such revision is to take the form of a mobile home ordinance and such ordinance shall have been reviewed by the Town of Pulaski Planning Commission, NOW, THEREFORE, BE IT RESOLVED by the town Council of the Town of Pulaski sitting in regular session on October 9, 1984, that the proposed mobile home ordinance be referred to the Town of Pulaski Plannign Commission. This resolution shall become effective upon adoption. PUBLIC SAFETY COMMITTEE REPORT Chairman Aust had no report. ~~N~ October 9, 1984 TOWN MANAGER'S REPORT LANDFILL Mr. McKeever stated our Landfill was inspected on September 11, 1984. For the first time our Landfill received a good rating which was up from the satisfactory rating that we received for a period of time. We have some minor repairs to make and our Leachate Control System will have been completed. LAND Mr. McKeever discussed the land exchange for the U.S. Forest Service.. Included EXCHANGE - U.S. FOREST in the packet is the letter of intent from the U.S. Forest Service. This letter of SERVICE intent outlines the Forest Service responsibility of exchanging 272 acres of U.S. Forest Service property for 250 acres of Town property. The Town will be responsib to advertise the exchange and to provide a certified land survey of Town land to be exchanged with the U.S. Forest Service. The Mayor is responsible for signing the letter of intent. Once the Mayor has signed the letter, we can begin the advertisements. Once it has been run and there are no objections, both U.S. Forest Service and the Town can begin survey of the property. Councilman Boyd made the motion to authorize the Mayor to sign the letter of intent seconded by Councilman Neighbors, and so carried. Mr. McKeever also discussed the rate increase from Appalachian Power Co. Council authorized the Treasurer to withhold 20~ of our payments to APCo, while the rate increase negotiations were being conducted by the Steering Committee for the Virginia Municipal League. He believed the Virginia Municipal League APPALACHIAN had reached a very good settlement for municipalities and Council should authorize POWER CO. us to sign the contract with Appalachian Power Co. CONTRACT Councilman Crawford made the motion that we accept the contract, seconded SEWER PROJECTS by Councilman Boyd, and carried. Mr. McKeever stated we are advertising for bids; the bids for Commerce St. and Route 11 sewer projects will go out this month. The bid opening is scheduled for November 16, 1984. Mr. McKeever stated we scheduled an October 15, 1984, meeting with John Olver at 5:00 p.m. to discuss the Peppers Ferry contracts. We have also attached a draft of the Last User Agreement to this report for your review. Mr. McKeever advised Michael Ray Oliver had made application to place a mobile home on a lot located at 1513 Case Knife Road. A public hearing should be scheduled at the next regular meeting on October 23, 1984, at 7:00 p.m. Council- man Boyd made a motion that public hearing be scheduled for the next Council Meeting to be held October 23, 1984, regarding mobile home application of Michael Ray Oliver, seconded by Councilman Neighbors and so carried. Councilman Crawford made a motion that Council go into Executive Session on a legal and contractural matter under section 2.1-344, subsection 6 of the Code of Virginia, seconded by Councilman Neblett and so carried. At 5:08 p.m. Council went into Executive Session. At 6:22 p.m. Council returned to Regular Session. At 6:23 p.m. Councilman Boyd made a motion to adjourn, seconded by Councilman Crawford and carried. APPROVED: ATTEST: Mayo Ac ing Clerk of Council