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HomeMy WebLinkAbout01-08-85January 8, 1985 ~~~~ Minutes of the Regular Meeting of the Pulaski Town Council held January 8, 1985, 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: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey of the news media Vicki Futrell Jim Griffith, C & P Telephone Co. Larry Miller The invocation was given by Councilman Neblett. The minutes of the regular meeting of December 18, 1985, were approved as published. Mr. Jim Griffith, representing C & P Telephone Company, addressed Council regarding C & P telephone rates. The breakup of Bell system occurred in January, 1984, and this was RE: SENATE BILL 239 agreed to by AT&T, their former parent company. Since that time, rates have risen in Pulaski from over 50~ for residential customers to over 77~ for business customers. Mr. Griffith stated C & P did not ask for these changes, and the telephone company does not want to negotiate telephone rates with Virginia Municipal League because they see it will increase their cost of doing business with residential and business customers, as then rates will be higher where any benefits the VML is able to get for the towns at lower rates. Mr. Griffith stated Senate Bill 239, if passed, will place the jurisdiction for rates for municipalities under the State Corporation Commission and Virginia is the only state that allows municipalities to negotiate for telephone rates. A vote to oppose Senate Bill 239 will be a vote in favor of the special interest, VML and municipalities; a vote in support of Senate Bill 239 will be a vote in favor of interest of customers as a whole. The franchise that C & P has with the Town provides eleven free lines per month in return for allowing C & P to use public places in Town to place their poles and conduits in. In addition to this, the telephone company is allowed to collect a utility tax. Everytime the telephone rates go up, the Town receives the benefit of additional dollars from this tax. Mr. Griffith further stated he felt the Town should pay the same rate as any other business customer in the Town. After discussion by Council, Councilman Glenn made a motion that this be given further consideration and study from information possibly from the VML as to further information than what we have received before a decision is made, seconded by Councilman Boyd and carried. As there were no further comments from the public, Mayor Ratcliffe called for Council Committee reports. UTILITIES COMMITTEE Chairman Johnston advised that Peppers Ferry had met and they have written to the various participants in the Authority, asking for a letter or written reply, to their request from the municipalities as to whether they are interested in in- creased capacity over and above that which they have in the Peppers Ferry plant. The Town of Pulaski's capacity is 2.74 million gallons. Chairman Johnston moved that Town Manager be authorized to write the Authority PEPPERS advising them at this time, the Pulaski Town Council is satisfied with 2.74 million FERRY gallons and we feel like it will take care of our needs in the foreseeable future, seconded by Councilman Aust and carried on the following recorded vote: ~~~~ January 8, 1985 John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye James R. Neighbors -Aye Ira S. Crawford - Aye Mary Lou Copenhaver - Aye Glen K. Aust - Aye Chairman Johnston further made a motion for Council to go into Executive Session at end of Regular Session on a legal matter under 2.1-344 (6), seconded by Councilman Neblett, and carried. POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS & NOMINATING COMMITTEE RECREATION Chairman Neblett expressed appreciation to Mr. Larry Miller, Recreation Director DIRECTOR for his expertise in making a better Recreation Department during the short time RESIGNS he has been with the Town. Mr. Miller thanked Council and the Staff for their cooperation in working with him, and he had enjoyed his work with the Town. J. DAVID HART Chairman Neblett moved that Council appoint Mr. James David Hart from Patrick APPOINTED RECREATION Springs as the new Recreation Director, effective February 11, 1985, seconded by DIRECTOR Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye James R. Neighbors -Aye Ira S. Crawford - Aye Mary Lou Copenhaver - Aye Glen K. Aust - Aye Chairman Neblett advised the Personnel Committee had met and they would like to appoint a youth to the Recreation Commission. The statute needs changingas the RECREATION youth term is a one year term, with possibility of reappointment. Statute new reads COMMISSION three year term. Age would be sophomore to senior. Chairman Neblett made a motion that Town Attorney draw up resolution appointing youth representative, Edwin Paul Cox, to the Recreation Commission, with term of one year; reappoint Joe Reed and also appoint Hiwatha Nicely to the Recreation Commission, seconded by Councilman Boyd and carried. Chairman Neblett so moved that resolution be prepared changing term of office on youth to one year term, from January to January, seconded by Councilman Glenn and carried. LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd had no report, however, he had two concerns to bring to Council. COUNCIL REDUCING MEMBERS RESCUE SQUADS Chairman Boyd made a motion to refer to the Ordinance Committee, the possibility of reducing Councilmembers from a total of eight to six. By reduction of two Councilmembers, it would save the taxpayers of the Town $19,200 every four years. Motion seconded by Councilman Crawford 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 Chairman Boyd had another concern he requested to be referred to the Safety Commute for a report back on the rescue squads. Chairman Boyd has been approached by several people that need these services that have had to call Roanoke fo r service. Councilman Aust advised the rescue squads would pick up people and take them COUNCIL MEMBERS SALARIES to hospital, and when returned to home, they are putting it on the private services. Mr. McKeever advised the New River Valley Rescue Squad and the Pulaski County Rescue Squad both serve Pulaski County. There is also a private ambulance serice. He further stated wecould evaluate and see what services are available to Town residents and to inform them of who to call. Councilman Neblett made a motion that the Finance Committee review salaries Janaury 8, 1985 ~~~J of elected officials, to include Council and .the Mayor, compare with neighboring towns and counties, and see if recommendation for a change is necessary, seconded by Councilman Glenn, and carried. RECREATION AND PARKS COMMITTEE Chairman Neighbors had no report. PEPPERS FERRY FINANCE COMMITTEE Chairman Crawford advised the Finance Committee met on January 7, 1985, and moved that the Treasurer be authorized to transfer $22,500 Sewer Fund to pay January, 1985, Peppers Ferry expenditures. This money is to be repaid. Motion seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye James R. Neighbors -Aye Ira S. Crawford - Aye Mary Lou Copenhaver - Aye Glen K. Aust - Aye Chairman Crawford made a motion that the Treasurer be authorized to transfer PEPPERS FERRY $12,500 that was previously approved to be transferred from the Sewer Fund to pay the December Peppers Ferry payment, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye I INSURANCE 1 James R. Neighbors -Aye Ira S. Crawford - Aye Mary Lou Copenhaver - Aye Glen K. Aust - Aye Chairman Crawford advised the Town has been receiving bids on its property and general liability insurance and three bids were received. The low bid received is $15,679 higher than anticipated. Chairman Crawford moved that $15,679 be appropriated to account No. 4302-5302 from General Fund unappropriated surplus to fund payment of billing for property/ liability insurance, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye James R. Neighbors -Aye Ira S. Crawford - Aye Mary Lou Copenhaver - Aye Glen K. Aust - Aye Chairman Crawford advised the Committee discussed the rewriting of the Code ~ TOWN CODE and felt it would be wise to take a look at our Charter which also needs to be updated. Approximately 45 new code books would be received. A few of these could be sold to local attorneys. Cost would be approximately $9,000 which can be paid in four installments. Chairman Crawford moved that $2,000 be appropriated to account No. 1224-3002 from General Fund unappropriated surplus to fund the first quarter's payment for our Town Code update, seconded by Councilperson Copenhaver 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 Chairman Crawford stated the Committee had discussed the 83-84 audit and it was their feeling they had done a very good job on the audit. Council requested to AUDIT review the audit and questions could be answered at next meeting. At that time, if there are no objections, Council will be requested to approve the audit. __. Chairman Crawford advised the Police Department had ordered uniforms totaling ~~ January 8, 1985 $1,400 during the previous budget year. The invoice did not come in until this POLICE- budget year and by paying the invoice this budget year, most of the uniform allowance UNIFORMS will be used up in our present budget. With the new uniforms, they do not anticipate the Police Department needing any further monies for uniforms, therefore, the Committee made the decision not to make any additional appropriation at this time.Chairman Crawford presented and read a resolution honoring the Pulaski County Cougar Football Team, and so moved adoption of resolution as amended: Resolution to be framed and properly presented. Motion 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 COUGAR FOOTBALL TEAM RESOLUTION HONORING THE PULASKI COUNTY COUGAR FOOTBALL TEAM WHEREAS, the Pulaski County Cougar Football Team, under the direction of Coach Joel Hicks and his Staff, recently completed their 1984 footbal l season with a 10-3 record, including undefeated playing in the Roanoke Valley District; and, WHEREAS, by virtue thereof, the Cougars have won or tied the ROANOKE VALLEY DISTRICT CHAMPIONSHIP for four consecutive years; and, WHEREAS, the Cougars have won the Northwest Region AAA Championship for the second time; and, WHEREAS, the Cougars did reach the semi-finals in the State AAA Championship, NOW, THEREFORE, be it RESOLVED by the Town Council of the Town of Pulaski Virginia, sitting in regular session on the 8th day of January, 1985, that the members of the Pulaski County High School Cougar Football Team, together with the coaches and staff members, do and hereby are recognized as having brought great credit to the Pulaski area and that this Resolution is passed in appreciation of the fine example set by these players, coaches and staff. This Resolution is effective upon adoption. And is adopted this 8th day of January, 1985. Coach Hicks and couple of players will be invited to attend one of our Council Meetings. Mayor Ratcliffe stated he was in full accord with this resolution. Mr. McKeever is to write letter to Coach Hicks inviting him to an evening meeting. ORDINANCE COMMITTEE: Chairperson Copenhaver advised the Mobile Home Ordinances were before Council. Ordinance Amending Existing Chapter 27 of the Town Code and redesignating Certain Sections as Chapter 27.1 and Ordinance Amending the Zoning Ordinance of the Town of Pulaski, Virginia, to provide for the Regulations of Individual Mobile Homes.Mr. Terwilliger read ordinance pertaining to Chapter 27 of the Town Code. and ordinance regarding zoning. Chairperson Copenhaver moved that we adopt ordinance amending the existing Chapter 27 of the Town Codeand Redesignating certain Sections as Chapter 27.1, with an effective date of January 8, 1985, seconded by Councilman Neblett and Carrie 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 ORDINANCE ORDINANCE AMENDING EXISTING CHAPTER 27 AMEND CHP. 27 OF THE TOWN CODE AND REDE SIGNATIING CERTAIN SECTIONS AS CHAPTER 27.1 BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, that chapter 27 of the Code of the Town of Pulaski be amended as follows: (1) Section 27-3 of said chapter is hereby deleted, and, (2) The remainder of said chapter 27 is hereby renumbered as chapter 27.1 January 8, 1985 ~~~ with each remaining section being renumbered accordingly, and the title of said chapter 27.1 shall be "Trailer or Mobile Home Parks"; and, (3) Chapter 27 as attached hereto and made a part hereof, known as the Mobile Home Ordinance of the Town of Pulaski, Virginia" is hereby adopted. This Ordinance is effective upon its passage or adoption. This Ordinance is adopted this 8th day of January, 1985. Copenhaver made a motion to adopt the Zoning Ordinance of the Town of Pulaski, VA to provide for the regulation of individual mobile homes with an effective date of January 8, 1985, seconded by Councilman Neblett 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 ORDINANCE AMENDING ORDINANCE AMENDING THE ZONING ORDINANCE ZONING ORD. OF THE TOWN OF PULASKI, VIRGINIA TO PROVIDE FOR THE REGULATION OF INDIVIDUAL MOBILE HOMES BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 8th day of January, 1985, that the Zoning Ordinance of the Town of Pulaski be and hereby is, amended to provide for the placement of individual mobile homes in the Town of Pulaski, Virginia, by the additional of the following: 12-7 MOBILE HOMES 12-7.1. The placement of mobile homes within the Town of Pulaski in any location other than a mobile home park or a mobile home sub- division shall be deemed a "special exception" and shall require a "special use permit". In order to be granted such a permit, an applicant must conform with Chapter 27 of the Code of the Town of Pulaski, Virginia, as amended on January 8, 1985, which chapter is incorporated herein by reference as is set out in full. This ordinance is adopted this 8th day of Janaury, 1985, and is effective on adoption. Adopted by recorded vote of the Council. CHAPTER 27. Article I. In General. Sec.. 2 7-1 . Title . This Chapter shall be known as the "Mobile Home Ordinance of the Town of Pulaski, Virginia." Sec. 27-2. Purposes. The purposes of this Chapter are: (1) To promote the safety, welfare, and health of the residents of the Town and to eliminate and prevent health and safety hazards; and, (2) To achieve those goals and purposes set forth in the zoning crdinance of the Town of Pulaski; and, (3) To recognize and promote the potential benefits that mobile homes cffer as attractive, economical single-family dwellings and offices; and, (4) To promote and recognize the Pc:t.ential benefits of maintaining the character and value of existing neighborhoods comprised in whole or in part of structures constructed by conventional, on-site construction; and, ~~2 January 8, 1985 (5) To provide for the orderly integration of mobile homes with on-site construction so that the benefits of mobile homes and the benefits of on-site construction are preserved insofar as is reasonably possible. Sec. 27-3. Authority. This Chapter is enacted pursuant to the authoirty granted in the Charter for the Town of Pulaski, Virgini, and the authority granted in the 1950 Code of Virginia, as amended. Sec. 27-4. Definition:;. For the purpose of construing this Chapter, the following words and phrases shall be construed to have the following meanings, respectively: Manufactured Building. Any structure having the fcllowing characteristics: (1) it is mass-produced in a factory; (2) it is designed and constructed for transpc•rtation and use when connected to required utilities; (3) It is either an independent, individual building or a module for combination with other elements to form a building on site. Manufactured Housing. A manufactured building or portion of a building designed for long-term residential use. Mobile Eome. A structure, transportable in 1 or more sections, which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, is .320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the recuired utilities, and includes the plumbing, heating, «ir-conditioning, and electrical systems contained therein. Industrialized Building Unit. A building assembly or system of building subassemblies, including the necessary electrical, plumbing, heating, ventilating or other service system:, manufactured off-site and transported to the point of use for installation or erection, with or without other spF~cified components, as a finished building or as a part of any finished building comprising two or more industrialized building units, and not designed for ready removal to or installation or erection on another site. Sec. 27-5. Scope. (1) This Chapter is intended to be a subsection of the Zoning Ordinance of the Town of Pulaski. The requirements of this Chapter are in addition to, and not in lieu of, the other requirements of said Ordinance, unless otherwise expressly stated. Amendment shall be mz~de in the same manner as Amendments to the Zoning Ordinance. (2) This Chapter shall apply to any mobile home placed in tl-~e Town of Pulaski, except those placed in mobile home parks or mobile home subdivisions. (3) This Chapter shall apply to all such mobile homes, whether or not they are affixed to a permanent foundation and whether or not their wheels, trailer hitches, or transporting devices are removed. (4) r:o such mobile home shall be located, installed, or erecter or implaced within the Town of Pulaski, except in accordance with this Chapter and all other Codes and Ordinances or ru1ES and regulations applicable to such action. Sec. 2~-6. Exclusions from Chapter. January 8, 1985 '7'73 (1) Manufactured buildings and industrialized building units, other than mobile homes, shall be considered to have the same status as on-site construction and shall be placed within the Town in accordance with all Ordinances and Codes ~:nd Rules and Regulations applicable thereto. Sec. 27-7. Classification of Mobile Homes. (1) Mobile Homes shall be classified as follows: (A) New mobile homes certified as meeting the Mobile Home Construction and Safety Standard:, of the Department of Housing and Urban Development (HUD) in effect on the date of their manuf acture. (B) New mobile homes certified as meeting all safety regulations regarding their manufacture promulgated by the Virginia Department of HoL~sing and Community Development. (C) Used mobile homes certified on the date of their manufacture to meet either said Ht~D Standards or Virginia Department of Housing and Community Development standards, and found on inspection to be in excellent condition and safe and fit for residential occupancy. (D) Used mobile homes, whether or not certified as meeting HUD cr Virginia codes on the date of their manufacture, found on inspection to be in good condition and safe and fit for residentia] occupancy. (E) Used mobile homes, whether or not certified as meeting HUD or Virginia standards, found on inspection to be ir. fair condition, to have visible external damage. (F) Used mobile homes, whether or not certified as meeting HUD or Virginia codes, found on inspection to be in poor. condition and unsafe and/or unfit for residential occupancy. Article TI. Prodedures. Sec. 27-8. Summary of Procedures. (1) Qualified applicants shall file with the Zoning Administrator an application on a form furnished by said Administrator, together with the appropr~.ate application fee. (2) Within seven (7) days of the receipt of said ---- _-- application and fee, the Administrator shall advertise said application. (3) Not less than seven (7), no more than ten (10) days after the date of said advertisement, the Zoning Administrator shill rule on said application. (4) If said application is approved, a Mobile Home Permit will be issued by the Zoning Administrator. Said permit shall become effective fourteen (14) days after i_ts date of issuance, unless an appeal is noted as hereinafter set. forth. Any person owning real estate within 500 feet of the proposed mobile home location shall have the right to appeal the granting of the Mobile Home Permit by filing a written notice for hearing with the Board of Zoning Appeals within fourteen (14) days from the date cf the granting of the Mobile Home Permit. The filing of this notice for hearing shall act as an automatic stay of the effective date of the permit until such time as the Board of Zoning Appeals hands down its ruling on the appeal. (S) If said application is approved, the applicant shall have ninety (90) days from the effective date of said Mobile Heme Permit in which to place said mobile home on the proposed site ir. conformity with all other zoning, building, health and safety ordinances, and regulations so that a Certificate of Occupancy (Use 1 may be issued . __ ~~~(~ January 8, 1985 • (6) If the application is denied, the applicant may a~,peal said denial to the Board of Zoning Appeals by filing a written notice for hearing with. the Board of_ Zoning Appeals within thirty (.30 ) days from the date of said denial . (7) The Board of Zoning Appeals shall hold an advertised public hearing on the denial of said application and will rule not more than sixty (6U) days after the receipt of a notice. of appeal. (8) Any party aggrieved by the decision of the Board of Zoning Appeals shall have the right to appeal said decision in accordancE with Section 15.1-497 of the 1950 Code of Virginia, as amended . Sec. 27-9. Limitations on Applications. (1) Applications for Mobile Home Permits will be accepted cr.ly from owners of the proposed site upon which the mobile home is to be placed and from bona fide prospective purchasers of said proposed site. The permit, if any, that is issued to a bona fide prospective purchaser shall be conditioned upon the purchase of the subject property by the app]icant within ninety (90) days from the insurance of the permit. In the event that the property is not purchased by the applicant, then the permit shall become void without further action by the Town. (2) Applications may be by any or all of the above parties, provided, however, that any rights of appeal contained herein shall accrue only to the applicant or applicants named in the original application. (3) In the event that the application is withdrawn or a permit is denied, or is voided in acccrdance with this Chapter, no new application for any mobile home shall be accepted in reference to the same lot or portion thereof within eighteen (18) months from the date of the submission of the prior application. Sec_ 27-10. Form of Application. (1) The application for a Mobile Home Permit shall contain the following information: <<. The names, street addresses, mailing addresses (if different from the street addresses), and telephone numbers of the applicant, mobile home owners, and site owners. b. The legal description (including make, year, model, size, and identification number) of the mobile home and its present location. c. The street address and tax maP number of the proposed site of the mobile home. d. A statement as to the approximate distances the mobile home shall have from all property lines, streets, and other buildings when placed on the site. e. Whether the mobile home will utilize private or public water supply and/or waste disposal and a description of the same . f. If the application is for a Temporary Permit, it shall also contain: (1) For a construction permit, the name, address and telephone number of the general contractor; the dates on which construction is scheduled to commence and end; a description of the- construction contemplated; and a description of the use to which the mobile home will be put. January 8, 1985 ~~~ (2) For a hardship permit, the name, address and telephone number of the proposed occupant of the mobile home; a statement as to the relationship of the applicant and the person undergoing medical hardship; the proposed length of time that the trailer will be on the proposed location; a certificate from the treating physician as to the medical necessity involved; and a brief statement as to the need for a temporary permit. g. All applications shall contain an attestation by the applicant that all information contained therein is true 8nd correct, and all applications shall be shred by the applicant. (2) Any material misrepresentation on said application shall be grounds for the denial of the mobile home permit. Sec. 27-11. Processing of Application by the Zor.in~c Administrator -'-" (1) Within seven (7) days of the receipt and the application, the zoning administrator shall mail a notice to all persons owning property within 500 feet of the proposed site Cat their address as recorded on tax record of this town) and shall subrt:it the same notice for publication in a newspaper of general circulation in the Town, which notice shall contain the fact of application, the name of the applicant, the name of the site owner, the street address or a brief description of the proposed site, and a date certain not less than seven (7), no more than ten (10) days, from the date of said advertisement, on which a ruling will be made by the Zoning Administrator on, the application; together with a notice that written or oral comments by interested parties shall be accepted by the zoning administrator for a period of seven (7) days from the date of said application . (Z) During the period between the receipt of the application and the date set forth for ruling on the application in said advertisement, the zoning administrator shall make such investigation as is reasonably necessary to verify the information set forth in the application. The zoning administrator shall be deemed authorized to enter any premises proposed as a site for a mobile home or any premises upon which tre mobile home is stored for purposes of gathering such information. M (3) Any comments received in response to the advertisement shall be consider only insofar as they are reasonably related tc the criteria set forth in this chapter for the approval or denial of permit. The Zoning Administrator shall preserve in his - __ rECOrds any written comments. He shall have no obligation to. preserve any oral comments, although he shall do so where his findings are based in whole or in part on oral comments. (4) The zoning administrator is further authorized to consult with building officials, health officials, and similar officials to determine that there is a substantial likelihood that all health, safety, building, and sanitation requirements shall be met. (5) On the date certain set forth in said the zoning administrator shall rule on the accordance with the provisions of this chapter. advertisement,; application in '. (6) If the zoning administator approves said application, a! mobile hort;e permit shall be issued. Such mobile home permit shall be conditioned upon the applicant's compliance with ~~11 building, safety and sanitation codes, rules, or regulations, as well as the provisions of this chapter. The permit shall become effective fourteen (14) days from its date of issuance, unless an appeal is noted as set forth below. Such permits shall be valid for a period of ninety (90) days from its effective date and such compliance must take place within said ninety (90) day period. Thereafter, such permit shall be deemed acid and the owner of the proposed site and the owr.~er of the trailer and the applicant shall be jointly and severally responsible for the removal of the mobile home from the proposed .site within five (5) days thereafter. (Except that the period in which an appeal must be 'filed in fourteen (14) days as opposed to thirty (30) days for +the applicant. (~~ January 8, 1985 (7) Where the application is approved, any party living within 500 feet can file a written appeal with the Board of Zoning Appeals within fourteen (14) days. Thereafter, the appeal shall be treated in the manner set forth ire Section 27-14. (8) Where the application is denied by the zoning administrator, said denial shall be in writing and shall set forth the findings and facts upon which the application was denied. The applicant may take an appeal from the action of the zoning administrator by tiling a written notice of appeal with the Board of Zoning Appeals within thirty (30) days after the denial appealed from, in accordance with Section 27-24. Sec. 27-12. Procedures After a Permit Becomes Effective. (1) After a permit becomes effective and prior to the issuance of a Certificate of Occupancy (Use) a zoning administrator, building inspector, health inspector and any other official charged with insuring compliance with any safety, health, sanitation, or zoning law, may enter upon the proposed site and into the mobile home for such inspections as are reasonably necessary to insure compliance with all laws and rules and•regulations. (2) Upon notification by the applicant that the mobile home i.s ready for final inspection for a Certificate of Occupancy (Use), such inspection shall be made within three (3) buisness days . (3) In the event that such a certificate is denied, and no remedial action is taken as herein set forth, the applicant and site owner shall be jointly and severally responsible fob the removal of the mobile home from the prcposed site within five (5) days after the date of denial or the date of the expiration of any extention Granted by the zoning administrator (as hereinafter set forth), whichever is later. Sec. 27-13. Remedial Extensions. (1) Notwithstanding the processing time limitations set forth in Section 27-11, the zoning administrator is authorized to grant an extension of not more than thirty (3U) days to the applicant, upon the request of the applicant, where it appears that conditions exist that would result in the denial of the application, but the zoning administrator has a factual basis tc reasonably believe that remedial action can be taken by the applicant or some other party during said extension to correct or remove such condition. (2) In reference to the ninety (90) day period following the issuance of a mobile home permit, the zoning administrator is authorized to extend said period by not more than thirty (30) days, upon request of the applicant, where it appears either during the course of interim inspections or during the final inspection for a Certificate of Occupancy (Use) that conditions exist which would result in the denial of a Certificate of Occupancy (Use), but the zoning administrator has factual basis to reasonably believe that remedial action can be taken during said thirty (30) day period to correct or remove such conditions. (3) Nothing contained in this Section•or elsewhere in this Chapter shall be deemed to restrict the power of the zoning administrator, building inspector, or health inspector from ordering a cessation of work or such other action as is necessary to maintain the public safety, where such authority is otherwise conferred by law. 1 January 8, 1985 I ~~~ Article III. General Prerequisites for Permit. Sec. 27-14. Findings Necessary for Issuance of Fermit. . No mobile home permit shall be issued unless the following findings are made by the zoning administrator upon the original application or the Board of Zoning Appeals upon an appeal: (1) That the subject mobile home is a Class A, B, C, or D mobile home as set forth in this Chapter; and, (2) That the proposed site for a mobile home intended for residential use or for any combination of residential and home/office use is located in an R2 or P.l District; or, where the mobile home is strictly for office use, that the proposed site is in a Bl, B2, Al or M1 District; provided, however, that this finding shall not be necessary for temporary permits issued in acccrdance with this Chapter; and, (3) The information set forth on the application is correct; and, (4) Placement of the mobile home on the proposed site shall be in conformity with all area, setback, frontage, yard, parking, sign, utility, and water and sewer regulations applicable to the same use by a conventional builiing on the same site. (5) That the placement of a mobile home will not change the character of existing neighborhoods in a significantly detrimental manner. Sec. 27-15. Neighborhood Impact Criteria. In determining whether or not the placement of a mobile hort~E would change the character of existing neighborhoods in a significantly detrimental manner, the following information will be gathered by the zoning administrator and will be considered: 1. The approximate number of mobile homes already located within a five hundred foot radius of the proposed site, and the approximate distance of the same from the proposed site. ~ 2. The approximate ratio of multi-story to single-story structures within a five hundred foot radius of the proposed site . 3. The approximate ratio of the square footage of the proposed mobile home to the approximate average ground floor square footage of structures within a five hundred foot radius of the proposed site. 4. The ratio of the estimated assessed tax evaluation of the mobile home and sites when installed to the approximate average assessed tax evaluation of structures within a five hundred foot radius of the proposed site. Article IV. Responsibilities of Applicant. Sec. 27-16. Mobile Home Permit as Building Permit. (1) The mobile home permit as issued upon the approval of the application, shall be deemed to be a building permit. It shall be deemed to be permission to begin site preparation and placement of the mobile home in accordance with the Town Building Code, and all health and safety laws and ordinances and rules and regulations. It shall be the responsibility of the applicant to insure compliance with all such Codes or laws, rules or regulations, (including but not limited to obtaining any necessary inspections, permits and certificates) and a violation 'thereof shall be grounds for revocation of the mobile hcme permit. ~~~~ January 8, 1985 (2) It shall be the responsibility of the applicant to complete placement of the mobile home so that it is suitable for the authorized use and to notify the zoning administrator that it is ready for a use and occupancy inspection within ninety (90) days of the issuance of the mobile home permit. Any failure to complete placement of the mobile home, or to advise the zoning administrator for the readiness for inspection within said ninety (90) days shall cause the mobile home permit to be null and void. (3) At all times during the site preparation and placement of the mobile home and until such time as the mobile home is certified as suitable for use and occupancy, the mobile home permit will be displayed in public view on the proposed site. Sec. 27-17. Additional Installation Provisions. (1) Mounting and anchoring shall be achieved according to the manufacturer's specifications. However, mounting and anchoring shall not be less than the requirements of the Mobile Home Safety Regulations adopted by the State Board of Housing and Community Development. -, (2) The pier footers shall not be less than 16 inches by 16 inches square and four inches thick. The top of the pier footers shall not be less than 18 inches below finish grade. _ _.. ___. __-_ (3) Each mobile home shall have not less than one stoop or porch which shall be not less than 40 inches by 40 inches square and securely anchored; if the stoop or porch is more than 30 inches from finish grade, it shall be protected with a guard and hand rail and shall be constructed from any type of waterproof materials. (4) All tires shall be removed or deflated upon the date of setting up the mobile home. Sec. 27-18. Certificate of Occupancy (Use) Required. A mobile home shall not be used or occupied in whole or in part until the Certificate of Occupancy (Use) shall have been issued . Sec. 27-19. Penalty. It shall be unlawful for any owner or other person to violate any of the provisions of this Chapter. Any such violation shall be deemed a Class 4 Misdemeanor and any owner of such or such other person convicted of such a violation shall be punished by a fine consistent with the existing laws of the state concerning misdemeanors of not more than $500.00. Article V. Temporary Permits. Sec.. L`l-L0. Definition. A Mobile Home Temporary Permit shall be authority f or the placement of a mobile home upon a designated site for either of the two (2) following purposes: (1) To provide for temporary living quarters and/or office space for construction personnel during the construction of permanent structures on a given site; and, (2) To provide for temporary living quarters as an accessory to an established dwelling where either an occupant of the dwelling or the mobile home is under a medical disability so that the temporary placement of a mobile home could alleviate hardship in the caring for such person under disability. Sec. 27-21. Temporary Permits for Construction. (1) A temporary permit shall be issued without regard to the zoning map or mobile home classification to bona fide contractor or other party already possessing a valid building permit for a permanent structure on the site for which the ~~ 1 January 8, 1985 ` ( ~9 temporary mobile home permit is issued. (2) Placement of a mobile home under such a permit shall be not more than thirty (30) days prior to the start of construction. (3) Any mobile home placed on a site pursuant to this Article shall be removed upon the occurence of the first of the following events: (a) A substantial stoppage or interruption in construction lasting thirty (30) days or longer, even though the construction project may not be complete; or, (b) Within fifteen (15) days of such time that the building inspector determines the construction project has been completed; provided, that fifteen day extensions may be granted for good cause shown. (c) One year from the date of the issuance of the Use and Occupancy Permit for such mobile home; provided, however, that three (3) additional extensions of up to six (6) months each may be granted for good cause shown. (4) Subsequent Permits. No temporary permits for construction shall be issued within one (1) year from the expiration of a temporary permit or any renewals thereof for the same construction project or site. (5) Use and Occupancy Permit. No Use and Occupancy Permit shall be issued for a mobile home placed temporarily on a construction site unless the mobile home conforms to all reasonable requirements set forth by the building inspector in regard to safety and sanitation. Sec. 27-Z2. Temporary Permits for Medical Hardship. (1) Notwithstanding a finding that a given mobile home placement permit should be denied, an applicant may still be ' allowed a temporary permit in case of medical hardship where the mobile home is to be used as an accessory dwelling to an established dwelling where: ' (a) The applicant provides a statement from a treating physician that the resident of either the dwelling or the proposed mobile home has a medical condition which necessitates care and attention from the other such resident. (b) The size of the dwelling is such that residence within the dwelling by both the subject and giver of such care would be highly impractical . ---- ~--- i (c) The giving of such care is the primary and bona fide purpose of applying for the temporary permit. (2) Any mobile home placed on a site pursuant to this! Article shall be removed upon the occurrence of the first of the following events: (a) The expiration of one year from the date of issuance of the Use and Occupancy Permit; provided, however, thaty one (1) ninety (90) day extension may be granted for good cause shown . (b) Within thirty (30) days of the death of the person! for whom care was being provided. (c) Within ten (10) days of any absence from the dwelling or mobile home by the care provider for a period of, fourteen days or longer. (d) Upon the sale of the dwelling. (3) h Such a permit shall be nontransferrable and no medical' ardship permit shall be issued within one (1) expiratio or site . n of a prior permit year for the substantially sam from. thel e parties.: ~~~o January 8, 1985 Sec. 27-23. Applicability of other Provisions. Nothing contained in this Article shall relieve the owner or occupant of any mobile home for which a temporary permit is issued from complying withalth slawsckandquregulationsbuilodhe9wase'', safety codes, and he applicable. In the case of a medical hardship permit, thel setbacks for the mobile home shall be those of a dwelling, not; an accessory building. Article VI. Appeal to the Board of Zoning Appeals. Sec. 27-24. The mailing of notices as set forth in this be procedural and not substantive in nature; that the manner in which notices are mailed shall not permit that is issued. Sec. 27-25. Rights and Procedures. chapter shall', is, a defect in '. invalidate any'; (1) An appeal from an action of the zoning administrator must be tkaen by the applicant to the Board of Zoning Appeals. Such an appeal shall be taken within thirty (30) days after the denial appealed from by filing with the zoning administrator and with the secretary of the Board, a notice of appeal. specifying the grounds thereof. The zoning administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken, and appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the Board .that by reason of facts stated in the certificate, a stay would in his opinion cause a eminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board of by a court or record on application or on reasonable notice to the zoning administrator and for good cause shown. (2) The notice of appeal shall be accompanied by a certified or cashier's check in the amount necessary for an advertisement for a notice of public hearing, made payable to the Treasurer of the Town. (3) The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof at least one time by publication in a newspaper of general circulation in the Town at least seven (7) days in advance of said hearing, as well as give notice to the applicant and property owners at their addressed contained in the application, and decide the same within sixty (60) days. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirements, decision or determination appealed from, the concurring vote of three (3) members shall be necessary to revere any order, requirement, decision or determination of the zoning administrator or to decide in favor fo the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance. The Board shall limit its consideration to the purposes and criteria set forth in this Chapter, and shall set forth in its record the findings and facts supportive of its action. The Board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the Board and kept as public record. (4) Any appeal from the decision of the Board of Zoning Appeals shall be taken by a petition for a writ of certiorari to the Circuit Court of Pulaski County, in accordance with Section 15.1-497 of the 1950 Code of Virginia, as amended. ~] ~1 i~ January 8, 1985 ryr-y-~~t1 PUBLIC SAFETY'COMMITTEE / // Chairman Aust had no report. REPORT OF MAYOR Mayor Ratcliffe had no report. REPORT OF TOWN ATTORNEY Mr. Terwilliger presented and read resolution establishing new rate for the Town's portion of employee health insurance. Councilman Crawford made a motion to adopt resolution as presented, seconded by Councilman Neighbors 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 EMPLOYEE HEALTH INSURANCE RESOLUTION ESTABLISHING NEW RATE FOR THE TOWN'S PORTION OF EMPLOYEE HEALTH INSURANCE WHEREAS, by a Resolution setting forth a general policy for employee medical and hospitalization insurance adopted on November 5, 1984, the Town Council of the Town of Pulaski did establish that the Town of Pulaski would pay the sum of $48.02 toward the insurance premium of each Town employee who had signed up for the group insurance policy in effect with the Town of Pulaski and Blue Cross/and Blue Shield of Virginia; and, WHEREAS, a replacement group health insurance policy became effective on January 1, 1985, with differing rates and premiums; NOW, THEREFORE, be it RESOLVED by the Town of Pulaski, Virginia sitting in regular session on January 8, 1985, that the Town of Pulaski shall pay the sume of $42.74 toward the insurance premium of each employee who has signed up for the group insurance policy now in effect. The Town does assume this obligation retroactive to January 1, 1985, and does authorize the Town Manager and the Town Treasurer to pay said sum accordingly. It is further RESOLVED that the general policy for employee medical and hospitalization insurance as set forth in the aforesaid resolution of November 5, 1984, shall remain in full force and effect except in the change in the premium reflected herein. This Resolution is effective upon adoption according to its terms. This Resolution is adopted this 8th day of January, 1985. Mr. Terwilliger advised the personnel policy and sick leave changes referred to him would be ready in time for the next Ordinance Committee meeting. REPORT OF TOWN MANAGER MASTER= Mr. McKeever stated a master card account for the Town was needed when staff was CARD traveling for their room reservations, and a resolution is needed approving the application. The resolution would require that we identify those people who are authorized to sign the master card. Councilman Boyd so moved that Town Attorney prepare the proper resolution, seconded by Councilman Glenn and carried on the following recorded vote r 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 Councilman Johnston suggested the Finance Committee form guidelines for the use of this card, along with the Town Manager. Mr. McKeever advised we have been proceeding with the land exchange with the U.S. FOR. U.S. Forest Service and they have requested the Council pass a resolution approving SERVICE LAND EXC, the exchange proposal. This resolution is needed in addition to a signed letter of intent ~~ January 8, 1985 and the final exchange agreement. Councilman Boyd so moved that Town Attorney be authorized to prepare a resolution authorizing the land exchange, 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 Mr. McKeever stated the staff was pleased both with the nature of the 83/84 audit and the fund surplus has significantly increased. They are also pleased with the firm and how the firm has presented the audit. Mr. McKeever reminded Council that the regular meeting scheduled for January 15, 1985, at 7:00 p.m. has been rescheduled to January 22, 1985, at 7:00 p.m. Mr. McKeever requested Council to consider an Executive Session to discuss matters concerning negotiations with our attorney in Richmond. Councilman Johnston so moved to go into Executive Session under 2.1-344 (A6) of the Code of Virginia, seconded by Councilman Neblett and carried. At 5:25 p.m. Council went into Executive Session. At 5:54 p.m. Council returned to Regular Session. At 5:55 p.m. Councilman Neblett made a motion to Adjourn, seconded by Council- man Boyd, and carried. APPROVED: Mayor Attest: ~i~ ~. Clerk of Council