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HomeMy WebLinkAbout04-20-82'7104 Minutes of the regular meeting of the Pulaski Town Council held April 20, 1982 at 7:00 P, M. in the Council Chambers in the Municipal Building. There were present: Rayttto~id F1~' Ratck~f~e, presiding. Councilmembers: John A. Johnston, Andrew L. Graham, Jr ., Pauline G., Mitchell, Alma H. Holston, James M, Neblett, Jr., Robert M, Wallace, C. E. Boyd, Jr., Glen K. Aust Also present: H. R. Coake, Town Manager Gladys R, Dalton, Clerk Garnett S. Moore, Town Attorney Roger A. Williams, Treas/Finance Director Visitors: Dee Lindsey and George Shadroui of the news media Approximately 17 citizens The invocation was given by Councilman Boyd. The minutes of the regular meeting of April 6, and special meeting of April 7, 1982 were approved as recorded. Mayor Ratcliffe welcomed the large number of citizens present, and said Council would hear the public at-this time. Lewis Davidson, who lives on Draper Avenue, just across from Calfee Park, voiced his opposition to an ABC License for Calfee Park for the summer baseball season, and commended Town Manager Coake on his recent article in the Southwest Times regarding the sale of beer at the Park. Mr. Davidson presented a petition from home owners in the neighborhood of Calfee Park opposing the sale of beer at the Park. The petition was received and filed by Council. Mr. Davidson further stated he had called Atlanta and found that Pulaski will only be a co-op club and not aniAtlanta Braves Club as was stated in the Southwest Times. He felt the citizens of Pulaski were being.deceived, and something should be done. Councilman Aust moved that the Town Manager look into this to see what the situation really is. Motion was seconded by Council- woman Holston, and carried. Cane citizen who lives near Calf ee Park complained of vandalism in the past during baseball season a~~ ~rar~d they received no coopera- tion from the Police when they made complaints to them. Another citizen of Lraper Avenue complained that parking was a pro~iem for property owners when games were going on, and complained of the laud noise at the Park after the games. He sugge..tea that this be looked at and make sure these people go home arter the game. April 20, 1982 '105 Councilman ~soyd stated he opposed any alcoholic beverage being use in Calfee Park, and so moved.. Motion was sec onded by Cvunci~m,~n Holston. The motion and second was withdrawn, and Councilman Boyd moved OPPOSE that Council go on record opposing any alcoholic beverages in Calfee Yark ALCOHOLIC BEV, at any activity, Motion was seconded by Councilwoman Holston, and carried CALF EE PARK on the following vote: John A. Johnston - Aye Pauline G, Mitchell - Aye Robert M. Wallace - Aye C. E. Boyd, Jr. - Aye Andrew;L. Graham, Jr. -Aye Glen K, Aust - Aye Alma H.,Holston - Aye James M, Neblett, Jr. - Aye Bill Hager advised he was interested in the Crime Watch Program which has been discussed.. He also advised he operates a Child Care Center at 223 First Street under very strict rules and regulations, and has been inf ormed by the Virginia Division of Justice that certain signs".must be posted in that area, Mr, Hager asked Council to look into this. Councilman Johnston moved it be referred to the Finance Committee to determine the cost of .the signs and design of the. signs and report bade to the Council. Motion was seconded by Councilman Boyd, and carried. Debbit Mitchell appeared bef ore Council and presented a petition addressed to Mr, William F, Randalls, Vice-President, Cablentertainment of Virginia, requesting the removal of CBN from Virginia Beach off of Channel 12 with its replacement-being the PTL Nework from Charlotte, North Carolina; also the removal of WXII - Winston Salem, N. C. from Channel 12 making the PTL Network a-24 hour station with no interruptions for any reason. Ms, Mitchell advised they were told by Mr. Randles that he must have the approval of Council to make the change... Mrs. Mitchell .was .advised that the Town Manager would get in touch .with Mr, RandLes.relative to the petition. The petition was filed with Council.. A request was received from Mrs. Patty Huber, 420 Hill Terrace, for the installation of a-sewer line from Fifth Street to Hill Terrace, Ms. Nora Owens, Manager of Wise Fashions, was present relative to her request for permission to renew-the "Going Out of Business Licensee for an additional thirty or sixty ,days from April 30, 1982... Town Manager ~y~V~ April 20, 1982 Coake states it was his opinion, as provided in Section 14-6 of th e Town Code, that after the renewal procedure is complied with, any extension beyond that would constitute new special sale and should require an additional permit. The situation was discussed further with Mrs. Owens, and Councilman Graham moved that Wise Fashuons secure from the Town Manager's office another permit for sixty (60) days. Motion was seconded by Councilwoman Holston, and carried on the following vote: John A. Johnston - Aye. Andrew;L. Graham, Jr. - Aye Pauline G. Mitchell - Aye, Glen K, Aust - Aye Robert M. Wallace - Aye Alma H. Holston -Aye C. E. Boyd, Jr. - Aye James M. Neblett, Jr. - Aye Councilman Wallace stated he had asked that the proposed Charter change relative to the appointment of department heads be places on the agenda because of his personal experience when seated on the Council. Mr. Wallace stated. that every two years there is an election in May for four Councilmen. These four members are seated at Council's organizational meeting the first of July, at which meeting the Department Heads are either reappointed for a two year term, or are not reappointed. Mr. Wallace stated he felt any new councilman coming on at the July meeting would not be in a position to have the knowledge whether to appoint or reappoint a Department Head, as he had not had an opportunity to become familiar with the position requirements or if the Department Head's perf ormance would merit a reappointment. Mr. Wallace suggested the appointment of Department Heads be put off for three to six months after seating the new Council, in order that any new member might have an opportunity to become familiar with the situation. Councilman Wallace moved that the Ordinance Committee give consideration to changing the Charter to provide a different date for appointment. of Department Heads. Motion was seconded by Councilman Neblett, and carried. Councilman Graham stated this Council has considered increas- ing the Business Professional and Occupational License tax and bring- ing it up to date, and Council in their preparation of last years budget stated this be considered in the upcoming budget. The Council is now proposing an ordinance which will increase the merchants tax from April 20, 1982 ~~ O 14C per $100 to 16C per $100, or a minimum od $20.00 and $30.00 respectively. The ordinance would also provide that professional licenses would no longer be allowed business deductions and the rate would be 15C per $100 instead of 31~ per $100 gross receipts. Mr. Graham stated Council held a public. hearing on the proposed ordinance. He also stated Councul is cognizant of the economic situation at this time; however, the Town has to have the revenue to furnish services to the citizens, Mr. Graham stated Town Attorney Moore had prepared the ordinance, and all Council was familiar with it, Councilman Graham moved that the Ordinance presented by Town Attorney Moore establishing the rate schedule proposed at the public hearing be adopted, effective May 1, 1982. Motion was seconded by Councilman Wallace, and carried on the following vote: 1 John.A. Johnston - Aye Pauline G. Mitchell - No~ Robert M. Wallace - Aye C. E. Boyd, Jr. - No Anderw,L. Graham, Jr. -Aye Glen K. Aust - No~: Alma H..Holston - Aye James M. Neblett, Jr. - Aye AN ORDINANCE to amend and re-enact as amended the Rate Schedule for the various categories of License • Tax es imposed by the Pulaski License Tax-Code; to ORDINANCE repeal certain sections or. portions thereof; to incorporate License the tax rates set out in the Code of Virginia in categories Taxes not specifically set out in this Ordinance; to make applicable the Status rate and definitions of certain categories not covered by the Pulaski Town Code or is in conflict therewith; and to re-enact all other portions of the Pulaski License Tax Code; provide additional penalty for violation. BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in Regular Session on this 20th day of April, 1982, that the License Tax Rates and certain other provisions of the Pulaski License Tax Code, beginnin^ May 2, 1982, and thereaf ter until otherwise amended, shall be as follows: I. Rates The rates in Section One (1) through Section Si~y-four (64) of the Pulaski License TAx Code shall be as follows: SECTION CLASSIFICATION 1~ Advertising, Outdoor $30.00 or .14 cents per $100.00 of gross receipts, whichever is greater 2, Advertising, Agent or Distributor 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater 3. Agents and Canvassers - Police permit 5.00 Annual renewals x.00 ~~V V April 20, 1982 4 Alcoholic Beverages: Distiller;Winery;Brewery; $ Bottler Wholesale, Beer Wholesale, Wine Wholesale Druggist On and Off - Wine and Beer On and Off - Beer Banquet (Sales to be included in Merchants License) 5 Amusements - Circuses and Shows: By Train: 1-2 cars Per day 3-5 cars 6-10 .cars 11-20 cars 21-30 cars over 30 cars By Land: 1-5 Yoads Per day 6-10 loads 11-20 loads 21-30 loads over 30 lgads. Side shows - games,; etc. Per day Per week Rides.. Per day Per week, Carnivals Per day Wrestling. Per day Bingo and Raffle Games (repealed) 6 Amusements - Dances Per night 7 Amusements - Theatres or 16 cents per $100.00 of gross r eceipts, whichever is greater 8 Auction Sales or .16 cents per $100.00 of gorss receipts, whichever is greater (F or wholesale sales, auctioneer must have a definite or established place of business within the Town) 9 Auto Washing Service - separate or .14 cents per $100.00 of gross receipts, whichever is. greater 10 Automobile agent - retail merchant for .16 per $100.00 of gross receipts, whichever is greater 11 Barbers or .07 cents per $100.00 of gross receipts, whichever is greater 12-A Beat~ticians~ Schools or .07 cents per $100.00 of gross receipts, whichever is greater 13 Billiard or Pool Room or .22 cents per $100.00 of gross receipts whichever is greater 14 B ottlers of Soft Drinks - See Sec. 42 15 Bowling Alleys , or .22 cents per $100.00 of gross receipts, whichever is greater 1,000.00 500.00 75.00 50.00 10.00 37.50 25.00 5.00 15.00 25.00 40.00 50.00 75.00 100.00 10.00 15.00 25.00 40.00 50.00 10.00 40.00 15.00 50.00 150.00 10.00 5.00 30.00 30.00 30.00 30.00 30.00 50.00 30.00 30.00 1 April 20, 1982 16 Bread and Confectionary Products (Retail Sales) Same as Sec. 41 17 Building and Loan $ 50.00 18 Building materials Same as Sec. 41 (Motor vehicle license required) 19 Bus and greight terminals 25.00 20 Buyers of gold and silver (compliance with 200.00 special ordinance provisions) - 21 Camp Sites and trailer parks 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater 22 Coal dealers Same as Sec. 41 (All trucks to be licensed & coal weighed in Town) 23 Contractors 30.00 or .16 cents per $100.00 of gross receipts, whichever is greater (Subject to provisions of non-resident contractor) 23-A Builders and Developers Same as Sec. 23 24 Directory Service 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater 25 Dry cleaners, laundries and launderettes, self-laundry 30.00 or .13 cents per $100.00 of gross receipts, whichever is greater 26 Florist and florist agents - Merchants License 30.00 outside, or .16 cents per $100.00 of gross receipts, whichever is greater 27 F ortune Teller 500.00 28 Foundry (Repealed) 29 Frozen food or cold storage 30.00 or .31 cents per $100.00 of gross receipts, whichever is greater ' 30 Gasoline pumps (Repealed) 31 Gasoline and other petroleum products -Same as Sec. 42 32 Hatcheries (Repealed) ~~ 33 Hotels, Inns, Tourist Homes, etc. 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater 34 Ice cream carts, mobile units, etc. 30.00 or .14 cents per $100.00 of~gross receipts, whichever is greater 35 Ice Manufacturers (Repealed) 36 Income Tax Reporters or Tax Services 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater 37 J ob Printers 30.00 or .16 cents per $100.00 of gross receipts, I whichever is greater '7149 ~~~~ April 20, 1982 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53. 54 55 Junk Dealers and Canvassers for Junk $ 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater Lightri~:ng Rod Agents ~ 30.00 or .14 cents per $1.00.00 of gross receipts, whichever is greater Manicurist (other than Beauty Shops) 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater Merchants, Retail 30.00 or .16 cents per $100.00 of gross receipts, whichever is greater Mefchants, Wholesale .13 cents per $1001 first $2,000000 purch. .OS cents per $100,. next $1,000,000 " ,O1 cents per $100, all above $3,000,000. D D lers 30.00 Milk and airy ea , or .14 cents per $100.00 of gross receipts, whichever is greater Motor vehicles. and other vehicles, for hire, etc. 25.00. Per horse drawn vehicle 6.00 Musician - Itinerant on streets 7.50 Pawn Brokers 30.00 or .16 cents per $100.00. of gross receipts, whichever is greater Peddlers 30.00 or .16 cents per $100.00 of gross receipts, whichever is greater 30.00, Photographers ~ 30.00 or .31 cents per $100.00 of gross receipts, whichever is greater Pistols and Dirks 5.00 Pr ofessional License 30.00 or .15 cents; per $:1QQ.00 of gross receipts, whichever is greater (Business Deductions allowed by State income Tax Law - repealed) Public Utilities: Water, hear, light, power C omparcy, telephone and telegraph companies 1/2 of one percent of gross receipts of such business accruing to the corporation from business in the Town, except that charges for long distance telephone calls may not be included. In addition, tax on real and personal property_of such, public service corporation may be imposed under other ;T own ordinances , Repair Service 30.00 or .16 cents per $100.00 of gross receipts, whichever is greater Shooting Galleries Same as Sec, 41 Small Loan and Finance Companies. 30.00 or .30 cents per $100.00 of gross receipts, whichever is greater Sone, Granite,Marble, Brick, Concrete Products 30,00 or .13 cents per $100.00 of gross receipts, whichever is greaser Ij April 20, 1982 56 Storage; Garage, etc.; $ 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater 56-A Trading Stamps, Coupons, etc 30.00 or .31 cents per $100.00 of gross receipts, whichever is greater 57 U Drive It 30.00 or .31 cents per $100.00 of gross receipts, whichever is greater 58 Undertakers 30.00 or .38 cents per $100.00 of gross receipts, whichever is greater 59 Vending and Weighing Machines, etc .(Operators) 200.00 (see provisions of separate Ordinance or State Code, including limitations) 60 Vehicles not provided for by this section (See app"licable Motor Vehicle Ordinance) 61 Finance Companies (Repealed) See Sec. 54 62 Trailer Court License Same as Sec. 21 63 Rental - Business of Renting Equipment, Tools, other tangible personal property 30.00 or .16 cents per $100.00 of gross receipts, whichever is greater 64 Training Schools, Dance, Martial Arts, Health Clubs, etc. 30.00 or .14 cents per $100.00 of gross receipts, whichever is greater II. State License Tax Rate - set by the Code of Virginia as amended '711 In any specific category in which no license fee is provided above, the license tax shall be for that category the rate established and provided in the Code of Virginia as amended. The Town Treasurer in the interpretation of the Town License Code shall apply the definitions, limitations and provisions contained in Title 58 of the Code of Virginia as amended in all instances where the provisi-ons of the Pulaski Town License Code is in conflict therewith, or does not fully establish rates, definitions and provisions necessary for application of said tax rate. III. Provisions- of the Town License Tax Code. A. All provisions of the present License Tax Code now in effect within the Town and not herein amended or repealed, are hereby re-enacted and shall be enf orced until changed by appropriate action of the Council. B. Penalty for violation of any provisions of the Pulaski Tax Ordinance, or this schedule of rates shall be as provided by the Tax Code, ordinances of the Town, or any additional penalty provided in Title 58 of the Code of Virginia as amended. This Ordinance shall become effective on the Lst day of May, 1982. ~~~~ April 20, 1982 Town Attorney Moore presented an Ordinance to provide rules and regulations for the operation and administration of cemeteries owned by the Town of Pulaski, Virginia, etc., together with Addenda Nos. 1 and 2, establishing fee schedule and rules and regulations, respectively, for the operation of Oakwood, Oakwood Annex, Pinehurst and Pinehurst Addition. Councilman Graham moved the adoption of Addenda No. 2 - Rules and Regulations for Operation of the Town of Pulaski Cemeteries, Motion was seconded by Councilman Neblett, and carried on the following vote: John A. Johnston - Aye Andrew L, graham, Jr. -Aye Pauline G.. Mitchell. -.Aye: ,Glen: K, Aust - Aye Robert M, Wallace - Aye Alma H. Holston - Aye *C. E. Boyd, Jr. -Absent James M. Neblett, Jr. - Aye *Councilman Boyd had left the Council meeting. Councilman Aust moved the adoption of Addenda No. 1 Fees Schedule. Motion was seconded by Councilman Graham, and carried on the following vote: ~. John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G, Mitchell - Aye. Glen K. Aust - Aye Robert M, Wallace - Aye .Alma H, Holston _ - Aye , C. E. Boyd, Jr. -Absent James M, Neblett, Jr, - Aye Councilman Aust moved the adoption of the Cemetery Ordinance, Motion was seconded by Councilman Neblett, and carried on the following voter AN ORDINANCE to provide rules and regulations for the ORDINANCE - Rules operation and administration of cemeteries owned by the Town & Regulations of Pulaski, Virginia; to,.provide procedure for the sale of for the Operation lots and burial services; to establish. fees and charges for & adm, of CEME- cemetery spaces and lots and burial services for interment TERIES and disinterment of human bodies; .to establish rules and regulations for placing Qf monuments, ,maskers and mausoleums, and for orderly conduct in the cemeteries; to provide for the continuation of perpetual care trust funds, for care and maintenance of grave spaces and cemetery lgts and the general operation of .the .cemeteries;. to establish special rules and regulations as addenda to this ordinance; to provide for the repeal of all cemetery ordinances in conflict with this ordinance and providing for penalties for violation of this ordinance. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, meeting in regular session on this 20th day of April, 1982, that: Article I, In General Sec, 18-1. Designation. Town of Pulaski owned cemeteries, Town of Pulaski now owns two cemeteries for the burial of human remains, within or near the corporate limits:.of the Town, each divided into two sections, Oakwood and Oakwood. East-, located east of Prospect Avenue, at Sixteenth Street; and Pinehurst. and Pine- hurst Addition, located southeast of Thaxton Road and west of Randolph Avenue. April 20, 1982 ~1~~ Sec. 18=;2, Purpose of chapter. The purpose of this. chapter is to regulate properly the interment of bodies of human beings, to preserve the natural beauth of the cemeteries, to provide. .f or their extension and uniform improvement, the upkeep of driveways, walks, sections and plots, and to provide for the sale of lots, placement of monuments, and for the establishment of "Perpetual Care", and for the general regulations of the cemeteries, Sec, 18-3. Mai~a~ement and control by the Town Manager, or his agent, I The cemeteries shall be in charge of and ender the management of the Town Manager or his duly authorized agent, The Town Council may designate by proper resolution a board of, trustees for the cemeteries to act in an advisory capacity to the Council, Sec. 18-4, Plats and plans. The plats and maps heretofore made dividing Oakwood Cemetery, Oakwood Annex, Pinehurst and Pinehurst Addition and recorded in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, in Plat Book 7, pages 184-187, and 188-189, into lots and sections are hereby adopted as plats and plans of the Town Cemeteries, and shall be used in the deeds of transfer of burial rights by the Town, and shall be known as the Town of Pulaski, Virginia, "Official Cemetery Plots" . Sec. 18-5. Prices for lots or sections. Lots of sections in the Cemeteries may be sold to the public at such prices as fixed by the Council of the Town by duly adopted resolution. A copy of the schedule of such prices shall be arrached hereto as an addendum and other copies made available in the office of the Town Manager, and in other places in the Town office, and may be changed or amended by resolution of Council. Sec. 18-6. Execution of deeds; restrictions Deeds of conveyance for the lots or sections purchased by the public in the Cemeteries shall be by deed form approved by Council, executed by the Mayor and the-Clerk of Council, and such conveyance shall be subject to all the conditions, limitations, rules and regulations contained in deeds from prior owners, the deed from the Town, and to the rules and regulations contained in this chapter or as may be prescribed by the Council from time to time relative to the manage- ment, maintenance and control of the cemE:ter.ies. Seca 18-7. Transfer of right of sepulture. The right of burial granted in the Town's deed to any lot or section in the Cemeteries shall be used only for the burial of the Grantees, members of their families, or to such other persons as they may grant such right without pecuniary profit, Transfer of spaces or the lots to others or to the Town shall be by deed, and shall be with the consent of the Town first obtained in writing. Sec, 18-8, Rules and regulations. The Council ~ all have the. right to make and enf orce whatever rules and regulations that may seem proper for the operation and i maintenance of its Cemeteries, the conduct of visitors thereto and for the preservation of the sacredness of the cemeteries, It shall be unlawful for any person to fail, neglect or refuse to comply with such regulations. These rules shall be attached to and are incorporated herein by reference, Such rules and regulations may be amended by Resolution of Council without formally amending the ordinance.. Sec. 18-9. Grading lots. In the Cemeteries, the grade line fixed or to be fixed from time ~ to time vy the Town Manager shall be strictly observed in the grading i of Lots, and no lot shall be graded in violation thereof. `7114 April 20, 1982 Soc. 18-10. Enclosure of lots; lot markers. No enclosure of any kind shall be built around any lot, in- cluding coping, curbing, fencing, hedging or borders, but the lots sold shall be designated by m3rkers~placed in the respective corners of the lot, by the Town, which markers shall not protruce abo~re the level of the ground so as,to~interfere with mowing or cutting the grass in the Cemeteries. Sec. 18-11. Location of grave with reference to lot_boundar No grave in the Cemeteries shall be located less than six inches from the boundary of the space or lit in which the grave is placed. Sec. 18-12. Specifications for vaults, etc. Except as otherwise provided, the construction of vaults, erection of monuments, landmarks or any other works in the cemeteries shall be in accordance with s~cifications provided by the town manager, and only with his approval and inspection first obtained. Sec. 18-13, Graves and vaults to comply with requirements ...r-rr-~ . _ ~ .-- . of State board of health. In the Cemeteries, no grave shall be dug or vault erected in such a manner as not to conf orm with the requirements of the state board of health, State law or ordinances and regulations of the Town . Seca 18-14. Material for monuments and Qrave markers. Monuments placed in the cemeteries where allowed (other than in the new section) shall be of standard granite or marble, and shall not be erected in prohibited areas, and only after a permit has been obtained from the Town. Other types of grave markers such as bronze or tother acceptable materials shall be used in all.the new sections of said cemeteries, and shall not be above ground.level. Sec. 18-15. F oundations for munuments; procedure when Monument is not perpendicular. All monuments erected in th=_Cemeteries in the old sections shall be placed upon a firm and substantial foundation. It any monument now in, place, or placed where permitted, careens out of perpendicular line or falls to the ground, it shall be the duty of the owner of the lot, or the Town if the grave space or lot is under.pepetual care, to have it.raised or re-set to a perpendicular line in a neat, workmanlike manner,, In the event of failure to do so on the part of the owner, the Council may in its discretion direct the removal of a monument or have the same re-erected or re-set at the cost of the owner of the lot. (However, in Oakwood Annex and the new section of Pinehurst, all markers shall be flush with ttie grade line . ) Sec. 18-16. Control of workmen employed in construction of vaults, etc. All workmen employed in the construction of vaults, erection of monuments, landmarks or any other works shall perf orm the work according to approved specifications or as may be directed by the Town. Any workman failing to conform with the applicable sections of this ordinance will not be permitted thereafter to work in the cemeteries. Seca 18-17. Trees and shrubs. All persons are prohibited-from planting... trees,.. plants or shrubs along the walks or driveways of the Cemeteries or planting any shrubs without having first obtained permission from the town n-anager. The Town finds this regulation to be necessary in 1 C~ April .~0, 1982 '7115 order that uniformity may be preserved in the adornment and beautification of the cemeteries, In the Cemeteries, no hedge or trees shall be planted on any lot, nor shall any growing tree thereon be removed without the consent of the town manager. Shrubbery on any such lot shall not exceed thirty inches in height. If any trees or shrubs on such lots shall become unsightly and not trimmed or detrimental by their roots, branches or otherwise to adjacent lots, walks or roadways, the town manager shall have the right to have them trimmed or to remove them. ~ Sec. 18-18. Trash, Debris, etc. No trash, flowers, dirt, papers, boxes or other debris shallbe left upon the lots and sections of the Cemeteries or placed in the walks or roadways therein. Trash, flowers and boxes shall be re- moved from the cemetery or if receptacles are available, placed in them. Article II, Installation of_Monu-~ents, Markers etc. Sec. 18-19. Permit - required. It shall be unlawful for any person to erect, install, place or set a monument or grave marker of any kind in cemeteries without first securing from the town manager a permit for the erection, installa- tion or setting of the marker. Sec. L8-20. Same - Fees. For the first permit under this article, the applicatnt shall pay twenty-f ive dollars and for each permit thereaf ter issued to the same applicant within the same license year, the applicant shall pay one dollar for each permit, All funds received from this source 'shall b e placed in the General Cemetery Fund. Sec. 18-21. Same - Person erecting marker at grave of member of immediate family. Any person erecting marker at the grave of a member of his immediate family shall obtain a permit for the installation, but shall not be charged a fee for the permit. Sec. 18 - 22. Same - Person holding merchant's license. Any person who holds a merchant's license~fr om the Town shall secure the permit required in this article, but shall be exempt from the payment of any fee under this article; provided that the total gross sale price of the monument is included in their gross sales used in the calculation of their merchant's license fee. Sec. 18-23, Compliance with chapter and general standards for installations, etc. Bef ore the Town Manager shall issue a permit under this article, he shall determine that erection, installing or setting of a marker will be in accordance with all the terms of this chapter, and regula- tions adopted by the Council, and further, that the erection, etc., shall comply with the standards generally required for such installations, and that the marker is placed only in that part of the cemeteries where such markers are allowed. Sec. 18-24. Financial iesponsibility of the Town. The Town shall not be financially-responsibility for any damage to lots and structures, or objects thereon, or for flowers or articles removed from any lot or grave. Sec. 18-25. Traffic Regulations. All traffic laws of the Town of Pulaski that are applicable shall apply to operation of vehicles in cemeteries and shall be strictly Fy~~~ April 2~, 1982 observed. A person driving in a cemetery shall be responsible for any damage done by the vehicle. In addition, no person shall: (a) drive in excess of 15 miles per hours; (b) drive off the established roads; (c) make a U turn, except where provided; or (d) use a cemetery road as a public thoroughfare. Sec. 18-26. Re-sale of Cemetery Lots. For the purpose of preventing profiteering in dealing. in cemetery lots, it is hereby declared by the Town to be necessary, that certain restrictions be placed upon the resale of said lots. Theref ore, no persons shall have a right to sell or otherwise dispose of any burial space or lot which is acquired in any of the cemeteries, to any person, firm or corporation except his or her surviving spouse, children, grandchildren, daughter or son-in-law, parents, grandparents, brother, sister, uncle or aunt, or their> children,without first. offering said burial lot or space to the Town at the same price, or a special price fixed by the Town, at which said space or lots were first acquired from the Town. The Town shall have the right to purchase said lot or lots within thirty (30) days or reject the offer by taking no action. Allow- ing a friend or other person to be buried in a space or,lot without pecuniary benefit is excepted from this section. Sec. 18-27. Trust - "Perpetual Care". A Trust for "perpetual care" having heretof ore been established and an agreement with purchasers of lots entered into prior to the effective date of this ordinance, it is hereby directed that the Town continue to follow this procedure, and that the percentage of the total sale price established by the Town be deducted from each sale and deposited in the perpetual care trust fund. The amount deducted from each sale is to be maintained in trust and the income from the trust fund corpus used solely for perpetual care of that grave space or Lot, until such time as the total of such perpetual trust funds when added to all other trust funds from gifts or otherwise, are of a sufficient amount to produce an annual income required to pay for the perpetual care of all lots and spaces in the cemeteries. At the. time the above occurs, all deductions from sales shall become a part of the Trust Fund, and no separate records o~ the perpetual care from the sale of each space or lot need to be kept for perpetual care for that particular space or lot. Income only from the Trust shall be used for maintenance and care of the cemeteries.;: The corpus of the trust shall not be used, but shall be main~aaned in perpetu~ay for maintenance and care of cemetery property. _. Sec. ~$-28. Disinterment: Disinterment of a human body once properly interred shall not be made without an-order signed by a court of competent jurisdiction, or the consent of closest surviving relative without written objection from other immediate members of the family. Graves ,hall not"be opened for inspection except for official investigation. No attempt shall be made to move any body interred in a Town cemetery without first applying to the Town Manager for permission to do so, on forms provided by him and upon giving to him all inf ormation known and requested on the said form., Any markers or monuments designat- ing the location of,an interment shall be removed at the time a disinterment is made. The Town Manager shall set a reasonable fee for such disinterment. 1 1 Sec. 18-29. All other ordinances on cemeteries in conflict with this ordinance are hereby repealed. April 20, 1982 Sec_18-30. Violation - a misdemeanor. Any person violating any of the provisions of this ordinance or addenda hereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding One Hundred Dollars. Sec. 18-3~. Effective date. This ordinance shall be effective and in full force upon its passage. (a) The schedule of costs for grave spaces and lots and other fees herein provided shall be attached hereto as Addenda No. 1. (b) Rules and Regulations shall be attached hereto as Addenda No. 2, The addenda may be from tiem to time changed or amended by duly adopted resolution of the Council and all addenda are hereby incorporated in and made a part of this ordinance. ADDENDA N0. 1 AND ADDENDA NO. 2 TOWN OF PULASKI, VIRGINYI~ Rules and Regulations for the Operation of Town of Pulaski Cemeteries (Oakwood, Oakwood Annex, Pinehurst and Pinehurst Addition) 1. All Markers to be installed in the new sections of Oakwood and Pinehurst Cemeteries shall be flush with the grade line. 2. No shrubs or trees shall be planted without the written approval of the Town Manager. 3. The Town of Pulaski will provide perpetua-1 care for each grave space in Oakwood Annex and Pinehurst Addition by a deduction from the sale price of each grave space for the Perpetual Care Trust, and from any .lot sold after the 20th day of April, 1982, and for all the other sections of the Town Cemeteries when the ~~Perpetual Care Trust Fund has reached a sum that provides an income sufficient to maintain said sections. 4. The sale price of each grave in the cemeteries shall be as follows: Spaces in Oakwood Spaces in Oakwood Addition Spaces in Pinehurst Spaces in Pinehurst Addition 5. Each grave in the cemeteries shall thoroughly tamped to prevent settlement. ~ be removed to an approved waste site imme $ 100.00 $ 200.00 $ 50.00 $ 150.00 be backfilled and All surplus dirt must diately f oliowing vurial. 6. The Town Manager or his duly appointed representative shall be in charge of the sale of grave spaces in all cemeteries. '711'7 7. Vehicles will not be allowed on any lot, but will be restricted to drives and driveways. --~~1Q April 20, 1982 Conduct in Cemeteries. Persons shall: (a) Enter a cemetery only through an established gate,., except in an emergency declared by the Town Manager. (b) behave in a manner consistent with the solemn nature of a public burial ground; (c) not deposit rubbish or debris on any part of the cemetery ground except in receptacles provided; (d) not pick or mutilate any flowers, either wild or domestic, or disturb any trees, shrub, or other plant material; (e) not consume refreshments or liquors in a cemetery or carry same upon the premises; (f--) not permit any dog to enter or remain in the cemetery; (g) not use any form of advertising on cemetery premises; (h) not mar, injure or destroy any monument or other property in or about the-cemetery grounds; (i) not discharge a firearm in or adjacent to any cemetery (this prohitition shall not apply to authorized volleys at burial services). These rules and regulations shall be a part of the cemetery ordi- nance and may be changed from time to time by a duly adopted Resolution by the Council of the Town. Town Attorney Moore presented a Resolution, as had been directed by the Council, encouraging the Board of Directors of the New River Valley Regional Police Academy to incorporate said Academy as a non-stock (non-profit) corporation under the laws of the State of Virginia. Councilman Neblett moved the adoption of the Resolution as presented. Motion was seconded by Councilman Aust, and carried on the following-vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Glen K. Aust - Aye Robert M. Wallace - Aye ALma H. Holston - Aye ' C. E. Boyd, Jr. - absent James M. Neblett, Jr. -Aye RESOLUTION WHEREAS, the Town of Pulaski, Virginia, is a member of the New River Valley Regional Police Academy, and is RESOLUTION represented on the Board of Directors of the Police Academy New River Valley by its chief law enf orcement officer and a private citizen Reg. Police of the Town; and Academy WHEREAS, the Town desires that its representatives be protected from liability which might arise by virtue of their membership on said Board of Directors or by the action taken by them in their capacity as a member of said Board; and WHEN AS, the Town Council of Pulaski is of the opfnfion that the greatest protection can be afforded by the New River Valley Regional Police Academy being incorporated as a non-stock (non profit) corporation under the laws of the Commonwealth of Virginia; and 1 April ~0, 1982 ~~1y WHEREAS, the Town agrees to the incorporation of the New River Valley Regional Police Academy as a non-stock corpora- tion and thereby provide its representatives with any immunities which the Academy can obtain by becoming a non-stock corporation. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, meeting in regular session on this the 20th day of April, 1982, that: It does hereby encourage the Board of Directors of the New River Valley R~'gional Police Academy to incorporate said Academy as a non-stock (non-profit) corporation under the laws of the Commonwealth of Virginia and to this end expressly authorizes its representatives on said Board of Directors to take such action as may be necessary to effectuate said incorporation. Councilman Graham reported the Finance Committee con- sidered, among other items, the total cost of the Sewer Digester Top repairs in the amount of $7,440.00 which was $2,440,00 more than the $5,000.00 previously approved by Council. Councilman Graham moved that $2,440.00 be approved for expenditure from Account ~~700-703-3 Sewer Digester Top Repairs as previously budgeted. Motion was seconded by Councilman Wallace, and carried on the follow- ing vote: John A. Johnston - Aye Andrew,L, Graham, Jr, - Aye Pauline G. Mitchell- Aye Glen K, Aust - Aye Robert M, Wallace - Aye Alma H,,Holston - Aye C. E. Boyd, Jr. -Absent James M. Neblett, Jr, -Aye Mr, Graham stated the Tax Relief for the Elderly proposal was discussed by the Committee, but no report could be made at this time. UTILITIES COMMITTEE Chairman Johnston reported the Peppers Ferry Regional Wastewater Treatment Authority is leaning to disposal of sludge on farm lands. RECREATION COMMITTEE No report. STREET COMMITTEE No report. ORDINANCE COMMITTEE No report. POLLUTION & SANITATION COMMITTEE Chairperson Holston reported that according to the recent report from the Solid Waste Disposal Site Inspection, by the Virginia ,v April 20, 1982 Division of Solid Waste and Hazard®us Waste Management, of the 35 items listed on the report, only four were wrong. She further stated that according to the Town Manager's report, one item on the report which the Town will need to consider was that the Town must provide a ground water monitoring and surface water monitoring program at the landfill, which will require drilling of wells at the landfill to monitor the ground water and establish a testing program for the samples. Mr. Coake recommended this be referred to the Pollution and Sanitation Committee. On motion of Councilman Graham, seconded by Councilman Johnston, and carried, the matter of drilling wells, etc. was ref erred to the Pollution and Sanitation Committee. REPORT OF TOWN MANAGER Town Manager Coake reported that correspondence from Mr. Howard Dobbins, Attorney for the Virginia Municipal League, states STREET LIGHTING AGREEMENT that the new street lighting rates should become effective October 19, 1981, which is the end of the first two year period of the Street Lighting Agreement - the ten year Agreement contains the Company's option to negotiate new rates at the termination of each two year period. Mr. Coake recommended authorization for signing the letter of August 12, 1981 accepting the new street lighting rates as of October 20, 1981, and an addendum be added to the Agreement changing the date to re-negotiate to June 30, 1984. Councilwoman Mitchell moved that the Town Manager be authorized to sign the letter from Appalachian Power Company, dated August 12, 1981, Motion was seconded by Councilman Wallace, and carried, Councilman Graham abstained from voting or taking any part in any discussion. Town Manager Coake advised that from a copy of a letter from Mr. Dale Jones, of the Va. State Water Control Board, to Mr. Walter Pierson, Federal Emergency Management Agency, indicated cross section data of sections of Peak Creek were being transmitted to the Federal Emergency Management Agency, to compare the cross section data obtained by the Water Control Board to that used by the April 20, 1982 Corps of Engineers in their study. Mr. Coake stated the letter also indicated that upon completion of the stream analysis that was submitted, a meeting with the Water Control Board should be scheduled. Mr. Coake stated further that in discussing the letter with Mr. Curtis Lindaman, he indicated that the inf ormation sub- `71`1 mitted by the State Water Control Board would not have a significant impact on the level of the 100-year flood. A trailer application from Golda Dyer was received to place a mobile home at Fourth Street, N. E, and presented by Town Manager Coake. Mr. Coake advised the application indicated Golda Dyer did not own the lot, but would purchase same upon approval of the application. Councilman Graham moved that the trailer application follow the normal procedure and a public hearing be scheduled for Council's meeting .May 5, 1982. Motion was seconded by Councilman Neblett, and carried. Town Manager Coake advised that Downtown Renovation 1 I Committee and Land and Building Committee met and reviewed the bids DOWNTOWN RENOVATION received for the renovation of Main Street between Jefferson Avenue and Washington Avenue. Mr. Coake further advised the Downtown Renovation Committee has now reviewed an alternate set of drawings which eliminated some of the items as bid in order to reduce the amount of work and lower the cost. The work, as shown on the alternate drawings, amounts to $86,940.16 for the area between the two alleys on Main Street, but does not include the work from Jefferson Avenue East to Alley and from Washington Avenue, West, to the alley. The Committee has recomm= ended that work as shown on the alternate drawings be approved and consideration be given to including funds for the remainint work on Main Street between Jefferson and Washington Avenues be included in the 1982-83 budget. Mr. Coake also suggested that Council members come by the Town Engineer's office to review the actual drawings, and the matter will be placed on the agenda for the May 5, 1982 meeting for Council's approval. At 9:05 P. M, on motion of Councilman Graham, seconded by Councilman Aust, and carried, Council adjourned. APPRO ATTEST: Mayor at liffe // , , ~~ Clerk o Counci