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HomeMy WebLinkAbout11-02-8117ois Minutes of the regular meeting of the Pulaski Town Couh~cil, held November 2, 1981, at 4:00 P. M, in the Council Chambers in the Municipal Building. There were present: Vice Mayor Andrew L. Graham, Jr., presiding. Councilmembers: C. E. Boyd, Jr., Glen K. Aust, Robert M. Wallace, James M. Neblett, Jr., John A. Johnston, Alma H Holston, Pauline G. Mitchell, Also present: H.. R. Coake, Town Manager Gladys R. Dalton, Clerk Visitors: Dee Lindsey and Doug Waters of the news media The invocation was given by Councilmember Holston. The minutes of the regular meeting of October 20, 1981 were approved as recorded. Vice Mayor Graham called for Committee reports. UTILITIES COMMITTEE Chairman Johnston advised that bids have been received for the construction of the Brookmont Road Water line, but the Committee BROOKMONT RD. has not had an opportunity to review thes e bids and would hope to WATER BIDS REF. TO UTILITY have a meeting soon to do this and make a report to Council at its COMMITTEE next meeting. Councilman Johnston moved that the b ids be referred to the Utilities Committee for review and report. Motion was seconded by Councilman Aust, and carried. REQUEST FOR Councilman Johnston advised that he would like to have an EXECUTIVE SESSION Executive Session of Council to discuss a legal matter, at the con- clusion of the regular meeting. STREET COMMITTEE NO REPORT No report. LAND AND BUILDINGS COMMITTEE Councilman Boyd reported that inasmuch as his Committee had not CEMETERY MAPS met in October, the presentation to Pulaski County of the Certificate AND SUBDIV. TO BE SUBMITTED TO of Subdivision and Maps of the Pinehurst Cemetery had not been CO. PLANNING COMM. completed, but hoped to have a report for Council at its next meeting. November 2, 1981 FINANCE COMMITTEE Chairman Graham reported the Finance Committee met and discussed 7p 14 APPROVAL OF the purchase of a dump truck bed for a truck in the Public Works Depart- PURCHASE OF DUMP TRUCK ment and the installation charges for the new telephone system in the BED & CHARGES FOR INSTALL- Municipal Building, $2835.42 and $3260.22, respectively. ING TELEPHONE SYSTEM Councilman Graham moved that the expenditure of $2835.42 be approved from previously budgeted Revenue Sharing Funds, Account ~k406.9 - Dump Truck Public Works, for purchase of ~ dump bed for a truck in the Public BED TO COST $2835.42 Works Department. Motion was seconded by Councilman Boyd, and carried 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 Councilman Graham reported that Council previously approved the TELEPHONE CHARGES $3260.22 installation of the new telephone system and the Committee recommended the payment of the installation charges in the amount of $3260.22. Mr. Graham moved the payment of installation charges for the telephone system in the amount of $3260.22 be appropriated from General Fund Unappropriated Surplus. Motion was seconded by Councilmember Holston, and carried on the following vote: John A. Johnston - Aye Pauline G. Mitchell - Aye Robert M. Wallace - Aye C. E. Boyd, Jr. - Aye ORDINANCE COMMITTEE Andrew L. Graham, Jr. - Aye Glen K. Aust - Aye Alma H. Holston - Aye James M. Neblett, Jr. - Aye Chairman Aust advised that at the last meeting of Council an ADOPTION OF PRECIOUS METALS ORD . ordinance to provide for the regulation of dealers in precious metals; penalties, etc., was read, and it was decided to carry it over until this meeting. Councilman Aust moved that the. ordinance to provide for the regulation of dealers in precious metals; penalties; etc., be adopted. Motion was seconded by Councilman Neblett, 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. - Aye James M. Neblett, Jr. - Aye '015 November 2, 1981 AN ORDINANCE TO PROVIDE FOR THE REGULATION OF DEALERS IN PRECIOUS METALS ;PENALTIES, ETC . Be it ordained by the Council of the Town of Pulaski, Virginia, meeting in Regular Session on the 2nd day of November, 1981, that: The Town Code of the Town of Pulaski, Virginia, is amended by adding in Chapter 19 Sections numbered 19-67.(1) through 19-67.(13) as follows: CHAPTER 19 ARTICLE III. Dealers in Precious Metals 19-67 - Section I. Definitions - For the purpose of this Ordinance, the following definitions when used herein shall be construed to mean the following: 1. "Coin" means any piece of gold, silver or other metal PRECIOUS fashioned into a prescribed shape, weight and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain-fixed value as money. METALS 2. "Dealer" means any person, firm, partnership, or corporation, engaged in the business of: ORDINANCE (i) purchasing second hand precious metals or gems. (ii) removing in any manner precious metals or gems from manufactured articles not then owned by such persons, firm, partnership, or corporation; or (iii) Buying, acquiring, or selling precious metals or gems removed from such manufactured articles. Dealer shall also mean employers and principals on whose behalf a purchase is made, and any employee or agent who makes any such purchase for or on behalf of his employer or principal. The definition of Dealer shall not be construed so as to include persons engaged in the following: a. Purchases of precious metals or gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories, provided the selling dealer has complied with the provisions of this chapter. b. Purchases of precious metals or gems from a duly qualified fiduciary who is disposing of the assets of the estate being administered by such fiduciary in the administration of an estate. c. Acceptance by a retail merchant of trade-in mervhandise previously sold by such retail merchant to the person presenting that merchandise for trade-in. d. Repairing, restoring or designing jewelry by a retail merchant, if such activities are within his normal course of business. e. Purchases of precious metals or gems by industrial re- finers and manufacturers, insofar as such purchases are made directly from retail merchants, wholesalers, dealers, or by mail originating outside the Commonwealth of Virginia. f. Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product. 3. "Gems" means any item containing precious or semi- precious stones customarily used in jewelry. 0 4. "Precious metals" means any item except coins composed in whole or in part of gold, silver, platinum, or platinum alloys. cols November 2, 1981 SECTION II - Records to be kept; copy furnished to local authorities; Inspection of Records A. Every dealer shall keep at his place of business an accurate and legible record of each purchase of precious metals or gems. The record of each such purchase shall be retained by the dealer for not -less than twenty-four months. These records shall set forth the following: 1. A complete description of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers or other identifying marks or monograms on each item purchased, the true weight or tarot of any gem, and the price paid for each item; 2. The date and time of receiving the items purchased; and 3. The name, address., age, sex, race, driver's license number or social security number, and signature of the seller. B. The inf ormation required by paragraph A of the above Section II, shall appear on each bill of sale for all precious metals and PRECIOUS gems purchased by a dealer, and a copy shall be mailed or delivered within twenty-four hours of the time of purchase to the Chief law- METALS enforcement officer of the Town of Pulaski. ORDINANCE C. Every dealer shall admit to his premises during regular business hours the. local chief law-enforcement officer of the Town of Pulaski, or his-sworn designee or any law-enforcement official of the county, state or federal governments, and shall permit such law-enforcement officer. to ..examine all records required by this chapter, and to examine any article listed in a record which is believed by the officer or official to be missing or stolen. SECTION III - Credentials required from seller. No dealer shall purchase precious metals or germs without first ascertaining the identity of the seller by requiring an identification issued by a governmental agency with a photograph of the seller thereon, and at least one other corroborating means of identification. SECTION IV - Prohibited purchases. A. No dealer shall purchase precious metals or gems from any seller who is under the age of eighteen. B. No dealer shall purchase precious metals or gems from any seller who the dealer believes or has reason to believe is not the owner of such items, unless the seller has written and duly authenticated authorization from the owner permitting and directing such sale. SECTION V - Dealer to retain purchases. A. The dealer shall retain all precious metals or gems purchased for a minimum of ten calendar days from the date on which a copy of the bill of sale is received by the Chief law-enforcement officer of the Town. Until the expiration of this period, the dealer shall not sell, alter, or dispose of a purchased item in whole or in part, or remove it from the county, city, or town in which the purchase was made. B. If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of ten calendar days after receiving such article and precious metals or gems. ~ November 2, 1981 SECTION VI - Record of disposition. Each dealer shall keep and maintain for at least twenty-four months an accurate and legible record of the name and address of the person, firm, or corporation to which he sells any precious metal or gem in its original form after the waiting period required by Section 19-6.V. This record shall also show the name and address of the seller from whom the dealer purchased such item. SECTION VII - A Bond or letter of credit required of eealers when permit obtained. Every dealer shall secure a permit as required by Section 19.67 (IX), and each dealer at the time of obtaining such permit shall enter into a recognizance to the Town of Pulaski, Virginia, secured by a corporate surety authorized to do business in the Commonwelth of Virginia, in the penal sum of ten thousand dollars, PRECIOUS conditioned upon due observance of the terms of this chapter. In lieu of a bond, a dealer may cause to be issued by a bank authori- METALS sed to do business in the Commonwelth of Virginia a letter of credit in favor of the Town of Pulaski, Virginia in the sum of ten thousand dollars. ORDINANCE B. A single bond upon an employer or principal may be written or a single letter of credit issued to cover all employees and all transactions occurring at a single location. SECTION VIII - Private action on bond or letter of credit. If any person shall be aggrieved by the misconduct of any dealer who has violated the provisions of this chapter, he may maintain an action for recovery in any court of proper jurisdiction against such dealer and his surety, provided that recovery against the surety shall be only for that amount of the judgment, if any, which is unsatisfied by the dealer. SECTION IX - Permit required; method of obtaining permit; no convictions of certain crimes; approval of weighing devices; removal permanent location required. A. Effective the 2nd day of November, 1981, no person shall engage in the activities of a dealer as defined in Section I without first obtaining a permit from the chief law-enforcement officer of the Town of Pulaski, Virginia. B. To obtain a permit, the dealer shall file with the chief of police a n application form which shall include the dealer's full name, any aliases, address, age, sex, and fingerprints; the name, address, and telephone number of the applicant's employer, if any, and the location of the dealer's place of business. Upon filing this application and the payment of a two hundred dollar application fee, the dealer shall be issued a permit by the chief of police or his designee, provided that the applicant has not been convicted of a f elony or crime of moral turpitude within seven years prior to the date of application. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under the state statute or any ordinance similar in substance to the provisions of this ordinance. C. Before a permit may be issued, the dealer must have all weighing devices used in his business inspected and approved by local or State weights and measures officials and present written evidence of such approval to the proper chief law-enforce- ment officer. D. This permit shall be valid for one year from the date issued and may be renewed in the same manner as such permit was initially obtained with an annual permit fee of two hundred dollars. No permit shall be transferable. E. If the business of the dealer is not operated without interruption, with Saturdays, Sundays, and recognized holidays excepted, the dealer shall notify the proper chief law-enforce- ment officer of all closings and reopenings of such business. The 7018 November 2, 1981 business of a dealer shall be conducted only from the fixed and permanent location specified in this application for a permit. SECTION X - Exemption from chapter. The chief law-enforcement officer of the Town of Pulaski, Virginia, or his designee, may waive by written notice implementation of any one or more of the provisions of this chapter, except Section 19.67 IV for particular numismatic, gem or antique exebitions or craft shows sponsored by nonprofit organiza- tions, provided that. the purpose of the exhibitions is nonprofit in nature, notwithstanding the fact that there may be casual purchases and trades. made at such exhibitions. SECTION XI - Penalties; first and subsequent offenses. PRECIOUS A. Any person convicted of violating any of the provisions of this ordinance shall be guilty of a Class 2 misdemeanor for METALS the first offense. Upon conviction of any subsequent offenses he shall be guilty of a Class 1 misdemeanor. ORDINANCE B. Upon the first conviction by any court of a dealer for violation of any provision of this chapter, the chief law-enforce- ment officer may revoke his permit to engage in business as a dealer under this ordinance for a period of one full year from the date bhe conviction becomes final. Such revocation shall be mandatory upon a second conviction. (Note:O Class 1 and 2 misdemeanors refer to state designation of crimes and shall be the same penalty imposed under the state statute. SECTION XII - Coin Exempt. The provisions of this Ordinance shall not apply to the sale or purchase of coins. SECTION XIII - Severability. If any part of this Ordinance or the application thereof to any gierson or circumstance is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remainder of the provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Councilman Aust advised that Fire Chief Wm. Hall has suggested SUGGESTED changes in the Town Code dealing with a change in Section 10-2, active CHANGES IN TOWN CODE DEALING WITH membership qualification, where it stipulates the membership of the FIRE DEPT. REF. TO Department shall consist of not less than twenty nor more than thirty- ORDINANCE CONIlr1ITTEE five able bodied, male citizens residing in the town, who are not less than twenty-one nor more than forty-five years of age, said age re- quirement of twenty-one should be changed to eighteen. Councilman Aust also reported a request for changes in Section 10-13, regarding fees to be paid to members for attending monthly meetings and for responding to fire alarms. ~oi~ REF . TO ORDINANCE COMMITTEE Councilman Aust moved that these requests be referred NO REPORT November 2, 1981 to the Ordinance Committee for study and report to Council. Motion was seconded by Councilman Neblett, and carried. RECREATION COMMITTEE No report. POLLUTION & SANITATION COMMITTEE Chairperson Holston reported the Committee met and i~ I RESIDENTIAL discussed the new method of garbage containers for residential GARBAGE BEGS. TO CONTINUE, use; however, the Committee felt it would not be feasible for the NEW CONTAINERS NOT FESAIBLE Town to make this change at this time, and recommended that AT PRESENT the present residential garbage collection system be continued. Councilmember Holston advised that John Hawley, Engineer, reported the Air Pollution and Control office in Roanoke advised they will REPORT ON have some field representative in the area within the next two weeks, SMOKE AT COND-COTE who will study the smoke condition at Bond-Cote, and report back to FORTHCOMING the Town. SAFETY COMMITTEE NO REPORT No report, but would add to Mr. Johnston's motion for an REQ. FOR Executive Session, to discuss a personnel matter. EXECUTIVE SESSION TOWN MANAGER'S REPORT Town Manager Coake advised that in accordance with Section hold its public hearing on the issuance of Taxicab Certificates for 4:00 P. M, on December 1, 1981. 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. - Aye James M. Neblett, Jr. - Aye TOWN OFFICES Mr. Coake advised that the Town Offices would be closed on CLOSED ON Nov. 11,1981 Veteran's Day - November 11, 1981. 26-38 of the Town Code, Council shall conduct a hearing each year for the purpose of determining the number of public vehicles, taxicabs, etc. for which Certificates shall be issued during the next calendar COUNCIL SETS DEC, 1, 1981 year, and suggested that Council schedule its public hearing on FOR PUB, HEARING ON TAXICAB December 1, 1981, at 4:00 P. M. Councilman Boyd moved that Council CERTIFICATES 1 November 2, 1981 ` O '2 O Town Manager Coake advised that $6916.00 was received from $5,962.40 NET RECEIVED FROM the Auction Sale held October 24th, and after expenses the Town AUCTION SALE received a net of $5,962.40. Councilman Aust suggested that Councilmembers who attend the League Convention meeting in Charlottesville in September, give a REPORT ON LEAGUE CONV, short report of meetings they attended during the Convention. MEETINGS BY COUNCILMEN At 4:25 P. M. Councilman Johnston moved that Council go into EXECUTIVE Executive Session to discuss a legal and personnel matter. Motion was SESSION seconded by Councilman Boyd, and carried. REGULAR At 4:40 P, M. Council returned to Regular Session. SESSION Councilman Johnston moved that Council adjourn. Motion was ADJOURNMENT seconded by Councilmember Holston, and carried. APPROVED: is -Mayor Andrew L. rah Jr. ATTEST: Clerk of tk~e Council