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Home My WebLink About06-30-786~3 Minutes of the Special Meeting of the Pulaski Town Council, held June 30, 1978 at 4:OU P. M. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding. Councilmen: James M. Neblett, Jr., Arthur L. Meadows, William,A. House, John A. Johnston, Blair B. Brockmeyer, Andrew L. Graham, Jr., C. William Hickam, Jr. Absent: Councilman Bob J. Clark Councilmen-elect: Bob J. Wallace and C. E. Boyd, Jr. Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Jane Graham, WPUV Radio Station J. R. Schroder, Southwest Times Charles trite, Roanoke Times The invocation was given by Councilman Neblett. SPECIAL Mayor Ratcliffe advised this is a special meeting of the MEETING Council, as advertised in the local newspaper, for the purpose of RE• BUDGE, onsidering the adoption of the Budget for the fiscal year 1978-79. Town Manager Marshall advised that the budget sheets have been corrected as published in the local newspaper, and on the basis of that inf ormation, Town Attorney Moore has reviewed an ordinance carrying out the recommendations of the Council to amend the present TOWN MGR. real estate and personal property tax rate of $1.80/$100.00 or REPORTS fraction thereof, of assessed value of taxable property to $2/50/$100.00 ON BUDGET assessed value, as well as an ordinance to amend Section 13-8, 13-23, and 13-25 of Article III and Article IV of Chapter 13 of the Pulaski Town Code, and Re-enact as Sections 13.1-8, 13.1-'L3, and 13.1-25, as amended. Mayor Ratcliffe inquired if there was anyone from the public who wished to speak on this matter. There was no one from the public who wished to speak. And Mayor Ratcliffe inquired if any member of Council wished to speak. Councilman Hickam presented "Hickam's Last Stand" which involved a comparison of an X8064.00 salaried employee's deductions and that of a $15,000.00 salaried employee on the basis of a 5% salary increase of July 1, 1978 and 3% merit increase as proposed in the budget, and an 8% increase with the Town paying the employee's social security 62~~ June 30, 1978 tax. Mr. Hickam. stated based on the salary increase in the proposed budget would cost the Town $73,087.OU under the 5% - 3% salary raise proposal against $62,360.00 under his plan for an 8% increase, and result in a savings to the Town in the amount of $10,7~7.U0. He further stated the only two areas where the employee COUNCILMAN HICKAM would lose would be in life insurance and retirement, but this PRESENTS PROPOSAL FOR proposal would mean more take-home-pay for the employees and a SALARY INCREASES BY MOTION savings to the Town. Mr. Hickam stated he felt "we can give an 8% increase in salary across the board as of July 1st". Councilman Hickam moved that the Town give an effective 8% increase in gross pay to all employees by paying their social security tax each employee has been paying. Motion was seconded by Councilman Brockmeyer. There followed discussion of the plan and its merits. Councilman Johnston made a substitute motion that it be referred to the Finance Committee fur further study and that the SUBSTITUTE Finance Committee give serious consideration to this plan and MOTION RE: SALARY INCRS. report back to the Council. Motion was seconded by Councilman CARRIED Graham. The vote on the substitute motion was as follows: C. William Hickam, Jr. - No William a. House - Aye Andrew L. Graham, Jr. - Aye Bob J. Clark - absent Blair B. Brockmeyer - No Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr.-Aye Town Manager Marshall advised the two short-term notes of ~30,UOU had been paid off as of that day. Town Manager Marshall read an ordinance establishing and imposing a tax on real estate and personal property taxes from ORDINANCE ESTABLISHING ~1.8U/~100.u0 value or fraction thereof, to $2.50/$100.00 assessed NEW TAX RATE " ADOPTED valug, effective as of July 1, 1978. Councilman House moved the adoption of the ordinances Motion was seconded by Councilman Graham, and cartied on the following vote: C. William Hickam, Jr. -Aye William A. House - Aye ~nd~~w L, GHaham~,Jx:~. -Aye Bob J. Clark - Absent Blair B. Brockmeyer - Aye Arthur L. Meadows -.Aye John A. Johnston - Aye James M. Neblett,Jr.-Aye 1 June 30, 1978 623 AN ORDINANCE TO FIX THE RAX RATE ON REAL AND PERSONAL PROPERTY SUBJECT TO TAXATION WITHIN AND BY THE TOWN OF PULASKI, VIRGINIA, FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, OR UNTIL OTHERWISE CHANGED BY APPROPRIATE ACTION OF COUNCIL BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in Special Session on the 30th day of June, 1978, that the Tax Rate for Real and Personal Property subhect to ADOPTION Taxation, within and by the Town, BE and it is hereby fixed as follows; OF ORDINANCE TO INCR. (1) The tax rate for the taxable year beginning January TAX RATE 1, 1978, and ending on December 31, 1978, and thereafter until other- TO $2.50/ wise changed by appropriate action of the Council, upon real and $100.00 personal property, and all other property subject to a local tax levy, within and by said Town shall be at the rate of Two Doliars and Fifty Cents ($2.50) for each One Hundred ($100.00) Dollars or fractional part thereof, of assessed value of taxable property. (2) That said tax shall become a part of the general fund of the Town of Pulaski, Virginia, and be used for governmental expenditures and obligations of the Town as authorized and directed by appropriate action of the Council of said Town. Council. ADOPTED this 30th day of June, 1978, by recorded vote of This ordinance shall become effective upon adoption. Town Manager Marshall read an ordinance to amend the garbage collection fee schedule by increasing residential charges from $2.00 per month to $3.00 per month, and the business and mechanical con- tainerized collection fees to be amended by the same percentage as residential increases. Councilman Graham moved the adoption of the ordinance to become effective July 1, 1978. Motion was seconded by Councilman GARBAGE COLL. FEE INCR. Meadows, and carried on the following vote: Bjd ADOPTION OF ORDINANCE C. William Hickam, Jr. -Aye William A. House - Aye Andrew L. Graham, Jr. - Aye Bob J. Clark - Absent Blair B. Brockmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr.-Aye AN ORDINANCE TO AMEND SECTION 138, 13-23, AND 13-25 OF ARTICLE III AND ARTICLE IV OF CHAPTER 13 OF THE PULASKI TOWN CODE, AND TO RE-ENACT AS SECTIONS 13.1-8, 13.1-23, AND 13.1-25 AS AMENDED BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in Special Session on this 30th day of June, 1978, that: Sec. 13.1-8 - Garbage containers generally; bins; mechanical containerized containers etc. Garbage put out for collection by the town shall be placed in a metal contained of not more than thirty-two gallons capacity equipped with a tight-fitting cover, or such other types of containers as the town shall from time to time direct and approve. The garbage containers should be so placed and maintained that dogs or other animals cannot spill the contents. Garbage containers shall be kept in good physical condition at all times to prevent waste~or leakage. 6236 June 30, 1978 Business and commercial establishments may use a larger size container; provided, that the combined weight of .container and contents does not exceed one hundred and fifty pounds. In lieu of a container, business and commercial establishments may use suitable bins or conveyors if they are so constructed as to dump or empty directly into garbage trucks without the necessity of lifting, including a mechanical containerized collection system, and are first approved by the town manager. Sec. 13.1-23. Schedules. The town, fir services rendered by it in providing for municipal collection and dicposal of garbage and rubbish under this chapter, does hereby provide for assessing fees, collecting and enf orcing the provisions of this article and does hereby more particularly establish those certain charges and fees contained in Schedule A, B and C as follows: Schedu;te A. Residential Charges. Rate For all single-family units, including each apartment unit, GARBAGE per month - - - - - - - - - - - - - - - - - - - - - - - - - $ 3.00 COLLECTION Schedule B. Business Charles. ORDINANCE Minimum Charge - - - - - - - - - - - - - - - - - - - - - - - $ 4.95 For from 1 to 5 total containers, inclusive, per month - - - 4.95 For from 6 to 20 total containers, inclusive, per month - - 7.05 For from 21 to 30 total containers, inclusive, per month - - 10.05 For from 31 to 40 total containers, inclusive, per month - - 13.50 For from 41 to 50 total containers, inclusive, per month - - 18.00 For from 51 to 80 total containers, inclusive, per month - - 25.05 For from 81 to 120 total containers,,inclusive,,per month- - 40.05 For from 121 to 160 total containers, inclusive, per month - 60.00 For from 161 to 200 total containers, inclusive per month - 80.10 For from 201 to 260 total containers, inclusive, per month - 100.20 For volume in excess of two hundred sixty total containers per month, the charge shall be at the rate of Seven Dollars and Forty-two Cents for each additional one hundred containers or any fraction thereof. Schedule C. - Mechanical Containerized Collection. 1 The monthly collection charges under the Mechanical Container System shall be as follows: Number of Frequency of Containers Size Collection/Week Monthly Charge 1 4 yds. 1 $ 25.05 1 " 2 50.10 1 3 75.15 1 4 100.20 1 " 5 125.25 2 " 1 50.10 2 " 2 100.20 2 " 3 150.30 2 " 4 200.40 2 " 5 250.50 1 6 yds. 1 37.58 1 " 2 75.15 1 " 3 112.95 1 " 4 150.30 1 ': 5 198.53 June 30, 1978 ~~~]-y Number of Frequency of Containers Size Collection/Week Monthly Charges 2 6 yds. 1 $ 75.15 2 " 2 150.30 2 3 225.45 2 " 4 300.60 2 5 376.50 1 8 yds. 1 50.10 1 " 2 100.20 1 3 150.30 1 " 4 200.40 n 5 250.50 GARBAGE COLLECT. 2 " 1 100.20 2 ~~ 2 200.40 FEE ORDINANCE 2 " 3 300.60 2 " 4 401.40 2 5 501.60 In addition to the fees provided in Section C, a $10.00 monthly charge shall be added to the utility bill on each container furnished, for maintenance and replacement costs thereof. Section 13-17 is excepted from the provisions of this Section. (2-1-55; 7-19-63; 7-1-65; 7-1-70; 7-18-72; 6-21-74) Sec. 13.1-25. Procedure and basis of assessing charges under Schedule B. Schedule B as set out in Section 13.1-23 shall be applica- ble to all business establishments, apartment buildings, including duplex units, any buildings with two or more families dwelling therein, lodging houses and rooming houses, hotels, inductries, plants, schools, offices, office buildings, private and public institutions and establishments and all other establisluaents, activities or buildings not coming under Schedule A, or under Mechanical Containerized Collections as provided in Schedule C. Councilman House moved the adoption of the budget for the fiscal year 1978-79, as advertised, together with appropriations theref or, and that major capital outlays be approved by the Finance Committee before such expenditures are made. Motion was seconded by Councilman Neblett, and carried on the following vote: ADOPTION C. William Hickam, Jr. - Aye OF BUDGET Andrew L. Graham, Jr. - Aye Blair B. Brockmeyer - Aye John A. Johnston - Aye FOR 1978-79 SUMMARY OF 1978-79 BUDGET GENERAL FUND REVENUES: General Property Taxes Other Local Taxes Licenses and Permits Fines and Forfeitures Revenue from Use of Money & Property Revenue from Other Agencies Service Charge for Current Services Sales of Services and Commodities Miscellaneous Receipts Transfer from Other Funds Total GENERAL FUND REVENUE William A. House - Aye Bob J. Clark - Absent Arthur L. Meadows -Aye James M. Neblett, Jr.-Aye $ 440,750.00 676,700.00 199,725.00 32,000.00 12,406.00 233,664.00 172,000.00 5,100.00 16,375.00 44.000.00 $1,832,720.00 623 June 30, 1978 EXPENDITURES: Town Council $ 26,743.00 Office of Mayor 6,786.00 Office of the Towr.~ Attorney 12,350.00 Office of the Town Manager 34,632.00 Engineering Department 53,473.00 Building Inspector & Zoning Administrator 16,555.00 Preparation of Tai: Assessment ,450.00 Office of Town TrE:asurer 91,588.00 Policing & Investigating 286,168.00 Fire Control and Prevention 125,332.00 Maintenance on Street Parking 300.00 Street Signs, Traffic Signs and Signals 26,860.00 Care and ConfinemE:nt of Prisoners 2,300.00 Refuse Collection and Disposal 125,497.00 Street Cleaning 20,713.00 Maintenance of Put~lic Buildings 58,228.00 BUDGET Street Repairs anti Lighting 194,238.00 General Facilities Maintenance 30,690.00 Cemetery Maintenance 11,800.00 Senior Citizen Center 8,575.00 SUMMARY Recreation Program 59,687.00 Contribution and :iupport 20,123.00 Calf ee Park 9,564.00 Parks and Playgrounds 30,474.00 Gatewood Park 13,991.00 Park Beautification 1,500.00 Elections 1,180.00 Town Planning Commission 200.00 Fixed Charges 122,500.00 Capital Outlay 102,550.00 Debt Service 122,325.00 Social Security T;sx 53,753.00 Miscellaneous Functions 83,869.00 Total GENERAL FUND EXPENDITURES $ 1,754,994.00 WATER FUND REVENUES: Revenue :From Use of Money Service Charges Sales of Services and Com~i-odities Miscellaneous Receipts Total WATER FUND REVENUE and Property$ 1,800.00 11,500.00 324,000.00 76.719.00 EXPENDITURES: Administration Source of Supply Filtration and Purification Transmission and Distribution Dublin Water System Accounting, Collecting, Purchasing Miscellaneous Fixed Charges Debt Service Social Security Capital Outlay Total WATER FUND EXPENDITURES 414,019.00 $ 4,963.00 39,573.00 134,317.00 63,843.00 12,947.00 34,013.00 10,000.00 18,250.00 34,301.00 8,370.00 46.800.00 $ 407,377.00 ~I I ~l_ i ~. June 30, 1978 SEWER FUND REVENUE: Connection Fees $ 5,000.00 Fees For Dumping Septic Tank Waste 800.00 Sewer Service Charge 260,000.00 Discount Earned & Other 75.00 Total SEWER FUND REVENUE $ 265,875.00 EXPENDITURES: Sewerage System $ 33,480.00 Treatment and Purification 83,111.00 Miscellaneous 20,000.00 Debt Service 55,534.00 Social Security 3,100.00 Fixed Charges 2,250.00 Capital Outlay 59,500.00 Total SEWER FUND EXPENDITURES $ 256,975.00 BUDGET EQC[IPMENT AND STORES FUND This is a memorandum account for operating services for other departments. The amount required is provided in SUMMARY various functions, such as Lease of Equipment, Repairs, Gas and Oil, etc. REVENUE SHARING FUND .This is the second required hearing to Budget General Revenue Sharing Funds. REVENUES: Allocation thru June 30, 1979 $ 205,406.00 Discounts & Interest 5,100.00 Previous Allocations Available 38,000.00 Total REVENUE SHARING IDUND REVENUES $ 248,506.00 EXPENDITURES: Public Safety $ 13,085.00 Environmental Protection 55,500.00 Public Transportation 109,000.00 Financial Administration 8,940.00 Advertising 100.00 Multipurpose & Gen. Govt. 61,000.00 Total REVENUE SHARING F,•UND EXPENDITURES $ 247 625.00 :._.6239 Councilman Graham suggested that the budget for the Recreation Department be looked into to see if there is some way to save in that department. Mayor Ratcliffe stated the Council heard recommendations from the citizens relative to reducing the budget and that Council had CITIZEN considered these suggestions as well as had endeavored to find some ways REPORTS of reducing same, but that the Council has come to the conclusion it is better to raise the taxes now than later on. Mayor Ratcliffe stated it was felt the budget is realistic and that it was better to increase the taxes at this time. 6240 June 30, 1978 Councilm2~n House asked that Council consider an executive session on a personnel matter at the close of its business. Town Attorney Moore stated there have been several legal TOWN ATTORNEY REPORTS ON LEGAL MATTERS PENDING matters pending arcd for which he had been instructed to prepare the proper legal papex~p for the conclusion of these matters. Mr. Moore read a list of thE:se legal matters, and on motion of Councilman Meadows, that the Cross-connection and Back'-flow ordinance; ordinance closing Gemmell Avenue, and ordinance rezoning the Marshall Welding Supplies request, be placed on the agenda for action today. Motion was secondc~d by Councilman Hickam, and carried. Town Attorney Moors presented an ordinance to vacate a portion of Gemmel]'_ Avenue in the Burgis-Gemmell Subdivision, lying and being in the 'Gown of Pulaski, Virginia. Motion was made by Councilman Meadows that the ordinance as read be adopted. Motion was seconded by Councilman Hou3e, and carried on the following vote: C. Willi~im Hickam, Jr. - Aye William A. House - Aye Andrew L. Graham, Jr. - Aye Bob J. Clark - Absent Blair B. Brockmeyer, - Aye Arthur L. Meadows - Aye John A. ~Tohnston - Aye James M. Neblett,Jr.- Aye ADOPTION OF AN ORDINANCE TO VACATE A PORTION OF GEMMELL AV ENUE ORDINANCE TO IN THE BiJRGIS-GEMMELL SUBDIVISION, LYING AND BEING VACATE A PORTION IN THE TOWN OF PULASKI, VIRGINIA, AND TO PROVIDE FOR OF GEMMELL AVENUE PAYMENT OF COSTS OF THIS PROCEEDING. WHEREAS, Thomas J. McCarthy, Jr ., filed his petition on the 3rd day of Januar:,~, 1978, with the Council of the Town of Pulaski, Virginia, after posing notice in at least three places in said Town, on the 19th day oi= December, 1977, as required by law, which poking was at least ten clays prior to the filing of said petition, request- ing the Town to vacate and abandon a portion of Gemmell Avenue set out and described in the original petition and amended by petition filed on January 21, 1978. WHEREAS, upon filing of the of oresaid petition, the Council did appoint Dan C. Bell, Curtis C. Jordan and Jack H. White as viewers, and Woodson Cummings as alternate, purusant to Section 15.1-364 of the Code of Virginia of 1950, as amended; and, WHEREAS, subsequent thereto, all the landowners who would be affected by thf~ vacation of the aforesaid portion of Gemmell Avenue were notified of the filing of said petition and, of the Public Hearing th~~reon set for the 21st day of February, 1978, in the Town Office oi= Pulaski, Virginia, said notice being delivered to the landowners and also by pr oper::publication in the Southwest Times, a local newspaper, on February 5, ad'?12, 1978; and WHEREAS, on the 21st day of February, 1978, the Public Hearing was held ]pursuant to the of oresaid notices; Duane Dalton, who owns property adjoining Gemmell Avenue for a distance of 200 feet, sppeared anti said that Gemmell Avenue should be opened all the way. No other objections to the closing were heard. The June 30, 1978 .. r. ~~241 viewers report stated that in their opinion no inconvenience would result from the abandonment and discontinuance of the street by closing the southern 381 foot portion of said Gemmell Avenue, but there would be an inconvenience to the Duane Dalton property if it were closed for 581 feet as requested in the petition filed by Thomas J. McCarthy, Jr ,'; and WHEREAS, Duane Dalton, the property owner who objected at the public hearing, has now filed a letter with Council removing his objection to the closing of Gemmell Avenue for a distance of 581 feet to the intersection of Thomas Street, and joined with the other petitioner asking that Gemmell Avenue be closed for that distance; and 'i WHEREAS, the Council of the Town of Pulaski, Virginia, is of the opinion that all objections to the closing of Gemmell Avenue have been removed and no inconvenience would result from the closing of the entire 581-foot portion of Gemmell Avenue as requested in the petition and as ORDINANCE described below; and that all requirements of law have been complied with; NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, that: CONTINUES That portion of Gemmell Avenue shown-on a plat entitled "Plat of Burgis-Gemmell Subdivision", BEGINNING at the Southeastern corner of Lot No. 26 of the Burgis and Gemmell Addition and running North 11 deg. 45' East 581 feet to the northeastern corner of Lot No. 49 in said sub- division located in the southern boundary line of Thomas Street; thence South 78 deg. 03' East 30 feet to a point; thence South 11 deg. 45' West 581 feet to a point at the northeast corner of property of Futura Investments, Inc.; thence therewith North 80 deg. 15' West 30 feet to the point of Beginning; BE, and the same is hereby vacated as a public street in the Town of Pulaski, Virginia, subject to any existing easements and for an ease- ment 20 feet in width for use by the Town for any existing utilities located thereon or for use in the future for public utilities. BE IT FURTHER ORDAINED that the Town Manager cause to be recorded in the Deed Book of the County of Pulaski, Virginia, located in the Clerk's Office of said County, a copy of this ordinance, and to take any and alL other steps necessary to properly place on the record the said ordinance. BE IT FURTHER ORDAINED that Dan C. Bell, Curtis C. Jordan and Jack H. White, the of oresaid viewers, be paid the sum of Ten Dollars ($10.00) each, and that the costs involved in the vacating of the of ore- said street be paid by the petitioner. Town Attorney Moore then presented and read an ordinance to amend the Zoning Ordinance of the Town of Pulaski, Virginia, to change certain areas within the Town now zoned as Business (B-2 to Industrial M-1), and to amend Article IV, Section 4-2, Maps and Boundaries on the ORDINANCE Zoning Map to show the new area Industrial M-l. ADOPTED Councilman House moved the adoption of the ordinance. Motion CHANGING was seconded by Councilman Neblett, and carried on the following vote: ZONING & C. William Hickam, Jr. - Aye William A. House - Aye Andrew L. Graham, Jr. - Aye Bob J. Clark - Absent MAPS Blair B. Brookmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr.- Aye 6242 June 30, 1978 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE TOWN OF PULASKI, VIRGINIA; TO CHANGE CERTAIN AREAS WITHIN THE TOWN NOW ZONED AS BUSINESS(l~-2) TO INDUSTRIAL (M-1); AND TO AMEND ARTICLE IV, SECTION 4-2, MAPS AND BOUNDARIES ON THE ZONING MAP TO SHOW THE NEW AREA INDUSTRIAL (M-1) BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting i:n special session on this the 30th day of June, 1978, that: The Zoning Ordinance regulating certain areas of the Town be, and the same is hereby amended as follows: That certain area which is now zoned for Business B-2 uses, and described as follows: BEGINNING at the northeast intersection of Bell Avenue ORDINANCE with the southern boundary line of East Main Street (Rt. ~~99); thence with the southern boundary of East CHANGING ZONING Main Street, North 72 deg. 10' East 47.4 feet to a point; thence South 38 deg. 19' 27" East 105 feet to a point on FROM BUSINESS TO the present Industrial;M-1 Zone Boundary line; thence therewith South 71 deg. 51' West 74 feet to a point in the INDUSTRIAL RE: eastern boundary line of Bell Avenue; thence therewith North 24 deg. 31' Wes t; 113 feet to the point of Beginning; MARSHALL WELDING and being. all the property included in the petition of Marshall Welding Supplies, Incorporated, and that recommended by the Pulaski Planning Commission, SUPPLIES BE, and the same is hereby re-zoned to Industrial M-:1 and such uses permitted in Industrial M-1 as provided in Article X. BE IT FURTHER ORDAINED that Article IV, Section 4-2, be, and the same is hereby amended to change the above described area from Business (Gen.eral) B-2, to Industrial M-1, which amended map shall be deemed to accompany, be, and it is hereby made a part of this Ordinance. This ordinance shall become effective upon passage. Town Atrarney Moore presented an ordinance directing the COUNCIL officials of the Town of Pulaski to establish and enf orce a program of Cross-connection and Back-flow Prevention Control within the Town of Pulaski and for Consumers of water outside the Town who purchase water from the Town, and to incorporate by reference ADOPTS Section 6.00 of tree Department of Health Water Works Regulations. Motion was made by Councilman Meadows, that the ordinance be CROSSCONNECTION adopted. Motion was seconded by Councilman Neblett, and carried & BACKFLOW on the following vote: PREVENTION C. William Hickam, Jr. - Aye ORDINANCE Andrew L. Graham, Jr. - Aye Blai~.B. Brockmeyer - Aye John A. Johnston - Aye William A. House - Aye Bob J. Clark - Absent Arthur L. Meadows - Aye James M. Neblett,Jr.- Aye -June 30, 1978 AN ORDINANCE TO AUTHORIZE AND DIRECT OFFICIALS OF-THE TOWN OF PULASKI, VIRGINIA, TO ESTABLISH AND ENFORCE A PROGRAM OF CROSS-CONNECTION AND BACK-FLOW PREVENTION CONTROL WITHIN THE TOWN OF PULASKI AND FOR CONSUMERS OF WATER OUTSIDE THE TOWN WHO PURCHASE WATER FROM THE TOWN, AND TO INCORPORATE BY REFERENCE SEC. 6.00 OF THE DEPARTMENT OF HEALTH WATER WORKS REGULATIONS Sec. 1 (a) The Town Manager~:is hereby authorized and directed to establish and enf orce a program of Cross- connection and Backflow Prevention Control for wateY consumers both within the Town of Pulaski and outside for consumers using Town Water. $E IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in special session on the 30th day of June, 1978, that: (b) Adoption by Ref erence. ORDINANCE Sec. 6.00 of the Commonwealth of Virginia Department of Health's Water Works Regulations is,hereby incorporated herein and made a part hereof by reference. A Copy thereof shall be available. in the Town Manager's office, the Town Engineer's office, and~such other offices in the Town Municipal Building for use by the genexal public at all reasonable times. Sec..2. Definitions. 1 II u (a) "Purveyor" or "Purveyor of Water" shall mean the Town of Pulaski, Virginia. (b) "Town'! shall mean the Town of Pulaski, Virginia. (c) Air Gap Separation. The unobstructed vertical distance through the free atmosphere between the lowest opening from .any pipe or faucet supplying pure water to a tank, plumbing fixture, or other device and the rim of the receptacle. The minimum distance shall be twice the diameter of the supply line. 6~~~~3 (d) Auxiliary Water System. Any water system on or available to the premises other than the Town of Pulaski Waterworks, including water from another purveyor's waterworks; or water from a source such as wells, lakes, or streams; or process fluids; or used water; of water from a source over which the water purveyor does not have control. (e) Backflow. The flow of contaminants, pollutants, process fluids, used water, untreated waters, chemicals, gases, non-potable waters into any part of a waterworks. (f) Backflow Prevention Device. Any approved device, method or type of construction intended to prevent backflow into a waterworks. (g) Consumer. The owner or person in control of any premises supplied by or in any manner con~cted to the Town of Pulaski waterworks. (h) Consumer's Water System. Any water system located on the consumer's premises, supplied by or in any manner connceted to the Town of Pulaski System. (i) Contamination. Any intoduction into pure water of micro- organisims, wastes, wastewater, undesirable chemicals, or gases. (j) Cross-Connection. Any connection or structural arrangement, direct or indic~ct, to the Town: System whereby backflow can occur. (k) Degree of Hazard. This is a term derived from an evaluation of the pptential risk to health and the adverse effect upon the system. 6244 June 30, 1978 (1) Double Gate - Double Check Valve Assembly. An approved assembly composed of two single, independently acting check valves including tightly closing shutoff valves located at each endcof tb.e assembly and petcocks and test gauges for testing the watertightness of each check valve. (m) Health Hazard. Any condition, device, or practice in a waterworks or its operation that creates, or may create, a danger to the health and we'll-being of the water consumer. (n) Interchangeable Connection. An arrangement or device that will allow alternate but not simultaneous use of two sources of water. (o) Pollution. The .presence of any foreign Substance -~: ~`-,-= (chemical), physical, radiological, or biological, in water that tends to degrade its quality so as to cons itute an unnecessary risk or impair th.e usefulness of the water. (p) Pollution Hazard. A condition through which an aesthetically objectionable or degrading material may enter the Town system or a consumer's water system. ORDINANCE (q) Process Fluids. Any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted which would constitute a health, pollutional, or system hazard if CONTINUES Produced into the. system. This includes, but not limited to: 1. Polluted or contaminated waters. 2. Process waters, 3. Used waters originating from the waterworks which may have deteriorated, in sanitary quality. 4. Cooling waters. 5. Contaminated natural waters taken from wells, lakes, streams, or irrigation systems. 6. Chemicals in solution or-suspension, and 7. Oils, gases, acids, alkalis, and other liquid and gaseous fluids used in industrial or other processes, or for fire fighting purposes. (r) Pure. Water or Potable Water. Water fit for human consumption and use which is sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts for domestic usage in the area served and normally adequate in supply for the minimum b:ealth requirement of the persons served. (s) Reduced Pressure Principle Backflow Prevention Device.. A device containing; a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves. During normal. flow and at the cessation of normal flow, the pressure between these two checks shall be leds than t$e supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check. valves at less than the supply pressure. The unit must include tightly closing shut-off calves located at each end of the device, and each device shall be fitted with properly located test cocks. These devices must be of the approved type. ,i J (t) Service Connection. The terminal end of a service line from the Town system. If a meter is installed at the end of the service, then the. service connection means the downstream end of the meter. June 30, 1978 ' ' ~~~ (u) System Hazard. A condition posing an actual, or threat of damage to the physical properties of the Town system or a consumer's water system. (v) Used Water. Any water supplied from the Town system to a consumer's water system after it has passed through the service connection. Sec. 3. Priorities. (a) In establishing and enf arcing the control system under this ordinance, the Town Manager shall initiate a program consistent with the. extent of the system and the type consumer served, and particularly shall give priority to backflow prevention devices on service lines to consumers' water system serving the following: a. Hospitals, mortuaries, clinics, nursing homes; b. Laboratories, c. Piers, docks, waterfront facilities; d. Sewage treatment plants, sewage pumping stations, or storm water pumping stations; e. Food and beverage processing plants; f. Chemical plants, dyeing plants 1 ORDINANCE g. Metal plating industries; h. Petroleum processing or storage plants; i. Radioactive materials processing plants or nuclear reactors; j. Car washes; CONTINUES k. Lawn sprinkler systems, irrigation systems; 1. Fire service systems; m. Slaughter houses and poultry processing plants; n. Fa~ms~where the water is used for other than household purposes; o. Other specified by the purveyor and/or the Bureau when reasonable cause can be shown for a potential backflow or cross-connection hazard. (b) Upon the establishment of the plan, the Town Manager shall name one individual who shall be responsible for the inspection of the water works cross- connection and backflow prevention control, which shall be a continuing program. L, Sec. 4. Fire Service Connections. Plans for new service connection to facilities enumerated in sub-section (a) through (m) of Sec. 3 above, which require backflow prevention shall be submitted in duplicate to the Town Manager or designated agent and approved prior to construction. If the plans are disapproved, the Town shall immediately notify the person submitting the same and shall then indicate the changes necessary for approval. 646 June 30, 1978. Sec. 5. Inspection. (a) The Town shall make reasonable inspection and tests, at least annuall}~ of the backflow prevention devices, and shall also inspect premises where cross-connections with the Town's system is deemed possible. (b) All inspections shall be made at reasonable times and with prior notice to the owner or occupant of the premises to be inspected. Where possible, the 'owner or a qualified agent representing the owner shall be present at the time inspections are made. (c) Officials of the Town shall have-the right to enter premises served try a connection tothe Town water system for the purposes of enf orcing the ordinance. However, if entry to premises ORDINANCE is refused by th~a owner or other persons lawfully in charge of said premises, the Town upon a showing of probable cause that a violation of this ordinance exists, shall have the right to apply to the appropriate court for the necessary ordex to enter the premises. CONTINUES (d) The Town may request of the owner or his agent a copy of existing plans showing the piping system insalled on the premises, Refusal to do so shall be a violation of the ordinance. Sec. 6. Discontinuance of Service. Water service to a consumer may be discontimed for failure to comply with tlhe terms of the ordinance and shall not be restored until compliance is completed.` Sec. 7. Plumbing Code. This ordinance and the terms of the plumbing code of the Town shall be enf orced as a supplement each to the other. Sec. 8. Penalty. Any person or consumer found guilty of violating any of the provisions of this ordinance, or any written order of the Town, in pursuance thereof, shall, upon cinviction, be deemed guilty of a misdemeanor and shall be punished by a fYne of_not less than $25.00 nor more than $100.00 for each violation. Each day upon which a violation of the provisions of this act may occur shall be deemed a separate and additional violation for the purposes of this ordinance. At this time Mayor Ratcliffe presented to Councilman Hickam, PLAQUE TO COUNCILMAN whose term will 'expire July 1, 1978, a plaque for his many services to the HICKAM Town and wished for. Mr. Hickam the very best of everything. Councilman House moved that Council go into executive EXECUTIVE session on a personnel matter at 5:55 P. M. Motion was seconded SESSION by Councilman Johnston, and carried. At 7:15 P. M. Councilman Graham moved that Council return REGULAR to regular session. Motion was seconded by Councilman Brockmeyer, SESSION and carried. There being no further business to come before the Council, Mayor Ratcliffe declared the Council to be adjourned at 7':16 P. M. APPROV D: t V ~ ~ ATTEST: Mayor Ratc~.f e ~~ ~ ~ ~ ~ ~ er o ;~ ounci~