HomeMy WebLinkAbout01-18-72~: ~"~:~
Minutes of the regular meeting of the Pulaski Town Council,
held January 18, 1972 at 7:00 P. M. in the Council Chambers in the
Municipal Building.
There were present: Vice-Mayor S. G. Frye, presiding in the
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absence of Mayor Edens.
Councilmen: J. L. Congrove, J. H. White, Glen K. Aust,
Andrew L. Graham, Raymond F. Ratcliff,
William A, House
Absent: Mason A. Vaughan
Also present: Town Manager: J. E. Marshall
Clerk: Gladys R. Dalton
Town Attorney: Garnett S. Moore
Town Treasurer: J. L. Patterson
Chief of Police: E. K. Burroughs
Visitors: Esther Williams, Southwest Times reporter
Approximately fourteen (14) citizens
The invocation was given by Councilman Aust.
Minutes of the January 4th meeting were approved as recorded.
Frye
At this time Vice-Mayor/asked if any visitors had anything to
bring before the Council, and there was no response from the visitors.
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As Co-Chairman of the IItilities Committee, Councilman Graham
reported thatthe Committee had met just before the meeting and con-
sidered the contract between the Town and the Pulaski County Sch ool Board
for water services to the new elementary school on Route 611, and with the
CONTRACT exception of two minor changes, the contract was ready for the approval
WITH COUNTY
FOR WATERof Council. Mr. Graham moved that Council approve the contract dated
TO ELEM.
SCHOOL January 18, 1972 by and between the Town of Pulaski, Virginia, and the
APPROVED
Pulaski County School Board, as amended, for the construction of a water
line to the elementary school on Route 611, and that the Vice-Mayor,
together with the Town Clerk be authorized to execute the same on behalf
of the Town of Pulaski. The motion was seconded by Councilman Ratcliff,
and carried.
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Mr. Graham avdised that at the last meeting of Council a letter
from Mr. William L. Tate was presented in which letter Mr. Tate submitted
TATE his resignation from the Board of Zoning Appeals. Mr, Graham further
AGREES
TO REMAIN advised that he and Councilman Vaughan had contacted Mr. Tate with
MEMBER OF
BD. OF regards to reconsidering and that Mr. Tate has now agreed to remain on
ZONING APPEALS
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January 18, 1972
the Board until the expiration of his term of office. Mr. Graham
asked that a letter be written to Mr. Tate expressing appreciation
for his services in the past as well as appreciation for remaining on
the Board.
As Chairman of the Ordinance Committee, Councilman White
reported that the Ordinance Committee had met on several different
occasions and discussed matters before the committee. He advised that
the Committee had met with taxicab operators and their Attorneys, which
was a very productive meeting, and that the Ordinance Committee
recommended that the same number of Certificates of Public Con-
venience and Necessity be issued to the same operators as were issued
in 1971. The motion was seconded by Councilman House, and carried. For
the record of Council minutes, these permits are as follows:
City Cabs - - - - - - - 10
27CERTIFICATES E. V. Davis Cabs - - - - 3
Deluxe Cabs - - - - - - 6
ISSUED ~D TAXI Diamond Cabs - - - - - - 8
Total 27
OPERATORS
Mr. White reported that the Committee had also considered
the adoption of an ordinance governing junk cars, and read to Council
an ordinance proposed for Council's adoption. Mr. White reported
that a public hearing had been !held by the Council on this matter,
and moved that the ordinance be adopted. The motion was seconded
by Councilman Congrove, and carried, as follows:
AN ORDINANCE TO PROHIBIT THE KEEPING OF
INOPERABLE AUTONBJBILES IN CERTAIN ZONES
WITHIN THE TOWN OTHER THAN WITHIN ENCLOSED
BUILDINGS, PROVIDING EXCEPTIONS AND PENALTY
FOR VIOLATION
BE IT ORDAINED by the Council of the Town of Pulaski,
Virginia,- meeting in regular session on this 18th day of
January, 1972, than
ORDINANCE I. Definitions:
ADOPTED
PROHIBITING For the purpose of this Ordinance, the following terms,
KEEPING OF phrases, words, and their derivations shall have the meaning
INOPERABLE given herein.
AUTO MJBILES
1. Person: Every natural person, firm, partnership,
association or corporation.
2. Enclosed building or structure: Any building or
structure constructed and enclosed so as to prevent an auto-
mobile stored on the inside thereof from being viewed from
a street located on the same or lower level with said building
or structure.
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January 18, 1972
II. It shall be unlawful for any person, form, or corp-
oration to keep, except within an enclosed building or
structure, on any property zoned for residential or commercial
purposes, any automobile whose condition is such that it is
economically impractical to make it operable; provided, however,
ORDINANCE that the provisions of this ordinance shall not apply to a
person who on June 26, 1970, was regularly engaged in business
CONTINUES as an automobile dealer, salvage dealer or scrap processor,
and is licensed as such by the Town of Pulaski, Virginia.
Any person found guilty of violating this section shall
be deemed guilty of a misdemeanor and punished as provided in
Section 1-6 of the Code of the Town of Pulaski, Virginia.
It was brought to the attention of Council the necessity of
amending the Southern Standard Building Code adopted by the Town in
BUILDING 1967; also, to adopt the 1972 edition of the National Electrical Code,
& ELECTRICAL
CODES MUST and bring up todate the Town's Fire Prevention Code to be eligible
BE ADOPTED
FOR RE- for recertification of the Workable Program.
certification
OF WORKABLE Town Attorney Moore advised he had prepared an ordinance in
PROGRAM
connection with another matter, and suggested that Council recess for a
few minutes to discuss these ordinances, Councilman Ratcliff moved
that Council take a ten minute recess for this purpose, which motion was
COUNCIL seconded and carried,
RECESSES
TO CONSIDER After a ten minute recess Vice-Mayor Frye declared the meeting
0 RDINANC ES
to be again in regular session, to continue with committee reports.
Town Attorney Moore presented an ordinance concerning the Town's
Building Code, and Chairman White advised that this ordinance merely up-
dated the Town Code for the recertification of the Workable Program, and
moved its adoption, The motion was seconded by Councilman Aust, and
ORDINANCE
REVISING carried, as follows:
BUILDING ORDINANCE TO AMEND AND RE-ENACT SECTIONS
CODE 1, 4, 41, 42, 46, 47 and 48 OF THE BUILDING CODE
OF THE TOWN OF PULASKI, VIRGINIA, ADOPTED ON
ADOPTED JANUARY 20, 1953.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI,
VIRGINIA, that:
Section 1. TITLE.
This. ordinance shall be known as the "Building
Code," may be cited as such, and will be ref erred to herein as
to
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January 18, 1972
"this code". and will be deemed to include the provisions
of any other codes adopted by reference to said Code. How-
ever, in reference to any codes incorporated by reference,
the designation thereof shall be to "plumbing code",
"electrical code", eta:., and shall be deemed to be those
which are a part of this Code.
Section 4. SUPPLEMENTAL REQUIREMENTS.
The 1969 Edition of the Southern Standard Building
Code, any revision thereof or amendments thereto, herein-
after made and published shall be deemed to be the
generally accepted good practice for all matters not covered
by this Code, and are incorporated herein and made a psrt
of this Code by reference.
Any section of the Southern Standard Building Code
in conflict with Section 10 of this Code, and particularly
in conflict with Sub-sections 6, 6a, and 6c, shall in no
way apply or alter the fee schedule provided in Section 6
and subsections thereto. Any change in the permit fee
schedule shall be made by a specific amendment to the afore-
mentioned sub-section 6 of this Code.
Section 41. PLUMBING.
All plumbing and draining systems of the buildings
or structures shall be installed in conformity with the
BIIILDING 1971 Edition of the Southern Standard Plumbing Code, and
any revisions or amendments thereto, which code is incorporated
CODE herein, adopted, and made a part of this Ordinance as if it
were set out herein. Provisions in conflict with the Southern
AMENDMENTS Standard Plumbing Code, or any portion of this Code, shall be
interpreted as hereinbefore provided in Section 4.
Section 41.1 INSTALLATION OF GAS EQUIPMENT AND SERVICES.
All gas equipment and services within the Town shall
be installed in conformity with the Southern St~.ndard Gas Code,
1965 Edition as revised in 1968, and all other revisions and
amendments thereto, which Code amendments and revisions thereot
are incorporated herein, adopted, and made a part of this Building
Code.
Section 42. ELECTRICAL INSTALLATIONS.
All electrical wiring, apparatus, or appliances for furnish-
ing light, heat and power shall be in strict conformity with the
National Electrical Code, 1971 Edition, and all revisions,
and amendments thereto, which Code, amendments and revisions
thereto are incorporated herein, adopted and made a part of this
Building Code.
Section 46. HOUSING CODE.
Basic minimum housing standards deemed essential for safe
and healthful living and which provide the basic minimum re-
quirements under which residential occupancy shall be governed
and controlled within the Town of Pulaski are the requirements
contained in the Southern Standard Housing Code, 1969 Edition,
which Code, together with amendments and revisions thereto are
incorporated herein and made a part of .this Code by reference.
Section 47. INTERPRETATION.
The provisions of any codes adopted by reference as a part
of particular sections of this Code shall be applicable within
the Town of Pulaski insofar as said provisions are not in
direct conflict with the provisions of this Code, unless, however,
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January 18, 1972
in those instances where there is a conflict it is obvious
that this Code does not adequately and properly cover the
substance intended to be covered and does not provide adequate
standards for modern-day procedure and materials not commonly
used at the time this Code was adopted.
Section 49. COPIES OF CODE TO BE MADE AVAILABLE.
Copies of the Building Code and all Codes, amendments
and revisions thereto, incorporated in this Code by reference
shall be made available to persons desiring same on a cost
basis. A copy of this Code and of each of the other codes
ad~bpted by ref erence herein shall be kept on record in at
least the Town Manager's Office, the Building and Zoning
Administrator, and in the Clerk's Office of the Circuit Court
of Pulaski County, Virginia.
Supplemental codes, revisions and amendments shall be
made available and placed in the aforementioned places when
they are printed and become available to the Town.
Town Attorney Moore then presented to Council an ordinance
concerning traffic and parking violations which would mainly relieve
the individual from appearing in court in answer to a summons for such
violations. This ordinance This ordinance also had been considered by
the Town Council in recess and Councilman White moved the adoption
of same. The motion was seconded by Councilman House, and carried.
AN ORDINANCE 1'0 AMEND CHAPTER 16,
THE MJTOR VEHICLE AND TRAFFIC CODE
OF THE PULASKI TOWN CODE BY ADDING
THERETO SECTION i6-77, TRAFFIC
VIOLATION NOTICES, PROCEDURE, AND
PENALTY
Section 1$-77. Traffic Violation Notices, Procedure, and
Penalty.
ORDINANCE Traffic violation notices shall be issued to violators of
ADOPTED parking regulations and all non-moving regulations with the
AMENDING exception of persons charged with specific violations under
TRAFFIC circumstances which warrant action other than traffic notices,
& VEHICLE in which event the usual procedure of summons or arrests shall
CODE apP1Y•
Non-moving violations included in the aforesaid shall be
overtime parking at meters, overtime parking in limited areas,
parking in prohibited areas, parking on sidewalk, parking overtime
in loading zones, blocking driveways, improper parking and parking
more than eighteen inches from .curb, parking within fifteen feet
of fire hydrant.
Traffic violation notices given for overtime parking at
meters or for any other violation of parking involving meters
may be settled by payment, not later than 7:00 o'clock P. M.
on the day upon which said notice is given, of the sum of twenty-
five cents (.25) for. each violation notice, which payment shall be
in complete satisfaction of the offense. Payment of such notice
to be made by dropping the traffic violation notice or notices,
together with the required minimum penalty or penalties into one
of the payment boxes provided for such purpose and found attached
to meters at various places upon the streets within the Town, or
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January 18, 1972
by paying to such persons at police headquarters as from time to
time shall be designated by the Town Manager to receive such
payment, or by mailing the required amount of money for said
minimum penalty, together with traffic violation notice or
notices to the Police Department upon the same day said violation
notice was received. Cancellation date upon mail received shall
be conclusive evidence as to the time when such traffic violation
notices were placed in said mail .
In the event traffic violation notices are not paid as
above indicated, but paid thereafter and within five days of
the date upon which the notice was given, then they may be paid
at police headquarters for a minimum penalty of Two Dollars
and Fifty Cents ($2.50). The failure of any person to pay said
traffic violation notices .as above provided shall result in the
issuance of a summons on said notice and the offense being treated
as a misdemeanor, and punishable in like manner as provided for
punishment of misdemeanors under the laws of the State of Virginia.
Traffic violation notices given for non-moving parking
violations other than those involving parking meter violations,
may be settled by payment thereof within twenty-four hours from
the time the said traffic notice is given, for the following sums:
FOR:
Overtime in limited area $1.00
NIJTOR VEHICLE Parking in prohibited area 2.00
Parked on sidewalk 2.00
AND TRAFFIC Overtime in loading zones 1.00
Block driveway 2.00
CODE AMENDED More than 18 inches from curb 1.00
Parked within 15 feet of fire hydrant 3.00
Improper parking 1.00
Payment of the aforesaid notices may be made by dropping the
payment in the boxes attached to meters, by payment at the Police
headquarters or by mailing the required amount of money for said
minimum penalty, with the traffic violation, to the police department
within twenty-four hours of the time the notice was received as
provided above for parking meter violations.
In the event non-moving traffic violations other than
parking meter violations are not paid within twenty-four hours,
then the official designated by the Town Manager shall proceed
under the provisions of Section 16.19 and shall collect said
penalty as hereinabove provided, plus additional costs to
the Town for giving the required notice. In the event payment is
not made within a five-day period, then a warrant shall be
issued and served upon said violator in the regular manner for
execution of warrants.
It shall be the duty of the Town Manager, and he is hereby
authorized, to set up, provide necessary tickets, summons, etc.,
establish and publish a full and complete procedure for handling
traffic violation notices, and for such other procedure as he
may deem necessary, and he shall render reports on compliance
thereof at such times as he may deem it wise.
All amounts paid in under this ordinance to be credited
to and become a part of the general fund of the Town of Pulaski.
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This ordinance shall become effective upon the 1st day of
February, 1972, and after due publication for at least one time
of a synopsis of the ordinance in the Southwest Times.
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January 18, 1972
Councilman House reported that on several occasions there
had been discussed the possibility of the Town renting space in the
new Municipal Building to Alex M. Harman, Justice of the Virginia Supreme
Court. He stated further than the County of Pulaski is presently paying
for the rent on the office which Justice Harman now occupies as well as
office equipment, and it was felt that should this be worked out and the
County continue to pay for the rent of his office to the Town, this
income from rent could be used by the Town for improvements to the space,
SPACE TO BE
MADE which would mean completing the walls and floor. Mr. House moved that the
AVAILABLE
FOR RENT space be made available and that the work be done at a cost not to exceed
TO JUSTICE
HARMAN; $3500.00; and that the rental of same be on a yearly basis with the pro-
AT COST
OF $3500, vision of sixty days notice to vacate should the Town need the space.
ON YR. BASIS
The motion was seconded by Councilman Ratcliff, and carried.
Councilman House stated that although the matter had not been
ref erred to the Street Committee, as Chairman of that Committee, he would
like to discuss with the Town Manager and Chief of Police the matter of
PARKING
ON LEE parking on Lee Highway, the street running parallel with Route 11 from
HWY . REF .
TO ST. Northwood Drive to the Alum Spring Road. Councilman Ratcliff moved that
CO MM .
this matter be referred to the Street Committee, which motion was seconded
by Councilman White, and carried.
Town Manager Marshall presented to Council the application of
Elmer Abell to place a house trailer at 1328 Dora Highway. Mr. Marshall
PUBLIC stated a portion of the investigation had been completed and it appeared
HEARING
TO BE there is a trailer located on this lot. He recommended that the usual
ADVERTISED
ON APPLLC}~rocedure be followed in this matter. Councilman Aust moved that the usual
OF ELMER
ABELL procedure of holding a public hearing on the trailer application be followed,
HO US E
TRAILER and the motion was seconded by Councilman Graham, and carried.
Town Manager Marshall reported to Council on a ruling by the Attorney
General of Virginia relative to spring Councilmanic elections. Town Attorney
new
RULING Moore stated that he planned to get out a memorandum to members of Council
ON TOWN
ELECTIONS and Mayor Edens on this within the next few days.
Town Manager Marshall reported that in a recent discussion with
Fire Chief Hall, he had requested if it is at ail possible authorization
PREL.PLSN be granted for the preparation of preliminary plans for the construction
FOR FIRE
STATION of the Fire Substation to be located in the east end of the Town. On motion
of Councilman Graham, seconded by Councilman Aust, and carried, it was
resolved that the matter be referred to the Land & Buildings Committee for
study and report to Council.
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January 18, 1972
Town Manager Marshall reported that a representative from the
Social Security Administration would utilize Room 201 in the Municipal
SOC. SEC. `
TO UTILIZE Building each Wednesday from 9:00 A. M. to 3:00 P. M, with the ex-
ROOM 201
IN NEW ception of national holidays, in providing services to the citizens
MUNICIPAL
BLDG. of the Town and surrounding areas. The starting date had been set
for February 2nd.
Mr. Marshall also reported that contact with the Internal
INT. REV. Revenue Service office in Roanoke indicated they planned to use space
TO US E P .0 .
SPACE in the Post Office Building for this filing period, but should they
run into some difficulty, they would contact the Town relative to the
use of some space.
With regards to an invitation from the Montgomery County News
VPI CENTIN. Messinger to place an ad in the VPI Centennial Edition to be published in
EDITION
March, it was the decision of Council that it be considered further.
Town Manager Marshall called to the attention of Council the
MEETINGS two meetings to be held by the Highway Department on February 16th and 17th
SCHEDULED
ON ALLISON relative to the Allison Lane Project, and suggested that members of
LN . PROJ .
Council be present for these meetings.
Town Manager Marshall reported that Mr. Harry Aust had re-
quested permission to operate a junkyard which would meet the re=
POLLUTION &
SANITATION
quirements of the Zoning Ordinance. On motion of Councilman House,
COMM. TO
seconded by Councilman Ratcliff, and carried, the matter was ref erred
CONSIDER
JUNKYARD
APPLICATION
to the Pollution and Sanitation Committee for report at the next meet-
ing of Council.
Town Manager Marshall brought to the attention of the Council
the fact of a number of complaints had been received relative to dogs
DOGS AT
LARGE at large and running in packs. There was considerable discussion as
DISCUSSED
to what steps should be taken to correct this situation. It was the
PUB.SAFETY feeling that the County charges for the dog tax and has a Dog Warden,
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STUDY NEED and the first step should be taken by contacting the County about
OF LEASH LAW
this matter. Councilman House suggested that the Vice-Mayor or Mayor
appoint a committee on the matter, and Vice-Mayor Frye appointed the
Public Saf ety Committee to make a study of the problem to see if a leash
law is needed. The motion was seconded by Councilman Graham, and
carried.
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January 18, 1972
Mr. Obel Ratcliff approached Council relative to a matter
of developing certain lots in the Town of Pulaski and complying with
certain rules and regulations of the Town. He was advised by the
OBEL Town Attorney that it was a matter :to be considered either by the Board
RATCLIFF
AIbVISED of Zoning Appeals in granting a variance, or Mr. Ratcliff could debelop
ZONING
REGULATS. the space into lots of 100 ft. frontage.
PREVAIL
Councilman White moved that Council go into executive session
EXECUTIVE to discuss a personnel matter, which motion was. seconded by Councilman
SESSION
Ratcliff, and carried.
At 9:45 Council returned to regular session and at 9';46
P. M. Councilman Ratcliff moved, seconded by Councilman Congrove, and carried,
Council adjourned.
APPROVED:
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Vice-Mayo Frye
ATTEST
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Cler of Council
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