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HomeMy WebLinkAbout01-02-73~~,. ~~ ~~Q Minutes of the regular meeting of the Pulaski Town Council, held January 2, 1973, at 4:00 P. M. in the Council Chambers in the Municipal Building. There were present; Mayor C. Robert Edens, presiding. Councilmen: Mason A. Vaughan, A. L. Graham, Arthur L. Meadows, S. G. Frye, Glen K. Aust, William A. House, Raymond F, Ratcliff, J. L. Congrove Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Bonni McKeown, reporter for Southwest Times Lawrence Myers W. K. Jessee Mrs, 0. M. Duncan The invocation was given by Councilman Vaughan. Minutes of December 19th were approved as recorded. Mayor Edens advised this was the time and place, as advertised in the local newspaper, for holding a public hearing on the applica- tion of Mrs. R. A. Douthat for permission to place a house trailer on lot located at 1233 Floyd Lane, and that the Council would be glad PIIBLIC to hear from anyone either for or against the placing of a trailer HEARING at this location. Mr. Lawrence Myers of 1225 Floyd Lane, and Mr. W. K. Jessee, 1221 Floyd Lane, both stated they definitely were against a trailer being placed at 1233 Floyd Lane. .Town Manager Marshall stated TRAILER APPLIC. OF that the Engineering Department contacted Mr. Sumner of First Federal MRS .R .A . DOtITHAT Savings & Loan, who objected to the proposed location on behalf of DENIED his corporation in handling the Estate of Wilbur B. Teel, which property is across the street at 1228 Floyd Lane. Councilmen Frye Aust and Ratcliff also stated they had received some calls in opposi- tion to the trailer. Town Manager Marshall advised that the investiga- tion made by the Engineering Department indicated the lot size, etc. met the criteria for house trailers, but in view of the many objections received, he could not recommend that the permit be granted. Councilman Aust moved that in view of the many objections received, that the permit be denied, which motion was seconded by Councilman Vaughan, and carried. ~~~~''~~ January 2, 1973 e~,, ~ - 4*y^ r. Councilman Frye reported that the Finance Committee had met and recommended that the short term obligations at the two local banks be retired on January 15, 1973, which is a budget item. $80,000. FR. REV,. He stated further that the Committee recommended that $80,000.00, SHARING TFR.TO plus interest, from the Federal Revenue Sharing Fund be transferred GEN . FUND TO RETIRE to the General Fund Surplus in order to effect this retirement SHORTTERM ' OBLIGATIONS and as Chairman of the Finance Committee so moved, which motion AT LOCAL BANKS was seconded by Councilman Vaughan, and carried on the following recorded vote; Mason A. Vaughan - aye Glen K. Aust - aye Andrew L. Graham - aye William A. House - aye Arthur L. Meadows - aye Raymond F. Ratcliff - aye S. G. Frye - aye J. L. Congrove - aye Town Manager Marshall advised that the Finance Committee and Public Safety Committee had considered at the same meeting the problems concerning two of the police cars; that new state contracts $4,922.40 had been received and two 1973 police cars could be purchased for APPROP . FOR PUR. OF $4,922.40, and the Town sell the two old police cars outright. POLICE CARS Councilman Frye stated that it was the recommendation of the Finance Committee that the sum of $4,922..40, or whatever part thereof is needed in the replacement of the two police cars, be appropriated from the General Fund Surplus, which motion was seconded by Councilman Ratcliff, and carried on the following recorded vote: Mason A. Vaughan - aye Glen K. Aust - aye Andrew L. Graham - aye William A. House - aye Arthur L. Meadows - aye Raymond F. Ratcliff - aye S. G. Frye - aye J, L. Congrove - aye Councilman Frye reported that a request from Judge Dale LaRue of the Pulaski County Court for authorization to employ a part time clerical assistant with compensation not to exceed AUTHORIZED $1800.00 annually had been ref erred to the Finance Committee; and PAYMENT OF $1800. TO that Judge LaRue had stated the increase of cases processed by the CO .COURT FOR EXPENSES OF Court office of the Town of Pulaski cases had brought about the PART TIME HELP necessity of securing part time help. Mr. Frye stated that after a study of the cases processed a meeting was held with Judge LaRue and that it was the recommendation of the Finance Committee that a special appropriation in the amount of $1800.00 be made to the Pulaski County Court for part time clerical help, which motion was seconded by Councilman Aust, and carried on the f ollow- ing recorded vote: January 2, 1973 Mason A. Vaughan - aye Andrew L. Graham - aye Arthur L. Meadows - aye S. G. Frye - aye Glen K. Aust - aye William A. House - aye Raymond F.Ratcliff - aye J. L. Congrove - aye Councilman Aust reported that because proper precautions (M.r e.. ,. ~. ; had been taken to seal off the bridge near Dora Highway which had been BRIDGE AT PEAK CREEK washed off its piers during a recent flooding of Peak Creek, the SEALED OFF FROM Public Safety Committee felt this action was sufficient and the PUBLIC Committee had no further recommendation. An ordinance to amend and re-enact Section 16-49 of the Town Code relating to the use of Chemical Tests to determine alcohol in blood, eahich had been requested by the Council, was presented to the Council by Town Attorney Moore. On motion of Councilman Aust, seconded by Councilman House, and carried, the following ordinance was adoptedt BLOOD ALCOHOL AN ORDINANCE TO AMEND AND RE-ENACT SECTION TEST ORDINANCE 16-49, AS AMENDED, OF THE PULASKI TOWN CODE ADOPTED RELATING TO THE USE OF CHEMICAL TESTS TO DETERMINE ALCOHOL IN BLOOD; PROCEDURE; QUALIFICATIONS; COSTS; EVIDENCE; SUSPENSION OF LICENSE FOR REFUSAL TO SUBMIT TO TEST BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, that: (1) Section 16-49 of the Pulaski Town Code be amended and re-enacted as follows: Use of chemical tests to determine. alcohol in blood; Procedure; Qualifications; Costs, Evidence; Suspension of license for refusal to submit to test. (2) As used in this section "license" means any operator's, chauffeur's or learner's permit or license authorizing the operation of a motor vehicle upon the highways. (b) Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a public street or highway in this town on and after January First, Nineteen Hundred and Seventy-Three (January 1, 1973), shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood, or breath, taken for a chemical test to determine t1~e alcoholic content of his blood, if such person is arrested for a violation of section 16-48, within two hours of the alleged offense. Any person so arrested shall elect to have either the breath or blood sample taken, but not both. It shall not be a matter of defense that either test is not available. (c) If a person, after being arrested for a violation of Section 16-48 and after having been advised by the arresting officer that a person who operates a motor vehicle upon a public street in this town shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood or breath taken for a chemical test to determine the alcoholic content of his blood, and that the unreasonable re- fusal to do so constituted grounds for the revocation of the privilege of operating a motor vehicle upon the highways of this state, then refuses to permit the taking of a sample of his blood or breath for such test, the arresting officer shall take the person ~~~~ ~ ALCO F~DL BLOOD TEST ORDINANCE ADOPTED January 2, 1973 arrested before a committing magistrate and if he does again so refuse after having been further advised by such magistrate of the law requiring a blood or breath test to be taken and the penalty for refusal, and so declares again his refusal in writing upon a f orm provided by the chief medical examiner of Virginia (hereinafter referred to as Chief Medical Examiner), or refuses or fails to so declare in writing and such fact is certified as prescribed in subsection (j) of this section, then no blood or breath sample shall be taken, even though he may thereafter request same. (d) Only a physician, registered professional nurse, graduate laboratory technician or a technician or nurse de- signated by order of a court of record acting upon the recommendation of a licensed physician, using soap and water to cleanse the part of the body from which the blood is taken and using instruments sterlized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining the alcoholic content thereof. No civil liability shall attach to any person authorized to withdraw blood as provided herein as a result of the act of withdrawing blood from any person submitting thereto, provided the blood was withdrawn according to recognized medical procedures; and provided further, that the foregoing shall not relieve any such person from liability for negligence in the withdrawing of any blood sample. (dl) Portions of the blood sample so withdrawn. shall be placed in each of two vials provided by the Chief Medical Examiner, which vials shall be sealed and labeled by the person taking the sample or at his direction, showing on each the name of the accused, the name of the person taking blood. sample, and the date and time the blood sample was taken. The vials shall be placed in two containers provided by the Chief Medical Examiner, which con- tainers shall be sealed so as not to allow tampering with the contents. The arresting or accompanying officer shall take possession of the two containers holding the vials as soon as the vials are placed in such containers and sealed, and shall transport or mil one of the vials forthwith to the Chief Medical Examiner. The officer taking possession of the other container (hereinafter referred to as second container) shall, immediately of ter taking possession of such second container give to the accused a form provided by the Chief Medical Examiner, which shall set forth the procedure to obtain an independent analysis of the blood in the second container, and a list of those laboratories and their addresses, approved by the state health commissioner.. Such form shall contain a space for the accused or his counsel to direct the officer possessing such second container to forward that container to such approved laboratory for analysis, if desired. The officer having the second container, after delivery of the form referred to in the preceding sentence (unless at that time directed by the accused in writing on such form to forward the second container to an approved laboratory of the accused's choice, in which event the officer shall do so) shall deliver the second container to the chief of police of the town, and the chief of police shall keep it in his possession for a period of seventy-two hours, during which time the accused or his counsel may, in writing, on the form provided hereinabove, direct the chief of police having possession of the second container to mail it to the Laboratory of the accused's choice chosen from the approved list. i J 1 January 2, 1973 (d2) The testing of the contents of the second container shall be made in the same manner as hereafter set forth concerning the procedure to be followed by the chief medical examiner, and all procedures established herein for trans- mittal, testing and admission of the result in the trial of the case shall be the same as for the sample sent to the chief medical examiner. (d3) A fee not to exceed fifteeh dollars shall be allowed the approved laboratory for makking the analysis of the second blood sample, which fee shall be paid out of the appropriation for criminal charges. If the .person whose blood sample was withdrawn is subsequently convicted for violation of section 16-48, the fee charged by the laboratory for testing the blood sample shall be taxed as part of the costs of the criminal case and shall be paind into the town treasury. (d4) If the chief of police is not directed as herein provided to mail it within seventy-two hours after receiving such container, then such officer shall destroy the same. (e) Upon receipt of the blood sample forwarded to his dfice for analysis, the chief medical examiner shall cause it to be examined for alcoholic content, and he or an assistant chief medical examiner shall execute a certificate which shall indicate the name of the accused, the date, time and by whom the blood ALCOf~OL sample was received and examined, a statement that the container BLOOD TEST seal had not been broken or otherwise tampered with, a statement ORDINANCE that the container was one provided by the chief medical examiner ADOPTED and a statement of the alcoholic content of the sample. The certificate attached to the vial from which the blood sample ex- amined was taken shall be returned to the clerk of the co urt in which the charge will be heard. The certificate attached to the container forwarded on behalf of the accused shall also be returned to the clerk of the county court, and such certificate shall be admissible in evidence when attested by the pathologist or by the supervisor of the laboratory approved by the state health commissioner. jj.a ~c ~l° ~-w~nf_~ (f) When any blood sample taken in accordance with the pro- visions of this section is forwarded for analysis to the office of the chief medical examiner, a report of the results of such analysis shall be made and filed in that office. Upon proper identification of the vial into which the blood sample was placed, the certificate as provided for in this section shall, when duly attested by the chief medical examiner or any assistant chief medical examiner, be admissible in any court, in any criminal proceeding, as evidence of the facts therein stated and of the results of such analysis. (g) Upon the request of the person whose blood or breath sample was taken for a chemical test to determine the alcoholic content of his blood, the results of such test or tests shall be made available to him. (h) A fee not exceeding ten dollars shall be allowed the person withdrawing the blood sample in accordance with this section, which fee shall be paid out of the appropriation for criminal charges. If the person whose blood sample was with- drawn is subsequently convicted for violation of section 16-~+8, the amount charged by the person withdrawing the sample shall be taxed as part of the costs of the criminal case and shall be paid into the town treasury. (i) In any trial for a violation of section 16-48, this section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue bef ore the court, and the court shall, regardless of the result of the blood or breath test or tests, if any, consider such other relevant evidence of the condition of the accused as shall be admissible in evidence. The failure of an accused to permit a sample of his blood or breath to be taken for a chemical test to determine the alcoholic content of his blood is not evidence and shall not be subject to comment at the trial of the case; nor shall the fact that a blood or breath test had been offered ~ "~ ~~~~,_. January 2, 1973 the accused be evidence or the subject of comment. (j) The form ref erred to in subsection (c) of this section shall contain a brief statement of the law requiring the taking of a blood or breath sample and the perrtlty for refusal, a declaration of refusal and lines for the signature of the person from whom the blood or breath sample is sought, the date and the signature of a witness to the signing. If such person refuses or fails to execute such declaration, the committing justice, clerk, or assistant clerk shall certify such fact, and that the committing justice, clerk or assistant clerk advised - the person arrested that such refusal or failure, if found to be unreasonable, constitutes grounds for the revocation of such person's license to drive. The committing or issuing justice, clerk, or assistant clerk shall forthwith issue a warrant charging the person ref using to take the test to determine the alcoholic content of his blood, with violation of this section. The warrant shall be executed in the same manner as criminal warrants. (k) The executed declaration of refusal or the certificate of the committing justice, as the case may be, shall be attached to the warrant and shall be forwarded by the committ- ing justice, clerk or assistant clerk to the county court, (1) When the court receives the declaration of refusal or certificates referred to in subsection (k) of this section, together with the warrant charging the def endant with re- fusing to submit to having a sample of his blood taken for the determination of the alcoholic content thereof, the court shall fix a date for the trial of such warrant, at such time ALCOHOL as the court shall designate, but subsequent to the defendant's BLOOD TEST criminal trial for driving under the influence of intoxicants. ORDINANCE ADOPTED (m) The declaration of refusal or certificate under subsection (k) of this section, as the case may be, shall be prima facie evidence that the defendant refused to submit to the taking of a sample of his blood or breath to determine the alcoholic content of his blood as provided hereinabove. However, this shall not be deemed to prohibit the def endant from introducing on his behalf evidence of the basis for his ref usal to submit to the taking of a sample of his blood or breath to determine the alcoholic content of his blood. The court shall determine the reasonableness of such refusal. (n) If the court shall find the defendant guilty as charged in the warrant, the court shall suspend the defendant's license for a period of ninety days for a first offense and for six ` months for a second or subsequent offense,or refusal within one year.of the first or other such refusals. The time shall be computed as follows: The date of the first offense and the date of the second or subsequent offense. (o) The court shall forward the defendant's license to the commissioner of the dividion of motor vehicles as in other cases of similar nature for suspension of license unless, however, the def endant shall appeal his conviction, in which case; the court shall return the license to the defendant upon his appeal being perfected. (p) The procedure for appeal and trial shall be the same as provided by law for misdemeanors. (q) No person arrested for a violation of section 16-48 shall be required to execute in favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood and as a condition precedent to the withdrawal of blood as provided for herein. January 2, 1973 (r) The court or the jury trying the case shall determine the innocence or the guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense. (rl) Chemical analysis of a person's breath, to be considered valid under the provisions of this section, shall ORDINANCE FOR be performed by an individual possessing a valid license to ALCOHOL conduct such test, with a type of equipment and in accordance BLOOD TEST with the methods approved by the State Health Commissioner. ADOPTED Such breath testing equipment shall be tested for accuracy by the State Health Commissioner's office at least once every six months. (s) The steps herein set forth relating to the taking, handling, identification and disposition of the blood and breath samples are procedural in nature and not substantive. Sub- stantial compliance therewith shall be deemed to be sufficient. Failure to comply with any one or more of such steps or portions thereof, or a variance in the results of the two blood tests shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered as set forth above with all the evidence in the case, provided that the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedure or any part thereof, and that as a result his rights were prejudiced. This ordinance shall be effective on and after January Second,Nineteen Hundred and Seventy-three (January 2, 1973). ADOPTED THIS 2nd day of January, 1973. 1 Town Manager Marshall reported that a letter had been F~~;~ received from the Virginia Municipal League's Executive Committee advising a resolution had been adopted by the Committee, and requested the support of the Town of Pulaski in their position regarding labor Legislation. The resolution read as follows: "Resolved, that the Executive Committee SUPPORTS of the Virginia Municipal League recommend a statewide referendum on any RESOLUTION OF VA. MUN.proposed bill relating to public employer-employe relations, effecting LEAGUE RESTATE- state and local employe, before it becomes effective in any city, town WIDE REFERENDUM or county, and further directs that a copy of this resolution be sent RE:EMPLOYE EMPLOYER to each city, town and urban county". After a discussion of the resolution, RELATIONS Councilman House moved that the Town of Pulaski support the resolution as adopted by the League's Executive Committee. The motion was seconded 1 by Councilman Graham, and carried. Town Manager Marshall reported that with respect to a possible BEAK rechanneling of Peak Creek, he had met with Congressman William Wampler, who CREEK RE-GRAN had indicated he would make whatever arrangements necessary for Town ELING DISCUSSED representatives to meet with him and another official who had indicated WITH WAMPLER e ~ ~F~~~ ~'~~ January 2, 1973 an interest in this matter, to determine the best procedures possible. Mr. Marshall also reported that the Town's Engineer- ing Department had been requested to prepare a preliminary sketch showing profiles and cross sections with a possible Iine for re- location in the eastern portion of the Town, beginning at the Norfolk and Western Railway trestle, straightening the ckeer channel from that point to where it would intersect with Peak Creek at the sewage treatment plant. Mr. Marshall reported that as per instructions from COPIES OF the Council at its last meeting, copies of all ordinances adopted ORDINANCES FORWARDED by the Council since May of 1969 through the last meeting o~ TO MICHIE FOR Council had been forwarded to the Michie Publishing Company SUPPLEMENT for printing of a supplement, and as soon as the cost of the supplement had been received Council would be advised of same. Town Manager Marshall reported that upon the recommendation of the Consulting Engineers, Wiley and Wilson, WORK regarding the replacement of the pump at the Peak Creek pumping STARTED ON REPLACEMT. station and related work, contacts- had been made with companies OF PUMP AT PEAK qualified in the cleaning and relining of east iron water mains, CREEK P .S TA . and as soon as these cost estimates were received a meeting with the Utilities Committee would be scheduled. Town Manager Marshall reported that information had been received that the State Board of Housing will hold a hearing STATE BD. OF HOUSING January 29, 1973 at 10:00 A. M. for the purpose of ~.dopting the HEARING ON BOAC CODE BOCA Code, which is the Building Officials and Code '.Administration Code, with amendments, as a statewide building code. Mr. Marshall further stated the Town of Pulaski has for some years used the Southern Standard Code, and contained within the law is a provision that two years from the implementation for adoption of the State Building Code, all municipalities have the opportunity to make the transition. Mr. Marshall suggested that in view of the State Board of Housing apparent adoption of the BOAC, the Town should consider within the next eighteen to twenty-four months the adoption thereof and make whatever changes are necessary. Town Manager Marshall gave a summarized report on build- DECEMBER ing permits issued for the month of December, as well as an activity report REPORT OF BUILDING f or the Police Department during the month of November, 1972. A report PERMITS ISSUED January 2, 1973 was also given on the activities of the Fire Department. Mayor Edens complimented the Police Department on the recent report of "no fatalities" for the year 1972, and for alerting MAYOR the public during the holiday season about speeding and driving while COMPLIMENTS POL. DELPT. under the influence of intoxicants. NO FATALITIES" Mr .Fred Jackson, who arrived at the meeting Late, brought to Council's attention his desire for permission to establish FRED JACKSON RE: TRAILER a trailer court west of Randolph Avenue, north, and was advised to COURT WEST OF RAND.AVE. present all of his information on this request to the Town Manager.. At 5:05 P. M. Councilman Vaughan moved that the meeting be adjourned, The motion was seconded by Councilman Ratcliff, and carried. APPROVED: ..` r~ ~~~r~ Mayor Edens ATTEST: /~ ~" Cl of Council 1