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HomeMy WebLinkAbout01-16-73~k~~~:~ January 16, 1973 contract, and that all members of the Council had been provided copies of same. Mr. Graham urged all members to study this draft so they would be familiar with it when it is presented to the Council later. Mr. Graham gave a brief resume of the contents, and asked the Council for any constructive criticism they might have. Attorney Moore suggested that an executive session should follow Council's regular meeting to discuss some legal aspects of the contract before a meeting with the Committee, and Councilman Graham moved the Committee review the contract and make whatever changes are necessary. The motion was seconded by Councilman Aust, and carried. Councilman House stated that the New River Valley Planning District Commission would be meeting before the next Council meeting, NRVPLANNING and asked if there were any recommendations the Council wished him to DIST. COMM. MEETING - make to the Commission, or should he, as Council's representative on RE:HAHN REPORT NO ACTION the Commission, take any position with regards to the Hahn Report. Town Manager Marshall stated that he felt that the authority to implement may allow the Planning Districts to be able to tax and with as many non- elected representatives as there are on the Commission at this time, it may be unconstitutional. Councilman House stated he would not favor a Service District approach. No instructions or recommendation were givn to Councilman House to present at the meeting other than to maintain the status-quo. Councilman Ratcliff reported that the sewer part of the contract with the County had been under discussion and was now in rough SEWER PART OF COUNTY draft form and it, too, would be studied and come back to the Committee CONTRACT IN ROUGH after a discussion on it with the Council. FORM FOR STUDY Councilman Frye reported on behalf of the Finance Committee, that at the last meeting of Council a motion was made that the sum of $80,000.00, plus interest, be transf erred from the Federal Revenue RECIND MOTION FOR TFR. OF Sharing Funds to the General Fund Surplus to pay off the short term. REV . SHR ,FUNDS T'0 GEN.F~JND obligations at the two local banks, and inasmuch as the guidelines are not clear at this point regarding the use of federal funds, the Committee recommended that the motion be rescinded, and Councilman Frye so moved, ~'~~ ~ January /~, 1973 The motion was seconded by Councilman Aust, and carried on the following recorded vote: Mason A. Vaughan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 Congrove reported that the Ordinance Committee had met and reviewed ordinances necessary for the re- certification of the Town's Workable Program, dealing with the RECERTIF I- CATION OF Building Code of the Town of Pulaski as well as the establishment WORKABLE PROGRAM of the office of Building and Zoning for the Town, and asked that Town Attorney Moore present these two ordinances in his report to the Council. Town Attorney Moore reported there were three ordinances for Councils consideration, the first of which was with regards to the rezoning of the parcel of Land at the corner of Fifth Street and Madison Avenue which the Coleman Furniture Corporation had petitioned Council. This ordinance was read to Council by Mr. Moore, and on motion of Councilman Vaughan, seconded by Councilman Aust, was adopted 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 - abstained J. L. Congrove - aye AN ORDINANCE TO AMEND AND RE-ENACT SECTION 4-2, MAPS AND BOUNDARIES, OF THE ZONING ORDINANCE OF THE TOWN OF PULASKI, VIRGINIA, ORDINANCE OF 1965; TO RE-ZONE THE HEREINAFTER DESCRIBED ESTABLISHING PARCEL FROM BUSINESS B-2 TO INDUSTRIAL M-1, BOUNDARIES FOR AND TO REVISE THE ZONING MAP ACCORDINGLY REZONING ON MADISON RE: BE IT ORDAINED BY THE COUNCIL OF THE TOWN DF PULASKI, COLEMAN FURN. VIRGINIA, MEETING IN Regular Session on this 16th day of January, 1973, that; WHEREAS, the Council received a request from Coleman Furniture Corporation to re-zone a parcel of land owned by it at the corner of Madison Avenue and Fifth Street, Nor ~, and did thereon ref er same to the Planning Commission; a joint public hearing between the Planning Commission and the Town was held; and WHEREAS, the Town Council finds that all the requirements of law for amending the Zoning Ordinance have been followed: NOW, THEREFORE Article IV, Sec. 4-2, Districts which establishes the boundaries of the zoning districts within the said Town and describes same on a map known as "The Zoning Map of the Town of Pulaski, Virginia", which map is a part of the Zoning Ordinance and filed in the office of the Town Manager of the Town of Pulaski, is amended and re-enacted as follows: 1 1 C CMS "~ c ~= ~ k January 16,1973 That certain parcel of land lying in the Town of Pulaski, Virginia, described as: ORDINANCE CONTINUED BEGINNING at a point in the western boundary line of North Madison Avenue, South 1 deg. 45' West 75 feet from the intersection of the west Line of .Madison Avenue and the south line of Fifth Street, North, thence con- tinuing along the western boundary line of Madison Avenue, South, 1 deg.. 45' West 208 feet, 2 inches, to the northern boundary line of a.20 foot alley; thence North 88 degs. 15' West 75 feet to a point; thence North 1 degs. 45' East 196 feet, 9 inches to a point; thence North 83 degs. 25' East 75.8 feet,more or less to the point of beginning. now zoned as Business B-2, be, and the same is hereby amended and rezoned to Industrial M-1, and said section shall hereafter from the effective date of this ordinance be subject to alI the regulations and conditions applicable to Industrial M-1 Districts, in the Town of Pulaski, Virginia. After having been read to the Council by Town Attorney Moore, the following ordinance was adopted by Council as follows; on motion of Councilman Aust, seconded by Councilman Congrove, and carried: Mason A. Vaughan - aye Glen K. Aust - aye ORDINANCE Andrew L. Graham - aye William A. House - aye REGULATING Arthur L. Meadows - aye Raymond F.Ratcliff - aye ERECTION, S • G. Frye - aye J . L . Congrove - aye CONSTRUCTION, ETC . OF BLDGS . AN ORDINANCE TO REGULATE THE .ERECTION, CONSTRUCTION, IN PULASKI ENLARGEMENT, ALTERATION, REPAIR, 1~AVING, REMOVAL, CONVERSION, DENALITTiON, OCCUPANCY AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE TOWN OF PULASKI, VIRGINIA, AND T10 BE ADOPTED AS SECTIONS OF THIS ORDINANCE, BUT TO BE CITED AS BUILDING CODE, ELECTRICAL CODE, GAS CODE, HOUSING CODE AND PLUMBING CODE; TO PROVIDE FOR ISSUANCE OF PERMITS, COLLECTION OF FEES, PROVIDING PENALTIES FOR THE VIOLATION; AND TO REPEAL CERTAIN ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND TO EXCEPT CERTAIN SECTIONS OF THE VARIOUS CODES ADOPTED BY REFERENCE. BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, as follows: SECTION 1. TITLE This ordinance shall be known as the Building Code and may be cited as such; and the Codes which are adopted hereunder, although set out as sections, shall be referred to as the Electrical Code, Gas Code, Housing .Code and Plumbing Code, and cited as such in general as the Electrical Code, etc. SECTION 2. PURPOSE. The purpose of this Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, con- struction, quality or materials, use and occupancy, location and maintenance of all buildings and structures within the town and certain equipment specifically regulated herein. The pro- visions of this Ordinance shall be construed in accordance with the laws of the State and shall supplement any State laws insofar as there is no prohibition upon the Town of Pulaski to exceed the standards of Sate laws. ~M~~ p F January 16, 1973 SECTION 3. BUILDING CODE (3.1) The 1969 edition of the Southern ORDINANCE Standard Building Code, with 1971 revisions thereof, is CONTINUED hereby adopted by reference and it is, and shall be, cited as the Building Code for the Town of Pulaski, Virginia, with the exception, however, that Sections 102.1 and 102.3 are deleted from this Ordinance as it shall be enf orced within the Town of Pulaski, Virginia. SECTION 4. ELECTRICAL CODE (4.1) The 1971 edition of the National Electrical Code is hereby adopted by reference, and it is, and shall be, cited as the Electrical Code for the Town of Pulaski, Virginia. (4.2) Fees for permits required by this section shall be determined by the. same values and the same method established in Section 107 of the Southern Standard Building Code. SECTION 5. GAS CODE (5.1) The 1969 edition of the Southern Standard Gas Code, with 1971 revisions thereof, is hereby adopted by reference, and it is, and shall be, cited as the Gas Code for the Town of Pulaski, Virginia, with the exception, l9iowever, that Appendix "A" is deleted from this Ordinance as it shall be enforced within the Town of Pulaski, Virginia. (5.2) Fees for permits required by this section shall be determined by the same values and the same methods established in Section 107 of the Southern Standard Building Code. SECTION 6. HOUSING CODE (6.1) The 1969 edition of Southern Standard Housing Code is hereby adopted by ref erence, and it is, and shall be, cited as the Housing Code for the Town of Pulaski, Virginia. SECTION 7. PLUMBING CODE (7.1) The 1971 edition of the Southen Standard Plumbing Code is hereby adopted by reference, and it is, and shall be, cited as the Plumbing Code for the Town of Pulaski, Virginia, with the exception, however, that Section 102.1, 102.2, 106.1 and 106.3 (A) are deleted from this Ordinance as it shall be enforced within the Town of Pulaski, Virginia. (7.2J Fees for permits required by this section shall be determined by the same values and the same methods established in Section 107 of the Southern Standard Building Code. SECTION 8. ENFORCEMENT The provisions of this Ordinance shall be en- f orced by the Building and Zoning Administrator of the Town of Pulaski, Virginia, and other officials of the Building and Zoning Department. SECTION 9. APPEAL Whenever the Building Official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this code do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed fl 1 J ~~~,~F ~~ January 16, 1973 that the true intent and meaning of this code or any of ORDINANCE the regulations thereunder have been misconstrued or wrongly CONTINUED interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the Building Official to the Board of Adjustments and Appeals. Notice of appeal shall be in writing and filed within 90 days after the decision is rendered by the Building Official. A fee of $15.00 shall accompany such notice of appeal. SECTION L0. REPEAL (L0.1) Any ordinance or code or part thereof which is in conflict with the provisions of this Ordinance is hereby repealed unless said ordinance or code spec ificaLly ex- cept the provisions thereof from this ordinance. SECTION 11. VIOLATIONS AND PENALTIES Any pa"son, firm, corporation or went who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or drawing submitted and approved thereunder, shall ' be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, or continued and upon conviction of any such violation such person shall be punished within the limits and as provided by State Laws. On motion of Councilman Congrove, seconded by Councilman Aust, and carried on a unanimous vote, as follows, the following ordinance establishing the office of Building and Zoning for the Town of Pulaski, was adopted after having been read to them by Town Attorney Moore. Mason A. Vaughan - aye Glen K. Ats t - aye Andrew L. Graham - aye William A. House - aye ORDINANCE Arthur L . Meadows - aye Raymond F . Ratc liff - aye ESTABLISHING S . G. Frye - aye J . L . Congrove - aye OFFICE OF BUILDING AND ZONING FOR ORDIINANCE TO ESTABLISH THE OFFICE OF TOWN OF BUILIIING AND ZONING FOR THE TOWN OF PULASKI, PULASKI VIRGINIA; PROVIDE FOR APPOINTMENT OF INSPECTOR, ETC. REVOCATION OF PERMITS; PENALTY FOR VIOLATION . BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, that: Section 1. BUILDING OFFICIAL (a) There is hereby established the Office of Building and Zoning, which sha3lherein be referred to as the Administrator. (b) The Administrator shall have had at least five years' experience as an architect, engineer, building inspector, building contractor, or superintendent of buildingi~onstruction, for at Least two years of which he shall have been/responsible charge of work. He shall be appointed by the Town Manager of the Towrr of Pulaski . (c) The Codes to be enforced through the office of Building and Zoning shall be the Zoning Ordinance, Building Code, Plumbing e~~~F January 16, 1973 Code, Gas Code, Housing Code, and Electrical Code, and related ordinances. Section 2. INSPECTORS The Administrator, with the approval of the Town Manager, may appoint such number of offices, inspectors, assistants, and other. employees as shall be authorized from time to time ORDINANCE by the Council. No person shall be appointed as inspector CONTINUED of construction who has not had at least two years' experience as a Building Inspector, builder, engineer, architect, or as a superintendent, foreman, or ,competent .mechanic in charge of construction, or sufficient experience or education that, in the opinion of the Administrator, would be equivalent qualification. Section 3: DEPUTY The Administrator with the approval of the Town Manager may designate as his deputy an employee in the department who shall, during the absence, disability, or inability of the Administrator to perf orm his duties, exercise a1I the powers of the Administrator. Section 4. RESCRIC'TIONS ON EMPLOYEES No officer or employee connected with the Office of Building and Zoning, except one whose only connection is as a member of the Appeal Board, shall be financially interested in the furnishing of labor, material, or ..appliances for the construction, alteration, or maintenance of a building, or in the making of plans or of specifications therefor, unless he is the owner of such building. No such officer or employee shall engage in any work which is inconsistent with his duties or with the interests of the Office of Building and Zoning. Section 5. RECORDS The Administrator shall keep, or cause to be kept, a record of the business of the office. The records of the office shall be open to public inspection during all working hours. Section 6. RIGHT OF ENTRY The Administrator shall enforce the provisions of this code, and he, or his duly authorized representative, may enter any building, structure, or premises to perform any duty imposed upon him by this Ordinance at all reasonable times. Section 7. Stop Work ORDERS Upon notice from the Administrator that work on any building or structure is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required to be given by the Building Official. Section 8. REVOCATION OF PERMITS The Building Official may revoke a building permit or approval, issued under the provisions of this act, in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. 1 1 January i'.6, 1973 ~~'~~~ e ~ ~~ >? Section 9. REQUIREMENTS NOT COVERED BY CODE In the event any reasonable requirements essential for the strength or stability of an existing or proposed building or structure are deemed necessary to protect the safety or health of the occupants thereof, and/or the general public, and not specifically covered by applicable codes, the Administrator ORDINANCE shall determine the requirements necessary to correct the CONTINUED differences, with approval of the Town Manager, and so advise the owner and other proper parties. Section L0. LIABILITY Any officer or employee, or member of the Board of Adjustments and Appeals, charged with the enforcement of this ordinance, acting for the applicable governing body in the discharge of his duties, shall not thereby render him- self liable personally, and he is hereby relieved from personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties, so Long as the officer, employee or member shall not exceed the scope of his authority and not be guilty of negligence. Any suit brought against any of the above persons because of such act performed by him in the enforcement of any provision of this Ordinance and in the manner herein provided, sha1L be defended by the Town as authorized by Council. Section 11. VIOLATIONS AND PENALTIES. Any person, firm, corporation or agent who shall violate the provisions of this Ordinance, or fail to comply herewith, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which he fails to comply with the provisions of this code. Upon conviction.'of any such violation, such person shall be punished as provided in Section 1-6 of the Pulaski Town Code. Section 12. VALIDITY If any section, sub-section, sentence, clause or phrase of this Ordinance is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. Town Manager Marshall reported that information had been received from the Highway Department that the Allison Lane Project ALLISON LANE would be advertised for construction on May 16, 1973, and in all PROJECT T 0 BE ADVTSD. probability bids would be received around June 15th. Mr. Marshall FOR CONSTR. MAY 16,'73• further reported that the right of way plans have been received from the Salem District office of the Highway Department, and the Salem SALEM OFFICE HANDLING AC- office would be handling the acquisition of rights of way as directed QUIS. OF by the Council in a resolution adopted in the early stages of this RIGHTS OF WAY. project. The Town Manager stated that the Engineering Department is presently working on the relocation of utilities in the section of the project from Newbern Road to Bob White Boulevard, and it was hoped that the cost of these wo uld be included as part of the project cost.. ~~` ~~~ ~~~~ January 16, 1973 Town Manager Marshall advised that the Michie Publishing TOWN MANAGER Company had quoted the Town a price of $11.50 per page for the AUTHORIZED TO supplement to the Town Code, and on motion of Councilman House, HAVE SUPPLE- MENT T O'T OWN seconded by Councilman House, seconded by Councilman Vaughan, and CODE PRINTED ON BASIS OF carried, the Town Manager was authorized to proceed with having the $11 .50 PER PAGE. supplement printed on that basis. Reporting further on the recommendation of Wiley TOWN MANAGER and Wilson for the replacement of the pump at the Peak Creek pumping ADVISED THAT A REP. OF A station, Town Manager Marshall advised that a response had been QUALIFIED COMPANY WOULD received from one of the companies qualified in cleaning and re- BE IN PULASKI T 0 GIVE TOWN A lining cast iron water mains, indicating their representative would COST ESTIMATE FOR CLEANING be in Pulaski shortly and would give the Town a cost estimate for PEAK CREEK PUMPING STATIONthis work at that time; and that. the Utilities Committee would be advised of any progress made on this. Town Manager Marshall gave a report on the activities of the Police Department for the month of December, 1972. NO PLANS BEING Mr. J. B. Warner, who arrived late during the meeting, MADE FOR FOUR- asked Council if plans are being made for four-laning Bob White CANING BOB WHITE BLVD. Boulevard from Route 99 to the corporate limits. The answer was no, but the consideration may have merit. Councilman House moved that Council go into executive session at 8:10 P. M., on a Legal matter, which motion was seconded by Councilman Graham, and carried. At 8:40 P. M. motion was made by Councilman Meadows to return to regular session. The motion was seconded, and carried. At 8:41 P. M. Councilman Congrove moved the meeting be adjourned, seconded by Councilman House, and carried. APPROVED: Mayor Edens ATTF,~ T (~ Cle of Council 1 1 1