HomeMy WebLinkAbout09-16-69
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Minutes of the regular meeting of the Pulaski Town Council,
held September 16, 1969, at 4:00 P. M. in the Municipal Office.
There were present: Mayor C. Robert Edens, presiding.
Councilmen: Mason A. Vaughan, Andrew L. Graham, S. G. Frye,
Wm. A. House, W. D. Macgill, Jr., Glen K. Aust,
J. H. White
Also present:. Town Manager: J. E. Marshall
Acting Clerk: Frances H. Lookabill
Town Attorney: Garnett S. Moore
Visitors: Paul Dellinger, Roanoke Times reporter
Joyce Gardner & Sid Steger, WPUV Radio Station
Jane Graham & Jazie Hartigan, Southwest Times
The invocation was given by Councilman House,
Councilman Frye asked that an item of business from the
minutes of the September 2nd meeting concerning a motion by him that the
Town Attorney be directed to draw the proper order to be presented to the
E. PAINTER Judge of the Circuit Court appointing Mr. Ernest T. Painter to serve another
MOTION FOR
REAPPOINTMT. term as member of the Board of Zoning Appeals should be amended to include
CORRECTED
that his motion was seconded by Councilman Vaughan, and that Council voted
unanimously/
The minutes of the September 2nd meeting were approved
as corrected.
Councilman House, reporting for the Ordinance Committee,
advised that his committee had met September 15th, and had thoroughly
reviewed the Ordinance relating o Mob Violence, and moved that this ordinance be
adopted. The motion was seconded by Councilman Macgill, and carried on the f ollow-
ing vote:
W. D. Macgill, Jr: - aye' S. G: Frye - aye
Wm. A. House - aye J. H. White - aye
Glen K. Aust - aye A. L. Graham - aye
Raymond F. Ratcliff - aye Mason A.Vaughan - aye
AN ORDINANCE RELATING TO MOB ACTION, RIOTOUS
CONDUCT AND CIVIL DISOBEDIENCE; PROVIDING FOR-~
DECLARING AN EMERGENCY AND REGULATIONS TO PRESERVE
MOB VIOLENCE THE PEACE.AND;QRDER OF THE TOWN;_AUTHORIZING A
ORDINANCE CURFEW AND REGULATING CERTAIN BUSINESSES DURING
ADOPTED AN EMERGENCY; AND PRQVIDING PENALTIES FOR VIOLATION
THEREOF.
WHEREAS, the General Laws of the State of Virginia,
and the Charter of the Town of Pulaski, Virginia, su horize th e
Town of Pulaski as a municipality, to pass and enf orce all
ordinances, regulations and.:law~ deemed necessary-:for the good
order and government of the Town and for the peace, comf ort, con-
venience, order, morals, health, welfare and protection of its
citizens or their property, and to do any and all things necessary
or proper to carry into full effect all power, authority and
capacity vested in said Town, its Council or officers which may
be necessary to the achievement of its purposes or necessarily
incident thereto; and,
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Sept. 16, 1969
WHEREAS, the Council deemed it necessary and in the
public interest that the Town take all appropriate action to
insure that orderly procedures exist to protect persons and
property within the Town of Pulaski;
NOW,.THEREFQR$, BE IT ORDAINED BY THE CUUNCIL OF THE
TOWN OF PULASKI, VIRGINIA, convened in regular session on the
16th day of September, 1969, that:
Section I. Definition:
A. A civil emergency is hereby defined to be:
1. A riot or unlawful assembly characterized by the
use of actual force or violence or by threat to use force if
accompanied by immediate power to execute same by one or more
persons acting together without authority of law; or when there
exists an imminent threat of any civil commotion or disturbance
in the nature of a riot, riotous conduct or other like circum-
stances within the Town, which constitutes a clear and present
danger to the property and persons within said Town.
2. Any natural disaster or manmade calamity, in-
cluding flood, conflagration, cyclone, tornado, earthquake or
explosion within the corporate limits of the Town resulting in
the death.or injury of persons and the destruction of property
to such an extent that extraordinary measures must be taken to
protect the public health, safety and welfare.
B. Curfew is hereby defined as a prohibition against
any person or persons walking, running, loitering, standing, or
motoring upon any alley, street, highway, public property or
SOB VIOLENCE vacant premises within the corporate limits of the Town of
Pulaski, except persons. officially exempt or designated to per-
ORDINANCE f orm certain duties with reference to said civil emergency.
ADOPTED Section 2:
Whenever, in the judgment of the Mayor or in the event
of his inability to act, the Vice Mayor of the Council determines
that an emergency exists as a result of mob action, riotous
conduct or other civil disobedience or civil emergency causing
danger or injury to or damage to person or property, or that
there exists an imminent threat of civil commotion or disturbances
in the nature of a riot or from other circumstances which constitute
a clear and present danger of mob action or riotous conduct, he
shall have the power to impose by proclamation any or all of the
following regulations necessary to preserve the peace and order of the
Town of Pulaski, Virginia:
(A) To impose a curfew upon all or any portion of the
Town of Pulaski, thereby requiring all persons in such designated
curfew areas to forthwith remove themselves from the public streets,
alleys, parks, or other public places; providing, however, that
physicians, nurses, ambulance operators, and others perf orming'
medical services, utility personnel maintaining essential public
services, firemen and all authorized or requested law enf orcement
officers and authorized personnel of the Town and County shall be
exempt from said curfew when in the perf ormance of their duties.
(B) To order the closing of any business establishment
anywhere within the Town for the period of the emergency, such
businesses to include but not be limited to those selling in-
toxicating beers or wines or other malt beverages, gasoline,
firearms, or any and all other types of weapons.
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Sept. 16, 1969
(C) To designate any public street, thoroughfare,
or vehicle parking area closed to motor vehicles and pedestrian
traffic .
(D) To call upon regular and auxiliary law enf orce-
ment agencies and organizations within or without the corporate
limits of the Town to assist in preserving and keeping the
peace within the Town.
(E) To order the closing of all beer taverns, bars,
private clubs, or portions thereof wherein the consumption of
intoxicating liquors, beer or other beverages is permitted.
(F) Order the discontinuance of selling, distributing
or giving away gasoline or other liquid flammable or combustible
products in any container other than gasoline tanks properly
affixed to motor vehicles.
(G) To issue such other orders as are imminently
necessary for the protection of life and property.
MOB VIOLENCE Section 3:
ORDINANCE The proclamation of emergency provided herein shall
become effective upon its issuance and dissemination to the
ADUPTED public by appropriate news media.
Section 4:
Any emergency proclaimed in accordance with the pro-
visions of this ordinance shall .terminate after forty-eight
hours from the issuance thereof or by the terms of the pro-
clamation proclaiming said emergency, or upon the issuance of
a proclamation determining an emergency no longer exists,
whichever occurs first; provided, however,- that such emergency
may be extended for such additional periods of time as determined
necessary and so proclaimed by the Mayor or Vice Mayor, or by
resolution of the Council of said Town.
Corti nn S!
Any person who shall wilfully fail or refuse to comply
with the orders of duly authorized law enf orcement officers or
personnel charged with the responsibility of enf orcing
the proclamation of .emergency authorized herein, shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not to exceed Five Hundred Dollars $500.00)
or by improvement in jail for a period not to exceed twelve (12)
months, or by both such fine and imprisonment.
Section 6:
This ordinance shall take effect and be enf orced from
and after its passage and publication at least twice in the
Southwest Times, a local newspaper.
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Sept. 16, 1969
Councilman House also reviewed briefly the Ordinance on
Interception of Police, Fire, and other Official Radio Signals, and
moved for the adoption of this Ordinance. The motion was seconded
by Councilman Frye, and carried on the following vote:
W. D. Macgill, Jr. - aye S. G. Frye - aye
Wm. A. House - aye J. H. White - aye
Glen K. Aust - aye A. L. Graham - aye
Raymond F.Ratcliff - absent Mason A. Vaughan - aye
AN ORDINANCE ON INTERCEPTION OF POLICE, FIRE,
AND OTHER OxFICIAL RADIO SIGNALS; PROHIBITING THE
INSTALLATION Cf' HIGH FREQUENCY RADIO RECEIVING
SETS IN MOTOR VEHICLES OPERATED UPON THE STREETS
OF THE TOWN OF PULASKI.WITHOUT A PERMIT; PROVIDING
FOR PERMIT, AND FIXING PENALTY FOR VIOLATION OF
SAID ORDINANCE.
WHEREAS, the interception and use of Police, fire
or other official radio signals by unauthorized persons has
resulted in violation of law, imposition on and injury to the
public, and in general constitutes a public nuisance; and,
WHEREAS there are or may be persons to whom the
public interest requires issuance of a permit to install and
use a high frequency police or like radio receiving set
capable of receiving police, fire or other official radio
station signals;
NOW, THEREFORE, BE IT @RDAINED BY THE COUNCIL OF
INTERCEPTION OF THE TOWN ~ PULASKI, VIRGINIA, meeting in regular session
POLICE, FIRE ETC. on this 19th day of August,. 1969, that:
RADIO ORDINANCE
ADOPTED Section I. Definitions.
As used in this ordinance the following shall mean:
(a) High Frequency Radio Receiving Set - A high
frequency radio receiving set shall be any radio receiving
set capable of receiving any message sent out by any police,
fire or other official radio station, or as may be sent
between vehicles or mobile stations.
(b) Person - The word "person" shall include the
singular and the plural and shall also mean and include
any person, firm, corporation, association, club, co-
partnership, society or any other organization.
Section II. High Frequency Radio Sets Prohibited -
Exception.
It shall be unlawful for any person to equip or
operate inside the limits of the Town of Pulaski any motor
vehicle with a high frequency radio receiving set capable
of picking up police, fire or other official radio signals
or use such radio in a vehicle, unless such motor vehicle
is being used by the. Federal, State, County or Town
government, a peace officer, or other authorized person, or
a permit for the use of the game shall have been granted
as herein provided.
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Sept. I6, 1969
Section III. Permits.
Any person desiring a permit from the Town of Pulaski
to operate a high frequency radio receiving set in a motor
vehicle inside the Town of Pulaski shall file an application
with the Town Manager in writing, stating the name of the
applicant, the license number, enginer number, model and make
of the motor vehicle in which it is desired to install such
set and shall also furnish a photograph of applicant and his
fingerprints. The application shall state the reason why
applicant desires to install a set in the motor vehicle. If
the Town Manager finds that the application shows a need for the
set, that the set will be used for a lawful purpose and that
the public interest will.be served by a granting of the applica-
tion, the Town Manager shall issue a permit for the installation
and use of the set upon payment by applicant of a fee of $5.00
per year. An application must be filed and a new permit must be
secured for each year a high frequency radio receiving set is
used.
However, the Town Manager may provide a short form
and special procedure for the renewal of permits.
Section IV. Permits Not Transferable. Any permit
issued under the provisions of this Ordinance shall not be
.transf erable to other persons and any high frequency radio
receiving set authorized to be installed and used by any
RADIO INTERCEPT- such permit shall not be placed in any vehicle other than the one
described in the application for said permit without first
ORDINANCE CONTD. obtaining a permit from the Town Manager for the removal
and transf er of said set to such other motor vehicle. No
fee shall be charged for such removal permit. In case of a
change in license number of any motor vehicle in which a
high frequency radio receiving set has been permitted under
this ordinance, the owner of said vehicle shall notify the
Town Manager of such change. within f ive~ days of ter the
change is made.
Section V. Police Radio Calls.
It shall be unlawful for the ope rator of any motor
vehicle, other than_authorized persons, police and fire department
officers or other public officials in the line of duty, to
follow up and answer police,rfire or other official radio calls
or to in any way interfere with police officers or firemen
or other government off icia~ls.answering such radio calls.
Section VI. Penalties for Violation.
Any person who violates any provisions of this ordinance
shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not exceeding $500.00 or
imprisonment for not more than twelve months, either or both.
Each person shall be deemed guilty.. of a separate offense for
each day during any portion of which any violation of the
provisions of this ordinance is committed, continued or
permitted.
Section VII. The. Town Manager may. in writing designate
any other Town official to perf orm the duties herein delegated to
him, in his absenc.e.y or at other specified times.
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Sept. I6, 1969
Section VIII. Separability.
It is the intention of the Town Council that each
separate provision of this ordinance shall be deemed independent
of all other provisions herein, and it is further the intention
of the Town Council that if any provision of the Ordinance be
declared to be invalid, all other provisions thereof shall
remain valid and enf orceable.
Section IX. This ordinance. shall be effective
upon passage. However, the Town Manager may allow sufficient
time after its adoption for the purpose of issuing permits
as herein provided, but not to exceed ninety (90) days from
the effective date hereof .
Councilman House stated there would be more on the
FURTHER INVESTIGResolution on Mutual Aid, after the Town Manager had further investigated
ON MUTUAL AID
the feeling other communities have on giving and receiving help in
time of need.
There was some discussion on a previous request by Mr.
William Haney to have a street opened on Monroe Avenue. Town
EXTENSION OF Manager Marshall stated the approximate cost for grading, etc.,
MONROE AVE. NOT
.FEASIBLE would be $2,000.00, plus utilities. Council did not seem to think
it would be feasibie due to the costs involved unless the owners
were willing to share it, however, no action was taken.
Councilman Frye, Chairman of the Finance Committee,
moved that $13,000.00 be appropriated from the General Fund Surplus
to Account ~k9274 for thepurpose of adding on to an already budgeted
X13,000..
APPROPR. FQR amount, for the. purchase of property in the Macgill Village area.
PUR.OF MACGILL
LAND This appropriation is to take care of any expenditures until the
State reimburses the Town on the basis of 75% of $18,000.00 for
only the-part of the area to be used for recreation. The motion
was seconded by Councilman White, and carried on the following vote:
W. D. Macgill, Jr. - aye S. G. Frye. - aye
Wm. A. House - aye J. H. White - aye
Glen K. Aust - aye A. L. Graham - aye
Raymond F. Ratcliff - absent Mason A.Vaughan - aye
Councilman Frye, of the Special CEmetery Committee, report-
JORDAN, HUFF
& VENABLE ed that Mr. H. W. Huff, Jr., Mr. Emmett T. Venable and Mr. C. C.
APPOINTED
:]
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CEM. TRUSTEES Jordan had been named as Cemetery Trustees.
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Sept. 16, 1969
Following the reading of the Ordinance to Establish a
Trust or Trusts of Oakwood, Oakwood Annex, and Pinehurst Cemeteries,
Councilman Frye moved for its adoption. The motion was seconded by
Councilman Aust, and carried. on .the following vote:
W. D. Macgill, Jr. - aye S. G. Frye - aye
Wm.A`. House - aye J. H. White - aye
Glen K. Aust - aye A. L. Graham - aye
Raymond F. Ratcliff - absent Mason A. Vaughan - aye
AN ORDINANCE TO ESTABLISH A TRUST OR TRUSTS
OF CERTAIN PERSONAL PROPERTY TO BE HELD FOR
USE; CARE AND MAINTENANCE OF OAKWOOD, OAKWOOD
ANNEX AND PINEHURST CEMETERIES, TO APPOINT
TRUSTEES, TO DEFINE PURPOSES AND USE OF TRUST
FUNDS, ESTABLISH DUTIES AND OTHERWISE ESTABLISH
TRHSTEESHIP FOR TOWN-OWNED CEMETERIES.
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WHEREAS, the Town of Pulaski, Virginia, a
Municipal Corporation,'holds the title subject to the
rights of individual owners to burial lots therein to
cemeteries lying and being in the said Town of Pulaski, Vir-
ginia, by reason of three certain deeds: one, from Oakwood
Cemetery Company, a corporation, dated the 10th day of June,
1920, of record in the Clerks Office of the Circuit Court
of Pulaski County, Virginia, in Deed-Book 42, page 464; by
deed from Margaret 1~eister'and Vyron S: Keister, dated the
9th day of October, 1944, of record in the aforesaid Clerk's
Office in Deed Book-107, page 270, and by deed from Pulaski
Improvement Company dated the 12th day of February, 1889, of
' record'in the.af oresaid Clerk's Office, in-Deed .Book 12,
TRUST page 465; and,
FUND
FOR WHEREAS,.the said Town of Pulaski has heretof ore
CEMETERY conveyed therein certain lots or parcels of land to individuals
MAINTENANCE f or the use of burial lots and has been operating and maintaining
said cemetery, known as Oakwood Cemetery, and Pincehurst
Cemetery, and plans to operate Oakwood Annex, all as a municipal
function for the present time.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
Town of Pulaski, Virginia, meeting in Regular Session on this
16th day of September, 1969, that:
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(l) H. W. Huff, Jr., Emmett T. Venable and Curtis C.
Jordan, Jr., the Mayor, and the Treasurer of the Town of Pulaski,
be, and they are hereby appointed Trustees for the terms herein-
after set out, to take and hold personal property and money to
them given, granted, devised and bequesthed for the purpose of
establishing a Trust, or Trusts, for the maintenance and care of
Oakwood, Oakwood Annex, and Pinehurst Cemeteries and/or individual
lots therein; to hold and administer said Trust, or Trusts, and
apply its income to the care, maintenance, improvement, repair
and embellishment of said cemeteries or lots as designated by
said contributor and said purchaser under the terms and conditions
of the agreemetit or agreements entered into by the said Trustees
with the said contributor and/or purchaser.
(2) H. W. Huff, Jr. shall serve for a period of one (1)
year, Emmett T. Venable for a period of two (2) years, and C. C.
Jordan, Jr., for a period of three (3) years, and the Mayor and
the Treasurer of the Town of Pulaski, and their successors, shall
serve as Trustees during their terms of office or until such
time as they are otherwise removed.
`(~(~`
ORDINANCE
RE:TRUST FUND
FOR CEM.
MAINT ENANC E
Setp.16, 1969
(3) Trustees shall hold office for the term as herein-
above provided, unless otherwise removed; by the Council for cause
or until their successors shall have been duly appointed and have
qualified by .taking the prescribed oath for said. Trustees.
Trustees shall be subject to removal by Council for cause.
Trustees, with the-exception. of the Mayor. and~the Treasurer of
the Town, shall hereafter be appointed to fill out the unexpired
terms of their-offices. All appointments for new terms sha1L be
for a period of three (3) Years.
(4_) The Trustees bef ore takning-.over the duties shall
take•and subscribe the same oath .required.:of Councilmen for
said Town .:and further ~to prop,erly administer said Trust or
Trusts under Ordinances, Resolutions and Rules heref of ore established
by the Council of said Town, and that may hereafter be established
by said Council, and to further comply with any and all other
rules, regulations or general laws of the State of Virginia relating
to Trustees and to the. operation of cemeteries.
(5J The Trustees shall before acting hereunder adopt
such procedural. by-laws as may -be deemed necessary, in order to
conduct Trusts vested in them under this Ordinance and to further
establish such rules and regulations as may be deemed necessary
or expedient.. Three of their numbers are hereby declared a
quorum for -:any :acti.on by -said Trustees. The -Trustees shall further
draw up .and establish forms for the use of any person or corpora-
tion desiring :to make a gift to or establish a Trust, and may if
they .so desire enter into agreement for additional services by
reason !of ..additional ;funds for specific purposes given by the
said individual, and the-Trustees sha1L provide such other
conditions for -use as they may from time to time deem wise and
necessary, or. as the Council of the Town may direct.
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(6) The Trustees shall set up separate and distinct
accounts for the several cemeteries.f or which they receive and
administer funds, and such other separate accounts as they deem
necessary. All sums received by them shall go to the fund
designated by the donor thereof or purchaser. If no specific
designation is made by the donor,•the Trustees shall place said
funds in the fund which they deem most appropriate for its use.
C7) -The Treasurer of -the Town is hereby designated as
the Treasurer of the funds held under all Trusts as may from
time to time be established' by-the said Trustees, and he shall
report annually to the Council all funds received, expenditures
made, and show balances on .hand, together with a schedule showing
how they are invested. His Trust Account shall be audited as a
part of the regular Town audit.
(8) Funds qow held by .the Treasurer of the Town of
Pulaski by Special Resolution, Ordinance or Agreement with con-
tributions shall be turned over to the Trustees .herein named,
and shall go into the Trust Fund for the cemetery for which the
gift was made and shall be administered .by the Trustees in
accordance with the terms under which said sums ivece'teceived
by the Town. These Funds shall be invested and used in accordance
with the terms of-the agreement under which they were accepted
and the general-rules .guiding the use of income-from trust funds
for the maintenance and care of said cemeteries and/or individual.
lots therein.
(9) Funds received by the Trustees shall be invested in
a manner commensurate with good investment practice and to insure
a good return thereon, subject to the general laws of the State
of Virginia applicable to fiduciaries' investments and the
prudent-man rule for said investments.
(10) The Trustees shall consult with the Cemetery
Committee of the Council of the Town of Pulaski and the
Town Manager so long as said Town holds the title to the
land to said cemeteries or contributes toward the operation
of the cemeteries or has funds on hand from the sale of lots
therein, so as to coordinate the activities of the cemeteries
and the expenditures of the funds available for use in the
cemeteries, all for a more efficient operation.
(11) -Trustees hereby appointed shall be guided by
the direction of Council in the general operation of the
cemeteries, establishment of policy, and in all other
manner, with the exception of actual investment of funds,
in this Trust, and the carrying out of the terms of agree-
ment under which money is given. However, the general terms
under which-money will be. accepted shall be determined by the
Council of the Town.
Town Attorney Moore advised the Council that Mr. Ginsburg had
TOWN ATTY. REPORTS
MACGILL VILL. signed the agreement, and the final court order was on the ways;
SALE
COMPLETE Town Manager J. E. Marshall discussed the proposed
MUNIC .BOND
INTEREST exemption status of public municipal bonds.
discussed
Sept. 16, 1969
legislation, now bef ore the Senate Finance Committee, to remove the tax
As a f ollow up to their. resolution recently adopted, Council
LETTERS TO BE decided to write Senator Byrd, and Senator Spong opposing this measure
WRITTEN TO
SENATORS since they would be unable to have any Council representative in Washing-
pPP 06ING
SAME ton on September 23-25th.
$14,300.FOR
REC. STREET
BLACKTOPPING
Mr. Marshall reported on recent street blacktopping in the
Town. A total of $14,300 had been spent, and $1400,00 had been budgeted
for this operation.
Mr. Marshall also announced that on October 9th the Annual
At. 5:00 P. M. Councilman Vaughan moved that Council go into
FIRE PREY.
PARADE
EXECUTIVE
SESSION
Fire Prevention parade would be held. He encouraged all Council members
who could to be present and participate in the parade.
Executive Session. This motion was seconded by Councilman Frye, and
carried.
At 6:05 Councilman Vaughan moved that Council return to
BOND TO BE
PURCHASED
FOR NEWLY
ELEC. CEM.
TRUSTEES
regular. session. This motion was seconded by Councilman Aust, and carried.
Vice Mayor Frye moved that the Town purchase the necessary
bond on the newly appointed Cemetery Trustees. This motion was seconded
by Councilman Vaughan, and carried.
There being no further business, the meeting adjourned at
6:10 P. M.
ATTEST:
APPROVED:
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MAYOR
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f
Clerk of the Council