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HomeMy WebLinkAbout05-01-67~'~ ":390 Minutes of the regular meeting of the Pulaski Town Council, held May 1, 1967, at 4:00 P. M., in the Appalachian Auditorium. There were present: Councilman Frye presiding in the absence of Mayo„ Jackson, and at the rP9uest of Vice-Mayor T. J. McCarthy. Councilmen: Rudolph Farmer, H. H. Eggert, W. S. Cummings, C. B. Gallimore, T. J. McCarthy, Raymond F. Ratcliff, Glen K. Aust Also Present: Town Manager: Evan Norton Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Jane Graham, Southwest Times Reporter Tom Cassell, WPW Radio C. E. Comer, Jr. Chief of Police William A. Hall, Fire Chief Mrs. Susie Cox John W. Nash Dean Cox J. F. Logan Norris Spraker William Gallimore George A. Hillsman Ron Lindamood Mrs. Bruce McCall, Mrs. John Deeds, Miss Sarah Carson, members of the Madeline Harman Woman's Club, Sponsors of the Youth Day Program - Mr.s. Cecil Buckner, Government Teacher and Youth Town Manager, Town Attorney, Mayor and members of his Council. The invocation was riven by Councilman Aust. Minutes of the regular meeting of April 18th were approved as recorded. Mr. Frye welcomed the visitors and the Youth Student Offic- N~'RCHAT~TT5 C~ITT?~'CTT ASK FO h STTTDY T~ BF M^ nr OIL? PA pK- 7rTr PR~R? ~M Trr Tnr.rT~T ials. Youth M ayor Grantham introduced the Youth M ayor and Town Manager and members of the Youth Council. On motion of Councilman McCarthy, seconded by Councilman Ratcliff, and carried, it was, RESOLVED, that the public hearing on the closing of streets and alleys in that tract of land located on Route 99 and recently sold to the Pulaski Motor Company, which was continued at the regular meeting of Council of April 18th to May 1st; be continued urtil the next regular meeting of Council. - A. J. Smith, Jr., President of the Merchants Council, asked Council to consider immediately establishing a parking authority to study the downtown parkin; problems and work out a plan for downtown and off-street parking during the coming year. ~~`~~~1. Council mins. contd. 5/1/67 Mr. Eggert, as chairman of the Land Buildings and Parks Committee, moved, and so advised Mr. Smith, that his committee would be glad to m eet with the members of the Merchants Councilfs parking committee, to study the proposal as well as any suggestions theg may have. This motion was seconded by Councilman Aust, and carried. N~~r,, r,~_y, RFnTC"T,`' Sm. Mrs. Cox appeared before Council to ascertain the action FT?()M Vr1TT-'~r pr), Rr' np-T~TFD, nn~tl~~;n TT of Councilts Street Committee with regards to her rE:cent request T,in~1~ ,- TTOT BF P"b,CTTC^T that the street from Valley Road to her property be opened. Town Manager Norton advised that it would not be practical to open this street due to the extreme grade that would result; that Mrs. Cox now has access to her property by way of Maple Street, and a 25~ gradF from Valley Road would not be practical for a street. Mr. Nash advised that he was only present to clear up any misunder- standing which Mrs. Cox had in accusing his firm, Quarto, Inc., of having damaged her property; that the only dynamiting which they had done was done on their own property, and that his company had not done anything to damage her property, or anyone else, for that matter; and her accusations were without ground.. No action was talon. SF'r.~n OC~i~'T~ . C''~nT`?TnFRIN" A reauest for sewer services to Dillon and Taylor Streets pEOUT'rT~'~r_ ~~r~r, TO nT? T IA? ,F. TAv? "~?~ ,";T, in Brown Addition was presented to Council. Councilman Ratcliff advised that the Sewer Committee was considering this as one of the old petitions, and that a recommendation would soon be made to Council for an appropriation for the construction of this sewer extension. PtTL" 5~"I CH4I~'. OF CONINI. A letter from the Pulaski Chamber of Commerce suggesting STiGrESTS P^.??K Br NAMT'D FOP. I~"'' . Ii . ~ . ?'lY4TT that the Dora Highway Railway Park be named for Mr. H. C. Wyatt, a native o.f. Pulaski and a Norfolk and Western Railway official, who was instrumental in leasing this land to the Town for beautification, was presented to Council by Town Manager Norton. On motion of Councilman Aust, seconded by Councilman Ratcliff, and carried, it was, RE~TTrST Tn BE REF. RESOLVED, that the request be referred to the Town Planning Commission TO T'T ~ r' . Cnr~!M . FOR ~TITDY for study and recommendation. The selection of delegates to a public hearing to be held ~~~`~t~2 Council mins. contd. 5/1/67 at Hotel Roanoke, June 12, 1.967, concerning the Metropolitan Area Study was tabled until the next meeting of Council on the motion of Councilman Eggert, which motion was seconded by Councilman Cummins, and carried. ALT nr,~TTOn? Or F[in?nS Fn?? Town Manager Norton reported that the Town had been advised R.T. 11 - Pe7n. Fry. ROnn, of allocation of Highway Funds for Route 11-Peppers Ferry Road MFETTN!' TN RO~rTnKr. J[Tn?^ 26+.,h COTTCrT?n?. & Scott intersection, in the amount of 51,000; and Route 99 (Randolph Avenue) from Eleventh Street to the Corporate Limits, plus curb and gutter, X140,000. Mr. Norton stated the towns share would be 15~, plus the entire cost of moving utility lines; during the year 1967, and that 1968 and 1969 would complete these p rojects. He stated further that a meeting would be held by the State Highway Department at Hotel Roanoke, on June 26th, at 1:00 P. M. concerning these highway allocations. No action was necessary for this business. MT~'ETIT~T^. MnY 8th Attention was called to another important meeting to be R~ TRAr?~p, STtJDv held in the Municipal Office on May 8th at which time Mr. Rolston, State Highway Engineer, would explain the preliminary information on the Traffic and Transportation Study which will start in 1974 or 1975, and on which plan the Highway Department is makinfY an extensive study at this time. T.rORKABL r PI'.OGR!~M Town Manager Norton also advised Council of a meeting with MFFTlr?'' I~?Y 3, 1967 Mr. Roscoe Martin on the Workable Program, of the Dept. of Housing and Urban Development, to be held at the Municipal office on May 3rd, and urged members of Council to be present. Chairman Cummings advised the Water Committee had no report on the Route 611 project. POLICY ESTAB. CONCERPIIN~." The Water Committee presented by the Town Attorney, an STTPpL~YIN".- Or T~~ATER OU~'- SIDE CO°P. I_INfITS ordinance establishing the policy of the Town concerning supplying water to users outside the corporate limits, and on motion of Councilman Cummings, seconded by Councilman Eggert, and carried on the following vote: C=len K. Aust -aye T. J. McCarthy -aye S. G. Frye -aye H. H. Eggert -aye Raymond F. Ratcliff -aye Rudolph Farmer -aye W. S. Cummings -aye C. B. Gallimore -aye -~`3~~~3 Council mins. contd. 5/1/67 the following ordinance was adopted: AN ORDINANCE TO ESTABLISH THE POLICY OF THE TOGJN OF PULP.SKI COPiCERNING SUPPLYING WATER TO USERS OUTSIDE THT' COP.PORATE LIMITS OF THE TOWn;, TO AUTHO~'IZE THE MAKING OF CERTAIN CONTRACTS, ESTABLISHING GENERAL TER1~lS THERFOR, AND ALLO?~IING CON- TRACTS OTHER THAN UNDER THIS ORDINANCE BE IT ORDAIN~;D BY THE COUA~CIL CF THE TOWN OF PULASKI, VIRGINIA, that: SECTION I A. Policy It shall be the policy of the Town of Pulaski, Virginia, to grant the right to use water from its distribution system to users whose properties are partly within the corporate limits and partly without, or located wholly beyond the corporate limits, insofar as it is practical to do so by the extension of lines under the conditions and upon the terms as hereinafter set out. B. Users Extensions will be made to serve users who are individuals, governmental units, corporate and industrial, when an agreement is reached, reduced to writing and executed by the parties and the Town officials herein designated. C. Uniformity Every contract entered into by the Town and the users of all classes shall, insofar as possible, he uniform as to each class of users of water service and shall. contain the terms, conditions and provisions applicable therto set out in this ordinance. D. Surplus water to be sold Water supplied to all users outside the corporate limits shall be continued only so long; as there exists a surplus of water within the Town and at any time there becomes an insufficient or inadequate supply of water to serve the needs of the people living within the corporate limits of the Town, and the Council of the Town of Pulaski has by proper action so determined that there no longer exists a surplus, the Council may in its sole judgment terminate service to users outside of town or take any other conservation measure for the use of the water. Discontin- ~`39~'~ Council mins. contd. 5/1/67 uance of the use of water may be ordered for such period or periods of time as the Council deems necessary. The Council shall be the sole judge of whether a surplus exists. E. Application for Use (1) Persons or other potential users desiring to have water services extended to their premises shall contact the Manager of the Town and make known their desires or they may, in the event the Manager is not available, contact other officials of said Town. The M anager shall then review the needs of the persons seeking water service and. shall make a survey to determine the location of the premises to be served, the most direct route for extending lines, the possibility of further extension on the same line, and the potential development within the surrounding areas, size of pipe, and such other circumstances as he deems wise and necessary for the orderly extension and development of water service in the general area, and estimated cost thereof, and shall report same to the Council or to the Water Committee in the event said WaterCommittee meets prior to the regular Council meeting thereafter. (2) In the event that an extenesion to a user outside can be made for a cost of not more than X1,000.00, or in the event it entails no more than a connection to an existing line, and under the terms herein set out, without any apparent complications, the said Manager may at his discretion make said extension without first submitting the same to the Council for the Town. F. Approval by Council Extensions to which D (2) above are not applicable shall be atiproved by Council prior to any commitment being made for the extension by Town officials, and shall be completed only upon receiving the approval of said Council. G. Exceptions The Council may consider applications by new industries or the relocation of existing industries, other governmental units, or users requesting high daily consumption of Water wishing to locate beyond the corporate limits and desiring water 1 1 ~ ~3~~ Council mins. contd. 5/1/6? from the Town of Pulaski without complying with the terms of this agreement. In such cases the Manager, Planning Commission or such other committees as the Council may designate, shall make such studies as are necessary to determine the advisability of the particular water extension. After the studies have been completed, the committee or. person making same shall transmit its finding to the Council with its recommendations. SECTION II A. Terms, conditions and provisions of all Contracts The following provisions shall be applicable to all contracts, except those under F above, and each contract shall contain the following terms, conditions and provisions: (1) The water service shall be supplied to existing areas and new subdivisions when all prevailing subdivision laws have been complied with, at rates fixed by the Council, which may be changed or modified at any time and from time to time by the Council. (2) If a demand or special charge other than charges set forth in this agreement is prescribed by the Council for services supplied within the Town, a charge is to be prescribed by the Council for similar services supplied under said contracts of users outside the corporate limits. (3) Water rates for users outside the Town shall be charged on an individual basis to the consumer at the rates in effect for other users outside the Town at the time connections are made, or as may from time to time be changed. These rates shall be in accordance with Town ordinance establishing rates for outside services. Each user shall be subject to all the rules and regulations in effect including separate meters, n?yment of deposits, connection fees, etc. (4) All persons who receive services from the Town shall agree to indemnify, keep and hold the Town free and harmless from liability on account of injury or damage to the person receiving the service or to any other person or property directly or ,~ `~c~~~ Council mins. contd. 5/1/67 indirectly resulting from the failure of the Town to supply such service in whole or in part, and in the event that suit shall be brought against the Town, either independently or jointly with the person receiving the service, the person receiving the service will defend the Town in any such suit at their own cost; and in the event a judgment is obtained against the Town, then they will pay such judc~nent with all costs and hold the Town harmless therefrom. (S) The location, character and size of the extensions, the plans and specifications for such connections and extensions and the materials used in the installation, .replacement, main- tenance and repair of all lines, extensions and connections shall be as specified by the Town through its Manager whose approval must be obtained prior to their use, and all connections and extensions shall be installed in such manner and at points as the Town Manager may direct and approve. (6) (a) The Town shall have the right to make or permit additional extensions of and connections to all lines installed or all extensions therof after their construction. (b) Any commitment or agreement or attempt thereof for extension of any water line or ~Prvzce made by the person who originally constructed a ling or by his agent, with any third person shall in no way be binding upon the Town. The Town retains exclusive authority to determine the extension of lines or services to adjoining or traverse property owners and shall furnish same, if at a11, as provided under the terms of this ordinance. B. Existing Contracts and Permits A11 existing contracts and permits in full force and effect at the timF this ordinance is adopted shall continue under their terms until such time as any material changes sre necessary in such contract, at which time new contracts shall conform to the provisions of this ordinance; providing, however, nothing contained in this ordinance shall be construed to affect or modify in any respect the contract between the Town of Pulaski ~~~~~~`~ Council minx. contd. 5/1/67 and the Town of Dublin entered into on the 31st day of December, 1964. C. Locations, Rights of Way, etc. (1) All con:~truetion and extension of water lines shall, insofar as possible, follow existing streets, roads, or highway ri~h`.s of way. Where this is not possible, necessary easements must be obtained by the person desiring the water service, free of cost to the Town, and must be conveyed to the Town prior to the construction of said line. (2) ~tll lines shall become the property of the Town whin completed and shall be so granted to the Town either by dedication or easement by the owner. Water shall not bP turned into the linos until the agreement and all other U~~ovisions of this ordinance and. the contract have been complied with. (3) After the provisions of contracts have been completed, the Town will take over, maintain and keep the line and extensions therof. (4) Services will be extended by the Town from a main line along a public thoroughfare insofar as possible. However, this shall not preclude furnishing water in other lines extended by the property o~an~r when same can be done in accordance with this ordinance. (5) Real estate and subdivision develoner.s desiring extension of water to new streets within their development must make the subdivision or development conform to the standards of the applicable Code of the Town of Pulaski and shall comply with the Subdivision Ordinance of said Town or the County Subdivision Ordinance if specific approval therfor is obtained from the Council. D. Engineering and Construction (1) All construction will be made in accordance with plans and specifications approved by the Town P;anager. The size of the lines will be determined by the Town M anager from all the circumstances, using not only the present requirements of the property owner applying for service, but the potential future ~~_~~~~ Council mins. contd. 5/1/67 area develoFanent. (2) Cost for the construction of the line or project shall be borne by the person or persons seeking service. Connection fees under the regular Town schedule for fees outside the corporate limits shall be paid to the Town prior to the time the project begins, and in addition, the Town may require a cash deposit or an appropriate surety bond. guaranteeing the completion of said line . (3) The owner or the person seeking service shal7_ protect and hold the Town harmless for all damage or injury to any person or property during the construction of said line and shall be responsible for any acts of commission or omission of the contractor performing the work on the project. (4) In the event that the Town specifications call for a water line larger than that required to serve the needs of the person seeking the service, the Tawn will then allow a refund to the user for the additional sum which he advances for the construction over and above that which would be required for his own needs as follows: (a) For a period of five years after the completion of an individual contract, upon extensions therof and connections thereto, the Town shall charge an additional sum of .150.00 for each connection or extension, which sum shall be apid by the Town to the person, firm or corporation at whose cost the original line was constructed; provided, however, that the total sum paid for all services shall not exceed the cost of the minimum extension less the actual cost of the size of line needed by the person who sought the service. (b) In the event of any annexation, no further reimbursement shall be made unless required so to do by the Court. E. Definition - Outside of Corporate Limits Applicants for water service who own property partly within the corporate limits and partly outside will be considered to be outside insofar as extensions are to be made if the taxes paid upon that portion lying outside the corporate limits are -`~~~~ Council mins. contd. 5/1/67 greater than that portion lying on the inside of the corporate limits. However, if extension is to be made only to the portion lying within the corporate limits, then this shall be done under the same policy for extension of water lines within the corporate limits. ADOP TED this 1st day of May, 1967. APPROVED; TO?:'N OF PULASKI, VIP~GIDIIA BY ~~ _C . V . Jackson Mayor Attest: ~/ Gladys R. Dalton Clerk of Council Councilman Ratcliff advised his committe was not in a position to report on the request of Fred Jackson for sewer services to homes ~he~~ is now building and proposed to build in Mathews Court 1 subdivision. MA.~'TFP nr ^r? ~F Town Manger Norton reported that Mr. Hal C~rann of Nashville, rrl,~;TF~y Tn R~' ~T?RMT"'TFr) Bti' Tennessee, spent a day recently in Pulaski appraising the Oakwood Cemetery situation,; that a M aster Plan would be submitted for the entire eighteen acres adjacent to the present Oakwood Cemetery, and which the Town proposed to establish as additional cemetery space, but that a detailed plan would be submit+~ed of only five acres at this time. He stated Mr. Swann~s proposal would recommend flush type monuments, as well as a plan for perpetual care. Councilman Farmer advised that the Ordinance Committee had 1 n-r~. T~ r?'' considered the request of David Corvin to open a "teenage center" "nr,nmFn on Main Street, and would like to recommend that an ordinance be nrT TFT'?.?~r4 ~FTd'I'FR prepared for the adoption of council setting forth the exact require- meets for an operation of this type and if the ordinance is adopted by the council, anyone desiring to operate a business of this nature would only have to comply with the ordinance, and that the Town Attorney had stated he would give this immediate attention. The second item reported on by Councilman Farmer was the request of J. F. Logan, Contractor, that Council adjust the license r'5 Council mins. contd. 5~1~67 MnX. ~r ter, fees charged local contracting firms in the town so they may bid CF{n~'C,~'T1 CON'I', on work on a more equa_1 basis with County contractors, and the WITH HOME OFF. Ili PliL,. Committee recommended that a maximum license fee of X300.00 be charged contractors with home offices in Pulaski. On motion of Councilman Farmer, seconded by Councilman Gallimore, and carried, the following ordinance was adopted: AN ORDINANCE TO AN~'ND AND RE-ENACT SECTIbN 23A OF THE LICENSE TAX ORDINANCE OF THE TOWN OF PULASKI, VIRGINIA, PERTAINING TO THE LICENSIN^ OF CONTRACTORS, AND PROVIDINf? PENALTY FO?~ VIOLATION THEREOF BE IT Or'DA?NED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA, THAT: 23-A Amendment and Re-enactment of Section 23. A (1) Any person accepting or offerin- to accept orders or contracts for doing any work on or in any building or structure AMEND LICEI\?SE requiring the use of a paint, stone, brick, cement, mortar, wood, T 9 X 0"D . FOB. CONTRACTORS wallpaper, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead or other metal, or any other building material, or any electrical work on or in any structure; any paving or curbing on sidewalks or streets, alleys, public or private property, requiring the use of asphalt, brick, stone, cement, wood, or any composition; excavation of earth, rock or materials for foundations or any other purpose; constructing any sewer of stone, brick, concrete, terra cotta or other material; building, remodelin;_;, repairing, wrecking, demolishing; boring or digging a well; maintenance or repair of neom signs or air conditioning apparatus or equipment; fumigating or disinfecting air eradications or the extermination of rats and mice, termites, vermin or insects or bugs of any kind; whether such work is done or offered to be done by general contract or sub-contract, shall be deemed a contractor. (2) Every such contractor who does business or has an office or branch office in the Town of Pulaski for the privilege of transaetinR business in the Town of Pulaski, Virginia, shall pay a license of Fifteen Dollars 015.00) for the first Five ,~~~}~ Council mins. contd. 5/1/67 Thousand Dollars (~~5,000.00) of gross receipts from contracts or any portion thereof, and an additional one-fourth of one per cent for all over Five Thousand Dollars (~5~000.00) gross receipts from contracts during- the license year. However, the said total amount of license fee shall not exceed Three Hundred Dollars 0300.00); a contractor who has his principal office located in some other city, town or county within this State and has no branch office located in the Town of Pulaski and does business within the Town, no license shall be required except where the amount of gross receipts of said contractor in the Town of Pulaski exceeds the sum of Twenty-five Thousand Dollars in any year, in which event the license tax required of such contractors shall be Fifteen Dollars (?15.00) for the first Five Thousand Dollars (:5,000.00) of gross receipts from contracts and an additional one-fourth of one per cent for all over Five Thousand Dollars 0"5,000.00) gross receipts from contracts performed within the Town of Pulaski, Virginia, during the license year. (3) Any person employed directly on a salary or wage basis to do any work hereinabove mentioned and who does not in addition furnish the materials and supplies therefor sha17_ not be required to obtain a contractor's license as otherwise required under the terms of this section. B (1) Any person engaged. in any of the activities hereto- fore enumerated (by force account) on land or property owned, leased or otherwise controlled by said persons for purpose of eventual sale, or who engage in the activity of sub-dividing land, improving and building thereon, shall be termed a "BUILDER" or "DEVELOPER". The license tax on such person shall be Fifteen Dollars 015.001 for the first Five Thousand Dollars 0';5,000.00) or portion thereof, of the total expenditures on such property or properties, plus an additional one-fourth of one per cent of total expenditures above Five Thousand Dollars 05,000.00). C (11 ?where an examination of qualification and registration is required by the State Code or by local ordinance for the purpose of determining the eligibility of the contractor, ~~~~ ~~ Council mins. contd. 5/1/67 builder, or developer to undertake any trade, work or service, the payment of a business license shall not in itself permit the engaging in such trade, work, or service. (2l A.ny contractor, builder or developer who shall continue to engage in any trade, work or service after failure to properly qualify by examination or registration for such trade, work or service shall have given just grounds for revocation of his business licenses, in which event such person shall be in the same position as if the license had never been granted. D (1) Penalties for the violation of this ordinance shall. be as provided in Section 17 of the License Tax Ordinance. ADOPTED this 1st day of May, 1967. TOWN OF PULASKI, VIRGINIA Approved: s C _V. Jackson Mayor Attest: /s1 Gladys R. Dalton _ Clerk of Council On motion of Councilman Farmer, seconded by Councilman Eggert, and carried on the following recorded vote: Glen K. Aust - aye T. J. McCarthy - aye S. G. Frye - aye H. H. Eggert - aye Raymond. F. Ratcliff -aye Rudolph Farmer - aye ^'. S. Cummings - aye C. B. Gallimore - apP the following ordinance was adopted: AN ORDINANCE TO AM4'T?T~ A.DTD PEE-ENACT CHAPTER 7, FIrE PREVENTION, BY ADOPTING FIRE PREVENTION CODE RECOMMENDED BY AMERICAN INSURANCE ASSOCIATION AND CERTAIN OTHER COPES BY REFERENCE; TO REPEAL, AN ORDINANCE ENACTED ON THE 21st DAY OF FEBRUARY, 1967, ATID THE PRESENT CHAPTER 7 IN TFH; TO'.~.'N CODE OF PUI~AS?;I: TO PROVIDE P ENALTIES FOP VIOLATIOTJ OF FIP~E PFEVETdTION CODE BE IT OPDAINED BY T ~ COUNCIL 0?? TFiE TOTr?I`J Or PULASuI, VIRGIT?IA FT'-:~'. P'_'..FV. C~Pr Section 7-l. Adoption of Fire Prevention Code. M^v 1, 1967 There is hereby adopted by the Town of Pulaski, Virginia, for the purpose of prescr3binr re~ulation~ governing con:'..ition.^ h^zardous to 1a.fe and property from .fine or exvlosion, that certain code known as the Fire Prevention Code recommended by the a ' ~~ /c~ Council mins. contd. 5/1./67 American Insurance Association, being particularly the 1965 edition there o`' and the whole thc-reof, except such portions as are herein deleted, modified or amended by Section 7-1 of this ordinance, and particularly any and all amendments or changes in the 1965 edM.tion and such new editions as are from time to time recommended by the American Insurance Association, of which code no+• less than three (3) copies have been and no~T are fil:;d in the office of the To~•m PQana~er. of Pulaski, Virginia, and. at least two (2) copies in the offi•^e of the Chief ar th:; Fire Department, an!3 the same are hereby adonted and incorporated as fu11•y as if set out at len¢-th herein, and from the date on which tb.is ordinance shall take effect, the provision^ therof shall be controlling within the limits of the Town of Pulaski, Virginia. There is further adopted by reference for procedural purposes the National Fire Code of the National Fire P rotection Association which shall complement the Fire Prevention Code and afford methods ar.d procedure insofar as same are not in conflict with the Fire PM^t*~n+ion Code. 8ertion 7-?. Establishment, an%~ Duties o" Bureau of Fire Prevention. Section 7-2.1 The Fire Preven'::ion Co~3e shall be enforced by the Bureau of Fire Prevention in the Fire Department of the Town of Pulaski, which Bureau is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. Section 7-2.2 The Chief in charge of the Bureau of Fire Prevention shall be appointed by the Council of the Town upon basis of examination to determine his qualification^, or upon such other methods as the Town may from time to time elect to follow. Th„ apnoin±m~~nt of sa r? Chief sh?.11 continue during good behavior and satisfactory service and hf~ shall not be removed from office excen+., for cause after a he:arinr before the Council which hearing shall be a public one if so demanded by the Chief of the Bureau. Section 7-2.3 The Chief of the Fire Department may ,~L'~~ ~~ FT ~'E PT;:F<,i . CODE o D . AD~PmED M.^.Y 1, 1967 Council mins. contd. 51/67 detail such members of the fire department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the Council of the Town the employment of teehnica~ inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non- members of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. Section 7-2.4 A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Town Manager of the municipality; it shall contain all proceedinms under this code, with such statistics as the Chief off' the Fire Department m~.y wish to include therin; the Chief of the Fire Department shall also recommend any amendments to the code which, in his judgment, shall be desirable. Section 7-3. Definition. '.~Iherever the word "Municipality or TOwn" is used in the Fire Prevention Code, it shall be held to mean the Town of Pulaski, ~lirginia. ?A7herever the term "Corporation Counsel" is used in the Fire Prevention Code, it shall be held to mean the Attorney for the Tot~m of Pulaski, Virginia. Section 7-4. Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited. The limits referred to in Section 12.5 of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Inside of Town corporate limits except as noted in Sec. 12.6. Section 7-5. Establishment of I.~imits of Districts in which Storage of Flammable Liquids in Outside Aboveground. Tanks is to be Prohibited. ,Section 7-5.1 The limits referred to in Section 16.22.a of the Fire Prevention Code in which storage of flammable liquids in ou+..side aboveground. tanks is prohibited, are hereby established as follows: Residential, commercial and congested districts. ,~~~ Council mins. contd. 5/1/67 Location shall conform to and be determined by Section 12.4 of the Zoning Ordinance of the Town of Pulaski, Virginia, adopted November 16, 1965, and such amendments thereto as may hereafter be made , Section 7-5.2 The limits referred to in section 16.51 of the Fire Prevention Code, in which nFw bulk plants for flammable or ctunbustible liquids are prohibited, are hereby established as follows: Residential, commercial and congested districts. Location shall conform to and. be determined by Section 12.4 of the Zoning Ordinance of the Town of Pulaski, Virginia, adopted T?ovember 16, 1965, and such amendments therto as may hereafter be made. Section 7-6. Establishment of Limits in which Bulk Storage of Liquefied Petrolem Gases is to be Restricted. Thy 1_mits referred to in section 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: Residential, commercial and congested districts. Location shall conform to and be determined by Section 12.4 of the Zoning Ordinance of the To?~rn of Pulaski, Virginia, adopted November 16, 1065, and such amendments thereto as may hereafter be made. Section 7-7 Imendments Made in the Fire Prevention Code. The Fire Preven±ion Code adopted herein by reference is amended a:~d changed in the following respects: Such sections therof that are in direct conflict with the laws of the State of Virginia or the Town of Pulaski, Virginia, dealing with the same subject. Section 7-8 Modifications. The Chief of the Bureau of Fire Prevention shall have no?,Ter to modify any of the provisions of the. Fire Prevention Code upon application in writing by the o?~mer or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the division of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the ,~4~ ~~; Council mins. contd. 5/1/67 records of th~~ department and a signed copy shall be furnished the ET_~ P~'EV. COPE applicant. orD. nnnPT~D M^:Y 1, 1967 Section 7-9 Appeals. tahenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Council of the Town of_ P~z]_aski, Virninia, within thirty (30) days from the date of the decision appealed. Section 7-10 New Materials, Processes or Occupancies which may require Permits. The Town Manager, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after nivin7 affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies therof to interested persons. Section 7-11 Penalties. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fa9.l to comply with any order made thereunder, or who shill build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified. by the Council of the Town or by a court of competent jurisdiction, with in the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be -guilty of a misdemeanor, punishable by a fine of not less than :`~ One nor more than s'!~500.00, or by imprisonment for not less than One days nor more than twelve mos. or by both such fine and imprisonment. The imposition of one penalty for any ~~ ~-~ Council mins. contd. 5/1/67 and. all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not other- wise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be bald to prevent the enforced removal of prohibited conditions. Section 7-12 Repeal of Con~'lictinn Ordinances. All form?r ordinances or parts thereof conflictin:^~ or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed. The amendment to Chapter 7, Fire Prevention, of the Pulaski Town Code, adopted on the 21st day of February, 1967, and Chapter 7 as contained in said Tot~m Code are specifically referred to and. hereby repealed. Section 7-13 Validity. The Council hereby declares that should any section, para6raph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of Council of the Town that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 7-14 Date of Effect. ThiG ordinance shall take effect and be in force from and after the lst day of May , 1967. ADOPTED this lst day of May , 1967. APPROVED: TO?~1N OF PULASK7, VIRGINIA BY_ s C. V. Jackson Mayor Attest: Gladys R. Dalton _ ~~~~ ~g Council mins. contd.. 5/1/67 PETTTIt~N P:_ TT^'I~r~? IN RE : STREET CLOSING, ~'-' B. C. ?:'.4R~=T;~?? P ORTION OF CAMPBELL DRIVE Tn CT ~~?' cT . Tr? i'~T?nr-n TO THE MAYOR AND MEMBERS OF THE COUNCIL OF THE TOWWN OF PULASKI, VIRGINIA The undersigned respectfully petitions the Council of the Town of Pulaski Virginia, to close that certain portion of Campbell Drive lying and being in the Draper Mountain Estates and more particularly described as follows: That portion of Campbell Drive lying immediately east of Lot No. 1 in Section 2 of Draper Mountain Estates, and being 54.4 feet in width and extending between parallel lines 150 feet east of the aforementioned Lot No. 1, and in addition a turning radius on the north and south side of said Street which turning area is on a radius of 30 feet measured from the center of the street and extends beyond the parallel lines of said street at its greatest width approximately 5 feet, said turning radius being near the western portion of said Campbell Drive next to the eastern boundary lines of Lot No. 1. And that all necessary steps and procedure, including any notices appointment of viewers, etc., be had in this matter and. that upon completion of all the required steps, that the Council by ordinance grant the abondonment and closing of said Campbell Drive and release any and all claims thereto to the adjacen±~ property owners or to s~ich of them and in the proportion as they, the property owners, are entitled to by law or may further agree upon. Your petitioner further attaches a copy of a notice which he posted on the 20th day of April, 1967, in three places within the Town which date of posting was ten (10) days prior to the filing of this petition with said Council. That the costs of this procedure be taxed against th^ petitioner. Given under my hand this 20th day of April, 1967. __/s/ B. C. Wampler B. C. Wampler, Jr. ~~ ~~~ Council mins, contd. 5/1/67 NOTICE OF APPLICATION TO THE COUNCIL OF THE TO4dN Or PULASKI, VIRGINIA, TO CLOSE A PORTION OF CAMPBELL DRIVE IN TIi DRAPER MOUNTAIN ESTATES. IN THE TOIaAI 0~' PULASKI. VIRGINIA TAKE NOTICE that the undersigned, by petitions a copy of which is attached hereto, intends to present, on the 1st day of May, 1967, or as soon thereafter as h~ may be heard, to the Mayor and the Council of the Town of Pulaski his petition request- ing that the Council vacate and close that portion of Campbell Drive lying, immediately east of Lot No. 1, Section 2, in the Draper Mountain Estates, which he is now purchasing from New River Land Company, which portion of said Campbell Drive is 5!!.4 feet in width and extends between parallel lines 150 feet east of the aforementioned Lot No. 1, and addition a turning radius on the north and south side of said street which turning area is on a radius of 30 feet measured from the center of the street and extends beyond the parallel lines of said street at its greatest width approximately 5 feet, said turning radius being near the western portion of said Campbell Drive next to the eastern boundary line of Lot No. 1, all as shown on a mab attached to the said petition filed with said Council. Given under my hand. and posted this 20th day of April, 1967, on the bulletin board at the P ulaski County Courthouse, at the Municipal Office of the Town, and at the Pulaski Fire Depart- ment located on the north side of Jefferson Avenue, all in the To~:Tn of Pulaski, Virginia. /s/ B. C. ?~lampler B. r. ?rJampl~r Executed this loth day of April., 1967, by posting a copy of the above Notice at each of the following places: Front of Court House, Town of Pulaski Office and at the Fire Department. _/s/ J. Henry Hall Sheriff of Pulaski Co., Va. By /s/ J. G. Quesenberry Deputy Sheriff '~j~~~~ Council mins. contd. 5/1/67 On motion of Councilman Cummins, seconded by Councilman Eggert, and carried, the followinn resolution was adopted: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THr TOG1N OF PiTLASKI, VIr_GINIA, meeting in regular session on the 1st day of May, 1967, as follows: GIHEREAS, a petition and application for the closing of a certain street has been filed with the Town of Pulaski Virginia, by B. C. Glampler, in person, which street is described as follows: That portion of Campbell Drive lyinn immediately east of Lot No. 1 in Section 2 of Draper Mountain Estates, and beinn 54.4 feet in width and extend- ing between parallel lines 150 feet east of the aforementioned Lot No. 1, and addition a turning radius on the north and south side of said Street which turning area is on a radius of 3~ feet measured. from the center of the street and extends beyond the parallel lines of said street at its greatest width approximately 5 feet, said turning radius beinn near the western portion of said Campbell. Drive next to the eastern boundary line of Lot No. l; and, G1FiERE.AS, it appears that proper notice as required by statute was posted in at least three places in the Town, including the Cour thouse of the Circuit Court of Pulaski County, Virginia, on the 20th day of April, 1967, and at least ten (10) days have expired since the said posting; and, GIHEREAS, thQ Council of said Town, upon viewing the petition filed herein, finds it to be in proper order and directs it to be received and filed, and further directs that the viewers hereinafter appointed, view the described street, and that all other steps necessary be followed to brin; this matter properly before the Council for its final consideration; and, ZdHEREAS, sai~? p^titionrr has requested the Council to appoint the necessary viewers and to take other steps to properly determine this matter: NOid, THEREFORE, BE IT RESOLVED THAT: (1) The application be, and the same is hereby, received and filed. (2) Viewers be appointed as follows: 1. C . I.. P7_unk~rr 2, t~I. M. Board 3 . E . C . Cxri~sby y~~:11 Council mins, coned, 5/1/67 Alternate: G. C. Hall (31 :Such viewers shall meet and report in writing whether in their opinion any, and if any, what. inconveni^nce would result from the vacation and clo:-in? of thQ street as rPquASted in said petition. (41 That the Clerk of Council dive writtFn notice to all land owners affected by any changes by closing of the street, and further, that said Clerk of Council give public notice by publica- tion of same in the Southwest Times, a local newspaper, once a zaeek for two consecutivQ ~~~eeks, the public h^arinr to be not less than five (51 days nor more than tin (10~ days after final publica- tion; and that said notice describe the said street and set out therein that the Town may vacate and close same, that the 6th c3sv of Jun:, 1967, be fixed as a date upon which the sa-i.d Council T.ai11 hold a rublic h.~arinR upon said matter pcndin~ before it, and that al)_ persons interested may be heard either for or against any or all of said petition under consideration. (5) That th.~ said Town Manager an? 9ttorney for said Tot.,n do any and all other thins n.-.cessarp for the proper determination of this matter. ADOPTED this lst day of Play, 1.967. T!1?,rP,; (r FUT, "-..SKI . jTli~„TP~TI n Appl-o~r~d ___/s~ C. V. J ackson Mayor - _ _ _. _... _ _. _.. Attest; _.. ~s/ ('rladys R. _T1alf,on_ .. _ _ _ _._.... C1^rk of Coup^il On motion o~ Councilman McCarthy, seconded by Councilman FarMer, and carried, the. folio*.ainn resolution was adopted: RFSOI,rTTIOT? A.DOPTIN^ ?~'OT?KAFiLE PROGRAM F0~' THE TO'~ITt OF PITI:ASKI , ~TIPGIT?IA "rr~T?r~TnrT nnnpm, WHEP?F.AS, the Council of the Town of Pulaski, Virginia, r.m;; x ~ pr _ . p ~ nr_ ~'~~ Tn?rnT authorized the preparation of the Workable Program to be sub- s`., rT_Z ^ ruI M^°- ~, muted to the Department of Housinc and turban Development, ~a67 -~~12 Council mins. contd.. 5/1/67 together with an application for a grant to carry out the va.riou^ pro~?rams th~rir. contaa nod, and directin{° the Town Manager to tak^ such stem: aG necessary on behalf of the To~•.+n; and, trr~pEAS, the aforPmen+,ion~.~d action was talon wi+.h ful:l_ kno~~~lcdne of the rPauiremen+.,s of thn Civil Fi~?hi:s Act of 196! in ref_ernece to prohibition against discrimination on the basis of race, creed, color or national origin, and further recognizing the conditions imposed. upon the Town incarrying out the program under Federal Acts; and, WHEREAS, the said Workable Program is now completed and. the necessary components therof have been estab~.ished. NO?•?~ THFREFO'?E, RE IT RESOLVED RY THE COITD?CIL 0~' THE TO?STN OF PiTLASKI, VI"(:INIA, that• (1) Thy ?f?o^kable Program for the said Town filmed w~.th th? Council on the 23rd day of March, 1967, be, and the same is hereby approved and adopted.. (2~ That the Town Manager is authorized to proceed with the application aforementioned and to do such other thins as may be necessary to expedite the application a:nd to put into effect ?dorkable Program. (3) .The clerk of Council is hereby authorized to execute proper certificate certifying the adoption of this resolution, diving the facts concerning its adoption and affixinn the seal thereto if such is required. ADOPTED this 1st day of May, 1967, by vote of the Council o~' said. Tou!n as follows: T. J. McCarthy - aye H.. H. ~'ry~ert - ay~~ ?aoodcon Cumm~nns - aye Samuel Frye. - av~: Gl-:;n Ault - aye Ch.ude Ga17 imore - aye Raymond Ratcliff - aye I'udolph Farmer - ayo APPFOVED this 1st day of May, 1967. TO? ~I~? OF PUI, ~~SKI , VIRGINIA BY _.__ ~s~ C. V. Jackson~__ Mayor ,fittest: /s/_Gladys R. Dalton ______ Clerk of Councih ~~~ ~.~ Council mini. contd. 5:/1/6? Town Attorney Moore stated he had no rPno?°t to make on the Town T rTFn "M n T'~ (1nT r,r~Fn~p n~? GA c!1T T~TF ???'SCTT?' SnrTnn a]_]_owinn the Life Saving Squad the rinh+. to purchases ~asolinP through the Town. Mr. Frye asked Mr. Norton to ascertain hoi~1 much ~asolin~ the PPSCUe Sauad u^es per .year, so the Caun~il can consider furnishing nasoline to the Rescue Squad as the Town's contribution. Mr. Norton reported that the Jefferson Mills Rescue squad is using a portion of the Bunts Building and. wi_11 use the Police Departmen+, radio frequency. Town M anager Norton called attention to the referendum on the HousingAuthority to be held. May 2, givinn the openin-~ and closing time for the polls. Town Mana~?er Norton advised that durin-~ the period of April 10 to April 28, 231 extra loads of trash, etc. was h?uled to th;.. ri~:v landfil] with no charge to the n ~-op~rty o?-m~~rs; and that eis~h+. (8~ ol~? cars had been removed during that ptlriod. On motion or Councilman Farmer, seconded by Courr,ilman r-nm7rr ~'"~~ G^~Jimore, and carried, Town Mananer Norton was directed to place n"?`'=-I'S ~~F_ the appropriate public notice in the local newspaper re~ardin~; the re- r,nT,nTrTr CT.r~n,r?- '(Rr^. ~-~ r Omc sponsibility of property owners to clean their lots of weeds, debris, etc., by a certain date. There being no further business, the meeting adjourned at 5:30 P. M. A PPROTTFD 7 ~~ _ - _--- Attes w .ter .~ ~'~ ~.~_ Cle~k Of Council 1