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HomeMy WebLinkAbout02-05-918884 February 5, 1991 Minutes of the regular meeting of the Pulaski Town Council held February 5, 1991, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: Charles D. Crispin, J. R. Schrader, Jr., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger - News Media Lori Holycross Michelle Copenhaver Annie Lou Chandler J. B. Warner Henderson Randolph The Pledge of Allegiance was led by Councilwoman Holston. The Invocation was given by Councilman Crispin. On motion made by Councilwoman Holston, seconded by Councilman Glenn and carried, the minutes of the regular meeting of January 15, 1991 were approved as recorded. POLICE Chief of Police E. J. Williams introduced new Police Officers DEPT. Harold Ayers, Greg Blankenship, Carl Paschal and Investigator Thelma Milgrim. New Officer Billy Ritter was unable to attend the meeting. GRAN'T'- Mayor Hancock stated that as advertised, a public hearing would be PUBLIC held regarding the Community Development Block Grant - Local Community HEARING Development and Housing Needs. Mr. Rob Lyons stated the CDBG program is designed for cities and towns under 50,000 population and counties under 200,000 population. Program is to improve the economic and physical environment in Virginia communities and neighborhoods, benefitting persons of low and moderate income; thus preventing and eliminating slums and blight, and meeting urgent community development needs posing a serious and immediate threat to the health, safety and welfare of Virginia citizens. Program goals include providing assistance to benefit persons of low and moderate income. 51°s or more of the project beneficiaries must be low and moderate income residents or serve an area where 51% of the residents are low and moderate income. Mr. Lyons stated that the department ranks and evaluates all proposals within one of four program objectives; Economic Development, ~, rebruary 5, 1991 8885 PUBLIC HEARING, cont. Housing, Community Facilities and Comprehensive Community Development. Last year, the Town applied for a VCDBG in the amount of $700,000 for Cool Springs Neighborhood Improvements, however, the project was not funded. It is planned that the above program be scaled back to bring only sewer into the neighborhood to serve 43 residences. Funding will be requested in the amount of $200,000. A seconded public hearing was scheduled for February 19, 1991, at 7:00 p.m. No comments were received from the public either for or against this proposal. Mayor Hancock adjourned the public hearing. WATER In hearing from the public, Councilman Glenn stated that several citizens had contacted him regarding low water pressure. Mr. Holycross reported that a priority listing is being prepared on street improvements, water line improvements, sanitary sewer improvements, storm drainage improvements, and when this listing is completed along with cost of each item, it will then be reviewed with Council and discuss ways of possibly funding these improvements. For the most part, it appears the improvements will have to be funded out of Water Fund, Sewer Fund revenues because there will not be any bond fund money left over to make the improvements. It is hoped this listing will be available within the next 60 days. Councilman Glenn requested that anything to do with water lines be footnoted. Ms. Annie Lou Chandler, Henry Avenue, also addressed Council regarding the low water pressure in her neighborhood. She stated there was no problem until the construction of the new filtration plant. Mr. Holycross will review with Engineering and bring a report back to Council. Mr. J. B. Warner also stated that Oakhurst and Peppers Ferry Road did not get water pressure. Mr. Henderson Randolph, 16th Street and Randolph Avenue, stated he did not have any problems with water pressure. Mayor Hancock called for Council Committee Reports. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE Chairwoman Copenhaver advised that the Personnel Committee had met February 4, 1991, in executive session to discuss a legal matter. Also, a draft copy of the Messenger, a Town produced newsletter was reviewed. APPOINTMENT Chairwoman Copenhaver made a motion that Mrs. Jeanne Whitman be reappointed to the Architectural Review Board for a two year term to expire January 20, 1993, seconded by Vice Mayor Neighbors and carried. FINANCE COMMITTEE UTILITIES COMMITTEE Chairman Neighbors stated the Utilities Committee and Finance Committee had jointly met on January 31, 1991. Chairman Graham reported that the Town Manager had requested WATER authorization to award the contract for the Route 11 Waterline Extension, Ride Avenue pump station and Route 11 water tank. Mr. 8886 February 5, 1991 WATER, Holycross stated that the low bidder on the Cont. Price Construction, has not submitted a bid satisfactory to the Town Attorney. The con the defect. If the contractor is unable to other acceptable surety, then Mr. Holycross award to the second lowest bidder, Phillips waterline and pump station, and performance bond that is tractor has been notified of submit satisfactory bonds or would like authorization to Construction. Chairman Graham so moved that the Town Manager be authorized to award a contract to Price Construction in the approximate amount of $170,383.88 for the Route 11 Waterline Extension (Phase I} and the Ri Avenue pump station provided that bonds or other surety satisfactory the Town Attorney are provided by the contractor. In the event that Price Construction is unable to provide satisfactory surety, then the Town Manager be authorized to award a contract in the approximate amount of $186,980 to Phillips Construction for the Route 11 Waterline extension (Phase I) and the Ridge Avenue Pump Station. Motion seconded by Councilman J. R. Schrader and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Councilman Graham moved that the Town Manager also be authorized to award a contract to Advance Tank in the approximate amount of $359,680 for the Route 11 water tank, seconded by Vice Mayor Neighbors and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye BOND ACCT. Mr. Holycross stated that the status of the bond accounts had been reviewed with the Finance and Utilities Committees. To complete all the projects to date we will need about $873,500. We anticipate that there will be about $854,000 left in the bond account, leaving a shortfall in the neighborhood of $18,000-$19,000. This shortfall can be handled in one of three ways: 1) some money can be taken from the water fund to make up the difference for the Rt. 11 waterline project; 2) some money could be taken from the sewer fund and used in conjunction with I&I improvements that are also a part of the scheduled projects, or 3) we could possibly scale back on some of the downtown improvements which are related to signage, parking improvements, etc. at the train station. At this point, he did not recommend that any of the adjustments be made. Mr. Terwilliger requested an executive session under 2.1-344 A7, conference with legal counsel concerning specific legal matters, mainly acquisition of a water tank site. Councilman W. H. Schrader asked for guidance for the Twin Oak residents in regard to the necessity of filling in their old septic systems, and what the requirements were. Mr. Holycross will clarify this situation, and letters sent to the residents. Councilman Glenn stated that in Finance, they had talked about reviewing the six month report, and requested that the Treasurer meet with the Finance Committee to go over report with them prior to budget February 5, 1991 preparation. ORDINANCE COMMITTEE 8887 (:OUNC1L Chairman W. H. Schrader reported that the Ordinance Committee had RULES met February 4 and 5, 1991, and considered a draft set of Council rules PROC. and procedures, addressing Council meetings, procedures, protocol and Council committees. The rules and procedures codify existing sections of the Town Charter, Town Code, and Robert's Rules of Order. The Ordinance Committee, with Council's approval, would like to continue to review this document and bring a draft ordinance back to Council at a future meeting. Chairman Schrader requested that an Ordinance Committee meeting be scheduled. PUBLIC OPERATIONS COMMITTEE Co-Chairwoman Holston reported that committee met February 4, 1991, and visited the undeveloped alley generally bounded by Stuart Avenue, Graham Street, 5th Street and Pierce Avenue. A public hearing is scheduled for February 19 to consider the application to close the undeveloped alley. The Public Operations Committee also visited Lafayette Avenue and ~ STREET considered its acceptance into the Town's street system. The Planning Commission has approved the plat of the street and the Engineering Department inspected the street and determined that the street meets all Town standards and specifications. The Public Operations Committee recommended the acceptance of Lafayette Avenue into the Town's street system. Councilman Crispin made a motion that reading of Ordinance No. 91-3 be waived, seconded by Councilman J. R. Schrader and carried. Councilwoman Holston so moved that Ordinance No. 91-3 accepting Lafayette Avenue, south of Main Street, into the public street system of the Town be adopted, seconded by Councilman J. R. Schrader and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye ~ James R. Neighbors - Aye Robert N. Glenn - Aye ORD:LNANCE ORDINANCE N0. 91-3 ACCEPTING LAFAYETTE AVENUE SOUTH OF MAIN STREET INTO THE PUBLIC ROAD SYSTEM OF THE TOWN OF PULASKI, VIRGINIA WHEREAS, a certain 50-foot Right of Way Shown and Designated as Lafayette Avenue on a map entitled "survey for Downtown East Limited .~ Partnership and C&P Telephone Company of Virginia prepared September 18, 1990 by John T. Parker, Registered Surveyor has been offered for ` public use and inclusion in the Town of Pulaski's public road system; ~ and, i WHEREAS, the Town Planning Commission has approved the street plat ~ with the provision that the street be constructed to Town standards and specifications; and, t :~ 8888 February 5, 1991 WHEREAS, the Town Engineering Department has conducted inspections during the construction of the street and has determined that the street meets all Town standards and specifications. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 5th day of February, 1991, that Lafayette Avenue (south of Main Street) as shown on the above-described map, a copy of which is attached hereto and made a part hereof, be, and the same hereby is, accepted into the Town of Pulaski's public road system. This ordinance is effective upon adoption and is adopted this 5t day of February, 1991, by recorded vote of the Council. MAYOR'S REPORT COUN~'IL- Mayor Hancock reported that a few weeks ago we made a determination PLANNING MF~'~. postpone the Planning Meeting which we had previously scheduled due to financial information being unavailable at that time. Mr. Holycross advised that two locations had been contacted in addition to those locations previously contacted. The first available date at Mountain Lake would be April 28, which is not confirmed as yet. The Donaldson Brown Center has also been contacted at Virginia Tech. They are available on April 6, however, they could not provide meals for us on Saturday. Councilwoman Holston made a motion that Town Manager proceed with arrangements for retreat and to investigate other locations; and to make reservations for Council and Department Heads. Motion seconded by Vice Mayor Neighbors and carried on the following recorded votes Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ~~~ivIiJG Mayor Hancock requested a status report on the situation on Pierce Avenue. Mr. Terwilliger reported that this zoning question was scheduled in District Court this afternoon. Mr. Meredith notified the court through his attorney that he was ill with the flu. The Judge continued the case until the first Tuesday in March, however, has issued a show cause order for Mr. Meredith which will require him to produce a doctor's excuse. There is also an action pending by the State Police for a separate warrant involving violations of 30 day tag requirements. Councilman Glenn requested that Mrs. Hurst and other residents in neighborhood be notified of this postponement. Councilman Crispin requested that the Building Inspector inspect these buildings on Pierce Ave. to see if it would warrant condemnation proceedings. Mr. Compton will be requested to contact Councilman Crispin. Mr. Holycross reported that we have ordered the owner to make the repairs, including the roof. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. February 5, 1991 8889 TOWN MANAGER'S REPORT Mr. Holycross stated that before Council was Resolution No. 91-2 which is a Resolution amending Section 8.2 of the Personnel Policies and Procedures Manual. Councilman Crispin so moved that reading of the Resolution be waived, seconded by Councilman J. R. Schrader and carried. Councilwoman Copenhaver made a motion that Resolution be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. S chrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye PERSONNEL RESOLUTIOiQ RESOLUTION N0. 91-2 A Resolution Amending Section 8.2 of the Personnel Policies and Procedures Manual to Provide Guidelines for the Release of Employment Information Related to Former Employees. BE IT RESOLVED THAT THE Town Council hereby amends Section 8.2 of the Personnel Policies and Procedures Manual to read as follows: " Sec. 8.2 Post-Employment Information Release It is the Town's policy that following the end of employment by the Town, whether by resignation or termination, the Town will not furnish references or provide evaluations of a former employee except as provided in this section. Upon receipt of the Voluntary Release of Information Form completed by the former employee, or a similar signed authorization from the employee that releases the Town from any liability for the disclosure of employment-related information, the personnel office of the Town may release the following information to a prospective employer: (1) Date of hire and entry level position classification; (2) A listing of all positions held with the Town and the dates they were held; (3) Salary history; (4) Date that the employment with the Town ended If the prospective employer provides to the Town a Voluntary Release of Information form or other acceptable authorization form signed by the former employee as provided above, and the prospective employer requests additional employment information on the former employee, then the prospective employer shall be given access to the employee's personnel file in accordance with Section 8.1 of these policies. In addition to the above, the Town Manager or the Department Head who had authority over the employee during his or her employment may, upon receipt of the Voluntary Release of Information form or other acceptable authorization form signed by the former employee as provided above, provide an objective evaluation of the former employee including, 88aG February 5, 1991 in addition to other relevant information, observations and opinions of the former employee's skill levels, work habits, performance, conduct, and character. For the purposes of this section, a faxed or photocopied version of the Voluntary Release of Information form or other acceptable authorization form signed by the former employee may be acceptable by the Town at its discretion." This Resolution is effective upon adoption and is adopted this 5 day of February, 1991. A training session for department heads on this form will be hel by Mr. Terwilliger. Mr. Holycross reported that Virginia Municipal League had expressed VML appreciation to the Town for participating in the Virginians to Va's to Virginians Program and we have been notifed that our counterpart Va's Prog. community is going to be the Town of Dumfries which is located between Fredericksburg and Washington, DC along I95. A packet of information will be forwarded to them and a letter prepared for the Mayor's signature. Council was requested to submit their ideas of type of event to be held between now and the VML Conference. We will travel to their community once and have them to our community once. At 4:55 p.m. on motion made by Councilman Crispin, seconded by Vice Mayor Neighbors and carried on the following recorded vote, Council went into Executive Session on four legal matters under 2.1-344 A7. Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye At 5:35 p.m. Councilwoman Holston so moved that Council return t regular session and waived reading of the Certification Resolution, seconded by Councilman Glenn and carried. Councilwoman Copenhaver so moved that Certification Resolution be adopted, seconded by Councilman Glenn and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Gary C. Hancock - Aye CERTIFICATION RESOLUTION RE50LiJTION PULASKI TOWN COUNCIL ADOPTED WHEREAS, the Pulaski Town Council has convened an executive meeting on this date pursuant to an affirmation recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, S2.1-344.1 of the Code of Virginia requires a certification by this Pulaski Town Council that such executive meeting was conducted in conformity with Virginia law; February 5, 1991 8891 NOW, THEREFORE, BE IT RESOLVED that the Pulaski Town Council hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Pulaski Town Council. An Ordinance was presented acknowledging location of easements on W. D. Development (Pulaski) land. Councilman Crispin so moved that reading of ordinance be waived, seconded by Councilman J. R. Schrader and carried. Mr. Terwilliger stated we have utility easements across this land (30 year old easements basically) and we have now put sewer lines in place. The title company has requested that we acknowledge that these are the easements claimed by the Town for water and sewer lines. Councilman Glen so moved that Ordinance be adopted, seconded by Councilman J. R. Schrader and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ORDINANCE ADOPTED ORDINANCE N0. 91-5 (EASEMEi1TS) TOWN OF PULASKI, VIRGINIA ORDINANCE ACKNOWLEDGING LOCATION OF EASEMENTS ON W. D. DEVELOPMENT (PULASKI) LAND WHEREAS, the Town of Pulaski holds general sewer and utility ease- ments across the property of W. D. Development (Pulaski) by reason of a grant of easement by Walter Allison dated November 30, 1957, of record in Deed Book 179, page 42; WHEREAS, the property owner has installed water and sewer lines in consultation with the Town engineers and staff, so that the needs of the Town have been met; and, WHEREAS, to clarify the public record as to the location of Town utility easements on the W. D. Development (Pulaski) property, the owner has prepared a plat showing the location of the installed lines and has asked that the Town acknowledge that these will constitute the locations of easements previously reserved on that portion of the Walter Allison property now held by W. D. Development (Pulaski). NOW, THEREFORE, be it ORDAINED by the Council of the Town of Pulaski sitting in regular session on February 5, 1991 that the Town Manager is authorized to execute an agreement or other instrument with W. D. Development (Pulaski), in a form satisfactory to the Town Manager, setting out the location of any Town easements on its property, in substantially the locations shown on a plat entitled "Plat of Survey of Public Utility Easement to be Acquired by the Town of Pulaski, Virginia from W. D. Development (Pulaski)", dated January 31, 1991, prepared by Anderson & Associates, Engineers. 8892 February 5, 1991 This Ordinance is effective upon its adoption and is adopted this the 5th day of February, 1991. Mr. Terwilliger presented a draft real estate contract to be filed with the minutes and an Ordinance authorizing the Town Manager to execute this contract in reference to acquiring a parcel of land, 125 ft. x 125 ft. with an access road into it on the former Walter Allison estate. The consideration for the purchase would be three water connections, four sewer connections with stipulated market value at t ' time of $2,000. Councilman Glenn so moved that reading of Ordinance and attached contracts as amended be waived, seconded by Councilman J. R. Schrader, and carried. Councilwoman Holston made a motion that ordinance be adopted, seconded by Councilman W. H. Schrader. Mr. Terwilliger stated that conveyance would be subject to court approval since the land is involved in partition suit. Motion then carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ORDINANCE ADOPTED (REAL ESTATE CONTRACT) ORDINANCE N0. 91-4 TOWN OF PULASKI, VIRGINIA ORDINANCE APPROVING REAL ESTATE PURCHASE ON ALLISON LAND FOR WATER TANK SITE WHEREAS, the Town is in the process of improving water service t the area near Peppers Ferry Road and as part of the project needs to locate a water tank on property formerly owned by Walter Allison, and WHEREAS, the Town administration has negotiated with the representative of the estate of Walter Allison and the Special Commissioner named by the Circuit Court to deal with the property, and have reached an agreement whereby a tank site and easements will be conveyed to the Town in exchange for free water and sewer connections having a value of two thousand dollars. NOW, THEREFORE, be it ORDAINED by the Council of the Town of Pulaski, Virginia, sitting in regular session on February 5, 1991, that the Town Manager is authorized to execute a real estate purchase contract for the aforesaid tank site, on substantially the same terms and conditions set forth in the draft document filed with the Clerk of Council this date, and to do those things reasonably necessary to finalize the transaction when Court approval has been obtained and title has been examined. This ordinance is effective upon its adoption and is adopted this 5th day of February, 1991. Mayor Hancock announced the Town Offices would be closed on February 5, 1991 8893 Presidents' Day, February 18. Mr. Holycross stated a quarterly breakfast meeting would be held Saturday, February 9, at 9:00 a.m. Piccadilly Station. No formal business will be conducted. Purpose will be for Council Members and department heads to get better acquainted. A tour of the water treatment plant will follow breakfast. At 5:42 p.m., Councilman J. R. Schrader made a motion to adjourn, seconded by Vice Mayor Neighbors and carried. APPROVED: . G,~ Mayor Attest: ~~~( Clerk of Council 1