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HomeMy WebLinkAbout09-03-91September 3, 1991 8997 Minutes of the regular meeting of the Pulaski Town Council held September 3, 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., 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: Wayne Quesenberry and Rick Lindquist - News Media Mr. and Mrs. Woodrow Hurst Mr. and Mrs. J. C. Montgomery Mr. Jake Blevins Mr. Henderson Randolph Mrs. Polly Mitchell Mr. and Mrs. Claud Kirkland The Pledge of Allegiance was led by Councilwoman Holston. The invocation was given by Councilman Glenn. After the roll call was taken, Councilwoman Holston so moved that the minutes of the regular meeting of August 20, 1991, be approved as submitted, seconded by Councilman Glenn and carried. COUNCIL Mayor Hancock reported that Vice Mayor James R. Neighbors had submitted his resignation from Town Council effective September 3, 1991, 9:00 a.m. as he was moving to the County. He stated that Mr. Neighbors had given generously of his time as Vice Mayor and as Chairman of the Finance Committee, and had been an outstanding public servant for the Town. Mayor Hancock stated the Council will appoint a successor for Mr. Neighbors to serve the remainder of his term. A vacancy on Council would be declared, with Councilwoman Holston making the motion that this matter be referred to the Personnel Committee to bring back a procedure that we should follow in filling this position. Motion was seconded by Councilman Crispin, and carried. Mr. Terwilliger noted that the resignation became effective at 9:00 a.m. today (September 3) according to its terms and that was the reason we have a quorum of four out of seven today. From the public, Mr. Claud Kirkland stated that he had not always agreed with every item before Council, but that Jim Neighbors had made a good Council Member and he hated to see him leave. In hearing from the public, Mr. Jake Blevins asked about what was 8998 September 3, 1991 to be removed from the creek behind his house. He was informed that vegetation would be removed. He also asked that boulders and debris be removed from Peak Creek. He stated that big boulders were being placed in the creek. Mr. Blevins also requested that stop sign off Oak Lane onto Tower Street, be placed on Tower Street far better visibility. He questioned the signs on each side of light pole at rock wall on Dora Highway. Mr. Holycross reported that signs were placed in conformance with State law. Mr. Blevins again asked that Peak Creek be widened to eliminate flooding of basements due to spring rains. Mr. Holycross will look into concerns of Mr. Blevins. As there were no further comments from the public, Mayar Hancock called for Council Committee reports. PUBLIC & PERSONNEL RELATIONS. NOMINATING COMMITTEE Chairperson Copenhaver was absent. FINANCE COMMITTEE No report. UTILITIES COMMITTEE Chairman Graham was absent. PUBLIC OPERATIONS COMMITTEE No report. ORDINANCE COMMITTEE As Chairman W. H. Schrader was absent, Councilwoman Holston advised that the committee had met on August 29, 1991, and reviewed a draft Procurement Ordinance, Section 3 Plan, Antidisplacement Plan and Amended Nondiscrimination Policy. '.GOOF SPRINGS prior to the September 18, 1991, agreement between the Town and the GRANT Department of Housing and Community Development (DHCD), the Town must have an adopted Procurement Policy, Section 3 plan, Antidisplacement Policy, Nondiscrimination Policy and resolution committing $31,760 of in-kind services, as the Town's local match for the grant. Ordinance No. 91-22, Procurement ordinance which sets forth the policies and procedures within the broad guidelines of the Virginia Public Procurement Act was summarized by Mr. Holycross. Councilwoman Holston so moved that reading of Ordinance No. 91-22 be waived, seconded by Councilman Glenn and carried. ~ Councilwoman Holston made a motion that Ordinance No. 91-22 ', establishing purchasing policies and procedures for the Town of Pulaski be adopted, seconded by Councilman Glenn and carried on the following recorded vote: PROCUREMENT ORDINANCE Charles D. Crispin - Aye Andrew L. Graham - Absent ,ADOPTED J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent I 1 September 3, 1991 8999 Mary Lou Copenhaver - Absent Alma H. Holston - Aye Robert N. Glenn - Aye (Ordinance Inserted) Mr. Holycross stated that the Department of Housing and Community Development requires that the Town and project contractors utilize Town of Pulaski and Pulaski County suppliers and lower income residents to the greatest extent feasible in carrying out grant activities. The proposed Section 3 Plan is effective for the Cool Springs Neighborhood Improvement Project only. In order to attract Section 3 businesses and lower income residents, DHCD requires advertisement of expected project activities and likely materials, equipment and services funded by the grant. The Town will monitor the project's contractors for compliance. Councilwoman Holston so moved that reading of Ordinance No. 91-23 be waived, seconded by Councilman Schrader and carried. Councilwoman Holston made a motion that Ordinance No. 91-23, adopting a Section 3 Plan be adopted, seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Absent J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Absent Alma H. Holston - Aye Robert N. Glenn - Aye ORDINANCE-SECTION 3 PLAN ORDINANCE NO . 91- 2 3 ADOPTED TOWN OF PULASKI, VIRGINIA ADOPTING A SECTION 3 PLAN 1 WHEREAS, the Town of Pulaski has received a Community Development Block Grant from the Virginia Department of Housing and Community Development in the amount of $370,340 for the Cool Springs Neighborhood Improvements Project; and, WHEREAS, in order to comply with Section 3 of the Housing and Urban Development Act of 1968, the Town of Pulaski must adopt a Section 3 Plan; and WHEREAS, the Section 3 Plan requires that the Town shall utilize businesses and lower income residents of the Section 3 Project Area in carrying out the Cool Springs Neighborhood Improvements Project; and WHEREAS, the Town of Pulaski designates as its Section 3 covered project area the boundaries of the Town of Pulaski and Pulaski County. NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on September 3, 1991, that the Town Council, in accordance with Virginia Community Development Block Grant requirements, hereby adopts a Section 3 Plan. This Ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 3rd day of September, 1991. Councilwoman Holston stated that Ordinance No. 91-24, 9000 September 3, 1991 Antidisplacement Policy was before Council. Mr. Holycross reported this is a federal regulation to adopt this policy and it would govern any occupied facilities or any occupiable but vacant facilities that would be demolished during the construction project. We do not anticipate any and it is unlikely there will be any. Councilwoman Holston moved that reading of Ordinance No. 91-24 be waived, seconded by Councilman Schrader and carried. Councilwoman Holston made a motion that Ordinance No. 91-24 adopting an anti-displacement plan be adopted, seconded by Councilman Glenn and carried on the following recorded vote: Ordinance 91-24 ANTI- Charles D. Crispin - Aye Andrew L. Graham - Absent DISPLACEMENT J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent PLAN Mary Lou Copenhaver - Absent Alma H. Holston - Aye ADOPTED Robert N. Glenn - Aye ORDINANCE N0. 91-24 TOWN OF PULASKI, VIRGINIA ADOPTING AN ANTI-DISPLACEMENT PLAN WHEREAS, the Town of Pulaski has received a Community Development Block Grant from the Virginia Department of Housing and Community Development in the amount of $370,340 for the Cool Springs Neighborhood Improvements Project; and, WHEREAS, in order to comply with the Housing and Urban Development Act of 1974, as amended, the Town of Pulaski must adopt an Anti- Displacement Plan; and NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on September 3, 1991, tha the Town Council, in accordance with Virginia Community Development Block Grant requirements, hereby adopts an Anti-Displacement Plan. This Ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 3rd day of September, 1991. The above ordinance only applies to the Cool Springs project. Councilwoman Holston stated that before Council was Ordinance No. 91-25. Mr. Holycross stated the Town currently has a nondiscrimination policy that states that we will not discriminate against any applicant or employee because of race, religion, sex, national origin, age political affiliation or physical handicap. We need to amend our policy to prohibit discrimination because of color. Councilwoman Holston so moved that reading of Ordinance No. 91-25 be waived, seconded by Councilman Schrader and carried. Councilwoman Holston made a motion that Ordinance No. 91-25 be adopted, seconded by Councilman Crispin and carried on the following recorded vote: September 3, Charles D. Crispin - Aye Andrew L. Graham - Absent J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Absent Alma H. Holston - Aye Robert N. Glenn - Aye ORDINANCE 91-25 ORDINANCE N0. 91-25 AMENDING NON- TOWN OF PULASKI, VIRGINIA DISCRIMINATION POLIC~-MENDING THE NONDISCRIMINATION POLICY ADOPTED WHEREAS, the Town of Pulaski adopted an ordinance on December 20, 1983, effective January 1, 1984, establishing a Fair and Uniform Personnel Management System for its Employees; and WHEREAS, it is the policy of the Town of Pulaski to base all employment decisions on merit and fitness, without regard to race, sex, age, religion, national origin, handicap or political affiliation (Town of Pulaski Personnel Management System, Section 1.3); and, WHEREAS, in accordance with all federal and state law, regulations and Executive Orders, including the Civil Rights act of 1964 and Executive Order 11246, Equal Opportunity, the Town of Pulaski will not discriminate against any applicant for employment because of race, color, religion, sex, national origin, age or handicap and employees during employment are treated without regard to their race, color, religion, sex, national origin, age or handicap or other protected classes as defined from time to time by federal and state law, regulation or Executive Order; and WHEREAS, in all advertisements for employment, the Town shall include the phrase that it is "An Equal Opportunity Employer." NOW, THEREFORE, be it ORDINANCE BY THE Town Council of the Town of Pulaski, Virginia, sitting in regular session on September 3, 1991, that the Town Council, hereby amends its Nondiscrimination Policy to prohibit discrimination against an applicant for employment or employees because of race, color, religion, sex, national origin, age or handicap or other protected classes as defined by federal and state law, regulation or Executive Order. This Ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia on this 3rd day of September, 1991. Councilwoman Holston stated that before Council was Resolution No. 91-24. Mr. Holycross reported that when we made application for the Community Development Block grant funds, we indicated that the Town would commit $31,760 as its local match. This match would cover administrative costs, architectural, engineering and legal fees and also waive sewer connection fees to low and moderate income households. The Town's local match is in-kind and does not include any direct expenditures. Councilwoman Holston so moved that reading of the Resolution be waived, seconded by Councilman Schrader. Councilwoman Holston made a motion that Resolution No. 91-24 be adopted, seconded by Councilman Schrader and carried on the following 9002 September 3, 1991 recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Absent J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Absent Alma H. Holston - Aye Robert N. Glenn - Aye RESOLUTION 91-24 adopted $31,760 Town's Portion WHEREAS , the of awarded the Town Project Block Grant Funds Project; and RESOLUTION NO. 91-24 Department of Housing and Community development of Pulaski $370,340 of Virginia Community Development for the Cool Springs Neighborhood Improvements WHEREAS, the project includes installation of a sanitary sewer line, bathroom rehabilitation, drainage improvements, street paving, installation of street lighting and removal of debris; and WHEREAS, the Town of Pulaski commits funding of $31,760 as its contribution to the project cost. The Town's funding share includes general fund and sewer fund revenues and direct project costs incurred by the Town, including administrative costs and architectural, engineering, inspection and legal fees; and WHEREAS, the Town Council hereby agrees to comply with all necessary rules, regulations and assurances in conjunction with the grant; NOW, THEREFORE, BE IT RESOLVED that the Town of Pulaski commits $31,760 of general fund and sewer fund revenue as its share of the Community Development Block Grant project cost for the Cool Springs Neighborhood Improvement Project. THIS RESOLUTION is adopted this 3rd day of September, 1991, by recorded vote of the Town Council of the Town of Pulaski, Virginia. MAYOR'S REPORT COUNCIL-APPTS. TO Mayor Hancock reported that a vacancy existed for Chairmanship of COMMITTEEthe Finance Committee and he appointed Councilman W. H. Schrader to this position. Mayor Hancock appointed Councilwoman Holston to chair Ordinance Committee and Councilman J. R. Schrader to chair Public Mayor Hancock stated we would need to elect a new Vice Mayor and suggested we await doing this until there is an appointment of a new Council Member. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT NUISANCE Mr.Holycross stated that we are in the process of proceeding with the demolition of three dilapidated structures in Town. The property owners have been notified and they have had an opportunity to appeal to September 3, 1991 9003 our Housing Board of Appeals. He stated that it is time for us to seek declaratory judgments from the court against these properties. The structures are 60 Bertha Street, Prospect Avenue near Mrs. Mitchell's property and the old store building at the corner of Newbern Road and Macgill Street. Pictures of these structures were shared. Mr. Holycross reported two additional properties were notified and a six month extension was granted to make repairs. There are three other properties that we are working on. Councilman Schrader so moved that authorization be given to seek declaratory judgments from the court against these three properties, so we would have the right to go onto the properties and to proceed with the demolition of the buildings, seconded by Councilman Glenn and carried on the following recorded vote: NUISANCES DECLARATO~~arles D. Crispin - Aye Andrew L. Graham - Absent JUDGMENTSJ. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Absent Alma H. Holston - Aye Robert N. Glenn - Aye WATER Mr. Holycross stated that when we came before Council and the TANKPlanning Commission to seek approval of the site for the new water toper on Rt. 11 and Peppers Ferry Road, the approval was with the stipulation that we come back with the color of the tank for approval. He recommended that color Dusk Grey be used as it would blend into the background. Council concurred with this color for the tank. The Planning Commission will now be approached for their approval. Mr. Holycross reported that to date the foundation has been built. Vim' Mr. Holycross reported that information had been received on the VML Conference and requested that Council Members return their registration forms by September 15. We would also need to know if Council Members desired to spend any of the evenings in Roanoke as we do have reservations made and we will need to know how many to keep. Mr. Holycross was commended on his writing of the Purchasing Policies and Procedures. Councilman Schrader advised that dedication had been held on the Habitat house recently completed on Greenhill Terrace. At 4:39 p.m. Council adjourned on motion made by Councilman Schrader, seconded by Councilman Glenn, and carried. D 6 6 3 APPROVED ~~ Mayor Attest: Cle k of Council