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HomeMy WebLinkAbout11-01-94November 1, 1994 ~u. Minutes of the regular meeting of the Pulaski Town Council held November 1, 1994, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Andrew L. Graham, Jr., presiding Council Members: John A. Johnston, John W. Stone, Bettye H. Steger, W .H. Schrader, Jr., Roy H. D'Ardenne, Jr., W. Edgar Hale, Alma H. Holston, Elbert G. Black Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager, Robert J. Lyons, Assistant Town Manager, Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Valencia Johnson Ronald Vaughan Beverly R. Holtz Betty Lou Kirkner Henderson Randolph Etic Raymond The meeting was called to order by Mayor Graham. Vice Mayor Schrader led the Pledge of Allegiance and Councilman Johnston gave the Invocation. Following the roll call and welcome by Mayor Graham, Councilwoman Holston made a motion that the minutes of the regular meeting held October 4, 1994, at 4:00 p.m. be approved as submitted, seconded by Vice Mayor Schrader and carried. ~~ Mayor Graham advised that first on the agenda was a public hearing regarding the ~~ proposed bond issue for improvements to the Town's water system. BOND ISSCIE Mr. Combiths stated that this public hearing had been scheduled to consider the bond issued by the Farmer's Home Administration for the Town's Water Improvements Projects. The public hearing and adoption of the bond resolution are required by FmHA for the loan. The resolution authorizes the issuance of a $572,800 general obligation water bond. The bond's interest rate shall be 4.5 percent per year. There were no comments from the public for or against this proposal. Councilman D'Ardenne stated this $572,800 did not concern water capacity, but water projects adopted previously by the Town Council. Mayor Graham reported that this will be a draw down account as funds were needed. Councilman Johnston made a motion that Resolution Authorizing the Issuance, Sale, Detail and Payment of a $572,800 General Obligation Water Bond, Series of 1994 of the Town of Pulaski, Virginia, be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: John A. Johnston -Aye Roy H. D'Ardenne, Jr. -Aye John W. Stone -Aye W. Edgar Hale -Aye ~26 Nove~nbex 1, 1994 Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Aye E. G. Black, Jr. -Aye Vice Mayor Schrader expressed appreciation to Messrs. Lyons and Combiths for their work on this project. At 4:06 p.m., public hearing was closed. There were no comments from the public, however, Councilwoman Steger introduced Eric Raymond, Boy Scout Troop #249 who was working on the Communications Merit Badge. T~ ~ Mayor Graham advised that Council would next consider the Chamber of Commerce Lease at the Train Station. Mrs. Beverly Ratcliffe Holtz expressed concern over the community room at the train station as it is being used by the museum and asked that the lease be put off until another meeting. She requested that the community room be made a part of the museum. She asked that she and Betty Lou Kirkner be allowed to review the lease. Mr. Terwilliger stated that under the lease, the Town controls the meeting room, however, the Chamber of Commerce had requested use of the closet. After discussion, Mayor Graham asked that this lease be reviewed at the next meeting of Town Council. IN&S Vice Mayor Schrader so moved that a resolution be prepared urging that the 611 train excursions be continued through Pulaski, seconded by Councilman D'Ardenne and carried. There being no further comments from the public, Mayor Graham called for Council Committee Reports. Utility Committee: Chairman Johnston advised that the Utilities Comrruttee met October 27. A memorandum from the Town Engineer to the Department of Health regarding the Town's water plant capacity was discussed. When our capacity exceeds 80% of the plant's capacity, we are obligated to review and begin formulating possible steps to bring our capacity down below an 80% per month capacity. A written reply has been submitted to the Health Department as to why we think our capacity was higher over the past several months than it normally would be and what we will study without making a firm recommendation to Council of what we could do. Several possibilities are being looked at. Chairman Johnston stated this was a concern but steps will be taken to correct. Wiley & Wilson Engineers, Lynchburg, are being asked to help us make a study on possible solutions to this problem. Chairman Johnston stated that meetings had been held with Magnox and Renfro and discussed their possible water use and also their industrial waste discharge. Chairman Johnston further stated that they had some concerns on the part of Peppers Ferry, both capacity and amounts and in the quality of discharge on the part of these industries, however, the Town is working with them trying to come up with some possible solutions which will allow increased use of water and sewer capacity of both of these industries. When definite plans are made, Council will be updated. Both industries are cooperating and pilot programs initiated to judge impact on the sewer line and also on the amount of water that will be used in the future . PEPPERS Chairman Johnston reported that Peppers Ferry Waste Water Treatment Authority had FERRY requested that the Town approve the Authority's amended user agreement and rules and regulations. Several drafts have been reviewed by our Town Attorney. 1 Novgnber 1, 1994 0~~~ Chairman Johnston so moved that reading of Ordinance No. 94-33 Adopting the Town of 94-33 Pulaski Pretreatment Program Rules and Regulations, Pepper's Ferry Regional Peppers Wastewater Treatment Authority and User Agreement dated June 6, 1994, be waived, Ferry seconded by Councilwoman Holston and carried. The Utilities Committee recommended, and Chairman Johnston so moved, that Ordinance No. 94-33 be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye Finance Committee: Chairman Schrader advised that the Finance Committee had met October 27, entering executive session ,economic development matter, to discuss a UDAG Application. Human Resources: Chairman D'Ardenne reported that Human Resources Committee had met October 13 and discussed a request from the Fire Chief requesting that the title Firefighter/Master Mechanic be amended to Sergeant. The Human Resources Committee recommended approval of this amendment. Also, the Police Chief requested an upgrade to the classification of Parking Enforcement Officer, grade 18, to equal grade of Dispatcher, grade 23. ORDINANCE 94^32 CLASSIFICATION Chairman D'Ardenne so moved that reading of Ordinance No. 94-32 be waived, seconded & 0~1P. by Councilwoman Holston and carried. Chairman D'Ardenne made a motion that Ordinance No. 94-32 Amending the Position Classification and Compensation Plan for the Town of Pulaski, Virginia, be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye Chairman D'Ardenne stated that under the Town's current Personnel Policies and Procedures, members of an immediate family are prohibited from working in the same department or in any superior/subordinate positions within the Town. MAYOR GRAHAM The Human Resource Committee recommended, and Chairman D'Ardenne so moved that ~'• ~ NRRA Town Council recommend to Pulaski County that Mayor Andrew L. Graham be appointed ~ AL'TF~NAZE ~ alternate to the New River Resource Authority. And that Barbara Tuck be reappointed ~ ~ to the Parking Authority. Motion carried on the following recorded vote: PARI~iG AUIH. John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye ~ & Chairman D'Ardenne read Resolution No. 94-28 Amending the Town Council Rules and ~, Procedures. Vice Mayor Schrader so moved that Resolution 94-28 be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye ~8 Novanber 1, 1994 W. H. Schrader, Jr. Aye E. G. Black, Jr Aye Chairman D'Ardenne advised that the committee had also entered executive session to discuss a personnel matter involving a specifically named individual and a legal matter involving the 9-1-1 contract negotiations. ~yplpy~ y -; ~ ~~ Chairman D'Ardenne stated that at the October 25 meeting, an effective safety and loss SAF~IY control program was reviewed. The Human Resource Committee recommended, and ~~~ Chairman D'Ardenne so moved that the Employee Safety Committee Policy be adopted, ADOPTID seconded by Councilwoman Holston and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye 03iJNCIL Q~fT'fITI~ Chairman D'Ardenne advised that the Human Resources Committee reviewed listing of ASSICIS Council Committee assignments. The Mayor and Town Council can also assign any ~'~ ~~ project or issue to the appropriate committee/committees. The Human Resources Comnttee recommended, and Chairman D'Ardenne so moved that Council approve the list of Council Committee assignments. Motion carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye NEFI~I'IS"I ~~ ORDINANCE 94x34 ADOPTID Chairman D'Ardenne stated that the committee had reviewed the Neporism Policy, Ordinance No. 94-34. The Human Resources recommended the adoption of Ordinance No. 94-34, seconded by Councilwoman Holston and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye Chairman D'Ardenne advised that the committee also entered executive session to discuss four personnel matters. Chairman D'Ardenne stated that Council would be meeting Saturday and into next week , entering executive session to discuss specifically named individuals in regards to the Director of Finance position. Planning Commission: Councilman D'Ardenne advised that Planning Commission had met October 11 and conducted a public hearing to consider Planning Commission Case No. 94-48RZ, a request by Ramona T. and Patrick L. O'Dell to rezone approximately 3.6 acres from R-2 (Residential) to B-1 (Local Business). This project is located at 1311 and 1313 Peppers Ferry Road. The Plaruung Commission recommended denial of the rezoning request due to concerns that the proposal was inconsistent with the residential surroundings. Mr. Lyons reported that a public hearing would be scheduled for the next Town Council meeting on this request. ~] [~ Public Operations Committee: Novanber 1, 1994 c~9 Chairwoman Holston had no report, however, stated we should start on the next set of alley closures. She further requested that a meeting be scheduled with the Cemetery Trustees. A meeting should also be scheduled of the Parking Authority. Ordinance Committee: Chairman Black had no report. Mayor's Report: Mayor Graham reported that we need a resolution to do street repair work and asked SIR~IS Town Manager to determine what work we wanted to do. Mayor Graham stated the New River Trail is a high priority project . Mayor Graham stated it appears to him that the State should probably take this project over. Mr. Combiths stated that Richmond want to take charge of this project and get it done. Mayor Graham asked that a resolution be prepared for the next Council meeting which would be presented to the State. Town Attorney's Report: Mr. Terwilliger requested that an executive session be held after the regular session on consultation with legal counsel and staff involving a pending UDAG loan application, consultation with legal counsel concerning resolution of the Virginia Department of Taxation question of W-2's, consultation with legal counsel concertng possible litigation involving the Count Pulaskifest, personnel matter involving a specifically named individual, and consultation with legal counsel concerning 9-1-1 contract and negotiations. Town Manager's Report: Mr. Combiths gave a projects update. Mayor Graham asked that audit be distributed as soon as possible and a meeting scheduled with auditors and Town Council. Mr. Combiths reported that the ARB will be meeting again on November 9 on the Veterans Memorial. ~~ Vice Mayor Schrader stated that the cut-through for the Pizza Hut had been started today. Mr. Terwilliger stated that in regard to the Veterans Memorial, an appeal was filed by Pulaski County and the order signed by the County Attorney and himself, staying that appeal until the negotiations and ARB are finalized At 4:40 p.m. on motion made by Councilwoman Steger, seconded by Councilman D'Ardenne, and carried on the following recorded vote, Council went into executive session under 2.1-344 Al, AS, and A7, consult with legal counsel involving a pending UDAG application; consult with legal counsel concerning resolution of the Virginia Department of Taxation question of W-2's; consult with legal counsel regarding possible litigation involving the Count Pulaskifest; personnel matter regarding a specifically named individual; and consult with legal counsel concerning the 9-1-1 contract and negotiations: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye At 6:12 p.m. Council returned to regular session. Vice Mayor Schrader made a motion that Council adopt the Certification Resolution, seconded by Councilman D'Ardenne and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye °0 November 1, 1994 John W. Stone Bettye H. Steger W. H. Schrader, Jr. Aye W. Edgar Hale Aye Aye .Alma H. Holston Aye Aye E. G. Black, Jr. Aye 911 Vice Mayor Schrader so moved that an emergency purchase be made of 9-1-1 equipment that would be compatible to the new Bell Atlantic system that goes on line December 7, ~ ~ ~• 1994, as our existing equipment would not be compatible. A competitive process has been carried out. At the time the initial contacts and negotiations were undergone with Bell Atlantic, the Town was unaware that there were other vendors providing this equipment. The Town Manager and Town Attorney are authorized to negotiate a contact~Q%3l, RI,+~ in the approximate amount of $70,000 to include equipment for both the dispatch area and the remote site at the fire station; and to finalize the terms and authorized the purchase, to be paid out of the undesignated fund balance FY93/94. Motion seconded by Councilman D'Ardenne and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye Mr. Terwilliger noted that either the Town Administration or himself would make a short list of the reasons why the 9-1-1 was done on an emergency basis and post it in the building. ,~ AT1bRN~Y Councilman D'Ardenne made a motion that the services of the Town Attorney be loaned pT to the Count Pulaskifest Committee for filing the responsive pleadings that would be necessary to try to get the law suit settled against the committee due to a change in vendor site at the recent festival. Vendor claims damages as a result of the reassignment of vendor site. Motion seconded Councilman Hale and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye Mr. Terwilliger advised that details had been sent to the Virginia State Taxation Commissioner of the tax settlement with the IRS concerning W-2 mistake that was made and the State has agreed to an acceptance of the same percentage to the State taxation that was applied to the federal. Councilwoman Holston made a motion that payment in the amount of $7,991.58 be authorized in settlement of the State taxation for employees, seconded by Councilman Black and carried on the following recorded vote: John A. Johnston Aye Roy H. D'Ardenne, Jr. Aye John W. Stone Aye W. Edgar Hale Aye Bettye H. Steger Aye Alma H. Holston Aye W. H. Schrader, Jr. Aye E. G. Black, Jr. Aye Mr. Combiths expressed appreciation to Mr. Max Beyer, State Department of Taxation, for his help to the Town in resolving this issue, and will forward a letter of appreciation to Mr. Beyer and his superior. At 6:23 p.m. Councilwoman Holston made a motion that Council adjourn, seconded by Councilman Black and carried. APPROVED: Attest: - n~~ ~ . V~~~~ Mayor R/u~th A. Harrell Clerk of Council