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HomeMy WebLinkAbout08-15-89August 15, 1989 $594 Minutes of the regular meeting of the Pulaski Town Council held August 15, 1989, at 7:00 p.m. in the Council Chambers in the Municipal Building There were present: Mayor Gary C. Hancock, presiding Council Members: James M. Neblett, Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, Alma H. Holston, Ira S. Crawford Also Present: Frank Terwilliger, Town Attorney Anne Burgess, Interim Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Madelyn Rosenberg of the news media Don Crispin J. B. Warner Claud Kirkland Virginia Sloan The invocation was given by Councilman Neblett. On motion made by Councilperson Holston, seconded by Councilman Neighbors and carried, the minutes of the August 1, 1989, meeting were approved as recorded. PUBLIC HEAR. ALLEY Mayor Hancock advised that first on the agenda was a public hearing to gather public comments concerning the closing of an alley at 224 1Qth Street, N.W. Mrs. Sloan stated she wanted to sell her property and sale was contingent on her getting the alley in question closed. Ms. Burgess reported that the Town staff were in agreement that the alley be closed as it is undeveloped and serves no purpose. Councilman Neblett made a motion that Council accept the recommendation of staff to close the alley at 224 10th Street, and that Town Attorney be directed to draw up the ordinance. Motion seconded by Councilman Neighbors and carried on the following recorded vote: ALLEY James M. Neblett - Aye Andrew L. Graham - Aye CIASID J. R. Schrader, Jr. - Absent W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye In hearing from the public, Mr. Claud Kirkland questioned if a member of Council should sell his property and move out of town, how long can he legally serve as a member of Council. Mr. Terwilliger stated that the Charter requires residency, and all qualifications during the term of office. Mr. Terwilliger further stated he interpreted the Charter to mean immediately, but would have to review Charter again to give a definite opinion. Mr. Don Crispin requested a copy of Mr. Steve Vermillion's letter regarding Wal-Mart locating in the proposed shopping center on Memorial '8595 August 15, 1989 Drive. He was informed this could be obtained from the Town Manager's office. Mr. Crispin also asked if Council knew that Mr. Vermillion had moved from Tennessee to North Carolina. Council had previously been informed of this move. UTILITIES COMMITTEE Tn7ATF..R & S~NIER INE BREAKS Chairman Neblett reported that the committee had met. They requested that Mr. Terwilliger draw up a policy concerning repairing line breaks on industry, that we would not be liable and industry would not be liable. The committee also visited the water treatment plant an Dewberry & Davis representative, Mr. Tom Taylor, explained the change order that we had with our plant in the neighborhood of $16,000.00. A FIL'I~ drain pipe was shown on the old blueprint that went underneath the Ovate p~~`I' basins which did not exist and a new line is to be bored under the existing basins. This is a total distance of 90 feet. The cost for all labor, materials and equipment is $15,929. Chairman Neblett also reported that the superpulsator is coming along very nicely. The Town Engineer has indicated we should be in operation by the middle of November. Chairman Neblett reported that bids were received on the Twin Oaks sewer project and he so moved that bid be awarded to Phillips Concrete, Inc. with a low bid of $272,032.00, seconded by Councilman Neighbors SEWER and carried on the following recorded vote: Tf~IIN OAKS James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Absent W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Chairman Neblett stated this project would probably start the first of September. Chairman Neblett reported that Renfro has been working with the Town to correct the red dye problem entering the sewer system and engineering will make a report at the next Peppers Ferry meeting. SEWER DYE pEpp~ Councilman Crawford reported that on contract 4A, all of our pumps ~Ry now meet the vibration tests. Contractor will accept the pump station prior to money being released. ORDINANCE COMMITTEE Chairman W. H. Schrader absent. PUBLIC & PERSONNEL RELATIONS NOMINATING COMMITTEE Chairman Neighbors reported that the Personnel Committee had met prior to Council meeting to review applicants for the position of Town Manager. He also requested another meeting be scheduled to consider committee/commission appointments. PUBLIC OPERATIONS COMMITTEE Chairman Graham had no report. FINANCE COMMITTEE L Auctust 15, 1989 8596 Chairman Crawford had no report. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report, however, he advised there was an Ordinance Committee meeting next week and he requested Council to review the new Code prior to meeting and forward any comments they had prior to the meeting so the Ordinance Committee can look at them. Mr. Terwilliger requested an Executive Session for the purpose of discussing an industrial development matter under 2.1-344 A2 and also consultation with legal counsel under A7. Councilman Crawford asked status of proposed Parking Ordinance for downtown. Council had previously determined to table this ordinance until completion of the parking lots in the downtown area. MAYOR'S REPORT Mayor Hancock had no report. TOWN MANAGER'S REPORT ~~ LINE Ms. Bur ess in clarif g ying Town repair to private water lines of 4" BB`S or greater, was informed that Council in agreement with Mr. Hawley's letter of August 10, 1989, that the Town would make repairs if industries would sign a hold harmless agreement. Councilman Crawford felt it would be a two-way policy. Mr. Terwilliger was requested to write up a policy. BRIDGE Ms. Burgess reported that the Town has been notified of the award of a historic bridge from the Department of Transportation. At present this bridge is located on Rt. 821 in Montgomery County and is eligible for the National Register of Historic Places. The Department of Transportation will pay the Town $15,000 to dismantle, haul, and re- erect the bridge. Council has previously indicated an interest in linking the New River Trail State Park with the Pulaski Passenger Station and this could provide the needed pedestrian bridge over Peak Creek to make this link possible. Prior to authorizing the execution of agreement, Councilman Graham (Chairman, Public Operations Committee), John Hawley, (Town Engineer) and Ms. Burgess are to view bridge. If decision made to accept the bridge, the Town would have to hold the Department of Transportation and the Federal Highway Administration harmless from any and all present or future claims and liabilities which may arise from the "transfer, re-erection, use and maintenance of the bridge." Mr. Terwilliger is to outline details/concerns in accepting the bridge. TRAIN STA. Ms. Burgess updated Council on the expenses incurred on the passenger station to date which is $179,881.82. This includes the contract for roof repairs plus change orders, labor and materials to rebuild chimneys, materials to straighten the guttering, materials to repair the gas furnace and paint supplies. She also reported that scraping and painting will be done with volunteer labor. 8597 August 15, 1989 (BRIDGE Ms. Burgess advised that the 1989 bridge inspection report has been completed by John Hawley. We would like to proceed with the Randolph Avenue bridge concrete repairs at an estimated cost of $7,500 which will be paid out of State highway maintenance funding. Mr. Claud Kirkland asked if Council would give consideration to appointing a committee of citizens to give their point of view on the appointment of a new Town Manager. Councilman Neighbors asked "where do we lose our Executive privilege if we open these applications up to the public to read the applications." Mr. Terwilliger advised that if opene up to the general public, we would do so .He would be concerned about opening it up to citizen committee and that he would ask for Attorney General's opinion. A citizen committee could expose themselves to a liability as the Council, as a government body, have certain immunities a citizen committee would not enjoy. It was reported that the Town's department heads have been asked for their input and citizens could provide a list of questions/criteria they would ask from a Town Manager. Mayor Hancock also requested an Executive Session on a personnel matter with regard to Town personnel in reference to a specific individual (A1) and legal consultation regarding an industrial development matter (A3 and A7}. At 7:35 p.m. Councilman Neblett so moved that Council go into Executive Session under 2.1-344 A1, personnel matter regarding a specific Town employee; legal consultation on an economic development matter A3 and A5; A7, legal counsel consultation, and an industrial development matter A2, seconded by Councilperson Copenhaver and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Absent W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye At 8:50 p.m. Council returned to regular session on motion made by Councilman Neblett, seconded by Councilperson Holston, and carried. Councilman Neighbors so moved that reading of the Certification Resolution be waived, seconded by Councilperson Holston and carried. Councilman Neighbors moved that Certification Resolution be adopted, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader,Jr. - Absent W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye (CERTIFICATION RESOLU- CERTIFICATION RESOLUTION PULASKI TOWN COUNCIL 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, 52.1-344.1 of the Code of Virginia requires a certifica- ~1 August 15, 1989 8598 tion by this Pulaski Town Council that such executive meeting was con- ducted in conformity with Virginia law; 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. RES~3URC~ p,~. Councilman Neighbors so moved that it be recommended to the Board of Sugervisors that Ms. Anne Burgess be appointed temporarily to the New River Resource Authority until a new Town Manager is appointed, seconded by Councilman Neblett and carried. There being no further business before Council, at 8:58 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilman Neighbors, and carried. APPROVED: Attest: May r