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HomeMy WebLinkAbout09-05-898599 September 5, 1989 Minutes of the regular meeting of the Pulaski Town Council held September 5, 1989, at 4:00 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, J. R. Schrader, W. H. Schrader Also Present: Frank Terwilliger, Town Attorney Anne Burgess, Interim Town Manager Ruth A. Harrell, Clerk Visitors: Madelyn Rosenberg and Wayne Quesenberry of the news media Don Crispin J. B. Warner Claud Kirkland Bud Long Rev. Jack Weikel Oscar Seagle 9 area citizens The invocation was given by Vice Mayor Neighbors. On motion made by Councilperson Holston, seconded by Vice Mayor Neighbors and carried, the minutes of the August 15, 1989, meeting were approved as recorded. PUBLIC Mayor Hancock advised that first on the agenda was a public hearin HEARTNGto gather public comments concerning the requested encroachment over an ROAC~i. alley behind the First United Methodist Church. Ms. Burgess stated the Church was requesting a covered walkway to be placed over the alley that runs between 3rd and 4th Street, NW behind the First Methodist Church. This request has been advertised for four consecutive weeks as required by law. The department heads have reviewed and commented on this encroachment and do not believe it will have any impact on service delivery or public safety. It was recommended that encroachment be approved with the following conditions: 1. Covered walkway must have a clearance of at least 12 ft. from the alley. 2. Signs should be posted on both sides of the walkway showing minimum clearance. 3. "Low Clearance" signs should be erected at each end of the alley. Mr. Tom Custard, owner of property at 150 3rd St. NW, questioned if trash people could still. get through the alley and also the fire trucks. Ms. Burgess advised that she felt the 12 ft. clearance took into account our fire trucks and PSA trucks. Some members of Council expressed concern over the 12 ft. clearance and these service vehicles. Mr. September 5, 1989 8600 Terwilliger advised he would be preparing a formal resolution or ordinance for Council's consideration and if Council voted to approve tonight subject to conditions, the formal document would not be done until next meeting. EIVCROACf-~IIIVZ' ~,P~ Councilman Neblett made a motion that encroachment be approved with the conditions as recommended, plus the condition that trash trucks/fire trucks can get under walkway, seconded by Councilman Crawford. Councilman Crawford questioned if there was a problem with members of this Church voting on this issue. The Commonwealth's Attorney has given his opinion that Church members would not have a conflict of interest. Motion then carried on the following recorded vote: James M. Neblett - 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 Ira S. Crawford - Aye The public hearing was then adjourned. In hearing from the public, Mr. Claud Kirkland questioned the sign "Future Home of Wal-Mart" on east side of Memorial Drive. Ms. Burgess had previously called the developer and he was working to get it placed on the opposite side of Memorial Drive where the actual site would be pending the court decision. There being no further comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE Chairman Neblett had no report. ORDINANCE COMMITTEE Chairman W. H. Schrader reported that the Ordinance Committee met on August 22 to review the new Code book. He requested an Ordinance Committee meeting be scheduled for the following week. Councilman Crawford questioned the status of downtown parking ordinance. Chairman Schrader advised that we are awaiting the parking lots' locations and their completion before proceeding. PUBLIC & PERSONNEL RELATIONS NOMINATING COMMITTEE TOWN MANAGER Chairman Neighbors advised the Personnel Committee had met several times and they were still in the process of going through applications for the position of Town Manager. Chairman Neighbors moved that the Town Council hold one or more closed meetings in Executive Session at an undisclosed location within the next 15 days for the purpose of inter- viewing candidates for the position of Town Manager pursuant to Section 2.1-344 Al and 2.1-344.1B, seconded by Councilperson Holston and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye [] 8601 September 5, 1989 Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Chairman Neighbors scheduled a Personnel Committee meeting for Thursday, September 7th, 4:30 p.m. PUBLIC OPERATIONS COMMITTEE Chairman Graham advised that the Public Operations Committee had met on August 31. One topic reviewed was the request of an organiza- to purchase our surplus water systems equipment (pump, control panel and various valves). Committee in agreement to notify this organiza- tion that this equipment would be put up for auction in two weeks. The committee discussed concerns regarding loitering, skateboards 'and bicycles in downtown and the problems encountered with enforcing Town ordinances. The committee made the following recommendations to the Ordinance Committee: 1. Adopt an Ordinance prohibiting bicycles on sidewalks and post signs accordingly; 2. Repeal the Town Ordinance on skateboards in order to enforce State Code prohibiting skateboards on sidewalks; 3. Involve a representative from the Police Department when discussing new ordinances which fall under Police enforcement. The committee requested that the Finance Committee review the Craig ST. Street drainage problem and the Earl's Mobil drainage problem, as the Public Operations Committee recommended these projects be approved. I APCO TREES Ms. Burgess reported that Appalachian Power Co. is proposing a program of tree replacement at their expense in areas where there is interference with the power lines and over a period of two years they select priority areas on Town right of way (with Town approval), to re- move the existing trees and plant new 1-1/2 to 2" caliber trees with a choice of species to be selected by the Town from a list of 14. The list of tree choices include such species as Dogwood, Bradford Pear, Crabapple, etc. Examples of areas under consideration by APCo for re- placement include S. Washington Avenue between Dora Highway and 5th St., N. Washington Ave. above 5th St., and Jackson Park along 1st Street. This program would be mutually beneficial and it was recommended we authorize APCo to proceed, with the Beautification Committee choos- ing the trees to be used in each area. Council expressed the desire to review area before trees are cut and they would also like to have public comment regarding the trees to be replaced. Councilman Graham so moved that Ms. Burgess be authorized to write letter to Appalachian Power stating what we would like to do in advance of approving any area in particular, seconded by Councilman Neblett and carried. Councilman J. R. Schrader expressed concern over young people coming down Draper Mountain on skateboards. Council is to work on this very dangerous problem and work with the Police Department. FINANCE COMMITTEE Chairman Crawford advised that the Finance Committee had met on September 5, 1989 8602 TRAIN STATION August 30 and September 5. He stated the committee was addressed by Mrs. Kelly in regard to fund raising events taking place and the in-kind donations that have been received in regard to the renovation to the Train Station. The Fund Raising Committee is in need of funds for print- ing, mailing and other activities. Mrs. Kelly advised that Bob Edens had given $5,000 towards the renovation and pledged an additional $5,000 in 1990 and was issuing a challenge to other individuals/businesses to meet or exceed his pledge. The committee has established a fundraising goal of $250,000 which will be adequate to complete the project. APPROP. Chairman Crawford moved that $10,000 be appropriated to Account #1229-5822 Fund Raising from General Fund Unappropriated Surplus and be approved for expenditure, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - 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 Ira S. Crawford - Aye TRAIN ST. Chairman Crawford stated that the committee had discussed the com- pletion of the roof for the Train Station and metal cresting and hip finish was not included in the original roofing contract. The roof crestings will have to be made and will be made out of copper. This work will need to be completed as soon as possible so that no water can leak into the new roof area and cause damage. Chairman Crawford moved that $16,740.00 be appropriated to account #1229-5806 Construction from General Fund Unappropriated Surplus and be approved for expenditure, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye The Finance Committee discussed the purchase/lease purchase of new Christmas decorations for downtown. After considerable discussion by E Council, Councilman Neblett made a motion to lease-purchase 30 - 48" ~~I' wreaths at a cost of 58400 and buy 30 banners at a cost of $2850; total BUSINESS cost of $11,250. Wreaths would be leased for three years and buy out 4th year. If paid through bond fund, that we check with bond counsel pppROp, to make sure this does fall under the bond counsel's guidelines. Motion seconded by Councilperson Copenhaver. Vice Mayor Neighbors suggested we extend the lighting area, per- haps down Route 99, Memorial Drive or Bob White Blvd. The electrical situation on poles would have to be investigated for repair and safety. Ms. Burgess reported that we have $4,000 that has been rebated to the bond fund that we have saved on the trees. There is money in the bond fund for these decorations, and if not allowed out of the bond fund unappropriated surplus. Councilman Graham felt it was not appropriate to use bond money for these decorations. 8603 September 5, Motion then carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - No James R. Neighbors - Aye Ira S. Crawford - Aye Chairman Crawford reviewed the purchase of an Articulated Boom mower which is eligible for highway maintenance funding for $13,350. We could lease the tractor which would also be eligible for highway maintenance funding. Total cost of tractor and boom is $37,929 and Finance Committee felt the Town should wait until January to look at this project to determine how much money is available in the Highway maintenance funding. ~' the Chairman Crawford stated that 15 houses have been bid for demo- lition, with low bid being received from Robert Whitman in the amount of $30,900. $11,500 has been budgeted for this work. NUISANCE Chairman Crawford moved that a contract be awarded to Robert ~ Whitman in the amount of $30,900 for nuisance abatement and further APPROP. moved that $19,400 be appropriated to account #3401-3020 Nuisance Abate- ment from General Fund Unappropriated Surplus and be approved for expenditure. Motion seconded by Councilman Neighbors. In discussing trying to collect some of the money expended to abate the nuisances, we can seek personal judgment against the owners of the pro- perty, but until it is delinquent for three years, we cannot sell the property. It is treated the same as taxes. Motion then carried on the following recorded vote: James M. Neblett - 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 - Rye Ira S. Crawford - Aye Chairman Crawford advised the County had offered us four signs designating Pulaski County a Certified Business Community at a cost of 593.20 each. The Committee recommended that as the Town already has signs posted that we are member of Main Street Program, that these new Certified Business Community signs be attached to these signs and be made by the Town. Chairman Crawford stated they had discussed a proposal from our auditors concerning the preparation of an Accounting Procedures Manual, however, they felt the manual should not be developed until the compu- terization of operations was completed. BUILDING & Chairman Crawford stated the first floor improvement plan was dis- GROUNDS cussed. Ms. Burgess has advised that the Town's Greenthumb worker would be relocated to the first floor to greet the public and desk would be placed in this area. It was also proposed to enclose the existincr September 5, 1989 86Q4 secretarial area adjacent to the Mayor's Office with glass identical tv the Treasurer's office area at a cost of $3,000. The reason for this and the addition of a reception area upstairs is due to the lack of alternatives, with all possible spaces for new offices occupied at this time. The committee felt there was office space within the building not being utlized at the present time, and recommended that the Town take a serious look at what office spaces are available before we make any recommendations to spend any money to build new offices. CRAM Mr. Crawford reported that the Finance Committee had reviewed the STCraig Street drainage problem and permission has been received from the landowner for an easement across the private property and the Finance Committee recommended we install a V-ditch approximately 2.5 ft. deep and 10 ft. wide from the existing pipe in the back of Mr. Wert's house to Craig Street and install the pipes across Craig Street. This project is also highway maintenance eligible, and the Finance Committee recommended we proceed with this project as soon as possible. Chairman Crawford stated the Earl's Mobil drainage problem could be repaired at a cost of 51,000 in materials and is also highway maint- enance eligible. This work can be accomplished with Town crews and will take about four days. The Finance Committee recommended we move forward on this repair also. Chairman Crawford stated the committee also talked about a possible STREEr!'S street paving project, and the Town Manager has been requested to pre- ' pare a list of unpaved streets for them and the number of citizens that would be served prior to the committee making a recommendation. MAYOR'S REPORT Mayor Hancock advised that the community of Newbern had requested our old Christmas decorations if we had no further use for them. This issue shared as information only. There were several matters to be forwarded to the Public Operations Committee, including insufficient parking at John's Grill. These items will be reviewed at the next Public Operations Committee meeting. Mayor Hancock requested an Executive Session for a personnel matter and two legal matters. TOWN ATTORNEY's REPORT Mr. Terwilliger presented an Ordinance closing an alley off 10th St N.W. Councilman Neighbors so moved that reading of the ordinance be waived, seconded by Councilman Neblett and carried. Councilman Neighbors made seconded by Councilman Neblett vote: ORDINANCE ADOPTED James M. Neblett - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James R. Neighbors - Aye a motion that Ordinance be adopted, and carried on the following recorded Andrew L. Graham - Aye W. H. Schrader, Jr. - Aye Alma H.Holston - Aye Ira S. Crawford - Aye [~ $605 September 5, 1989 ORDINANCE CLOSING AN ALLEY OFF 10TH STREET N.W. IN THE TOWN OF PULASKI, VA Whereas, the Town Council of the Town of Pulaski received a request to close an alley off 10th street, N.W. in the Town of Pulaski, Virginia, approximately 11 feet wide, as shown on the plat attached hereto entitled "Plat for James William Austin and Brenda Austin Hooper of an un-numbered 0.247 ac. lot in the Town of Pulaski, Pulaski County, Virginia" dated December 8, 1988, and revised March 4, 1989, and made a part hereof; and, Whereas, after information was gathered by the Town staff the matter was duly advertised for public hearing with appropriate notices given, and the public hearing was held on August 15, 1989; and, Whereas, it appears that it is in the public interest to close the aforesaid alley subject to any utility easements that might exist in favor of the Town across said alley; Now, therefore, be it ordained by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on September 5, 1989, that the alley off 10th Street, N.W., in the Town of Pulaski, Virginia, approximately 11 feet wide, as shown on the plat attached hereto and make a part hererof, be and hereby is, abandoned, closed, and vacated with title thereto if any be vested in the Town, reverting without warranty to adjacent property owners as provided by statute; reserving, however, any and all utility easements which may exist in favor of the Town of Pulaski, it successors and assigns. This Ordinance is effective upon adoption and is adopted this 5th day of September, 1989, by recorded vote of the Town Council. Mr. Terwilliger advised that on the Memorial Drive litigation, no decision has been handed down yet. Council will be notified when this decision is made. Mr. Terwilliger requested a legal matter be discussed in Executive Session as there was an attorney from another county visiting, and he believed there would be action in open session following the Executive Session, under 2.1-344 A7 to deal with a special matter, Twin Oaks sewer bid and contract. REPORT OF TOWN MANAGER TRAIN STATION Miss Burgess reported that on the train station renovation, it was necessary for Council to make a declaration of sole source provider for the metal work on the roof. Finance Committee reviewed the proposal from Bowers Plumbing & Mechanical Contractors, Inc. to provide copper fineals, cresting and hip finish. Fineals will be bought as funds become available. Councilman Neighbors moved that Bowers Plumbing & Mechanical Contractor's be declared sole source provider for the fineals, crest- ing, and hip finish, and that the attached notice be posted in the Municipal Building, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye September 5, 1989 J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James R. Neighbors - Aye W. H. Schrader, Jr. - Aye Alma H. Holston - Aye Ira S. Crawford - Aye 8606 Ms. Burgess requested that Council turn their registration forms in for VML as soon as possible. ~ _J Ms. Burgess requested two Executive Session Matters; one regarding specific economic development of an industrial prospect under 2.1-344 A3 & A5 and also property acquisition under 2.1-344 A3. At 5:07 p.m. Councilman Neblett so moved that Council go into Executive Session under 2.1-344 A3 and A5, economic development matter of an industrial prospect and a property acquisition matter; personnel matter regarding Town Manager recruitment Al legal matter, A7, Twin Oaks sewer contract. Motion seconded by Councilman Neighbors and carried on the following recorded vote: James M. Neblett - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James R. Neighbors - Aye Andrew L. Graham - Aye W. H. Schrader, Jr. - Aye. Alma H. Holston - Aye Ira S. Crawford - Aye 8607 Septemk~r 5, 1989 At 6:05 p.m. Council returned to regular session and adopted Certification Resolution on motion made by Councilman Neblett, seconded by Councilman Neighbors and carried on the following recorded vote: James M. Neblett - 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 Ira S. Crawford - Aye 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 certification by this Pulaski Town Council that such executive meeting was conducted 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. SE[r7ER Mr. Terwilliger reported that on August 15, 1989, the Town Council voted to award a sewer line project on Twin Oaks sewer line to Phillips Concrete, Inc. On August 25, 1989, Mr. Lacey filed an objection to the bid on behalf of the second lowest bidder on the project and protested the bid. The grounds for the protest basically is that he felt that Phillips Concrete, Inc. was not a responsible bidder under the State code in that although he was a licensed Class A contractor, he did not possess the necessary sub-classification on his license. The Town has had some conversations with Mr. Lacey, with Mr. Eley, who represents Phillips Concrete, and with the Department of Commerce and Attorney General's office. It appears that the project would fall under one of two classifications; either heavy contractor or plumbing contractor of which the heavy contractor seems clearly more appropriate because the language in the Code and regulations specifically mentions water/sewer lines. There is another classification, General Services, which states it you do not fall into any of the other ones, you fall into this one. It would appear this is the classification that Phillips Concrete has. Phillips Concrete advised us that they had contacted the Dept. of Commerce and explained to them the varieties of work that they did and they were told this was the appropriate classification. Apparently Phillips Concrete did not possess the necessary sub- classification on his license to be able to bid on and do the Twin Oaks project. The options at this point are (under the contract documents) to reject any and all bids or we could go to the second lowest bidder. September 5, 1989 8608 SEWER, CON"D. Mr. Lacey, representing Brinkley Plumbing, Heating and Electrical Contractors, addressed Council stating Brinkley was the low, responsible bidder on this project. He stated the apparent low bidder was not licensed in the Commonwealth of Virginia to do the work. He felt there were thousands of contractors in the Commonwealth who had gotten their license correctly and Jim Brinkley is one of the contractors who understood what the regulations say. The regulations say if you are going to do sewer main installation on jobs in excess of $40,000, you must have either a plumbing specialties endorsement on your Class A contractor's license or a highway heavy contractor's. Jim Brinkley has both. His bid was some $13,000 above the apparent low bidder. Mr. Brinkley is the low, responsible bidder, and he would like to go to work on this project as soon as possible. Mr. Terwilliger stated that technically under the statute, Brinkley Heating and Plumbing did not have the standing to challenge the responsibility of a given bidder although they can challenge the responsiveness of a bid itself. He wanted the minutes to reflect that we are not conceding the standing to Brinkley to challenge it. He thought there was no question of the facts stated by Mr. Lacey are undisputed at this point and that once the matter has been called to Council's attention by anyone, he felt it would not be proper for the Council to proceed with the award of the contract to Phillips Concrete. He felt the first thing to be done was to rescind the award of that contract. Mr. Lacey stated there was some question as to their standing to file this protest. The only other option was to go straight to court, and they did not want to do this. They preferred to bring this matter to Council, and hopefully resolve it here. Councilperson Holston so moved Concrete, Inc. be rescinded seconded on the following recorded vote: James M. Neblett - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James M. Neighbors - Aye that original bid to Phillips by Councilman Neblett and carried Andrew L. Graham - Aye W. H. Schrader, Jr. - Aye Alma H. Holston - Aye Ira S. Crawford - Aye Vice Mayor Neighbors made a motion that we put the contract out for rebid, seconded by Councilman Crawford and carried on the following recorded vote: James M. Neblett - No Andrew L. Graham - Aye J. R. Schrader, Jr. - No W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Mr. Lacey stated the Code of Virginia does require that when the Council's take action to reject all bids, that the reasons for doing so are stated in writing. Mr. Terwilliger is to prepare a document for Council's approval. This will be sent to Mr. Lacey. A special called session will be held Thursday, Sept. 7, to approve this document. At 6:25 p.m., Councilman Neblett made a motion to adjourn, seconded by Councilman Neighbors and carried. ArP OVED: ATTEST: Mayor Clerk of Coun cil