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HomeMy WebLinkAbout10-24-898623 October 24, 1989 Minutes of the regular meeting of t:.he Pulaski Town Council held October 24, 1989, at 7:00 p.m. in the Council Chambers in the Munici- pal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: J. R. Schrader, Jr., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston 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 Mr. James Murphy Mr. James Steele Mrs. Pauline T~4itchell i4r. Andy McCready Mr. Don Crispin Mayor Hancock called the meeting to order at 6:00 p.m. Council- woman Holston moved that Council go into Executive Session under 2.1-344 A1, sper_ific personnel matter, a real estate matter A6, and an economic development matter A5, seconded by Vice Mayor Neighbors and carried on the following recorded vote: James M. Neblett - Absent Andreor L. Graham - Aye J. R. Sc hrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Absent At 7: 00 p.m., Mayor Hancock called the regular meeting of Council to order. The invocation was given by Vice Mayor Neighbors. First on agenda was certification resolution covering the Executive Session held prior to Council. Vice Mayor Neighbors moved that reading of the Certification Resolution be waived, seconded by Councilman W. H. Schrader and carried. Councilwoman Holston so moved that Certification Resolution be adopted, and that only those matters that Council previously announced were discussed during the Executive Session, seconded by Vice Mayor Neighbors and carried on the following recorded vote: James M. Neblett - Absent Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye CERTIFICATION Mary Lou Copenhaver - Aye Alma H. Holston - Aye RESOLUTION James R. Neighbors - Aye Ira S. Crawford - Absent ADOPTED CERTIFICATION RESOLUTION PULASKI TOWN COUNCIL October 24, 1989 8624 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 members 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. On motion made by Councilwoman Copenhaver, seconded by Councilwoman Holston and carried, the minutes of the regular meeting of September 19, 1989, and minutes of the special meeting of October 2, 1989, were approved as submitted. Next item on agenda was to hear from the public. Vice Mayor M Neighbors advised that Mr. James Murphy had approached him with the U request that the certificate of occupancy for his apartment building on R Craig St. be extended for six to seven months as the street will extend P all the way from Craig St. to 4th Street when finished. Mr. Murphy is H not going to open entrance to 4th Street up immediately and wants to go Y through off Craig Street with the materials and there will not be any access to the back side to get to his equipment. Mr. Murphy wants to complete the second unit before completion of the street. Ms. Burgess stated that the Staff would not have a problem with extending six months his obligation to surface treat the alley. It was the recommendation from the Planning Commission that the alley be completed before issuing a certificate of occupancy. After researching, Mr. Terwilliger advised that if the Town Council wants to act on this, we will have to readvertise, however, the Planning Commission is authorized to make minor amendments to our conditions so long as they meet certain criteria set forth in the statute. Councilman Graham made a motion that this matter be referred to the Planning Commission, seconded by Vice Mayor Neighbors and carried. Dirs. Pauline Mitchell, 600 Prospect Ave., addressed Council with questions, the first being why the street lights were out on a portion of Washington Ave. It was felt that this was due to construction now in process and this will be reported to APCo. She further questioned why the Town was without water and had low water pressure recently. She was infoz~med this was due to leaves and debris and high water level from the recent storm Hugo, clogging the screen in the raw water pump on Peak Creek. Mrs. Mitchell felt that the public was not being made aware of the Town being short of water and that things were not being watched closely enough. Mrs. Mitchell also asked if a Town Manager had been chosen. Vice Mayor Neighbors stated we had not chosen a Town Manager as yet, but candidates were down to two. No time period for obtaining a Town 8625 October 24, 1989 Manager has been set, but hopefully the public will know within the next two weeks as to who the person will be. Mr. James Steel, 1027 Melborn Street requested that the ditch line behind his house needed cleaning out to prevent flooding and swampy DITCH condition. He stated this problem is not caused by storms. Mr. Steel was informed that someone would be up to investigate this matter and this placed in the Public Operations Committee for their review. Mr. Andy McCready addressed Council with the request that tighter security be installed at the structure at Cool Springs and asked that street lights be installed in this area. He further requested that th were still awaiting the installation of street lights on Route 99. He stated Council's help was needed for economic development. Councilman Graham stated that the Finance Committee was reviewing this matter and a sum of money was in the bond fund to cover these lights. Ms. Burgess is presently trying to get a total commitment from APCo before proceeding with the lighting project. There being no further comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE Chairman Neblett absent. ORDINANCE COMMITTEE Chairman W. H. Schrader advised that committee had met. In attendance at this meeting was Chief of Police Joe Williams and Lt. Terry Back as well as four skateboard rider visitors. Complaints are ORDINANCE still being received mostly from the downtown .area of skateboard riders SKATEBOARIpn streets. State law presently reads that you cannot ride a skateboard on the streets. Mr. Terwilliger has prepared a draft ordinance and th Ordinance Committee will review. The Committee also discussed the Town's decals and the problem in issuing citations. It has been interpreted as a moving violation. Mr. Terwilliger is contacting the Attorney General for an opinion to see if we can get a clarification on this. EROSION & A letter was reviewed by Committee from Environmental Specialist SED.CONT, outlining criteria the Town must meet to be able to declare an erosion impact area. This is something we need to do in our Erosion and Sediment control plan. The Ordinance Committee along with Town Engineer, and Town Attorney will get together and make a recommendation to Council. Committee also reviewed a section of Personnel Policy, Section 10.8, Responsibility of Department Heads. They are recommending changes which will be forwarded to the Personnel Committee. Chairman Schrader reported that the Planning Commission had met this month and worked on the Comprehensive Plan, Transportation Section. PUBLIC AND PERSONNEL RELATIONS, NOMINATING COMMITTEE ri October 24, 1989 8626 Chairman Neighbors reported that Committee was still investigating position of Town Manager. It is hoped a derision can be made in the next couple of weeks. Chairman Neighbors requested an Executive Session to consider a personnel matter, under 2.1-344 A1. PUBLIC OPERATIONS COMMITTEE Chairman Graham had no report. FINANCE COMMITTEE Chairman Crawford absent as the furniture industry was having an F awards banquet in High Point tonight and asked that Mayor Hancock extend his apology to Council. Vice Mayor Neighbors reported that the I committee met on October 11, 1989, and reviewed the engineering fees L from Dewberry & Davis on the Water Treatment Plant. Mr. Jeff Spickard T of Dewberry and Davis explained these additional fees to the Committee E and Vice Mayor Neighbors moved that Council approve the change order R increasing the Engineering budget for the Water Treatment Plant p expansion from $12,000 to $35,000, seconded by Councilman J. R. Schrader L and carried on the following recorded vote: T. James M. Neblett - Absent 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 - Absent B Vice Mayor Neighbors stated the committee discussed a generator and U equipment modification for emergency communications capability. This unit would operate all the radio equipment at the Filter Plant and we D would have radio contact through our base stations in emergencies. The G committee recommended this item be put into the next budget. E T A camcorder for Public Works was reviewed to film flooding, construction and to keep permanent records. Other departments could also use this equipment. Committee recommended this camcorder be considered for purchase in next year's budget. T The installation of a traffic light at the corner of Memorial Drive R and Route 11 can be installed at an estimated cost of $2,000 to the A Town. The developer of the shopping center would pay one-half of total F cost of signal. A resolution was presented to start paperwork with the F state. Councilwoman Copenhaver moved that reading of the resolution be I waived, seconded by Councilwoman Holston anci carried. C L Councilwoman Holston made a motion that resolution be adopted, I seconded by Vice Mayor Neighbors. G Pir. Terwilli er stated it is H g questionable as to whether or not that T proffer is enforceable to make them pay one-half of the light since it is an off-site improvement. It was brought up at the time that the proffers were accepted but Mr. Terwilliger wanted to make sure it was clear on the record. If they voluntarily pay it fine, but he felt we had a problem with legal enforcement. Motion then carried on the following recorded vote: 8627 October 29, 1989 James M. Neblett - Absent 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 - Absent Resolution RESOLUTION TRAFFIC LIGHT WHEREAS, it is necessary for a request by resolution be made to the Department of Highways and Transportation of the Commonwealth of Virginia, by the Council of the Town of Pulaski for each project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of the Town of Pulaski, Virginia, at its regular meeting on this 24th day of October, 1989, that: {1) The Virginia Department of Highways and Transportation is here by requested to establish a project within the Town of Pulaski Virginia, for construction of a new traffic signal for the intersection of Memorial Drive and U. S. Route 11. (2) The Town of Pulaski hereby agrees to pay its share of the cost for preliminary engineering, right of way and construction under the cost formula of 98a by the Virginia Department of Highways and Transportation and 20 by the Town of Pulaski. {3) If the Town of Pulaski subsequently decides to cancel con- struction or improvement after Commission has initiated the project, the Town of Pulaski shall reimburse the Commission the net amount of all funds expended by the Commission for planning, engineering, right of way, acquisition, demolition, relocation, construction between the date of initiation by the Town of Pulaski and the date of cancellation. Vice Mayor Neighbors advised a new chipper which chaps up tree PUBLIC limbs and brush had been purchased which was street maintenance WORKS eligible. ARMORY Vice Mayor Neighbors stated that 10 new tables needed to be purchased for the armory, and committee in agreement to purchase tables and raise the rental by $25.00 with the understanding that we will try to get one-half from the Armory. Vice Mayor Neighbors moved that $541.00 be transferred to Account No. 9400-507016-04 from Account No. 9400-507016.01 for purchase of Armory tables and be approved for expenditure, seconded by Councilwoman Copenhaver and carried on the following recorded vote: James M. Neblett - Absent 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 -Absent Committee discussed sewer line extension on Memorial Drive. When SEWER Pulaski Village Retirement Community proposed to come in on Memorial LINE Drive, according to our policy the Town and Hunt & Associates negotiated where the Town would pay 50°s of the cost of the extension of water service to their site, and 500 of the cost of the sewer lines. This was prior to the shopping center issue. The Engineering Dept. would like t October 29, 1989 8628 negotiate with Wade Robinson of Crosland-Erwin Associates by splitting this into a three way cost instead of a two way ~~ost. A meeting will be held with those concerned on this issue. PROPERTY The committee discussed office space and the offices presently occupied by Justice Harman are being vacated. Decision as to how this spare will be utilized will be determined at a later date. Mr. Hawley reported that our phone system is at a maximum, and it will be costly to add extensions. INSURANCEIn discussing employee health insurance, requests for proposals will be sent out. The State will start enrolling in April, 1990, for July of 1990 coverage. Their program will be reviewed in April. Small claims for insurance discussed by Committee. Town Treasurer, Interim Town Manager and Town Attorney met with insurance representatives to discuss these small claims. On small property damage claims (less than $500), these claims are to be brought before the Finance Committee. Claims before the committee now are the senior center van backing into a private vehicle. A memorandum has been sent out that only Town employees are allowed to drive Town vehicles. Vice Mayor Neighbors moved that authorization be given to Town staff to negotiate small claims which fall under General Liability property damage insurance which has a $500.00 deductible. Upon completion of negotiation, each claim is to be approved for payment by Council. Motion seconded by Councilwoman Holston. INSURANCE Councilman W. H. Schrader made a substitute motion that Council authorize the Town Manager to go ahead and negotiate and settle claim if it is under $500 and then report to the Council. Councilwoman Copenhaver seconded this motion and it so carried. his. Burgess reported that whenever there is a potential bodily injury involved, the Town does not make a decision; that is sent immediately to the insuran ce company for their decision. Vice Mayor Neighbors moved that $240.3'1 be appropriated to Account No. 1101-5412, Insurance - Small Claims Fund, from General Fund Unappropriated Surplus and be approved for payment to a clai mant upon his signing of the proper release form to release the Town f rom all liability, seconded by Cou ncilwoman Holston and carried on t he following recorded vote: James M. Neblett - Absent 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 - Absent STREETS Vice Mayor Neighbors advised that milling and paving bids for the downtown streets due to replacing the curb and gutter and to repave the streets back were opened on October 6. This also included Valley Raad where curb and gutter was installed and not paved last year and on East Main Street. Vice Mayor Neighbors moved that bid for milling and paving downtown streets be awarded to APAC in the amount of $43,744 and be approved for expenditure, seconded by Councilman J. R. Schrader and carried on the following recorded vote: L 8629 October 24, 1989 James M. Neblett - Absent 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 - Absent Vice Mayor Neighbors reported that John Hawley had brought the Finance Committee up to date on current bridge work needed in the Town. MAYOR'S REPORT Mayor Hancock reported that a meeting had been held with Councilm SidewalksCrawford, himself, Dr. Burns and Eddie Cruise today with regard to the requests that we have received for sidewalks at several of the schools He reported that at Northwood School, from Prospect to school would be approximately $23,400 and from Prospect to Rt. 11 $82,445. Sometime back we had a request from the Pulaski Middle School with regard to sidewalk, at an approximate cost of $20,000 and also from Claremont School at an estimated cost of $12,000. They have indicated they will immediately begin to work with parents who had concerns and alternate solutions will be explored. The school system committed to work with us on this issue. TOWN ATTORNEY'S REPORT Mr. Terwilliger requested an Executive Session on a personnel matter involving a specifically named individual, under 2.1-344-A1. TOWN MANAGER'S REPORT Property Ms. Burgess advised we had two requests to purchase Town owned property. One involves a small tract of land and house located on Airport Road across from Loving Field. The Recreation Director believes this property is strategically valuable as it is located across from the entrance to Loving Field and he would be opposed to selling the property. Vice Mayor Neighbors made a motion that petitioner be informed of the Town's interest in keeping this property at the present time, seconded by Councilman J. R. Schrader and carried. Ms. Burgess stated the second request concerns a small strip of land which is a portion of MacGill Village Park property. The owner of the Villa Beauty Salon would like to purchase this land in order to enlarge his business and construct a driveway around the building. This strip of land has no potential park use due to its topography. Councilwoman Holston so moved that this property be advertised for sale, seconded by Councilwoman Copenhaver and carried. Streets Ms. Burgess reported we had a request for a street closing, Second Street Southwest off Bertha Street. This is a dedicated public right of way but has never been developed. Comments have been received from Department Heads indicating there would be no problem in closure. Public Councilman J. R. Schrader made a motion that procedure be initiated for Hearing a street closing and that a public hearing be scheduled for November 21, 1989 at 7:00 p.m., seconded by Councilman W. H. Schrader and carried. Ms. Burgess stated that information had been distributed on the Census 1990 census activities which the Town may wish to participate in to October 24, 1989 8630 promote the census. Because accurate census data is critical in the determination of a majority of funding formulas, grant applications, and planning major policy decisions it was felt it advisable to engage in some type of promotion which enhances awareness of the day the count is taken (April 1, 1990). It was recommended that a committee be established composed of the Town Finance Director, the Mayor or Council Members, one member of the Planning Commission, a representative of the school system, the media and several citizens. This recommendation referred to the Personnel Committee for their review. WATER Ms. Burgess stated the County has requested that Town NE~epresentatives be appointed to a committee to renegotiate the fees for the sale of water between the Town and County. New rates should be in effect by July 1, 1990. This matter also referred to the Personnel Committee for their consideration. TREES As a matter of information, Ms. Burgess informed Council that the first replacement of trees by APCo has been advertised to obtain public comment. To date, no comments for or against have been received. Representatives of the Beautification Committee have selected the new trees in this location which will be Radiant Crabapple. Mayor Hancock suggested a more oval shape tree, such as a Bradford Pear. AGENCY ON AGING Ms. Burgess advised that the New-River Valley Agency on Aging has requested a resolution of support from the Town to assist in approval of a budget addendum submitted to the Governor for $26.1 million in services to provide care and prevent institutionalization of the frail elderly. This-appropriation would mean an addition $751,000 to our local Agency. Councilwoman Holston so moved that a resolution be prepared for adoption at the next Council Meeting, seconded by Councilman W. H. Schrader and carried. N & W Ms. Burgess brought Council up to date on the Train Station Fund Raising efforts. Samples of printed materials to be sold were displayed. This effort has already secured a pledge of $10,000 and cash received in the amount of $2,180..85. Over 300 volunteer construction hours have been spent to date working on the station. Rezoning Ms. Burgess advised a petition had been received from residents on Pierce Avenue requesting that the land that houses the old Virginia Oak Flooring building be rezoned to residential from its current business zoning classification. This property is up for auction and perhaps it is a good time to initiate a rezoning. Vice Mayor Neighbors made a motion that this petition be referred to the Planning Commission for their recommendation, seconded by Councilman J. R. Schrader and carried. RECREATION Ms. Burgess, reporting for Councilman Neblett, stated a Recreation Committee meeting was held last week with the County and Dublin. Minutes of this meeting were distributed. Several questions were presented at end of meeting. Would the localities be interested in establishing a county-wide recreation program, and if so, would they be willing to fund it at the necessary level. The Town would be paid to provide this service. Dave Hart is working up some cost estimates along with Terri Gregory, Office on Youth. Emphasis will be placed on school age children. If the Town operated this program, what we do beyond programs for school age children would be up to the Town. The next meeting is 8631 October 24, 1989 October 24, 1989 8631 scheduled for November 20th. Mayor Hancock advised Council would need Session on personnel matter of a general natu involving a specific individual, a request of Mayor Neighbors so moved that Council go into 2.1-344 A1, A2 and A7, seconded by Councilman on the following recorded vote: to go into Executive re, a personnel matter legal counsel, and Vice Executive Session under W. H. Schrader and carried James M. Neblett - Absent 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 - Absent At 8:12 p.m. Council went into Executive Session. At 8:45 p.m. Council returned to regular session and reading of the certification resolution waived, on motion made by Vice Mayor Neighbors, seconded by Councilwoman Holston and carried. Vice Mayor Neighbors made a motion that Certification Resolution be adopted, seconded by Councilwoman Holst on and carried on the following recorded vote: James M. Neblett - Absent 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 - Absent CERTIFICATION RESOLUTION 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, 5.2.1-344.1 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 identified in the motion convening the executive meeting were heard, discussed or considered by the Pulaski Town Council. Mayor Hancock reported the Department of Transportation would hold a "round table" meeting in Roanoke on November 28, 1989, and possibly the Town should send a representative to this meeting. At 8:47 p.m. Councilman Graham made a motion to adjourn, seconded by Councilwoman Holston and carried. Attest: lerk of Council APPROVED: t ~~ g j!. Mayor 7~