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HomeMy WebLinkAbout10-01-85/ a;.l~~ October 1, 1985 Minutes of the regular meeting of the Pulaski Town Council held October 1, 1985, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Vice Mayor James R. Neighbors, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, C. E. Boyd, Jr., Ira S. Crawford, Mary Lou Copenhaver, Glen K. Aust Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Anne Burgess, Assistant to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Pierre Thomas of the news media Vicki Futrell Barney Kemp Betty Quesenberry Vance Farmer Patsy Brown Nine area. citizens The invocation was given by Councilman Aust. The minutes of the regular meeting of September 17, 1985, were approved after correction. Traffic Mrs. Patsy Brown addressed Council, advising she disagreed with Town Ordinance ordinance concerning Town decals. Two members of her family had received tickets for expired decals. They had parked cars on street as this was the only available space where they live. They parked cars and were not using until decals could be purchased. Council did not feel there was a fair way to change ordinance while cars parked on public streets. Town Attorney has advised the Chief of Police that in his opinion, he should refrain from going on anything other than public parking lots. Police should refrain from going on private parking lots that are not open to the general public, or onto private property. ALLEY In hearing from the public, Mr. Barney Kemp addressed Council regarding CLOSING the closing of an alley East of Dillon Street. Mr. Kemp opposed the closing of this alley as he and others use this as a turn around for trucks and cars. He did advise he was not opposed to the closing of a portion of the alley, but did need at least 50' from middle of street to turn trucks around. Ms. Betty Quesenberry wants the alley closed for her safety, and Vance Farmer expressed that he wanted all of the alley closed. Council desired to wait for viewers report before action, and Councilman Boyd made a motion to refer this back to the viewers for their recommendations, seconded by Councilman Crawford and carried. Citizens attending were advised this would come before Council at the next meeting on October 15th at 7:OO p.m. As there were no further comments from the public, Vice Mayor Neighbors called for Council Committee reports. UTILITIES COMMITTEE RESOLUTION Chairman Johnston advised a resolution was adopted by the Peppers Ferry RE: MAYOR Authority in memory of Mayor Ratcliffe which he felt should be entered into RATCLIFFE the minutes of this meeting. RESOLUTION WHEREAS, from its very beginnings, Pepper's Ferry Regional Wastewater Treatment Authority received the enthusiastic and dedicated support and endorsement of the Honorable Raymond F. Ratcliffe, as a regional undertaking for the benefit of the people of the Town of Pulaski and all of the people of the New River Valley; and WHEREAS, throughout the period of his membership on this Authority, as a representative of the Town of Pulaski, he gave tirelessly and unstintingly of his time and talents to promote the realization of the concepts and objectives for which the Authority was conceived; and 1 October 1, 1985 ~~~3 WHEREAS,.. his qualities of leadership, his selfless devotion to the ideals of regional cooperation and harmony, and his dedication to and promotion of the interests of the people of his hometown of Pulaski and all of the people of the New River Valley served as an inspiration and example for all of those who served with him on this Authority; and WHEREAS, his recent death has deprived this Authority as well as the people of the Town of Pulaski and of the New River Valley of the services of a splendid and beloved servant and co-worker; and WHEREAS, although words can never adequately express the sadness and sense of terrible loss we feel, or the love we bore for him, nevertheless the members of this Authority wish to unanimously and publicly make known our conviction that the life and actions of the Honorable Raymond F. Ratcliffe were and are a blessing to us all, and the impact of his contributions to the public weal cannot be sufficiently emphasized by mortal man to fully recognize their importance; but we nevertheless resolve: 1. That the comments in the preamble to this Resolution are hereby confirmed as a less than adequate expression of regard for and as a tribute to the Honorable Raymond F. Ratcliffe. 2. That we express our profound sorrow that hsi death has removed from our midst a truly fine and remarkable man, who will be sorely missed by all who knew and served with him, and by the public for whom so many of his efforts were exerted. 3. That we extend to his lovely wife, and to his children, our deepest sympathy of his passing from ottr earth to be with God. 4. That this resolution be permanently inscribed upon the records of this Authority. 5. That copies of this resolution be forwarded. to his widow, his children, and to the Council of the Town of Pulaski. Signed on behalf of Pepper's Ferry Regional Wastewater Treatment Authority this 19th day of September, 1985. Chairman Chairman Johnston distributed a partial contract, advising that jurisdictions were being requested to pass a contract dealing with the fact that the County of Pulaski is responsible for adding an expansion to the plant, however, County states in contract it is their intention to ask the authority and all jurisdictions PEPPERS FERRY for support in terms of this expansion and that they plan to issue general obligation bonds, dependent upon an election, but if election is unsatisfactory, then they plan to perhaps stop expansion at that time. Council requested to review this contract. Councilman Crawford aked if this would delay federal funding in this project or be any additional costs to the Town, with Chairman Johnston advising they had not been advised of any delays and had not been advised of any additional costs to the Town. There have been some delays on some of the contracts. PEPPERS On pump station, contract 4B, construction company did not submit their FERRY minority business document and has requested a 90 day extension period. Peppers q/oT Ferry has recommended the 90 day extension with liquidated damages reduced from $1,500 to $300. PEPPERS Chairman Johnston so moved the Town of Pulaski agrees the liquidated daily FERRY damages be reduced from $1,500 to $300, and the contract, in terms of scheduling, that we go ahead with the original schedule of the pump station, seconded by Councilman Neblett and carried. POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS AND NOMINATING COMMITTEE Chairman Neblett presented resolution appointing Councilman Ira S. Crawford APPT.TO to the Peppers Ferry Authority, and so moved that resolution be adopted appointing PEPPERS FERRY Ira. S. Crawford to the Peppers Ferry Regional Wastewater Treatment Authority ~~'~~ October 1, 1985 to fill unexpired term of Mayor Ratcliffe, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye RESOLUTION RESOLUTION WHEREAS, the Town of Pulaski did by formal Resolution appoint Mayor Raymond IRA P. CRAW- F. Ratcliffe to the Peppers Ferry Regional Wastewater Treatment Authority FORD TO to serve a term of four (4) years, with term to expire on December 31, 1988, PFWWTA or until his successor is appointed and duly qualifies. James R. Neighbors - Aye Ira S. Crawford - Abstain Mary Lou Copenhaver -Aye Glen K. Aust - Aye WHEREAS, due to the death of Mayor Ratcliffe, it is now necessary to appoint a member to fill the unexpired term. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meeting in regular session on this the 1st day of October, 1985, that Councilman Ira. S. Crawford be, and he is hereby named one of the Town's two members of the Peppers Ferry Regional Wastewater Treatment Authority to fill the unexpired term beginning October 1, 1985, and expiring on December 31, 1988, or until hsi successor is appointed and duly qualifies. BE IT FURTHER RESOLVED that the Clerk of the said Council is directed to notify the Peppers Ferry Regional Wastewater Treatment Authority of this appointment and the expiration date thereof. This Resolution shall become effective upon adoption. Adopted this 1st day of October, 1985. NICK GLENN ~ Chairman Neblett made a motion that Robert N. Glenn, presently serving APPT. TO AIRPORT as alternate on the New River Valley Airport Commission, be appointed as the COMMISSION official representative for the Town of Pulaski, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Abstain James M. Neblett - Aye C. E. Boyd, Jr. - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Mary Lou Copenhaver -Aye Glen K. Aust - Aye M. L. COPENHAVEKhairman Neblett made a motion that Mrs. Mary Lou Copenhaver be appointed ALTERNATE to serve as alternate on the New River Valley Airport Commission, seconded by TO AIRPORT COMM. CouncilmanBoyd and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye James R. Neighbors - Aye Ira. S. Crawford - Aye Mary Lou Copenhaver -Abstain Glen K. Aust - Aye EUGENE NUCKOLS Chairman Neblett moved that Mr. Eugene Nuckols be reappointed to the Board APPT. TO BOARD OF of Zoning Appeals and that the Town Attorney prepare the proper Order to be ZONING entered by the Judge of the Pulaski County Court for the reappointment of Mr. APPEALS Nuckols with term of five years, seconded by Councilman Glenn and carried on the following recorded vote: I J 1 John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd had no report. FINANCE COMMITTEE Chairman Crawford stated Finance Committee had met on September 25, 1985. EMPLOYEE Committee discussed the employee life insurance contract which expires in LIFE INS. October. The lowest quote received from Sun Life and Kansas City. Kansas City is guaranteed for two years and Sun Life is guaranteed for sixteen months. Chairman Crawford moved that a contract for life and accidental death insurance for the Town employees be awarded to Kansas City through Professional October 1, 1985 ~~~ Insurance Consultants at a 36~ combined rate calculated l~ times salary. The Town Manager be authorized to negotiate the contract, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye ARMORY Chairman Crawford advised that the Department of Military Affairs has sent a reimbursement agreement covering majo r repair projects at the Armory. They will pay 100 of major repairs and 25~ of the routine maintenance and operational costs. Chairman Crawford advised there were several projects in progress, including TRAFFIC bridges and traffic light on Bob White Blvd. $20,000 has been budgeted for LIGHT engineering on the Altoona Street Bridge, Main Street Bridge and the Bob White Blvd. traffic light. We are now in receipt of bill in the amount of $247.00 BRIDGES for some of the work on the traffic light. The West Main Street Bridge agreement makes the Town liable .for 5~ of the cost which is estimated at $6,519. We are also liable for approximately $3,900 on the traffic light; and $15,000 on the Altoona Street bridge. The Town Manager felt this total cost could be spread over two fiscal years, but has requested an appropriation of $5,000 to cover the smaller expenditures. Chairman Crawford moved that $5,000.00 previously appropriated to Revenue Sharing account No. 106-7016, Professional Services be approved for expenditure for EngineeringServices, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye FIRE Chairman Crawford stated committee discussed breathing apparatus for Fire DEPT. Department. $2,200 has been budgeted for these air cylinders.. Chairman Crawford moved that $2,200.00 previously appropriated to Revenue Sharing Account No. 106-7001.01 Machinery and Equipment, Fire Department, be approved for expenditure for air cylinders, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye. James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Crawford advised the committee discussed briefly the new salaries for Police Officers and problems encountered which delayed the implementation date to September 26th pay period from August 31st pay period. Chairman Crawford advised committee had discussed new truck for refuse collection and new dumpsters. A refuse collection study is to be presented to Council for their review and this will be studied prior to appropriation being requested. Chairman Crawford stated committee had discussed the request from New River NRV Valley Airport for additional funding. The Commission has requested $11,344 AIRPORT and Che Town budgeted $5,543. The committee recommended that we appropriate $1,755 additional operational funds. Chairman Crawford moved that $1,755 be appropriated to account No. 1225-5608, Contribution to New River Valley Airport Commission from General Fund Unappropriated Surplus for additional airport funding and be approved for expenditure, seconded by Councilman Boyd and carried on the following recorded vote: ~~~V October 1, 1985 John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Chairman Crawford stated the Town Manager had advised that we are prepared to implement the changes necessary to comply with the Fair Labor Standards Act on October 14th. On October 14th, several of our employees work schedule and Police work period will change in order to comply with the Act. In order to complete Dept. our compliance, we are responsible for overtime earned but not paid from April FLSA 15th to this date. Police Officers who work security at recreational events are paid a $15.00 flat rate. This violates the Fair Labor Standards Act and we are required to pay overtime for the actual hours worked. Therefore, we have calculated the amount due when the $15.00 payment is taken into. consideration. Chairman Crawford so moved that $1,213.60 be appropriated from unappropriated surplus and transferred to Account No. 7104-1002, Recreation Centers and Playgrounds/ Salaries and Wages - Overtime, and approve for expenditure, seconded by CouncilmanNeblett and carried-on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Fire Dept. Chairman Crawford advised firefighters are exempt from overtime provision FLSA provided they have agreed in advance that 8 hours sleep may be deducted from their work day. The Town firefighters have agreed, effective September 1, 1985, to have this time deducted. But to comply with the Fair Labor Standards Act, we need to pay overtime from April 15th through September 1st. Chairman Crawford so moved that $4,673.32 be appropriated from unappropriated surplus and transferred to Account No. 3201-1002 Fire Department Salaries and Wages, Overtime, and approve for expenditure, seconded by Councilman Boyd and carried on the following, recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye ORDINANCE COMMITTEE Chairperson Copenhaver advised committee met September 30, 1985. She TRAFFIC stated that Town Attorney had talked with the Assistant Attorney General ORDINANCE concerning our motor vehicle and traffic ordinance. Mr. Terwilliger stated in a telephone conversation, he had made an informal inquiry as to what their position might be as to the question of the parking on residential streets, and whether they felt that the State Code provision as to parking on the right hand side of the road as with the flow of traffic, applied. The Assistant Attorney General's opinion coincided with Mr. Terwilliger's opinion that if this portion left out of local ordinance, the State law still applies. It is just a question as to who gets the money. Highways, as defined in code, applies to all streets, alleys and every public right of way in the Town. Mr. Terwilliger's recommendation to the Ordinance Committee is that they delete the exceptions which are now in the existing code because there is no authority in the code for Council go give exceptions. But leave in the basic prohibition in the Town ordinance so that the Town Treasury can get the benefit of any tickets that are given. Council discussed this ordinance at length and it will be brought back to Council at the October 15th meeting. Chairperson Copenhaver advised that town tag must be displayed on right October 1, 1985 ~~~~ hand side of State. decal, and if there is no windshield, then it must go on the frame, readily visible to observer standing 10 ft. away. This was brought about by people laying the tags on dashboard of car.. Chairperson Copenhaver advised an Ordinance Committee meeting was scheduled for Wednesday, October 9th, at 4:30 p.m. to review the new Personnel Ordinance.Chairperson Copenhaver further noted that Town Attorney is working on giving Council a proposed noise ordinance. PUBLIC SAFETY COMMITTEE Chairman Aust had no report. REPORT OF TOWN ATTORNEY Mr. Terwilliger had no report. REPOR'~ OF TOWN MANAGER Mr. McKeever advised the Department of Military Affairs had forwarded a draft maintenance agreement concerning the Armory for our review. ARMORY Councilman Crawford made a motion that Council agree to this draft and authorized the Town Manager to respond positively to the Department of Military Affairs, seconded by Councilman Boyd and carried, STREETS Mr. McKeever stated property owners of Deerfield Manor had requested the Town accept Deerfield Drive into the Town's Street System. The Engineering Department has reviewed the street and recommends it be included in the Town's Street System. Councilman Boyd made a motion that Deerfield Drive be accepted into the Town's System, seconded by Councilman Neblett Councilman Glenn made a substitute motion favoring .taking this Drive in, however, at next meeting Town Engineer to attach a plat defining area to be taken in, seconded by Councilman Boyd and carried. Mr. McKeever advised the refuse collection study and the Fair Labor Standard Act changes in Personnel Policy ordinance would be distributed to Council this week. He further advised Ordinance Committee meeting has been scheduled for October 9th at 4:30 p.m. prior to Lands, Buildings and Cemetery Committee meeting at 5:00 p.m. on the same day. Council requested to review study and policy prior to meeting so necessary changes could be made, as we need to be in compliance on October 15th. Mr. McKeever requested Council to consider an Executive Session under 2.1-344 (6) t© discuss a legal matter and a personnel matter. Co~incilman Glenn so moved that Council go into Executive Session, seconded by Councilman Boyd and carried. At 5:04 p.m. Council went into Executive Session. At 5:49 p.m. Council returned to Regular Session. At 5:50 p.m. Councilman Neblett made a motion to adjourn, seconded by Councilman Glenn and carried. APPROVED: Vice Mayor ATTEST: ~..~~ ~. Clerk of Council