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HomeMy WebLinkAbout11-04-85a.~~Grs November 4, 1985 Minutes of the regular meeting of the Pulaski Town Council held November 4, 1985, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, C. E. Boyd, Jr., James R. Neighbors, Ira S. Crawford Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Anne Burgess, Assistant to the Town Manager Brigitte Manning, Acting Clerk of Council Visitors: Wayne Quesenberry and Pierre Thomas of the news media. The invocation was given by Councilman Neighbors. Councilman Neblett moved that Brigitte Manning be appointed as Acting Clerk, seconded by Councilman Boyd and carried. Councilman Glenn made a motion that minutes of the regular meeting of October 15, 1985, be approved, seconded by Councilman Neighbors and carried. As there were no comments from the public, Mayor Hancock called for Council Committee reports. UTILITIES COMMITTEE Chairman Johnston had no report. POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS AND NOMINATING COMMITTEE Chairman Neblett advised the Personnel Committee had met and so moved to CEMETERY TRUST appoint John .Bolen to serve the unexpired term of Mr. Cummings on the Cemetery Trustee Committee with term to expire in 1987, seconded by Councilman Crawford. Mr. Terwilliger advised Council had requested that he prepare resolution and order for the court to appoint Mayor Hancock to the Cemetery Trust. In review of file, he found, unlike any other type of Cemetery Trust Fund, a municipality does not have to require a court order and original order that set up the Trust, it provides that the Mayor and Treasurer and their successors are automatically named Trustees. No additional ordinance or order is required at this time. He will prepare order and resolution covering Mr. Bolen. Motion then carried. PLANNING Chairman Neblett so moved that Mr. Roy D'Ardenne be appointed to serve COMMISSION the unexpired term of Mayor Hanock on the Planning Commission, seconded by Councilman Crawford, and so carried. GRIEVANCE Chairman Neblett moved that Tamera Nash, Roy D'Ardenne, and John Bolen PANEL be appointed to the Grievance Panel, seconded by Councilman Glenn and carried. Chairman Neblett moved that James Webb, Jr. be appointed to the Beautification BEAUTIFICATION COMMITTEE Committee to fill an unexpired term of March 1, 1987, seconded by Councilman Glenn and .carried. ORDINANCE COMMITTEE Chairperson Copenhaver absent. Councilman Neblett advised the Ordinance Committee had met on October 21 and October 29. On Personnel Policy, page 44, Holiday and Leave Policy, should be changed to eligible employees scheduled to work on a holiday, will accumulate 8 hours of holiday time, which they can take at a later date. The committee recommended that the policy of leaving reprimands in personnel file for an unlimited period of time be maintained at this time. A draft noise ordinance is to be prepared and brought to Council for review. The nuisance ordinance language allows Town to act in case of an emergency. Mr. McKeever has requested that Town Attorney and Committee review this language as he and Building Inspector feel they need more specific language to allow them to act in cases of emergency. Also, necessary changes are being made to the Charter, as Town Code is November 4, 1985 ~~~~ being rewritten. Recommended changes to be forwarded to Ordinance Committee as soon as possible. Councilman Neblett advised that in Personnel Policy, if there is a holiday during the week or the employee has taken annual leave or sick leave and then on another day is called back to do emergency repairs, the employee may not be eligible for paid overtime. However, the committee felt that employees that are called back to duty after leaving the work site, should be compensated at time and one half. Anew overtime category should be created for emergency call back. Council discussed compensation at length and language is to be reviewed. This possibly could be called call-back policy. Mr. McKeever advised that on July 1, 1975, the Town adopted the BOCA code as its building code. Apart of this code, Section 14, is the adoption of the Housing and Property Maintenance Code. We do have an ordinance that was an amendment to the July 1, 1975 ordinance adopted on the same day that lists the Housing - Property Maintenance Code as part of those codes adopted and all subsequent amendments. Mr. McKeever recommended an ordinance adopting the most recent amendment. LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd advised committee met on October 29. A bid was received TOWN from Roda Quesenberry in the amount of $300.00 for property located at 504 First PROPERTY Street, SW. Chairman Boyd made a motion that land be sold to Ms. Roda Quesenberry SOLD at 504 First Street, SW for $300.00 seconded by Councilman Neblett 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 -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Absent Chairman Boyd advised bid had also been received from Mason Mabe in the amount of $3,530.00 for property located at 644 8th Street, NW. and so moved that we sell this property to Mr. Mabe for the sum of $3,530.00, seconded by Councilman Crawford 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 -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Absent RED Chairman Boyd advised that a letter had been received from the State Highway LIGHT Department on the red light at Bob White Blvd. and Memorial Drive, and this work will not start until March, 1986. Mr. McKeever advised there would be late delivery on the electrical supplies. Chairman Boyd stated committee had discussed cleaning up the Town and Town Manager has assured them some people would be freed up to do some of the cleaning, but the committee felt additional people should be hired part-time to help with the cleaning in the Spring. This will again be reviewed in the Spring. Leveling dirt with sidewalk, and planting grass was also discussed. Chairman Boyd advised the Laurel Wood Apartment Complex on Macgill Street has started and will not consist of low to moderate income families. This will include 20 apartments for middle income families. Chairman Boyd stated we have a concern from Dr. Lilly's Office. Office has been remodeled and resurveyed, and resurvey finds this office is on 10 ft. TOWN of Town owned property. PROPERTY DR. LILLY Mr. Terwilliger requested minutes of Lands and Buildings meeting be corrected. He did not actually discover this situation. Another attorney found while doing a title search and relayed the information to him, and he relayed the information to Mr. McKeever. Mayor Hancock requested minutes to show that he did not participate in ~~~8 November 4, 1985 this discussion. Mr. Terwilliger advised that originally these lots were shaped differently, and at one point the Town purchased the rear end of this lot, apparently to use for fill when they were redoing from Peak Creek, from that point to the end of the wall down. The building encroaches on Town owned property. Dr. Lilly has requested this property be sold to him. Any easement into property would be an easement of necessity and we do not know if this exists. It is not used by the public in any way to Mr. Terwilliger's knowledge. The purchase price of the original deed of Town purchase was $700-$720. If decision made to sell property, Mr. Terwilliger advised it should be advertised and sold to highest bidder. Chairman Boyd made a motion that we advertise this property for sale, seconded by Councilman Glenn. Vice Mayor Neighbors conducted this portion of the meeting, and questioned the line of Town property, which Mr. Terwilliger explained. Motion then carried. Chairman Boyd advised he had received a citizen concern regarding Police pursuit as there was almost a major accident at 3rd St. and Washington Ave. intersection at 11:00 a.m. Saturday morning, and requested Mr. McKeever review the Police pursuit policy.Chairman Boyd questioned that in private parking lots (like shopping centers) we are authorized to give tickets, but we cannot investigate an accidents, and asked if this was correct. Mr. McKeever stated this was the policy. The policy was enacted because you can't assign liability; all we can do is exchange information. Citizens have to inform the Division of Motor Vehicles that they have been involved in an accident on private property. The State Police will not investigate. an accident on private property either. Police Department will assist in filing DMV reports but report is only issued if there is personal injury, hit and run or damage is major. RECREATION AND PARKS COMMITTEE BASKETBALL Chairman Neighbors advised committee had met on October 29th and discussed PROGRAM W/ the possibility of having a joint YMCA and Town basketball program this year. YMCA YMCA ro ram would be 25.00, but b the Town P g $ y joining in and using YMCA facilities, cost would be about $10.00. If costs do exceed this, the "Y" and Town will share the cost on a 50-50 basis. Committee recommended that games played at "Y" be supervised by the "Y" people. If other facilities are utilized, the Town people will be responsible for supervision. Mr. McKeever is to check to see if there are any insurance problems. Council in agreement to give this program a try. FINANCE COMMITTEE Chairman Crawford advised committee had met October 31. Committee discussed the Town's line of credit on Peppers Ferry. The Town has borrowed $909,546..58 PEPPERS which covers the 75~ portion of our federal grant money that we get back upon FERRY completion of the job. $198,988.65 has been repaid which left a balance of $710,557.93. Peppers Ferry has received a reimbursement check for $490,705.27 which should apply to the Town of Pulaski's borrowing, which leaves a balance of $219,852.66. Peppers Ferry is asking for the Town's permission to go ahead and apply this check to our revolving credit. We would like this check immediately applied without asking Council's permission to apply. Committee requested Council's authority to direct Peppers Ferry on any of these checks that come in be applied against our revolving credit. Chairman Crawford so moved that Town Manager be authorized to draft a letter giving Peppers Ferry blanket authority to apply any proceeds from EPA November 4, 1985 -7~~Q that would go against Town's balance to be immediately applied against it, seconded by Councilman Johnston This is to include the $490,705.27 that Peppers Ferry has received. Councilman Johnston advised committee had questions regarding distribution of EPr1 monies and amounts, where it came from, calendar year, contracts monies apply to, etc. Motion carried on the following recorded vote: John A. Johnston _ Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira 5. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Absent Chairman Crawford advised the committee discussed the purchase of dumpsters, trash truck and chassis as our services are being affected. Committee recommended TRASH that we purchase 25 .dumpsters at $644.31 each for a total cost of $15,105.25 TRUCK/ DUMPSTERsand also low bid received on truck chassis from Hudson Chevrolet at $21,307.54. We have $26,000.00 Revenue Sharing that has been set aside for the purchase of dump truck which will be postponed and this amount applied toward this purchase. Total needed is $36,412.79 and with revenue sharing in the amount of $26,000.00 deducted, leaves a balance of $10,412.79. Chairman Crawford made a motion that $26,000 budgeted to Revenue Sharing Account No. 106-7005.04 be approved for expenditure for truck chassis and d psters, and so moved that $.10,412.79. be appropriated to General Fund Account ~ ~~~203-7005 Motor Vehicles 'an d Equipment, Refuse Collection from General Fund Unappropriated Surplus for t he purchase and dumpsters and approved 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 - Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Absent Chairman Crawford advised committee discussed insurance and bids are due on December 6th. The market is very tight and committee felt it might be to INSURANCFour advantage to see if our present carrier could grant any type of extension on our present policy and a six month extension will be allowed. The committee regeusted the Town Manager write a request for proposal for a licensed insurance consultant to examine our liability and specifications and make recommendations for coverage. Insurance will be rebid at a later date and will coincide with our budget year. Mr. McKeever advised we hope to have something back to Council within 30 days. PUBLIC .SAFETY COMMITTEE Chairman Aust absent. MAYOR'S REPORT Mayor Hancock stated that Council had requested that he and Town Attorney look into adopting Roberts Rules of Order as a procedural guideline in conducting our meetings of Council and they recommend that we do this. Councilman Neblett ROBERTS so moved that we adopt Roberts Rules of Order as a procedural guideline, seconded BULES OF by Councilman Crawford and carried. ORDER Mayor Hancock stated that members of Council would like to express their ADOPT. condelences to Mr. Aust and Mrs. Harrell in the death of their uncle, Mr. Aust. REPORT OF TOWN ATTORNEY Mr. Terwilliger stated at last meeting, resolution requested opposing the legislation requiring that local municipal employees be covered by medicare, and he presented and read this resolution. ~~~0 November 4, 1985 RESOLUTION OPPOSING ANY LEGISLATION RESOLUTION WHICH WOULD REQUIRE THAT LOCAL MUNICIPAL EMPLOYEES MEDICARE BE COVERED BY MEDICARE WHEREAS, certain legislation has been proposed in the Congress of the United States which would require all State and Local Government employees to becovered under that program known as "MEDICARE": and the Town and its employees would each be required to contribute 1.45 percent of each employee's salary to said fund program; and WHEREAS, the proposed legislation would place an unnecessary burden upon both the governmental units and employees without a proportional benefit to justify such a burden; THEREFORE, be it RESOLVED by the Town Council of the Town of Pulaski, Virginia. sitting in regular session on November 4, 1985, that said Council should, and hereby does, go on record as being opposed to any legislation which would require State and/or Local Governmental Employees to be covered by Medicare; and,.. BE IT FURTHER RESOLVED that said Council should, and hereby does, urge the Virginia Municipal League to formally oppose any such proposals; and, BE IT FURTHER RESOLVED that said Council does hereby request that the Honorable John Warner, the Honorable Paul Trible, and the Honorable Frederick Boucher oppose any such legislation. This Resolution is effective upon adoption and it is adopted this 4th day of November, 1985, by unanimous of the Town Council of the Town of Pulaski,Virginia. REPORT OF TOWN MANAGER Mr. McKeever advised he had received a petition from residents in the Wurno WATER RATES area requesting they be considered Town residents because they feel there may WURNO AREA be a pending annexation and they would like to have their water rates reduced. By ordinance, the policy of the Town is, that out of town customers are charged at a higher rate than Town residents. If this particular area is annexed by Town, these rates will drop. At present, Mr. McKeever felt we should notify the petitioners that at this time we cannot do anything to relieve those fees. Their rates will remain the same if and until they are included in the Town. Mr. McKeever advised a public hearing should be scheduled to gather public TAXI CAB comments concerning the issuance of permits and licenses to cab companies. HEARING SCH. Councilman Neblett so moved that public hearing be scheduled on December 3, 1985, at 4:00 p.m. seconded by Councilman Boyd and carried. Mr. McKeever stated that last year the Town remained open on Veteran's Day, November 11 and allowed the employees to celebrate this day on the Friday VETERANS DAY following Thanksgiving. and recommended the same be done this year.Councilman Boyd so moved that Veterans Day be celebrated the Friday following Thanksgiving Day, seconded by Councilman Neblett and carried. Mr. McKeever advised that at last meeting, Mr. Blevins appeared before Council to ask assistance in controlling the flooding along Peak Creek and Dora PEAK Highway area. Less than 50 feet of creek was not cleaned. We still firmly CREEK believe, and have recently been supported by the Corps of Engineers, that the problem still lies beyond the corporate limits. The Army Corps of Engineers have been written requesting what permits will be necessary to complete a cleaning of the creek to Route 99. We think when this is accomplished, this will significantly reduce the flood plain. Conversations have been held with Pulaski County to see if they would be willing to assist us in this project.Mr. McKeever will bring information obtained back to Council. Mr. McKeever is to write Mr. Blevins, and this subject removed from agenda, until future report. 1 November 4, 1985 ~~31 report. Mr..McKeever advised the Town Treasurer is a partner in the Sports Stop TREASURER in Dublin and the Town has recently purchased items from the store. In order to eliminate any possiblity of conflict of interest, an opinion was requested from the Commonwealth's Attorney as to whether there was a conflict of interest. The opinion received October 11, 1985 does allow the purchases of the. Town from the Sports Stop as long as we follow a formally adopted purchasing procedure. Internal procedures have been implemented to prohibit discussion between Gary Cutlip as a partner and anyone from Recreation Department who has an interest in purchasing. The Town Attorney felt it proper to notify the Council and Town of the Treasurer's interest in this business. The Commonwealth's Attorney sees no conflict of interest. The State Department of Conservation and Historic Resources will conduct PUBLIC a public hearing on November 13, 1985, at 7:30 p.m. in the Council Chambers HEAR. to gather public input into having the downtown Pulaski area designated as a historic district. The hearing will be conducted by the Director of the Division of Historic Landmarks. Also in attendance will be the Architectural Historian who conducted the study to answer questions. Council was invited to this hearing along with members of the Downtown Study Group Subcommittee, Planning Commission and members of the Centennial Committee. Mr. McKeever reminded Council the Virginia Municipal League Regional Meeting will be held in Roanoke on November 26 and requested Council to inform his office of members planning to attend. Mr. McKeever advised the Town Section Chairman has written to poll Towns on several issues discussed at the Annual VMP meeting in Roanoke. These issues are the result of a JLARC study of Towns. The poll asks our Town to agree or disagree with the JLARC recommendation.. Councilman Neblett made a motion that this poll be referred to teh Finance Committee, seconded by Councilman Boyd and carried. Mr. McKeever stated Council had requested wither the downtown lighting program has been completed, and it has according to the recommendation from DOWNTOWN the Babcock and Schmidt study. Poles are being identified on west end, past LIGHT. Randolph Ave and down to the "Y" on Route 99, for further light installation. Mr. McKeever presented bank resolutions to allow monies to go to specific accounts and to authorize movement of money for maximum investment. Councilman Boyd so moved to adopt resolutions as presented, seconded by Councilman Neblett and carried. RESOLUTION BANK BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, RESOLUT. meeting in regular session on November 4, 1985, that: 1. Sovran Bank/Bank of Virginia/Charter Federal and Bank of Speedwell is hereby designated a depository of the Town of Pulaski, Virginia. The Town states intent to maintain such accounts at the Sovran Bank/Bank of Virginia/ Charter Federal and Bank of Speedwell as may be indicated by the needs of the Town from time to time. 2. In order to facilitate the transfer of Town funds from one account of the Town to any other account of the Town (whether also in this institution or not), Sovran Bank/Bank of Speedwell/Charter Federal and Bank of Speedwell is hereby authorized and directed to honor any transferral order signed by either the Treasurer-Finance, or the Town Manager, when such order tranfers funds from an account within said institution to either another account in the name of the Town within said institution, or to an account in the name of the Town of Pulaski, Virginia, in another financial institution. 3. (a) In order to facilitate the withdrawal of Town funds yet protect the interest of both the Town and the financial institution, the Town certifies the following signatures to said Bank: ~~~2 November 4, 1985 Name S/ Gary L. Cutlip S/ D. E. McKeever S/Gary C. Hancock S/Ruth A. Harrell. Title Town Treasurer Town Manager Mayor Clerk of Council (b) Sovran Bank/Bank of Virginia/Charter Federal and Bank of Speedwell is authorized and directed to honor and pay any checks, drafts, notes or order drawn against Town accounts when such instrument has been signed by any two of the above persons. 4. To clarify the desired handling of money received by the Town, Sovran Bank/Bank of Virginia/Charter Federal/Bank of Speedwell is instructed that any checks, drafts, notes or orders made payable to the Town of Pulaski, or to any of the above-named officers in their official capacity, are to be accepted for deposit only into an authorized account held in the name of the Town of Pulaski, notwithstanding the fact that such instrument may be endorsed by two of the above individuals. 5. This resolution shall continue. in force and said institution may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue as set forth in the certificate of the Clerk or accompanying a copy of this resolution when delivered to said institution or in any similar subsequent certificates, until written notice to the contrary is duly served on said institution. This resolution is effective upon adoption and is adopted November 4, 1985, by recordec vote of the Council. Mr. McKeever advised we had been issued an unsatisfactory rating on our LANDFILL Landfill Report. We have had a leachate collection system problem, some diversion REPORT ditch problems and both these situations have been corrected. The report states that we have a problem with covering our waste daily, and that we are receiving inadequate compaction. Mr. McKeever disagreed with the report and will go on record with the Department of Health disagreeing with the report as he believes we are receiving adequate compaction and covering the waste daily. Mr. McKeever advised the Treasurer's office was now on computer and July report. distributed. Auditors confirmed that the Burroughs machine was not adding correctly. Mr. McKeever requested an Executive Session on two legal matters under 2.1-344 (A6) and two personnel matters under 2.1-344 (A3). Councilman Neblett so moved that Council go into Executive Session, seconded by Councilman Neighbors and carried. At 5:18 p.m. Council went into Executive Session. At 6:05 p.m. Council returned to Regular Session on motion of Councilman Neblett, seconded by Councilman Glenn and carried. MAYOR Mayor Hancock stated in any attempt to clear up any questions which might HANCOCK exist regarding any potential conflict of interest between his serving as Mayor POTENTIAL CONFLICT of the Town of Pulaski and his law partner Thomas J. McCarthy serving as County OF INT. Attorney for Pulaski County, he had obtained an opinion from Everett P. Shockley, STATEMENT Commonwealth's Attorney for Pulaski County, pursuant to teh Virginia Comprehensive Conflict of Interest Act. He had also obtained an informal ethics opinion from Michael Rigsby, counsel for the Virginia State Bar, He stated he was pleased to .report that both opinions indicate that there is no conflict of interest with his serving as Mayor, and his law partner serving as County Attorney. He hoped that these opinions will serve to clear up any questions which may still exist in this regard. November 4, 1985 ~~~3 Mayor Hancock further stated the- only areas of potential conflict which can be foreseen involve those matters which might come before Council in which his law firm, or any of his law partners may have rendered legal advise. If such matters should come before Council, he will adequately disclose to Council and will not participate in any such matter. This should resolve any potential conflict questions. At 6:08 p.m., Councilman Neblett made a motion that Council adjourn, seconded by Councilman Neighbors and carried. APP~OVED: Mayor. ATTEST: Acting Clerk of Council 1