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.
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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
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