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HomeMy WebLinkAbout01-14-86~~.(~ January 14, 198 Minutes of the regular meeting of the Pulaski Town Council held January 14, 1986, 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, 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: Pierre Thomas and Dee Lindsey of the news media Philip M. Sadler Andy Morikawa, New River Community Action Vicki Futrell ' John Sowers The invocation was given by Councilman Glenn. Councilman Neblett moved that the minutes of the regular meeting of December 17, 1985, and minutes of special meetings of December 23, 1985, December 30, 1985, January 3, 1986, January 6, 1986, and January 7, 19$6, be approved as published, seconded by Councilman Neighbors and carried. Mayor Hancock expressed Council's sympathy to Councilman Johnston on the death of his Mother, and advised a contribution of $50.00 had been made to her Church in Marion. TRAFFIC & Mr. Philip Sadler addressed Council regarding the Traffic and Motor MOTOR VEH. ORDINANCE Vehicles Ordinance, Section 16.1-204, License Tax rates for buses. Ordinance now reads license tax shall be $5.00 plus 50C per hundred pounds of weight or fraction thereof, as determined by manufacturer's shipping weight, and such tax shall not be in lieu of any other license required under the provisions of the article. A church bus would come under this provision and for the bus owned by the Presbyterian Church, a license would cost eighty-some dollars. [1 He requested that Council make an exception to cover just church buses. Due to Mayor Hancock's relationship with Mr. Sadler, Vice Mayor Neighbors presided over this portion of Council meeting. Mr. Terwilliger advised an amendment could be put into the Ordinance. Councilman Crawford made a motion that this matter be referred to the Ordinance Committee for study and possible exemption for church buses, seconded by Councilman Boyd, and carried. Ms. Vicki Futrell introduced Mr. John Sowers and they stated they appreciated Council's support in development of the museum. Mayor Hancock advised he had written to Governor Baliles inviting him to our dedication of the museum and he also hopes to unveil plaque designating the Town of Pulaski a historical district at that time. UTILITIES COMMITTEE Chairman Johnston distributed Peppers Ferry progress reports and advised that Mr. Jones had been hired as head operator. POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS AND NOMINATING COMMITTEE Chairman Neblett made a motion that resolution be adopted reappointing Ben C. Tate and Roy D'Ardenne to the Town of Pulaski Planning Commission, seconded by Councilman Boyd and carried. January 14, 19$6 ~~~'~ RESOLUTION RESOLUTION WHEREAS, by prior Resolutions of the Pulaski Town Council, Ben C. Tage PLAN' and Ro D'Ardenne were a COMM. y ppointed to the Town of Pulaski Planning Commission with terms which expired on December 31, 1985, or until such time as their successors were appointed and qualified; and WHEREAS, said Ben C. Tate and Roy D'Ardenne have indicated to the Town Council that they would be willing to continue to serve on the Town of Pulaski Planning Commission; and, WHEREAS, the Town Council has found that both of these individuals have made an outstanding contribution to the Town of Pulask, and that the Town of Pulaski benefits from their presence on the Town Planning Commission; NOW, THEREFORE, be it RESOLVED by the Town of Pulaski sitting in Regular Session on January 14, 1986, that Ben C. Tate and Roy D'Ardenne be, and hereby are, reappointed as members of the Town of Pulaski Planning Commission with terms to expire on December 31, 1989, or at such time as their successors are appointed and qualified. This Resolution is effective upon adoption and is adopted this 14th day of January, 1986, by unanimous vote of the Town Council. LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd did not have a committee report, however, advised the Planning Commission is looking at the historical district and are also looking at the historical district ordinance. Mr. Terwilliger was rea„PCrPrI to vivo guidance is setting a historical district ordinance and the Planning Commission's responsibility. Mr. Terwilliger advised he would check statute and give letter to Planning Commission and Ordinance Committee. RECREATION AND PARKS COMMITTEE Chairman Neighbors had no report. FINANCE COMMITTEE Chairman Crawford had no report. ORDINANCE COMMITTEE Chairperson Copenhaver had no report. PUBLIC SAFETY COMMITTEE Chairman Aust had no report. MAYOR'S REPORT Mayor Hancock stated that Mrs. Morgan had advised there were two old wagon wheels buried at Gem City that have been donated to the museum. Town personnel will be utilized to move these wheels to the museum. UDAG Mayor Hancock advised we have had a tentative request for a UDAG grant. PUBLIC The individuals who were to be before our Council today could not be here and HEAR. they will be appearing before Council in the near future. He requested that we set a tentative date for public hearing on the application should it be made to Council. Councilman Johnston stated Council could hold a work session in between public hearings on the same date on Peppers Ferry planning with Mr. Phil Delano and Olver, Inc. Councilman Neblett made a motion that public hearings be set for Monday, January 27th at 5:00 p.m., and 7:00 p.m., seconded by Councilman Glenn and carried. REPORT OF TOWN ATTORNEY LITTER Mr. Terwilliger presented resolution confirming the transfer of litter GRANT MONEY control grant money to Pulaski County in the amount of $1,143.00 Councilman Neblett made a motion that reading of resolution be waived and resolution be adopted as presented, seconded by Councilman Crawford and carried. ~~~ January 14, 1986 RESOLUTION CONFIRMING THE TRANSFER OF LITTER CONTROL GRANT MONEY WHEREAS, the Town of Pulaski was a recipient of a Litter Control Grant from the Department of Conservation and Historic Resources, Division of Litter Control; and, WHEREAS, the Town of Pulaski and the County of Pulaski did join in their effort to promote a cleaner community; NOW, THEREFORE, be it RESOLVED by the Town Council of the Town of Pulaski sitting in Regular Session on the 14th day of January, 1986, that the transfer of $1,143.00 to the County of Pulaski, or such litter control agency as the County may direct, be and hereby is, confirmed and ratified. .The Town Manager is authorized to execute any documentation necessary for said transfer if the same has not already been done. This Resolution is effective upon adoption and is adopted this 14th day of January, 1986, by unanimous vote of the Town Counci. Mr. Terwilliger also presented resolution stating that auxilary police officers and volunteer fire fighters are not covered by workmen's compensation. Councilman Glenn made a motion that reading of resolution be waived and resolution be adopted, seconded by Councilperson Copenhaver, and carried. RESOLUTION AUXILARY POLICE OFFICERS & VOLUNTEER FIREFITHERS RESOLUTION TO STATE THAT AUXILARY POLICE OFFICERS AND VOLUNTEER FIRE FIGHTERS ARE NOT COVERED BY WORKMEN'S COMPENSATION WHEREAS, the inclusion of Auxilary Police Officers and Volunteer Fire Fighters in the Town of Pulaski Workmen's Compensation Program has not been required by Statute; and, WHEREAS, the To~?of Pulaski has never included said persons in their Workmen's Compensation Program and does not intend to so include them; and WHEREAS, the Town Council, by this Resolution, does not intend to change the existing status of said persons, but rather wishes to make the record clear as to their status; NOW, THEREFORE, be it RESOLVED by the Town Council of the Town of Pulaski, Virginia, setting in Regular Session on the 14th day of January, 1986, that Volunteer Firefighters, Volunteer Lifesaving and Rescue Squad Members and Auxilary and Reserve Police Officers of the Town of Pulaski, Virginia., shbll not be deemed to be employees of the Town for purposes of the Virginia Workmen's Compensation Act (Title 65.1 of the 1960 Code of Virginia, as amended) unless and until the Town Council places a written Resolution or Ordinance on record changing this status. This Resolution is effective upon adoption and is adopted by unanimous vote of the Town Council this 14th day of January, 1986. Mr. Terwilliger requested an Executive Session on several legal matters under 2.1-344 (A6). Mr. Terwilliger stated that to the best of his knowledge, Town Charter revisions were introduced in the General Assembly. Public hearing is s:heduled for Friday, January 17 and resolution will be prepared in advance of this hearing. Final copy of Charter will be provided to Council and copies made available for the public and news media. REPORT OF TOWN MANAGER Mr. McKeever stated information had been received from APCo and Olver, Inc. that temporary power would not be feasible for 4A pump station. Olver, Inc. listed two alternatives, which are 1) installing permanent power in February, 1986, at a monthly cost of approximately $450.00. This would allow testing of all equipment and the use of the heating system; 2) leave the pump station without power until October, 1986, or start-up time. This would necessitate running or buying portable heaters for the building. It would also require additional diesel fuel for testing and the remobilization of the electrical January 14, 1986 ~~~~ subcontractor. Olver, Inc. has recommended alternative No. 1 and the Town's Engineering Department concurs with Olver's recommendation. Cost would be approximately $500 more over an eight month period. Councilman Neblett so moved that the Town authorize permanent electrical power to pump station in February, 1986, seconded by Councilman Glenn. As Council need further information as to what Town was paying for and the usage of the permanent power, Mr. McKeever will request explanation and projection of what type of additional electrical cost we could expect in addition to the monthly user fee, and why it is more appropriate to go to permanent power now. Councilman Aust moved this subject be tabled until next meeting, seconded by Councilman Boyd and carried. CHAMBER OF Mr. McKeever stated the Executive Director of the Chamber of Commerce COMMERCE had requested an extension to their rental agreement for the year 1986 RENTAL AGREEMENT Councilman Neblett made a motion that the rental agreement be approved for $75.00 per month and the Town Manager be authorized to execute such agreement, seconded by Councilman Neighbors 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 - Aye Glen K. Aust - Aye Mr. McKeever advised that Mr. David Rundgren, Executive Director of the New River Valley Planning District Commission, had forwarded an amendment to the Planning District Commission's Charter which amends Article II allowing the additional elected official appointed to the Commission to serve a term of two years instead of one year. NRV PLAN. Councilman Aust made a motion that concurring resolution be adopted and DISTRICT it be forwarded to the Planning District Commission, seconded by Councilman COMM. Crawford and carried. (See next page for resolution) RESOL. Mr. McKeever advised the State Corporation Commission Hearing Officer had approved the closing of the Pulaski Norfolk and Western Railway Office and transferring this function to Radford. He further stated that an appeal must be filed within 15 days of January 6th. Further requirements for an appeal is that copy should be sent or delivered to all other participants in the hearing. Mr. Terwilliger to determine procedures for appeal and brim to January 17th meeting, and advise Council what other participants will do.Mr. McKeever stated that Council has previously approved the construction of the Raymond F. Ratcliffe Memorial Museum in the basement of the Municipal building. In order to adequately comply with the building code requirements, the Town will have to insure that all building and fire codes are met in doing the remodeling. An additional $4,000 will be needed to construct the museum to meet requirements. Ms. Futrell advised the museum had received $875 in donations, and they were seeking corporate donations. Security for the museum was also discussed. A $1,000 donation has previously been made to the museum by Council. Councilman Boyd made a motion that this be referred to the Finance Committee for their recommendation, seconded by Councilman Neblett. Finance Committee to meet prior to public hearing on January 17 to bring in their recommendation. Motion then carried. Councilman Johnston moved that a special council meeting also be scheduled for ~~~ January 14, 1986 Friday January 17, seconded by Councilman Glenn and carried. Mr. McKeever advised there is a proposed bill to amend purposes for which HIGHWAY highway maintenance funds can be used. The proposed bill would allow highway MAINT. FUNDS. maintenance funds to be used for preventative maintenance and for street improvements. Blacksburg has requested a resolution and Mr. McKeever recommended a resolution supporting the amendments be authorized and approved, and forwarded to our representatives in the General Assembly. The Virginia. Municipal League is taking this same position. Councilman Neblett made a motion that resolution supporting the amendments be authorized and approved, seconded by Councilman Neighbors and carried. Mr. McKeever, stated he had met with Mr. Dick Fisher, the municipal property, casualty, liability representative with Industrial Insurance Management Corp. and he recommended the proposed policy renewal from Continental be accepted. If approved, we would have to approve it under the Code of Virginia 11-41 under methods of procurement, section D; that we have determined that there is only one source. They are the only company that can, or will offer, sudden and accidental pollution liability insurance. No municipality has longterm protection. Mr. Fisher reviewed our present policies and his findings shared with Council. If they are retained as insurance consultant service, they. will examine our risks, our present coverages, and prepare a complete report for us as to how our coverages should be placed. They can also examine our employee health insurance. Mr. McKeever and Town Treasurer recommended that, 1) we accept Continental's additional increase for the year 1986, and 2) we retain Industrial Insurance Management Corp. as consultants to the Townfor three years at an annual fee of $4,000. This fee does not include any work on specifications and analysis of bids which would be billed upon completion of the work. CONTINENTAL Councilman Crawford made a motion that we continue our coverage with INS. Continental, under 11-41 (d), and Manager or Clerk issue a written notice in COVERAGE accordance with this section and place an advertisement of the action, seconded by Councilman Neblett 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 - Aye Glen K. Aust - Aye Councilman Neblett made a motion that we retain for the next three I INSURANCE CONSULTANT years, the services of Industrial Insurance Management Corp., seconded by Councilperson Copenhaver 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 Mr. McKeever also requested an Executive Session for a legal matter (A6) and a real estate matter (A2). Councilman Neighbors made a motion that Council go into Executive Session, seconded by Councilman Crawford and carried. At 5:08 p.m. Council went into Executive Session. LEGAL LANDMARK BUILDERS At 6:15 p.m. Council returned to Regular Session on motion made by Councilman Boyd, seconded by Councilman Neighbors, and carried. Councilman Crawford moved that Council authorize the expenditure of $3,000, Landmark Builders, in the suit versus the Town, and the $3,000 is to settle that suit, seconded by Councilman Neighbors and carried on the following recorded vote• 1 January 14, 1986 ~~~~ 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 INDUS. Councilman Crawford stated that the Town of Pulaski has $742,425 in Industrial REVENUE Revenue Bonds for the remainder of this year through October that apparantly Bonds we are not going to need, and so moved that we allocate $742,425 in Industrial Revenue Bonds to the County for their use, 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 COOL Mr. Terwilliger stated that on the Cool Springs Water and Sewer project SPRINGS PROD. that the Town of Pulaski, at the request of Fireman's Fund, waive liquidated damage provision of $100.00 per day from January 1 until February 29, 1986, conditioned upon the completion of the project by February 20, 19$6, and with the understanding in the event the project is not completed, that additional damages will also be pursued. Councilman Boyd so moved that liquidated damage provision be waived as stated by Mr. Terwilliger, 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 At 6:18 p.m., on motion made by Councilman Neblett, seconded by Councilman Boyd, and carried, Council adjourned. APPROJ~ED F Mayor ATTEST: '" ~/ ..J Cle k of the Council RESOLUTION Concurring with the Request of the New River Valley Planning District Commission's Recommended Charter Amendment WHEREAS, the New River Valley Planning District Commission has found it desirable to amend its charter to provide the "additional elected official" seat a two year term, and: WHEREAS, the Charter Agreement may be amended, supplemented or superseded by concurring resolutons from any combination of member governmental subdivisions whose aggregate representation of the COMMISSION constitutes a quorum. THEREFORE BE IT RESOLVED that the Town of Pulaski concurs with the Planning District Commission in its recommended Charter Amendment. Z'his Resolution is effective upon adoption and is adopted by unanimous vote of the Pulaski Town Council this 14th day of January, 1986.