Loading...
HomeMy WebLinkAbout03-15-83March 15, 1983 '7~D1 Minutes of the Regular Meeting of the Pulaski .Town Council held March 15, 1983, at 7:00 p.m. in .the Council Chambers of the Municipal Building, There were present: Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A, Johnston, Pauline G, Mitchell., Earl D, Cabaniss, C, E, Boyd, Jr., Andrew,L, Graham, Jr., Ira S, Crawford, Alma H. Holston, Glen K. Aust Also present: Garnett Moore, Town Attorney H, R, Coake, Town Manager Ruth A, Harrell, Clerk Visitors: Dee Lindsey .and George Shadroui of the news media Rodney Atkinson Vicki Futrell Five area citizens The invocation was given by Councilman Graham. The minutes of the Regular Meeting of March 1, 1983, were approved as recorded. As there were no comments from the public, Mayor Ratcliffe called for the Committee Regorts,of Councilmembers. NOMINATING COMMITTEE Chairman Johnston advised there are three vacancies on the Pulaski Re-development and Housing Authority and he proposed that Mr, Claud K. Kirkland, Mrs, Maria Penn, and Mr, Roy T, Rives be reappointed to serve on this Authority, There are two vacancies on the Beautification Committee but Nominating Committee is not prepared at this date to nominate these twa members, C 0 There is one term expiring on the Industrial Development .Authority in April and M Chairman Johnston nominated E, Ray Lemon to once again serve on this Authority. M I Chairman Johnston also proposed that Mr. Glen K, Aust, Chairman of the Safety T Committee, along with Police Chief Dan McKeever be appointed to the Board of Directors T for the New River Regional Criminal Justice Training Academy for 1983-84, E E Chairman Johnston so moved that Mr. Moore prepare a resolution appointing the above to Committee vacancies;. seconded by Councilperson Holston and carried on the V following recorded vote: A C John A, Johnston - Aye Andrew L, Graham, Jr. - Aye A Pauline G, Mitchell - Aye Ira S, Crawford - Aye N Earl D, Cabaniss - Aye Alma H, Holston - Aye C C. E. Boyd, Jr. - Aye Glen K, Aust - Aye I E POLLUTION AND SANITATION COMMITTEE S .Chairperson MitcYe].1 had no report, but would like iz~have a meeting of the Pollution and Sanitation .Committee on Thursday, March 17, 1983, at 5:00 p,m. RECREAT~DN COMMITTEE Chairman Cabaniss had no report. LAND APID BUILDING COMMITTEE Chairman Boyd advised that Land and Building Committee met on Thursday, March 10, 1983, to consider the following items: - According to Section 17-7 of the Town Code, we have notified the following property owners that structures located on their property are .a nuisance and request that the structures be repaired or removed. The decision to declare these structures a nuisance is based on being unsaf e, dangerous and a hearth tirazard: Property Owners: William M. McMillian Located: 14 6th St,, NW Jack Bane- 705 Ridge Ave, William Reed 1640 Randolph Ave.. ~~J2 March 15, 1983 The time limits given on the notices have passed where correction should have been made, .and we are now at the step in the process (Section 17-9) where Council can order the condition or nuisance abated, removed or obviated in such manner as may be prescribed by Council. Section 17-12 provides that from any adverse holding of the Council of the Town at a hearing as provided in this chapter, the owner or occupants requesting such a hearing shall have a right of review thereof by the Circuit Court of the County. The appeal shall be made within ten days, and a copy thereof served upon the Town Manager; and which may then be heard by the Judge of the Court upon its merits without further formal pleadings. The Committee would like to recommend that the supporting documents be referred to our Town Attorney, Mr. Moore, for review prior to any action that would order the condition or nuisance abated, removed or obviated in such manner as may be prescribed by Council. Chairman Boyd made a motion that we refer the matter of these three properties to Mr. Moore for legal opinion. Mr. Moore planned an Executive Session and asked Mr. Boyd to hold his motion. Mr. Boyd withdrew his motion until a later time. CAMPER Chairman Boyd further advised that the Planning Commission met March 14, AVE. 1983, and started the proceedings for the properties on Camper Avenue and this will be addressed at the next Planning Commission meeting on April 11, 1983 FINANCE COMMITTEE Chairman Graham had no report.. STREET COMMITTEE Chairman Crawford had no report. (PURCHASING PROCEDURE TAXI CAB RATES trucks Parking on Collins Dr. ORDINANCE COMMITTEE Chairperson Holston advised that Ordinance Committee met Tuesday, March 8, 1983, to consider the following items: 1. The Purchasing Ordinance - the committee reviewed the proposed purchasing policy to be used for purchases between $300 and $10,000. The original policy was for limits between $500 and $10,000 and the committee recommends Changing the limits to between $300 and $10,000. - It is proposed that we use this policy until such time that we are able to have a position of Purchasing Agent when we would change the policy and require a requisition for purchases and purchase orders for all purchases. 2. Councilperson Holston made a motion that minimum rates on taxi cab ;rates remain as they are and not eliminate the minimum rate, seconded by Councilman Aust and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell No Ira S._Crawf ord - Aye Earl D. Cabaniss -Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye 3. The committee also discussed truck parking on Collins. Drive. Mr. Coake advised that he had talked with Mr. Rodney Atkinson, 1532 Westwood Drive, owner of the trucks, concerning parking of trucks near the intersection of Westwood Drive and Collins Drive. Mr. Atkinson had stated that he parks these vehicles at this location for security reasons where he can watch them to eliminate theft and vandalism. The .trucks are parked at this loca- tion when they return from trips and usually remain in the custody of Mr. Atkinson until they are put back on the road. During the prior Council Meeting, it was indicated that Mr. Atkinson per- f ormed maintenance work on these vehicles while they were parked.. Mr. Atkinson had stated that there was no maintenance perf ormed on the trucks parked at this location other than checking the fluid levels and housekeeping items, .and maintenance work was perf ormed by a garage, Mr, Atkinson also indicated that all vehicles are properly licensed and registered. March 15, 1983 ~~~~ There was also some discussion about safety hazards from the trucks being parked at this location. _Mr. Atkinson was also informed of Section 16-32 of the Town Code which requires the vehicles to be parked headed in the direction in which it would be headed if it were moving in lawful traffic along the street. Mr. Atkinson was in attendance at Council Meeting and ,Councilman Boyd questioned him if trucks he is parking in this residential area, are beside, in front of, or behind his own personal property, or is it some else~s property? Mr. Atkinson showed Council pictures of the area illustrating where trucks are parked, in front of his property and adjacent to others. Councilperson Mitchell asked if this had been cleared with any of his neighbors, with Mr. Atkinson zeplying he had talked with Messrs. Powers and Rosenbaum and there was no problem. Councilman Graham felt that the community would be better served if trucks were parked at another location. Mr. Atkinson stated. that trucks were in on an average of once every three weeks and he had been asked by the Town (water. works) not to park on his street, but to park on Collins Drive since water lines and sewer lines ran down through this area. He was not aware of any problems in the neighborhood. Mr. Atkinson stated he is in the process of trying to find a secure location to park his trucks. Councilperson Holston stated that now that we have heard Mr. Atkinson's story, Council could look at this situation in a different light. Chairperson Holston advised that in November, 1980, the subject of Ward Lane was discussed. Mr. Coake stated that no conclusion had been reached. Chairperson Holston made a motion that we turn the Ward Lane situation back into the Street Committee, seconded by Councilman Aust and carried. ~~ Mayor Ratcliffe stated that to make Ward Lane one way, all the general traffic would be forced from Ridge Avenue and traffic would be forced to go across the school yard. This would put a tremendous. responsibility on the Town, and the School Board was unwilling to give Town permission to do it, and would not give the Town a deed to the street, We have worked with property owners on Ward Lane and there are telephone. poles in the way. If poles were removed and put on private property, there would be enought room to widen the street. Mayor Ratcliffe does not recommend that the street be made one way as he feels it is too. dangerous. .PUBLIC SAFETY COMMITTEE Chairman Aust stated that the Safety Committee had met on March 11, 1983. Chief Dan McKeever was in attendance at .this meeting, The percentage of most calls come in on Friday and Saturday on shift 3:00 p.m. to 11:00 p.m. He also stated that Chief McKeever made the comment that his personnel were very competent. Training of personnel has been started and Chief- McKeever_is working with his men to bring them to the level of any force in the State of Virginia and he is well ple aced with the progress they are showing. Some equipment-has been updated (one such as white cars), reporting skills have been changed, all reports are now made on the spot where some- thing happens in detail; department changed to a permanent shift for personnel, each man now is working the same location at all times (Chief McKeever wants his men to get acquainted with the people in different locations, he wants his men to know newspaper men, delivery men, etc.) Chairman Aust stated that-Chief McKeever felt the largest weakness in the Police Department was supervisi'on.~ Reorganization of the Police Department is planned for the future and no police- men have voluntarily left Town since December 1, 1982, to accept other employment. Councilman Boyd asked how the new police car was damaged with Mr. Coake advising it was whit and run, but. party had been caught. C Councilman Crawford made a motion that we call a special meeting-for Tuesday, 0 March 22, 1983, for the purpose. of discussing and voting~to allow the Consolidation N Agreement to go to referendum, seconded by Councilman Boyd. S 0 Considerable discussion followed this motion. L I Councilman Graham felt at this point and time,we have not had time to read it D and Council has not discussed it. He feels that we should use caution, get thoughts A in line and inf orm the people. This is the most important vote since the Town was T started. He feels we should have open forum's and public hearings and address issues I as to how the Town of Pulaski fits into. the entire scheme. He also feels it is pre- 0 mature to set a dAte tonight. N ~~~~~ March 15, 1983 Councilperson Holston stated she was in agreement with Mr. Graham. Councilman Crawford stated -that the Consolidation Agreement points out the earliest that we could have the ref erendum would be late June or early July. He f elt that we could hold any meetings or discussions, any public hearings, etc. within 105 days. He feels we are overlooking what our basic task is; that is to make a vote as to whether or not we are going to let the citizens of the Town of Pulaski vote for or against consolidation. He does feel that we need to talk with our people, educate them, give pros and cons of consolidation, but cannot understand why we,need more time to cast a vote as to whether or not to let people vote on it. Opportunities have been given to ask questions, to give in- put and to resolve problems. He also feels that we have verbally agreed to live within the time schedule that they gave us. Councilman Crawf ord further stated we had not held any special meetings and we did entrust our committee to do this study and we have met with them. Councilman Johnston!s interpretatiozi of our task is that we put forth a proposed contract or agreement bef ore the Town citizens that adequately represents the best interest of citizens, not.oniy for the, next year, but for the rest of the Town's existence. We have .asked a committee, headed by Mr. Wampler, to make recommendations as to what type of agreement or arrangement this would be. This committee has worked long and .hard,. and he feels. they have come up with some very excellent, basic, fundamental things that were needed in.a consolidation, but Councilman Johnston is not reedy to .say that the total agreement is in keeping with the Town's best interest. He feels bef ore we can make that decision, Council needs to`have full discussion with pros and cons as they see it and with Town Attorney. Most importantly, he feels that the. citizens of the Town need to be heard; they cannot be heard until they are aware of and have some knowledge of the contract .and what it means for Pulaski, not only 18 months from now,, but further in the future. .Citizens need to be informed because Councilman Johnston feels that once this Council votes to send this agreement to the Judge for a referendum decision, no longer can any changes or recommenda- tions, addendum or amendments be added to the agreement. He feels it would be wise for the Town of Pulaski, Town of Dublin, and County of Pulaski to look at the agreement and have discussions. If we could resolve questions, if we could make known before the public what is in total document, or what any addendum this council would make, and it happened to be bef ore March 28, that would be fine. He .thinks if it were after the 28th, it would have to be that way before he could feel comfortable with recommending or voting td send Consolidation Agreement to a Judge for recommendation to him in terms of a referendum. The time frames, as he understands it, can be met even if a two week period is not precisely followed. He appreciates the recommendations made by the committee concerning the time frame but feels they are acting within their .jurisdiction as simply making recommendations to the governing bodies who were charged with coming up with .an agreement and he feels that is their job. Councilman Boyd stated that many hours had been spent on the Consolidation Agreement for two years and have spent tax payers' dollars. Councilman Boyd also stated that we were going to take more a less a backseat and let others be ahead of us in making the decision. He feels that we were challenged when we met with the Committee to give them any Questions or concerns that we had.. Council man Boyd feels.c.omfortable that what the committee has presented is a workable agreement and they have given us a realistic goal of the 28th and if we vote to send it to referendum on the 22nd, there is still no .reason why, public hearings could riot be held and everybody's views be heard because that is not the deciding .factor. The deciding factor is the election day. when everybody has the right to vote their own conviction, for or against. Council's job is to vote to give these people this right. Councilman Boyd feels we need. to move forward with thin position.. Councilman Cabaniss stated it appears from the conversations, there may be some no votes and that he cannot understand. He .stated that we had spent tax payers' money to get study made, and experts tell us to consolidate. The committee has worked to get an agreement made and they have come up with a .solution that they think everyone can lfve with.. He cannot understand that we would not give the people a right to vote. Mayor Ratcliffe asked Mr. Moore "are we trying to work on the agreement and establish that and agrEe on it, or are we just saying we are not going to let the people do it. Aren't we trying to settle on the workdable agreement". Mr. Moore stated that we wanted to achieve that but we have to determine whether or not we have a workable agreement now. Mr. Moore further stated that it was legal as far as he has reviewed it. He has.reviewed it several times. They have written in a good many changes that he suggested and committee suggested. It is a legal agreement, whether it is an agreement that some of Council want March 15, 1983 ~~JS or whether it is not, he did not know. Mr, Moore also advised that unless Council could suggest and determine some changes, Council has to say yes or no in order to have two elections that will be dictated by the statute under which the contract is plus the statute in Title 24 on election. He stated we are not talking about just one el.ecfion, first the .ref erendum and then there is a requirement that we have tohave an election to elect our supervisors so many days prior to the general election and not more than so many days after the referendum. He stated you have to nominate people-for it and 'they must campaign. He does not feel if Council is interested in having anything that does go into effect this year, how we can keep from going ahead and moving forward as fast as we can. Mayor Ratcliffe advised it was stated in one of our meetings that regardless of the Consolidation Agreement, that the Council go ahead and pass a resolution asking the judge to go ahead and ask for a referendum. He asked Mr. Moore if this was in order. If Council could not agree on the agreement, that all we need to do is pass a resolution asking the judge to pass the referendum. Mr. Moore advised that'Council adopt the contracts., and by so doing, then Council asks for the referendum. Councilman Cabaniss stated he understood all three governing bodies have to agree or we don't have a referendum. ' Mayor Ratcliffe asked Mr. Moore if what we are dealing with, in his opinion, is the Consolidation Agreement. Mr. Moore answered-yes. Councilperson Mitchell asked Mr. Moore if we adopt this by the 28th as they are asking for, we have to put it in the paper once a week for four weeks. Mr. Moore advised that,Council had nothing to do with anything after it was adopted and sent to the'Court. Most of them are four consecutive weeks and then so many days after the last publication. Mrs. Mitchell stated on,the referendum, the minimum was 30 days from that, that you can hold the election. Mr. Moore stated that it was the time the judge enters the order is the time you count for determining `the days to the referendum. Judge enters an order directing what goes in the paper, how the election or referendum would be carried out. Councilperson Mitchell"stated that if people voted for it ''fine"; if they are well informed and still vote for consolidation, that is fine; if they are well informed and vote against it, that is still fine. Councilperson Mitchell will go any way the people want to go, but she feels the people in the Town should be well.inf ormed of what this contract is really all about. Councilperson Holston stated the Advisory Board has given us the date of the 28th to vote, They galve us two weeks to do what we wanted to do with this report and she saw'no reason to-change that to a week earlier, She stated they seem to think we were working .well under a time frame,. Mr. Moore stated that they have it set up if. we do 'it by the 28t~i, these other things can be kept on schedule, Councilman Graham feels it most important that Council try to have a contract that really protects our people in 'the Town of Pulaski. Once we .vote for a-referendum -there is no turning back in changing the agreement, He further stated that the Mayor should call some work sessions, have some public hearings and then proceed. He has no desire to disallow the people to vote, but feels we have an obligation to make sure we, as a Council;' do not rush this, He wants people to know exactly what they are voting on. Councilman Aust had no objection at all of going ahead at any time and giving the people a choice of putting this on a referendum. Then, after we take the vote to put it out, then if Council has any negative things about this report, which nothing negative at all has ever come out, but if they do, then it is time to send it to referendum. If Town Council doesn't do it, then it is their own fault. ' If there is something they want to bring out, and we do not do it, it is nobody's fault but the ones sitting on Council and we can blame ourselves for it. He is ready to go any- time. There are things he does not approve or or like, but he feels we can iron this out later. He further stated that we had from right now, if there is something we don't like, we think should. be negative,`or make it a non-selling. thing, then if we don't put it out there, it is our fault. Councilman Boyd stated that when we met with the committee, we ,brought concerns and they addressed those concerns and answered these items, and they are more than willing to do anything that any of the three jurisdictions want and it bothers him that people sit back and state they have all kinds of problems now with the plant. He stated we could have a public hearing anytime and their decision is election day. Our decision is that we must get'it in motion. Councilman Aust stated that we .would not be much of a council if we did not educate the people both ways, If there 'is something negative about the plan, put it out there and let them have it, r-' ~~~~ March 15, 1983 Councilman Cabaniss stated what was negative to others, might he positive to someone else. .~ .. Councilman Graham stated that the county wants to get more capacity at Peppers .Ferry; there are some concerns - we provide the recreation for the countyq~ Pulaski Fire Dept. is still going to provide fire protection to Pulaski Shire without being a county-wide system. He is concerned with Peppers Ferry. People do not realize that we are going to end up with two .supervisors and their future is going to be based on not by their our: representatives, but the majority of those in the county area. These are concerns that people should address, and he is concerned that how many years down the .road are.we going to keep our water systems separate., He believes our system is a modern system, but needs proper maintenance. How long are we going, to keep. our sewer system, how quick is our landfill going to be used up by .joint use, .how. much more is it going to cost the people of Pulaski shire. These things have to be d~SCUSSed. Agreement does not address the revenue. sharing; utility tax we are getting is about $250,000, and only about $78,000 is coming back. It doesn't address the sales tax. There are things in this that Council needs to sit down and address. Mr. Moore advised that many of these things that worry Mr. Graham are going to be made by the new Board of Supervisors. Some of the things are going to .run out; f or~example, the bondage indebtedness on water sys-tem. New bonds are going to have to be issued by the County. Councilman Boyd read from a letter he received from the nine representatives as follows: ~~We remain ready and willing., however,. to reconvene at your request to assist in any new assignments. delegated to ws in connection :with this. Consolidation Agreement". Respectfully submitted, this 14th. day of March, 1983. Councilman Boyd further stated that if .we do have these concerns and we are not that clear on them, he suggested that we follow this. He is sure that they are more than willing do do this. He further stated some of these things would rest in the hands of.the new government that is going to be coming in. Councilman Johnston. stated that the problem he had. is why some members of the ' ~'"'Council would have a problem with the discussion about the time table as being opposed to the 22nd, because it seems to him, that no one is arguing that we move back the date for the people's vote on this, whether it be June or July. He does- not feel anyone is suggesting this. He suggested that as the committee has suggested in what Mr. Boyd read, was that any new assignment ,in connection .with this consolidation plan, he does not understand`'w„„hat the.rush is to forever .seal this particular instrument. In other words, if Council, through a,work session or working with the Town Attorney, should find a~4.uggestion which could be material to this document, why we would want to seal this document by rec- ommending this particular plan. We are not recommending consolidation to the .judge to ,act upon, we are recommending this consolidation. He would .like to be better inf ormed through a meeting with our Attorney and through listening to some arguments by the Council.- He does not understand why anyone would oppose wanting to stretch this out beyond ..two weeks, three or any other kind of time. He does not understand what is so important or sealed into this instrument that makes it a hurry to do today, the 22nd, whenever without the proper "look at" by the elected representatives of the Town to see that this particular document represents the best interest of the Town citizens. Councilman Cabaniss stated that we had had kwo such sessions on this docu- ment. Fifty suggestions of the: Mayor were put into the committee with 25 being adopted . . Mayor Ratcliffe. stated that Council had. tried to dwell on the problem we had bef ore them. and there has been an honest. effort to try and have an agree- ment among the Council before we vote. It seems there is not any continuity at al'1 in the Council. The question at hand is whether or not we should move up the date of voting on this Consolidation Agreement, and it is his opinion that we are not trying to hold. anything from the.. people, but we are trying among Council to agree on this contract sp we .could join the other two muni- ~ipalities in unity in order to try. to .ask the Judge to set this ref erendum. He fails to see why we have to do it on the 22nd rather than closer to the 28th as has been suggested by the committee. Because of the lack of unity in the body, he thought it would be wrong to force an issue on it,. There is no endeavor on the part of Council~to keep it away from the people. We could not do it if we wanted to. In looking at the amendment, which says that if the Council does not pass on the agreement, then 59'0 of the citizens of Pulaski can petition and go to the Judge and the Judge will ask for the ref erendum anyhow. March 15, 1983 ~~~~ He further stated that some Council Members wanted more time and others feel they should shorten the time that has been requested by the committee. Councilman Aust made a substitute motion to amend the original motion that we move from the 22nd to the 28th, seconded by Councilperson Holston Councilman Graham stated that it was premature for us to set the date after all the dialogue that had gone on. We need to have work sessions and. Council can set that at any time. Councilperson Mitchell stated that with this substitute motion, she thinks we are a little out of hand. We had a motion whether we wanted to go the 22nd or not; they have asked for the 28th. She feels this is a little premature to make this decision until we have a few work sessions and see how we get our material together and get it to the people for their information. She further stated we represent the Town. Councilman Boyd advised that the Consolidation Agreement would be printed word for word in our newspapers for four consecutive weeks. Councilman Boyd did not understand what Councilperson Mitchell would be able to get to our people. Councilperson Mitchell stated she had several questions on this document that .were not satisfactorily answered to her. However, she did feel they were answered to the best of the knowledge of the three representatives. She wants the people of the, Town to make the decision and know what they are making the decision on. Councilman Johnston stated that after a meeting with Council and Town Attorney, this may be the best document we could recommend to the people. He feels that once we submit it to the judge for referendum, it will be the document and from then on, what we are talking abQUt is information,. and educational purposes before the public in explaining to them how it is going to be. His purpose in listening to the public prior to our recommending it to a referendum is not to merely inf orm the people but to give the people a chance to be involved in the process. The committee advised Council, as elected representatives, not to involve the people in this. He disagrees with this statement. He has faith that the. people in the Town of Pulaski can make some very intelligent judgments and while they may not put as much study in it as the Committee did,-and while they may not have the benefit of a great many municipal advisory type people, he would like to hear the people in terms of what they say and how they feel about this particular document, not whether they favor consolidation, or do not favor consolidation, how they feel about this particular. consolidation. If we wait and recommend it to a Judge to- night, on the 22nd, or the 28th, then we are sealing that as the official contract that we recommend. He feels it would be premature to set any date until we have had at least a meeting with our Town Attorney to go over some of the concerns and some of the questions. It is a very legal document .and he feels we need to have this opportunity. Councilman Crawford stated that this was the Consolidation Agreement. If we get into a process of changing it; Pulaski changed it, the County changed it, and Dublin changed it, we will never have a Consolidation Agreement. He thinks if we go forward with this and we educate the people and .let them m8ke a choice of whether or not they want it. He .did not understand why we would want to hold it up. Councilman Boyd stated that even if we go from the 22nd to the 28th, we have another week. If we can't meet with our Attorney and clear up any problems that we may have, then something is wrong. Mr: Boyd feels the Attorney is available at our request and he cannot see trying to delay this matter that we have considered for over two years. He feels the 28th is a realistic date. It is going to take 30 days or more just to ,educate people and work with them. He feels we have a workable agreement. He feels that if we change it, then it has to be approved again by Dublin, by the County and everybody else. If someone has a concern, it should have been addressed two weeks ago. Mayor Ratcliffe called for a vote on the substitute motion on the floor to change the dates from Mar. 22 to Mar: 28. Motion denied on the following recorded vote' John A. Johnston - No Andrew L. Graham, Jr. - No Pauline G. Mitchell - No Ira S. Crawford - No Earl D. Cabaniss - N® Alma H. Holston - Aye C. E. Boyd, Jr. - No Glen K. Aust - Aye r 4`~~ March 15, 1983 Councilman Crawf ord reintroduced his original motion and to call a special meeting for Tuesday night, March 22, 1983, for the purpose. of voting on Consolidation Agreement go to referendum; at 7:00 p.m. Original motion denied on the followi~tg recorded vote: John A. Johnston No. Andrew L. Graham, Jr. - No Pauline G. Mitchell - No Ira S. Crawf ord - Aye Earl D. Cabaniss - Aye .Alma H, Holston - No C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Mayor Ratcliffe - No Mayor Ratcliffe stated that we had committed ourselves and would try to have our business in shape by the 28th. in order and this is our endeavor. This is no reflection on the people themselves;. we are trying to come up with a good consoli- dated contract that all three municipalities can agree on. Councilman .Boyd stated that he had been inf ormed that a petition had been circulated in the Municipal Building stating objection to the consolidated form of government. Councilman Boyd feels this is out of order and he feels Mr. Coake should look into this immediately and if disciplinary procedures are needed,`he feels they should be implemented. He stated the Town is paying the people to do a job and we expect that job 'to be done, and that this petition should not be circu- lating while we are paying people to do a full time job. A'copy bf the petition was given to Mr. Coake .. .Councilman Boyd restated that he would like to see some disciplinary procedures taken on this. This should not be permited on company time. Mayor Ratcliffe agreed with this statement. Mayor Ratcliffe advised we had a letter from the Library Board and they are proceeding to build anew"addition with'grant'from C. E. Richardson Benevolent Foundation. They have requested the naming of the alleys serving this facility. Councilman Graham made a motion that we follow normal procedure and turn this matter over to the Planning Commission, seconded by Councilman Boyd end so carried. REPORT OF TOWN ATTORNEY REPOR Mr'. Coake advised that included in the budget for Water Transmission and Distribution, Account No. 183-3004, Repair and Maintenance, is $20,000 for painting the inside of the Ridge Avenue water tank. We have prepared specifications and contract documents and we received bids on February 25, 1983, for this project. Bids were submitted from Commercial & Industrial Painting Co., Pulaski, VA. for $14,695, Steel & Tank Service Co., Fort Mill, S.C. in the amount of $16,920, S. P., Terry Co., Richmond, VA. $18,449, Service Contracting of Va., Inc., Christiansburg, VA $19",430; Service Enterprise,~Evansville, IN., $22,521, John Robinson; Winchester, VA $26,.450. Low bidder was Commercial & Industrial Painting Co., Pula ki. Commercial & Industrial Painting Co. has submitted a bid bond in the amount of 5% of his bid and Mr. Coake recommended that tae award the contract for painting the Ridge Avenue water tank to Commercial & Industrial Painting Co., in the amount of $14,695. Mr. Coake further advised that the completion date is June 1, 1983 and there is a penalty of`$100/day if this time is exceeded. Mr. Coake also advised that indus- tries would be advised of this project. Councilpersori Holston moved to award painting contract in the amount of $14,Er95 for painting~Ridge Avenue water tank to Commercial & Industrial Painting Co., and Mayor Ratcliffe 'be authorized to sign a contract for this .project, seconded by Coun- cilman Graham, and carried on the following recorded vote: Mr. Moore requested an Executive Session on legal matters. T OF TOWN MANAGER John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell -Aye Ira S. Crawf ord - Aye Earl,D. Cabaniss - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K: Aust - Aye Mayor Ratcliffe welcomed Mr. Stafford, working on his Boy Scout Eagle Badge. Councilman Graham made a motion that Council go into.Executive Session on legal matter involving Purchasing Agreement, one litigation matter and possibly one other,. litigation matter, in accordance with Section 2.1-344"of"the Code of Virginia, seconded by Councilperson Holston and carried. At 8:40 p.m. Council went into Executive Session At 9:35 p.m. Council returned from Executive Session PEPPER' S FERRY ~~~ C resolution March 15, 1983 tr:J~ Councilman Johnston made a motion that we adopt the resolution presented in ref erence to the Town of Pulaski guaranteeing a portion of new loan to be made by the Peppers Ferry Wastewater Facility, seconded by Councilperson Mitchell and carried on the following recorded vote: PEPPERS John A. Johnston - Aye Andrew L. Graham, Jr. - Aye FERRY Pauline G. Mitchell -Aye Ira S. Crawford - Aye RESOLUTION Earl D. Cabaniss - Aye Alma H. Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Resolution WHEREAS, the Council of the City of Radford, the Council of the Town of Pulaski, the Council of the Town of Dublin, the Board of Supervisors~of Mont- gomery County, the Board of Supervisors of Pulaski County, the Montogomery Councy Public Service Authority, the Pulaski County Public Service Authority, and the Pulaski County Sewerage Authority agree that the health and saf ety of the residents within their boundaries require that safe and reliable wastewater treatment be provided; and WHEREAS, the Pepper's Ferry Regional Wastewater Treatment Authority (Pepper's Ferry) has been created to meet those needs; and WHEREAS, Pepper's Ferry has undertaken to provide a wastewater treatment project and has incurred and will continue to incur certain costs related. to the prelimina$r design and feasibility study of the proposed project and now proposes to issue its notes in the amount of $2,100,000 to refund notes issued to pay for all costs associated with the planning and design of the project; and WHEREAS, it is anticipated that, on or before June 30, 1985, Pepper's Ferry will have funds in hand from grants, sale of bonds or notes, or otherwise, to retire the note or notes it now proposes to issue in the aggregate principal amount not exceeding $2,100,000;. and WHEREAS,-.the City of Radf ord, Town of Dublin and Town of Pulaski have agreed to guarantee proportionate amounts of principal of and interest on the presently proposed note issue in an aggregate principal amount not to exceed $2,100,-000, which amounts when 'added together will fu1Ly guarantee principal of and interest on said proposed note issue; and WHEREAS, the project will benefit all of the members of Pepper's Ferry. t, NOW, THEREFORE; BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF PUTA'S&I, VIRGINIA: 1. The Town of Pulaski hereby guarantees 54,88495% of the. principal of and interest on the-..notes proposed to be issued by Pepper's Ferry up to an aggregate principal amount not to exceed $2,100,000. 2. The Town of Pulaski hereby agrees that if Pepper's Ferry has not issued and sold its bonds or notes or otherwise acquired funds in an amount sufficient to retire the $2,100,000 Pepper's Ferry notes presently proposed on or before June 30, 1985, the Town of Pulaski-, upon not less than thirty (30) days written notice, will provide funds to Pepper's Ferry sufficient to retire 54.88495% of the principal of and interest on such notes. 3. This resolution shall take effect upon the adoption of similar resolutions by the Councils of the City of Radford and the Town of Dublin agreeing to guarantee proportionate amounts of the principal of and interest on the $2,100,000 Pepper's Ferry notes, which resolutions when considered together with this resolution will fully guarantee all principal of and interest on such notes. 4, .Certified copies of this resolution shall be delivered to Peppers Ferry and its financial agent as may be required to evidence this guarantee by the Town of Pulaski. Councilperson Holston made a motion that the resolution establishing the guidelines for Purchases by the Town from 0 to $10,000 and providing for emergency spending and certain other general provisions be adopted, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye. .Andrew L. Graham - Aye Pauline G. Mitchell - Aye. Ira S . Crawford - ,Aye Earl D. Cabaniss. - Aye Alma H, Holston - Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye t ~ J~ public Procurement March 15, 1983 RESOLUTION WHEREAS, by Resolution adopted on the 4th day of Janu~y, 1983, the Town of Pulaski, Virginia., adopted the competitive principles, together with all mandatory provisions of the Virginia Public Procurement Act as set out in Title 11 of the Code of Virginia of 1950, as amended, and did appoint ,the Town Manager as the principal public purchasing official of the Town of Pulaski, but did not include therein details for the purchase of materials and services estimated to be $.10,000.00 or less; and WHEREAS, the Town of Pulaski finds that it is necessary to establish guide- lines and procedure for purchases of materials and services of not less than $300.00 nor more than $10,000.00, and for purchases of materials and services less than $300.00;. and providing f or-emergency purchases and certain general guidelines; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, VA meeting in Regular Session on this 15th day of March, 1983, that: 1. Purchases less than $300.00 (a) Except in emergencies, purchases or expenses of less than $300 for a using department may be authorized or approved by the head of the department for use of the department without first submitting a requisition or obtaining a purchase order as provided $or in Sec. 2 hereof. (b) Multiple .small purchases of the same item shall not be made for the purpose of circumventing the $300.00 limit. 2. Purchases in excess of $300.00, but less than $10,000.00 (a) Purchase of commodities of services of any kind in excess of $300.00 will not be initiated other than obtaining quotations until such time as a purchase order has been issued from the office of the Town Manager. (b) When the purchase of supplies, materials, equipment or contractual services cost $300..00 or more, but less than $10,000.00, a department head shall submit a purchase requisition to the Town Manager-and obtain a purchase order prior to making the purchase. The purchase requisition must include at least two (2) written quotations from suppliers. The Town Manager shall determine which quotation to be selected, and shall so state in the purchase order. In determining the quotation to be accepted, the Town Manager shall use the same criteria. used in selecting the best bid in formal Seal Bid procedure set out in the Resolution adopted by Council on January 4, 1983, which by ref erence adopted the mandatory provisions and procedure of the "Public .Procurement Act." (c) The distribution of copies of requisitions for .purchase under this section shall be: Pink - Town Manager's Office Green - Department's File Copy Yellow - Treasurer's Office 3. Purchases and Contracts over $10,000.00 (a) All purchases of supplies, materials, equipment, or contractual services that exceed the sum of $10,000 shall be made on the basis of competitive sealed bidding. (b) The Town Manager may require competitive sealed bidding on purchases between $300.00 and $10,000 if it is in the best interests of the Town. (c) No person shall make any commitments for commodities or services of any kind which is in excess of $300.00 until a purchase order is issued. Distri- bution of copies of purchase order: White - Vendor's copy Green - Department's File Copy Yellow - Finance Department Pink - Town Manager's Office 4. Emergencies u I u In case of emergency - and only in such cases - an exception to the policies herein set out may be made. An emergency. shall be deemed to .exist when a break- down of machinery or equipment and/or a threatened termination of essential services r ~* March 15, 1983 ~c~ ~1 or a dangerous condition develops, or when any unforeseen circumstances arise causing curtailment or diminution of an essential service or when materials or services are needed to prevent loss of life or property. The department placing the emergency order must assume the responsibility of immediately following up the verbal order with a requisition for purchase marked "emergency" and shall show the department and department head which made the purchase. 5. Consolidated Purchases All departments shall consolidate purchases wherever possible to obtain maximum economical benefits. 6. Receiving Report A receiving report shall be sumitted by the department head or equipment and storage clerk to the Town Manager's Office for all purchases of supplies, materials, or contractual services received by the Town. The report shall show the Department Head who ordered the purchases or services, and the using department. Distribution of copies of receiving report: Pink - Town Managers Office Green - Department's file copy Yellow - Treasurer's Office 7. Changes in Purchase Orders If it is necessary to make a change in a purchase order once it is issued, the department head shall submit a new requisition for purchase and shall show the previous requisition for purchase and purchase order number. The new requisition shall indicate the change and its necessity with a request to void the previous requisition for purchase order. - 8. Professional Services, etc. At the discretion of the Town Manager, purchase orders may not be required for payment of services received by the Town for professional services, public utilities, or other services rendered to the Town on a continuing basis except as required by the Purchasing Ordinance. - 9.~ Acceptance of Gifts, etc. Acceptance of gifts or entertainment at any time is prohibited as outlined in the Purchasing Ordinance. Employee must not become obligated to any suppliers, and shall not conclude any town transactions for which they may personally benefit. This resolution shall become effective upon adoption. ADOPTED this 15th day of March, 1983, by recorded vote of Council Councilman Graham made a motion that the sume of $2,250 be appropriated from Water Fund Unappropriated Surplus to Account No. 181-3002 Professional Services to settle litigation between Whitt and Town of Pulaski employee, Leroy Early, seconded by Councilman Aust and carried on the following recorded vote: John A. Johnston - Aye Pauline G. Mitchell - Aye Earl D. Cabaniss - Aye C. E. Boyd, Jr. - Aye Andrew L, Graham, Jr. - Aye Ira S. Crawford - Aye Alma H, Holston - Aye Glen K. Aust - Aye Councilman Boyd suggested a special council meeting be scheduled to work on Constilidation Agreements Mayor Ratcliffe scheduled this meeting for Tuesday night, March 22, 1983, at 7:00 p.m. At 9:45 p.m. Councilman Aust'made motion to adjourn,~seconded by Councilman Boyd and carried. APP VED: ' ~_~ ~~ y r Ratcliffe ATTEST: ~G:~.C ~ ~~t~ ~Gt~L~f