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HomeMy WebLinkAbout06-20-02Minutes of the special Town Council meeting held June 20, 2002 at 5:00 p.m. in the Council Chambers in the Municipal Building. There were present: Bettye H. Steger, Vice-Mayor Council Members: Jeffrey S. Worrell, Pauline G. Mitchell, Dan Talbert, Jr., E. G. Black, Jr., James M. Neblett, Jr., Kenneth M. Fleenor, Lane R. Penn Absent/Excused: Charles W. Stewart, Jr., Mayor Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney David Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director John White, Economic Development Director Patricia Cruise, Clerk of Council Others Present: John Bolen Candice Kamperin, Press Karen McConkey Press Tina Ratliff, Press Vice-Mayor Steger called the meeting to order at 5:00 p.m.. Councilman Penn led the Pledge of Allegiance and Councilman Talbert gave the Invocation. Following roll call, Vice-Mayor Steger advised that the first item on the agenda was a Public Hearing for the proposed FY 2002-03 Budget. Vice-Mayor Steger opened the Public Hearing for the proposed FY 2002-03 Budget, at 5:02 p.m. There being no comments from the public, the Hearing was closed. Vice-Mayor Steger then opened the Public Hearing for the Proposed increase of vehicle decal fee from $20 to $25. There being no comments from the public, the Hearing was closed. Vice-Mayor Steger requested a motion for Resolution 2002-19, regarding the 2002-03 budget. Mr. Hawley advised that there was a change to the last paragraph of Resolution 2002-19 and a new copy of the resolution had been provided to Council. He also advised that a budget summary for the 2002-03 budget revisions was in their packet. Councilman Penn requested that Ordinance 2002-10, the proposal for increasing the decal fees be discussed first, as they affect the budget. Council was in agreement with the request and modified the agenda to discuss the decal fee increase. Councilman Penn advised that he was opposed to raising the decal fees. He stated that it appears that the only reason the Town was raising the fees was because the County did. He advised that he didn’t like paying the decal tax to start with and felt that citizens are already taxed enough on personal property. He emphasized that every time the Town comes up short in its budget, it is passed on to the citizens rather than finding an alternative way to cover the shortage. Mrs. Mitchell commented that Councilman Penn was in the Finance meetings and inquired whether he knew of another way to balance the budget. Councilman Penn replied that this was the last topic that came up and he was not present at that meeting. He then continued his discussion asserting that decisions are made in committee meetings and come to Council under the assumption that they are going to be passed. He would prefer that a majority of items be discussed during Council meetings by Council as a whole. Councilman Talbert asked Ms. Boyd whether the increase on the line item for the motor vehicle tax was directly related to the $5 increase in the decal tax? Ms. Boyd replied that it was. Mr. Hawley fielded several other general questions from Council, related to the budget. There being no further comments from Council, Councilman Penn moved to reject Ordinance 2002-10, to increase the Town vehicle decal fee from twenty dollars to twenty-five dollars. The motion failed for lack of a second. Councilman Neblett then moved for adoption of Ordinance 2002-10, and was seconded by Councilman Fleenor. Councilperson Mitchell amended the motion to adopt Ordinance 2002-10, changing the recommendation from the Finance Committee to from the budget work session of Town Council. The motion was seconded by Councilwoman Steger, and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - No Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - No Councilman Neblett moved to adopt Ordinance 2002-10 as amended, increasing the Town vehicle decal fee from twenty dollars to twenty-five dollars. His motion was seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - No Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - No Next, Councilwoman Steger moved to adopt Resolution 2002-19, approving a budget, establishing appropriations and other related matters for the Town of Pulaski, Virginia for the fiscal year beginning July 1, 2002 and ending June 30, 2003, seconded by Councilman Black. Councilman Fleenor asked the Finance Director whether the potential liability from the Town Manager’s contract was reflected in the budget? Ms. Boyd responded that it was not. Councilman Talbert asked the Finance Director whether, at any time, the budget had reflected any liability on a contract on an employee? Ms. Boyd replied that it had not, other than the errors and omissions bond. Councilman Talbert added, but any termination of employment liability? Ms. Boyd again responded that it had not. Councilman Fleenor asked whether, to Ms. Boyd’s knowledge, there has ever been a contract like that? Ms. Boyd responded that her tenure with the Town has been short and she could not respond to the question. Councilman Fleenor then asked the same question of the Town Attorney. Mr. Eley responded that his tenure has been even shorter than Ms. Boyd’s, but that he has not seen another contract like this in the Town. Mr. Hawley added that there usually has been some type of payment in the contract for termination. Mr. Eley added that termination agreements are usual and customary. This particular contract contains the feature of a liquidated damage provision. Councilwoman Mitchell inquired whether that should be in the budget. Vice-Mayor Steger responded that it should not. Ms. Boyd responded that if it is Council’s intent. Mr. Hawley stated that if he thought there was a need to budget that money, it would be in the budget. He continued that he intended to handle the position of Town Manager to the best of his ability, to make things better for the Town of Pulaski if he could and that he could not recommend putting that in the budget, as that would be the same as saying that he was not going to do his job. Ms. Mitchell stated “But, John, if I get mad at you I’ll do all in my power to get rid of you.” Mr. Hawley requested that the Town Attorney caution Ms. Mitchell regarding the statement. Councilman Penn requested that Council move on to something else. Mr. Hawley continued to answer Dr. Fleenor’s question, if the situation arose, it would be dealt with as with any other emergency in the Town. Available revenue would be evaluated at that time to see if money could be saved somewhere else to offset the expense and if not, the Town would go to the unappropriated surplus. Councilman Talbert remarked that the procedure is no different than any other year when you have a contract and a potential termination of employment. There being no further discussion, Resolution 2002-19, approving the FY 2002-03 budget, was adopted on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - No E. G. Black, Jr. - Aye Lane R. Penn - No The next item on the agenda under Old Business was consideration of Ordinance 2002-08, taxation of substantially completed building. Mr. Hawley advised that this was the same ordinance that was included in the previous Council packet and previously discussed in the Ordinance committee. Councilman Black moved to adopt Ordinance 2002-08, Taxation of Substantially Completed Building, and was seconded by Councilman Fleenor. Councilman Talbert inquired what criteria would be used to determine substantially completed? Mr. Hawley advised that the Town would not act until receiving the assessment from the County, so the criteria would be set by the County. He advised that he would try to get a copy of the criteria from the County. Councilman Penn informed Council that the reason for implementing this assessment was to discourage builders from having a permit open for a long period of time and not completing the project, causing the County to lose tax revenue. He also advised that full assessment is not implemented until the building is occupied by the business or homeowner. Vice-Mayor Steger requested that the Town Manager do some research on the topic. Mr. Hawley agreed, noting that the Finance Department needs to be able to respond to the citizens inquiries on this topic. Town Attorney Eley advised that there was a pro-rated formula in the code, which is recited in the ordinance. Councilman Talbert commented that if a citizen is given a permit to occupy the house, then they should be paying taxes on it. There being no further discussion, Ordinance 2002-08, Taxation of Substantially Completed Building, carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - No Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - No Next, Council addressed Ordinance 2002-09, Abatement of Levies on Buildings Razed, Destroyed or Damaged by Fortuitous Happenings. Mr. Hawley advised that since Council has implemented the taxation of substantially completed buildings, an ordinance is needed to allow someone to recover part of the tax cost from removing a building. Councilman Black’s motion to adopt Ordinance 2002-09, was seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye Under other business, Council discussed closing the Town offices this year only on July 5, 2002. Mr. Hawley advised Council that the State, the County and the School Board have given the 5th of July as a holiday this year. Following discussion, Councilman Fleenor moved to close the Town offices this year only, on July 5, 2002, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Pauline G. Mitchell - Aye James M. Neblett, Jr. - Aye Daniel Talbert, Jr. - Aye Kenneth M. Fleenor - Aye E. G. Black, Jr. - Aye Lane R. Penn - Aye The last item on the agenda was discussion of the 5 Year Capital Improvement Plan. Mr. Hawley advised that in reviewing the Town Code, it was discovered that the 5 year C.I.P. should have been presented at the same time as the budget. Due to legal time constraints, the document will not be ready for the July 2, 2002 meeting. Staff opinion was that the budget is adopted effective July 1, 2002, and there is a 2 week period of time to deal with the Capital Improvement Plan after that date. Because the revised C.I.P. was not submitted with the budget, the Town must continue with the current C.I.P., and advertise and schedule a public hearing. At a later time, a revised C.I.P. can be discussed. There being no further business, Councilman Neblett moved to adjourn, seconded by Councilman Fleenor and so carried.