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HomeMy WebLinkAbout03-16-99Minutes of the Town Council meeting held March 16, 1999 at 5:00 p.m. in the Council Chambers of the Municipal Building. There were present: John A. Johnston, Mayor Council Members: James M. Neblett, Lane R. Penn, Jeffrey S. Worrell, W. Edgar Hale, Joseph L. Weddle, Pauline G. Mitchell, Charles W. Stewart Absent/Excused: Bettye H. Steger Also Present: Thomas M. Combiths, Town Manager David N. Quesenberry, Asst. to the Town Manager Lee Chitwood, Town Attorney Sherry Boyd-Neidigh, Finance Director Robert Dye, Economic Development Director Patricia Pendergrast, Clerk Visitors: Paul Pickett, Town auditor Dana Bishop Kim Burchette Sandy Younce Nikki Shank Terri Murray Trina Rupe Robert Gardner Claude Yelton Chip Hutchinson Jeff Hall Paul Dellinger J. R. Schrader The meeting was called to order at 5:00 p.m. Councilman Weddle led the Pledge of Allegiance and Councilman Penn gave the Invocation. After roll call, Councilman Weddle requested that first item on agenda under Finance Committee Report be moved to the last item, as Mr. Pickett, Town Auditor would be arriving late. First item on agenda was presentation of Resolutions 99-11 and 99-12, honoring Claude F. Yelton and Robert Gardner, Jr. for their service on the Town’s Public Safety Committee. Mayor Johnston recognized the public service of Mr. Yelton and Mr. Gardner on the Public Safety Committee and expressed the Town’s gratitude and appreciation and thanked them for their service. Next, Consent Agenda, consisting of the March 2, 1999 minutes was approved on motion by Councilman Penn, seconded by Councilman Worrell and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Absent Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye Finance Committee Chairman Weddle advised that next on the revised agenda was a report from Finance Director Sherry Boyd-Neidigh on collection of delinquent real estate taxes and BPOL taxes. Mrs. Boyd-Neidigh advised that a recent search identified 62 businesses out of 510, that are not currently paying Business License Tax. The Town Attorney is researching the length of time that these taxes can be collected. When that research is complete, the next course of action will be sending a letter by certified mail to each business advising them of their delinquency and collection information. Mrs. Boyd-Neidigh also advised that the Finance Department would like to solicit bids from collection agencies and law firms with experience in collecting delinquent property taxes. As of 12-11-98, $678,610.77 in outstanding delinquent property taxes, including penalty and interest, were on the Town’s books. Council will be provided with a report before any action is taken on these bids. Councilman Weddle made a motion to allow Mrs. Boyd-Neidigh to solicit bids for assistance in collecting delinquent property taxes, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Absent Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye Next item on agenda was a report on the Community Development Block Grant program. Mr. Combiths advised that the Town is still awaiting a final decision on its Appalachian Regional Commission application for grant funding for the Case Knife Water System. Should this application not be approved by the Governor, the Town would need to identify additional funding for these Case Knife improvements. Staff suggests that an updated application be submitted to this grant program for Case Knife Road improvements, depending on timing of grant funding. A public hearing before Council would have to be held, prior to submission of this application to State Department of Housing and Community Development (HCD). Councilman Weddle inquired whether we could be penalized if we begin the project before the grant is approved. Mr. Combiths replied that further research would be conducted with HCD before the public hearing. Next item on agenda was Resolution 99-14, regarding food tax relief bill (HB 1601). Mrs. Boyd-Neidigh advised that House Bill 1601, as currently written, repeals two-cents of the state sales tax on food, but also prevents localities from levying the meals tax on food that meets the definition of “food for home consumption”, as defined in the Food Stamp Act. This bill would cause a loss in revenues to the Town of approximately 4 ½ percent. Resolution 99-14 requests that Governor Jim Gilmore amend HB 1601 to strike all references to the local meals tax. After discussion, Councilman Weddle made a motion to adopt Resolution 99-14, with the addition of the phrase “by 4 ½ percent” in the 3rd paragraph, at the end of the last sentence, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Absent Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye Councilman Hale arrived at the meeting at 6:00 p.m. Finance Chairman Weddle requested that report on Town/County tax collections be presented later in the Council meeting as Mr. Pickett, Town Auditor was not in attendance. Utilities Chairman Neblett did not have a Utilities Committee report. He did, however, advise that Peppers Ferry Wastewater Treatment Authority met. The Authority is compiling a list of items that will need to be replaced or upgraded in the future for which the Town will be partially responsible. Staff was asked to consider these facts when producing the budget. Finance Chairman Weddle advised that Town Auditor Paul Pickett had arrived and was ready to present a report on Town/County joint tax collections. Mr. Combiths reviewed with Council that during the 1997 organizational audit conducted by Municipal Advisors, it was suggested that the Town consider a joint tax-billing program with Pulaski County. For the last 12 months, Town and County staff have been meeting together to analyze the potential to combine real estate tax billing and collections, (including the possibility of future personal property tax and decal collections), that could be administered by Pulaski County. The Town would set up a PSA account within the Town’s books to collect garbage payments as part of the Town’s water and sewer collections. Council was provided with a report outlining the issues regarding this potential agreement. Staff recommends that the Town/County conduct on an experimental basis, a joint tax billing/collection and PSA garbage billing program with Pulaski County for a 6 month to one year period of time, with the assumption that possibly the County PSA will pick up costs for such an experiment. At the end of this experimental phase, a final decision can be considered regarding a permanent arrangement. Mrs. Boyd-Neidigh advised that the earliest date to implement this program would be April/May of 2000 for tax billing and July 1, 2000 for the PSA billing. Councilman Stewart advised as a matter of historical accuracy, that this program was not put forth by Municipal Advisors, but by himself. He advised that he met with the Commissioner of Revenue, County Treasurer and County Administrator in 1996. Discussion ensued, but at that time no action was taken. Municipal Advisors picked up on this same program in 1997. Mr. Stewart still feels that it is a good idea and that it would give a lot of relief to the taxpayers of the Town. Councilwoman Mitchell advised that this program would require all water bill customers to also be PSA customers, which should help with trash nuisances. Discussion ensued regarding possible problems with billing, including late payment of bills, partial payment of bills, pro-rating payments, etc.). Additionally, Council questioned whether there would be any personnel changes involved with this program. Mrs. Boyd-Neidigh opined that additional staff might have to be hired to address the additional flow of customer calls resulting from this action. Councilwoman Mitchell stated that she thought there would be a reduction in staff, not an increase. Mrs. Boyd-Neidigh advised that her staff would still be handling the delinquent accounts for real estate collection, and the personal property tax collection, in addition to the increased customer service calls expected. Mayor Johnston commented that he thinks this program is a good idea, but that he thinks Council is fooling itself if they think this project can be implemented without more manpower. Mr. Pickett reviewed several concerns and questions, which he said could probably be worked out, but need to be addressed before finalizing this program, including the legality of some of the proposals. Mr. Chitwood, Town Attorney will review these questions. After extensive discussion, Councilman Weddle made a motion for staff to proceed with the Joint Tax Program with Pulaski County for a year, as outlined in the staff report dated 3-16-99, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye Operations Committee Chairman Penn advised that the Engineering Department has continued its study of Bob White Boulevard and has reviewed the current speed limit on Bob White. Staff recommendation is to lower the speed limit from 45 mph to 35 mph. Previous safe speed studies indicated the road geometrics will handle the higher speed limit, however, there are other contributing factors that justify lowering the speed limit. Council members were assured that the speed limit would not be enforced without motorists being made aware of the change. Councilman Stewart advised that the lane markings at Bob White Boulevard, Monte Vista and Memorial Drive appear to be confusing motorists. He told of a near head-on accident where one car was traveling in a turn lane as the other vehicle was waiting to turn. Staff will review this area. After discussion, Councilman Weddle made a motion to reduce the speed limit on Bob White Boulevard from 45 mph to 35 mph, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye Next item on agenda was Resolution 99-13, supporting partnership with New Enterprise Fund of VMH, Inc. to provide Microenterprise services. Robert Dye, Economic Development Director advised Council that approval of this Resolution would allow a partnership effective July 1, 1999, between the Pulaski Venture Fund and the New Enterprises Fund to provide services to the entrepreneurs in the entire New River Valley rather than just the Town of Pulaski. Approval of the partnership would provide for a $7,500 annual allocation from the CDBG (through NEF) to the Town of Pulaski, elimination of higher risk small business start-up loans and associated loan-servicing expense. The three partners would be the Town of Pulaski, the New Enterprise Fund and the Town of Narrows. The New Enterprise Fund will handle the loan funding and closings. After discussion, Councilman Penn made a motion to adopt Resolution 99-13, supporting partnership with New Enterprise Fund of VMH, Inc. to provide Microenterprise Services, seconded by Councilman Worrell and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye Next item on agenda, was discussion of an ordinance for the regulation of yard sales. Councilman Worrell, in the absence of Chairwoman Steger, reviewed the proposed yard sale ordinance. After discussion, it was agreed: 1. That all yard sales would require a permit from the Town, however, there would be no fee for this permit. 2. Permits shall be obtained from the Building Inspection office and shall be conspicuously displayed at the location of the sale. 3. No more than two (2) yard sales per year, to be held no longer than two (2) consecutive days, beginning no earlier than 7:00 a.m. and ending no later than 5:00 p.m. 4. Signs for yard sales shall be temporary, non-illuminated, and limited to four square feet in area. Signs shall not be attached to any fence, cliff, tree, utility pole, radio/television or similar tower, nor obstruct visibility, and must be removed within 24 hours of the sale. The name and address of the person having the sale must be on the sign. 5. Violation of this ordinance is punishable by not less than $10 and not more than $250. After additional discussion, Councilman Worrell made a motion to schedule a Public Hearing to discuss the yard sale ordinance, for the April 6, 1999 meeting, seconded by Councilman Stewart and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye Mayor Johnston advised that Chip Hutchinson, of the Fire Department recently received the Terry Griffith Award. This award is presented once a year to an “Outstanding Instructor”. It was presented to Chip Hutchinson for “dedicated service and instructional support, by the New River Valley Criminal Justice Training Academy”. Mayor Johnston and Council thanked Mr. Hutchinson for his service. Next, Mayor Johnston recognized the RSVP volunteers for their assistance with the Town Newsletter. He noted that they are a vital part of this effort. Mayor Johnston reminded Council that the next town sponsored Joint Government meeting is scheduled for March 30, 1999 at 7:00 p.m. at Calfee Park. He advised Council that if they have any suggestions for this agenda, to contact Town Manager’s office. Lee Chitwood, Town Attorney, updated Council regarding the ongoing Coca-Cola litigation. Coca-Cola thinks that vending machines should not be taxed by the locality because they are part of the manufacturing process. Botetourt County has sent a letter requesting that localities make a donation toward attorney fees. After discussion, staff was requested to bring additional information to the next Council meeting for disposition. Tom Combiths, Town Manager, advised: That the contractor for the Corps of Engineers for the flood management study of Peak Creek was in Town doing some preliminary work. Staff reminded him of the effort to bring the New River Trail into Town as well. A plan for Main Street sidewalk repairs/replacement as well as a master gardener plan will be provided to Council at the next Council meeting. Bids are going out for the Town’s Property and Casualty Insurance Program. Regarding nuisance abatements: At corner of Randolph Ave. and 4th Street is under new ownership, with improvements scheduled to be made. Bids being requested to clear non-compliant lots. Fourth Street and Newbern Road is currently being reviewed by Town Attorney. State Legislature has strengthened the laws regarding blight and dilapidated buildings. Information has been forwarded to the Town Attorney. Mayor Johnston commended the Public Works department for their excellent work in snow removal. At 6:40 p.m., Council entered into Executive Session on 2.1-344 (A3), acquisition or use of real property for public purpose, on motion by Councilman Neblett, seconded by Council Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye At 6:46 p.m., Council returned to open session and adopted Certification Resolution on motion by Councilman Weddle, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Absent Charles W. Stewart, Jr. - Aye There being no further business, at 6:47 p.m. meeting adjourned on motion by Councilman Neblett, seconded by Councilman Penn and carried.