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HomeMy WebLinkAbout06-23-2011 1 1 Minutes of the Pulaski Town Council Work Session held at 5:00 p.m., June 23, 2020 in the Council Chambers of the Town Municipal Building at 42 First Street, N.W. In attendance were: Mayor: David L. Clark, presiding Councilmen Present: Gregory C. East; Joseph K. Goodman, Lane R. Penn; James A. Radcliffe Councilmen Absent: G. Tyler Clontz; Brooks R. Dawson Administration: Shawn M. Utt, Town Manager Staff: David Quesenberry, Clerk of Council Others Present Shannon Collins Jeremy Cox Sherri Gallagher Earl Hagee Jessica McKinney Britany Rasmussen Michael Reis 1. Call to Order Mayor Clark called the meeting to order at 5:00 p.m. 2. Roll Call The roll of Council was then called. Present were: Mayor David L. Clark; Gregory C. East; Joseph K. Goodman; Lane R. Penn and James A. Radcliffe. Absent for Roll Call was G. Tyler Clontz and Brooks R. Dawson. Four members of Council were present which constituted a quorum for the conduct of business. 3. Recognition of Guests and Visitors Mayor Clark remarked that it felt different to recognize the guests present, since it would be the last time he would say that to Mr. Collins (Mayor -Elect). 4. Modification of the Agenda No modifications were made to the agenda. 5. Closed Session Under Virginia Code 2.2-3711 (A) 1 and (A) 8 Mayor Clark then requested a motion to enter Closed Session for six items as follows: • Two items under Va. Code 2.2-3711 (A)1 --personnel matter regarding the Town Manager's position and the Building Officials Appeal; and, • Four items under Va. Code 2.2-3711 (A) 8 —consultation with legal counsel concerning: Review of Information Technology Services Agreement with Pulaski County; Review of Building Code Enforcement Agreement with Pulaski County; and, Town Manager Separation Agreement; and, a UDAG loan review. Mr. Goodman said before he made a motion he did have one question. He said the Building Official did request that their appeal be made public not in closed session. He did not know how the rest of Council felt about that request. Mr. East said he had no objections to that. Mr. Penn said it was fine with him. Mr. Rygas said, "What prevents it from being in closed session, it is a matter that would otherwise be done .. / guess you would have to do it as a modification . / think there is a component of it perhaps Page 1 of 3/June 23, 2020 that you may want to go ahead and have because of the motion he has made in Closed Session. We could talk about the parameters perhaps and then if there are elements that needed to be public .. " Mayor Clark responded "However you want to do it" Mayor Clark said'at this point the Council had to decide to do the motion as it was or change accordingly. Mr. Utt said that one item on the agenda "Action from Closed Session"... that part he guessed could. always include discussion of the building official appeal so you would not have to amend the agenda, but that would be after the closed session's portions. He noted there were five other items on the agenda for closed session portion, which he felt would not take too long. Mr.East asked if Mr. Utt if he was saying to have the closed session items with the exception of the building official's. Mr. Utt responded if that was Council's decision. Mr. Goodman ventured that staff could advise Council in Closed Session on that particular subject matter. What could be done he continued was to proceed with the Closed Session as proposed, with the understanding that the formal appeal itself would be made in formal session, when we return, under "Action from Closed Session". Mr. Utt added that way there would be no worries on amending the agenda. Mr. East then said that Council would then hold the comments until after the Closed Session and the public comments after the Closed Session. Mr. Utt said there was no public comment section, to which Mr. East clarified the Building Official comments. Mr. Goodman added the comments would be for the Building Official's formal appeal. Mr. Goodman moved to enter the Closed Session as proposed by Mayor Clark. The motion was seconded by Mr. East and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Absent G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye Council entered Closed Session at 7:05 p.m. and returned from Closed Session at 6:13 p.m. 6. Certification of Closed Session Mayor Clark asked for a certification motion that Council discussed only the six items for which they went into Closed Session: two items under Va. Code 2.2-3711 (A) (1) a personnel matter regarding the Town Manager's position and a Building Official's Appeal; and, three items under Va. Code 2.2- 3711 (A) 8, consultation with legal counsel regarding: Review of Information Technology Services Agreement with Pulaski County; Review of Building Code Enforcement Agreement with Pulaski County; and, Town Manager Separation Agreement. Mr. Goodman moved to certify the closed session. The motion was seconded by Mr. East and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Absent G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye 7. Action from the Closed Session Mayor Clark then requested a motion from Council. Page 2 of 3/June 23, 2020 1 1 1 1 1 Mr. East moved to authorize the Mayor to execute the Town Manager Shawn Utt Separation Agreement as presented. The motion was seconded by Mr. Goodman and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Absent G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye Following Council's action Mayor Clark asked for another motion from Council Mr. East moved that Council ratify the IT Memorandum of Understanding between Pulaski County and the Town of Pulaski. The motion was seconded by Mr. Goodman and approved on the following roll call vote: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Absent G. Tyler Clontz -Absent Gregory C. East -Aye James A. Radcliffe -Aye Following the vote, Mr. Utt recommended that Council not ratify the Memorandum of Understanding with the County for the Building Services -Building Permit Services Agreement. Mr. Utt said he would withdraw the notices to the staff, whom he would get with first thing in the morning and give them an update on the plan, with the appeal. Since he said he was withdrawing, there was no need for an appeal at this point. Mr. East about withdrawal of the termination notices to which Mr. Utt said yes. Mayor Clark ventured the withdrawal of the termination notices was what they were looking for. Mrs. Gallagher asked if she could say something, to which Mayor Clark said she could. Mrs. Gallagher announced that she had passed her second exam that day to the applause of those in attendance. Mrs. Gallagher said she had one test left which consisted of all the building codes together. Mr. East said he wanted to say one thing, that the Council certainly apologized and that he likewise apologized feeling there was a misunderstanding about: the direction things were headed; what the outcome was supposed to be; and what it actually ended up being. He apologized again for the misunderstanding. 8. Adiournment There being no further business, Mayor Clark called for a motion to adjourn the meeting. A motion to adjourn was made by Mr. Goodman, seconded by Mr. East and approved by the unanimous voice vote of Council at 6:17 p.m. ATTEST: David N. Quesenberry Clerk of Council Approved: Page 3 of 3/June 23, 2020 W. Shannon Collins Mayor