City Council Meeting Agendas

City Council Regular Meeting March 3, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, March 3, 2010, at 7:00 p.m. PRESENT Council Members – Linda T. Johnson, Mayor, presiding Curtis R. Milteer, Sr., Vice Mayor Robert C. Barclay IV Joseph H. Barlow Leroy Bennett Charles F. Brown Jeffrey L. Gardy Charles D. Parr, Sr. Selena Cuffee-Glenn, City Manager Helivi Holland, Deputy City Attorney Erika S. Dawley, City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order, and Vice Mayor Milteer provided the Invocation and members of Girl Scout Troop 5357 and Samuel Tyler, Boy Scout Troop 1, led Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of March 3, 2010, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Vice Mayor Milteer, on a motion seconded by Council Member Gardy, moved that the resolution be adopted, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MARCH 3, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 3, 2010 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the February 3, 2010, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - Suffolk Restaurant Week Economic Development Director Kevin Hughes introduced Tourism Manager Lynette White. Utilizing a PowerPoint presentation, Tourism Manager Lynette White gave a presentation on the above referenced item. Special Presentation - Presentation of a proclamation in recognition of Girl Scout Week, March 7-13, 2010 Mayor Johnson presented the aforementioned proclamation to the following individuals: Dr. Sandra DeLoatch, Chair of the Girl Scout of Colonial Coast Board of Directors and members of Girl Scout Troop 5357. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove any items from the Consent Agenda for separate action. Council Member Bennett called for a summary of Consent Agenda Item #8 - a resolution to accept and appropriate funds from the Virginia Office of Emergency Medical Services Rescue Squad Assistance Fund (RSAF) for the Suffolk Department of Fire and Rescue Council Member Brown sought an overview of Consent Agenda Item #9 - a resolution to accept and appropriate funds for the Suffolk Department of Social Services’ Early Childhood Development Commission from Smart Beginnings South Hampton Roads Mayor Johnson explained that both of these requests could be addressed during the consideration of the Consent Agenda. Hearing no items for separate action, Mayor Johnson advised that a motion would be in order to adopt the agenda in its entirety. Councill Member Gardy, on a motion seconded by Council Member Parr, moved to adopt the agenda as presented, by the following roll call: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 2 City Council Regular Meeting March 3, 2010 AGENDA SPEAKERS W. Randolph Carter, Jr., Clerk of the Circuit Court, 150 North Main Street, spoke in support of Item #13 - an ordinance repealing Sections 2-481 through 2-485 of the Code of the City of Suffolk, and adopting a new Section 2-486, concerning the relationship between the City of Suffolk and the Constitutional Officers. C. Philips Ferguson, Commonwealth’s Attorney, 150 North Main Street, spoke in support of Item #13 - an ordinance repealing Sections 2-481 through 2-485 of the Code of the City of Suffolk, and adopting a new Section 2-486, concerning the relationship between the City of Suffolk and the Constitutional Officers. He also called for an amendment to the proposed ordinance regarding an increase in salary for constitutional officers when the City’s population increases to 100,000 as permitted by State Code. CONSENT AGENDA Mayor Johnson asked City Clerk Dawley to present the Consent Agenda. City Clerk Dawley presented the following items: Consent Agenda Item #7 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CONSTANCE ROAD AREA SANITARY SEWER IMPROVEMENTS - PHASE I CONSTRUCTION AGREEMENT Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES RESCUE SQUAD ASSISTANCE FUND (RSAF) FOR THE SUFFOLK DEPARTMENT OF FIRE AND RESCUE Consent Agenda Item #9 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE SUFFOLK DEPARTMENT OF SOCIAL SERVICES’ EARLY CHILDHOOD DEVELOPMENT COMMISSION FROM SMART BEGINNINGS SOUTH HAMPTON ROADS Council Member Bennett asked for a report on Consent Agenda Item #8 - a resolution to accept and appropriate funds from the Virginia Office of Emergency Medical Services Rescue Squad Assistance Fund (RSAF) for the Suffolk Department of Fire and Rescue. Referring to Consent Agenda Item #8, Fire Chief Mark Outlaw provided a review of the background information as printed in the official agenda. Council Member Brown solicited a synopsis of Consent Agenda Item #9 - a resolution to accept and appropriate funds for the Suffolk Department of Social Services’ Early Childhood Development Commission from Smart Beginnings South Hampton Roads. Referring to Consent Agenda Item # 9, Social Services Director Leonard Horton presented the background information as printed in the official agenda. 3 City Council Regular Meeting March 3, 2010 Council Member Parr, on a motion seconded by Council Member Brown, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance amending Section 26-4, Polling Places in Precincts, of the Code of the City of Suffolk, so as to provide a new polling place for the White Marsh Precinct at the East Suffolk Recreation Center Utilizing a PowerPoint presentation, Capital Programs and Buildings Director Gerry Jones provided an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Brown, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE AMENDING SECTION 26-4, POLLING PLACES IN PRECINCTS, OF THE CODE OF THE CITY OF SUFFOLK, SO AS TO PROVIDE A NEW POLLING PLACE FOR THE WHITE MARSH PRECINCT AT THE EAST SUFFOLK RECREATION CENTER ORDINANCE Ordinance - An ordinance to amend Section 82-401 of the Code of the City of Suffolk so as to extend the deadline for action on Board of Equalization applications City Assessor Sidney Daughtrey outlined the background information as printed in the official agenda. Referring to the presentation, Council Member Barclay sought clarification about the current and proposed deadlines for the submission of Board of Equalization applications. City Assessor Daughtrey advised that currently the deadline is May 31 and the proposed ordinance would change the deadline to June 30. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 4 City Council Regular Meeting March 3, 2010 AN ORDINANCE TO AMEND SECTION 82-401 OF THE CODE OF THE CITY OF SUFFOLK SO AS TO EXTEND THE DEADLINE FOR ACTION ON BOARD OF EQUALIZATION APPLICATIONS Ordinance - An ordinance authorizing the refunding of certain general obligation bonds of the City of Suffolk, Virginia with the issuance and sale of general obligation refunding bonds in the maximum amount of $40,500,000 by the City of Suffolk, Virginia, and establishing the terms, details and provisions for the payment thereof Utilizing a PowerPoint presentation, David Rose, Davenport and Company, the City’s financial advisors, gave a summary of the background information as printed in the official agenda. Budget Office Anne Seward and Fire Chief Outlaw provided supplementary information. Referring to the presentation, Council Member Gardy asked if the proposed ordinance includes any new money. Mr. Rose stated that the proposed ordinance only provides the City with an opportunity to refinance portions of several existing General Obligation Bond issues for debt service savings and no new money. Referring to the presentation, Council Member Gardy called for an explanation as it relates to the next steps, should the City wish issue Refunding Bonds and borrow the new money for capital projects. Mr. Rose indicated that an additional ordinance would be required for the new funds portion as outlined. Council Member Gardy, on a motion seconded by Council Member Barclay, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Brown queried about the proposed new fire engines. Budget Officer Seward replied that the City needs to replace three fire engines that are 20 to 25 years old. He further explained that two are at stations in the downtown area, and one is at the Chuckatuck Volunteer Fire Station. Referring to the presentation, Council Member Brown sought information about the City’s relationship with the Chuckatuck Volunteer Fire Department. Fire Chief Outlaw advised that while the fire department is a volunteer organization, the City does partner with the organization when it is time to purchase a new truck. He added that the volunteers conduct fundraising to provide a portion of the funding for a new truck, which will be available for the City’s use as well. Referring to the presentation, Council Member Brown inquired about the City’s purview as it relates to personnel matters at the Chuckatuck Volunteer Fire Department. Fire Chief Outlaw reported that the City does not have authority over hiring and termination, but the volunteer fire department follows the City’s personnel policies and uses the same training standards. Referring to the presentation, Council Member Brown opined about the use of the City emblem on the fire trucks at the Chuckatuck Volunteer Fire Department. Fire Chief Outlaw replied that the City has oversight over the detailing of the volunteer fire department’s trucks. 5 City Council Regular Meeting March 3, 2010 Referring to the presentation, Council Member Brown called for clarification about other volunteer fire departments in the City. Fire Chief Outlaw said that the Chuckatuck Volunteer Fire Department is the only all volunteer fire department in Suffolk, however, there are volunteers at other fire stations throughout the City. Council Member Gardy, on a motion seconded by Council Member Barclay, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Parr opined about any possible future savings in 2016. Mr. Rose said that depending on the future economic situation, the remaining debt could be financed at a lower rate. Council Member Gardy, on a motion seconded by Council Member Barclay, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE REFUNDING OF CERTAIN GENERAL OBLIGATION BONDS OF THE CITY OF SUFFOLK, VIRGINIA WITH THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS IN THE MAXIMUM AMOUNT OF $40,500,000 BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF Ordinance - An ordinance repealing Sections 2-481 through 2-485 of the Code of the City of Suffolk, and adopting a new Section 2-486, concerning the relationship between the City of Suffolk and the Constitutional Officers (This item was continued from the February 3, 2010, City Council meeting.) Council Member Gardy moved to approve the second proposed ordinance with the following addition – an amendment to included language that would permit any additional salary increase granted by the State Compensation Board to any of the constitutional officers for a change in the City’s population bracket shall be retained by the constitutional officers as permitted by State Code. The motion failed for lack of a second. Utilizing a PowerPoint presentation, City Manager Cuffee-Glenn supplied a report of the background information as printed in the official agenda. Referring to the distributed handout, she also announced that a second version of the ordinance has provided for Council’s consideration. Deputy City Attorney Holland and Human Resources Director Ronnie Charles provided supplementary information. Referring to the presentation, Vice Mayor Milteer opined about the inclusion of language in either of the proposed ordinances that would permit any additional salary increase granted by the State Compensation Board to any of the constitutional officers for a change in the City’s population bracket shall be retained by the constitutional officers as permitted by State Code. City Manager Cuffee-Glenn reported that neither of the proposed ordinances includes this language. 6 City Council Regular Meeting March 3, 2010 Council Member Brown, on a motion seconded by Vice Mayor Milteer, moved to approve the second ordinance, as presented. Referring to the presentation, Council Member Parr queried about the salary of the constitutional officer in the event that there is a change in the office. Deputy City Attorney explained that should a constitutional officer retire, and a new person is elected to serve in the position, the new person’s salary would start at the State Compensation Board salary. She further explained that the City would augment that salary based on average City raises. Council Member Brown, on a motion seconded by Vice Mayor Milteer, moved to approve the second ordinance, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE REPEALING SECTIONS 2-481 THROUGH 2-485 OF THE CODE OF THE CITY OF SUFFOLK, AND ADOPTING A NEW SECTION 2-486, CONCERNING THE RELATIONSHIP BETWEEN THE CITY OF SUFFOLK AND THE CONSTITUTIONAL OFFICERS RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT Staff Report - Update on the Investigation of Odor Complaints Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen furnished an update on the above referenced item. MOTIONS Motion - A motion to schedule a public hearing for the March 17, 2010, City Council meeting to receive public comment on the possible transfer of public property located within the Fairgrounds Revitalization Area City Manager Cuffee-Glenn submitted a synopsis of the background information as printed in the official agenda. Council Member Parr, on motion seconded by Council Member Gardy, moved to schedule a public hearing for the March 17, 2010, City Council meeting to receive public comment on the possible transfer of public property located within the Fairgrounds Revitalization Area, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 7 City Council Regular Meeting March 3, 2010 Motion - A motion to schedule a Work Session for March 17, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Parr, on motion seconded by Council Member Gardy, moved to schedule a Work Session on March 17, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Jerry Butler, 2430 Cherry Blossom Road, representing self, opined about a recent community meeting about the odor in his community. The following speakers expressed their support for funding for Suffolk Public Schools: Ethel Williams, 200 Gloucester Avenue, was not present when called. Veleka Gatling, 2110 Canvasback Drive, representing self. Erin Banks, 117 Woodlake Terrace, representing self. Rhonda Jones, 1365 Manning Road, representing self. Jeff Meade, 2905 Harbor Road, representing self. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley advised that there were no items for consideration. Council Member Gardy, on a motion seconded by Council Member B, moved to appropriate $6,500 from the City’s Contingency Fund to the Lakeland High School Marching Band to attend the 2010 National Memorial Day Parade, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 8 City Council Regular Meeting March 3, 2010 ANNOUNCEMENTS AND COMMENTS Mayor Johnson asked if there were any announcements from the Media and Community Relations Department. Media and Community Relations Director Deborah George advised that there were no announcements. Vice Mayor Milteer reported a railroad crossing in need of repair on Saratoga Street and Wellons Street. Council Member Bennett announced that the State Department of Environmental Quality recommended that the City and the Southeastern Public Service Authority refrain from hiring a consultant to study the odor problem in the Route 58 area as any consultants would ultimately have to report to the Department of Environmental Quality on their findings. Council Member Parr opined about the possibility of combining certain City and School services in an effort to save money. Council Member Parr extended his condolences to the family of the late Johnnie Edwards. Council Member Gardy expressed his appreciation to the Public Works Department. Mayor Johnson opined about the recent efforts of Thelma Drake, Director of the Virginia Department of Rail and Public Transportation, to obtain passenger rail service for the Hampton Roads region. Mayor Johnson reported on her participation in the Dr. Seuss Read Across America Day event at Booker T. Washington Elementary School. ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Parr, moved to adjourn, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, and Johnson 7 NAYS: None (Vice Mayor Milteer was out of the chamber at the time of the vote.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:26 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: APRIL 7, 2010 9