City Council Meeting Agendas

City Council Regular Meeting May 1, 2013 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, May 1, 2013, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Charles F. Brown, Vice Mayor Michael D. Duman Roger W. Fawcett Jeffrey L. Gardy Curtis R. Milteer, Sr. Charles D. Parr, Sr. Lue R. Ward, Jr. Selena Cuffee-Glenn, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order. Council Member Milteer offered the Invocation and led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of May 1, 2013, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Gardy, moved that the resolution be approved, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MAY 1, 2013, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Duman, moved to approve the minutes from the April 3, 2013, Work Session and Regular Meeting, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 1 City Council Regular Meeting May 1, 2013 SPECIAL PRESENTATIONS There were no items under this portion of tonight’s agenda. REMOVAL OF ITEM FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove the Consent Agenda item for separate action. Hearing no requests for removal of the item, Mayor Johnson advised that a motion was in order at this time to adopt the agenda. Council Member Parr, on a motion seconded by Council Member Duman, moved to adopt the agenda as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AGENDA SPEAKERS There were no individuals registered to speak under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda item: Consent Agenda Item #7 - REQUEST FOR A THREE (3) MONTH EXTENSION OF A CONDITIONAL USE PERMIT REQUEST C12-11, SUBMITTED BY KEVIN LEFCOE, APPLICANT, ON BEHALF OF BENNETT’S CREEK SQUARE PROFESSIONAL CENTER, LLC, PROPERTY OWNER, TO EXTEND THE EXPIRATION DATE OF C12-11, WHICH WAS APPROVED ON JULY 20, 2011, TO PERMIT A CHILD DAY CARE FACILITY IN ACCORDANCE WITH SECTIONS 31-306 AND 31-406 OF THE UNIFIED DEVELOPMENT ORDINANCE Council Member Milteer called for summary of Consent Agenda Item #7 - request for a three (3) month extension of a Conditional Use Permit Request C12-11, submitted by Kevin Lefcoe, applicant, on behalf of Bennett’s Creek Square Professional Center, LLC, property owner, to extend the expiration date of C12-11, which was approved on July 20, 2011, to permit a child day care facility in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance. Referring to Consent Agenda Item #7, Planning and Community Development Director D. Scott Mills supplied a summary of the background information as printed in the official agenda utilizing a PowerPoint presentation. 2 City Council Regular Meeting May 1, 2013 Council Member Gardy, on a motion seconded by Council Member Duman, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 PUBLIC HEARINGS There were no items under this portion of tonight’s agenda. ORDINANCES Ordinances and Resolution – Adoption of the proposed Operating and Capital Budget for Fiscal Year 2013-2014 and related ordinances and resolution Utilizing a PowerPoint presentation, Interim Chief Financial Officer Anne Seward gave an overview of the background information as printed in the official agenda. Referring to the presentation, Council Member Parr asked about State Code options as it relates to local funding of public education. Interim Chief Financial Officer Seward explained that State Code offers localities two options as it relates to funding for public education - municipalities can provide lump sum funding or by specific categories as outlined by the State Code. Referring to the presentation, Mayor Johnson called for clarification about categories of funding. Interim Chief Financial Officer Seward replied that whether a locality provides monies for public education in a lump sum or by categories as outlined in the State Code, the funding would be federal, state and local. Referring to the presentation, Vice Mayor Brown solicited an overview of the impact of the proposed increase in the real estate tax rate on a local homeowner. Interim Chief Financial Officer Seward reported that the proposed six cents increase in the real estate tax rate would make the rate $1.03 per $100. She added that on a $150,000 home that increase would equate to an extra $45.00 annually or $3.75 per month. Referring to the presentation, Council Member Duman opined about the loss of $500,000 in utilities tax and the possibility of this recurring. Interim Chief Financial Officer Seward indicated that the State found that a utility company overpaid last year, so this amount was deducted from the City’s payment this year. She added that this should be a one-time occurrence. Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to approve the proposed ordinances and resolution, as presented. Members of City Council opined about the proposed Operating and Capital Budget for Fiscal Year 2013-2014. Mayor Johnson asked for an explanation about the history of the Capital Projects Fund balance. Interim Chief Financial Officer Seward explained that the City received a windfall when it switched from biannual to annual tax collection. She further said that the windfall was dedicated to the Capital Projects Fund, which was created by ordinance. 3 City Council Regular Meeting May 1, 2013 Council Member Duman, on a substitute motion seconded by Council Member Fawcett, moved to amend “An ordinance approving the city budget and appropriating funds for expenditures contemplated during the fiscal year beginning July 1, 2013 and ending June 30, 2014, and regulating the payment of money out of the City Treasury”, transferring $1,100,000 from the Capital Program Reserve Fund to the General Fund for Suffolk Public Schools for the purpose of replacing heating, ventilation, and air conditioning systems and to approve the remaining proposed ordinances and resolution as presented, by the following roll call vote: AYES: Council Members Duman, Fawcett, and Ward 3 NAYS: Council Member Gardy, Milteer, Parr, Brown and Johnson 5 Council Member Fawcett, on a substitute motion seconded by Council Member Ward, moved to vote on the ordinances and resolution regarding the Operating and Capital Budget for Fiscal Year 2013-2014 individually, by the following vote: AYES: Council Members Fawcett and Ward 2 NAYS: Council Member Duman, Gardy, Milteer, Parr, 6 Brown and Johnson Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to approve the proposed ordinances and resolution, as presented, by the following vote: AYES: Council Members Gardy, Milteer, Parr, Brown and Johnson 5 NAYS: Council Members Duman, Fawcett, and Ward 3 AN ORDINANCE APPROVING THE CITY BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2014, AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY AN ORDINANCE LEVYING REAL PROPERTY TAXES FOR THE TAX YEAR BEGINNING JULY 1, 2013, AND ENDING JUNE 30, 2014 AN ORDINANCE TO LEVY TAXES ON ALL TANGIBLE PERSONAL PROPERTY NOT EITHER EXEMPT FROM TAXATION OR OTHERWISE TAXED FOR THE 2013 AND 2014 TAX YEARS AN ORDINANCE ADOPTING A FEE SCHEDULE FOR THE CITY OF SUFFOLK AN ORDINANCE APPROVING NEW POSITIONS AND REVISED JOB DESCRIPTIONS REGARDING THE FISCAL YEAR 2013-2014 OPERATING AND CAPITAL BUDGET AND CITY FISCAL YEAR 2013-2014 CLASSIFICATION AND COMPENSATION PLAN A RESOLUTION TO PROVIDE FOR A 1% SHIFT IN THE VIRGINIA RETIREMENT SYSTEM EMPLOYEE CONTRIBUTION RATE TO THE EMPLOYEES WITH A RESPECTIVE 1.337% INCREASE IN TOTAL CREDITABLE COMPENSATION 4 City Council Regular Meeting May 1, 2013 Ordinance – An ordinance to adopt the 2013-2014 Annual Action Plan for the City of Suffolk Community Development Block Grant Program and the Western Tidewater HOME Consortium Home Investment Partnership Grant Program Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a report on the above referenced item. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE TO ADOPT THE 2013-2014 ANNUAL ACTION PLAN FOR THE CITY OF SUFFOLK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE WESTERN TIDEWATER HOME CONSORTIUM HOME INVESTMENT PARTNERSHIP GRANT PROGRAM RESOLUTIONS Resolution – A resolution establishing the Suffolk Transit Technical Advisory Committee Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen submitted a summary of the background information as printed in the official agenda. Referring to the presentation, Council Member Duman asked about the process for selecting individuals to the proposed committee. Public Works Director Nielsen explained that City staff would work to identify stakeholders near current transit routes to serve on the committee. Referring to the presentation, Council Member Duman opined about the feasibility placing information on the City‘s webpage for persons interested in serving on the proposed committee. City Manager Cuffee-Glenn stated that if that was the will of City Council, City Administration would make the needed arrangements. Council Member Gardy, on a motion seconded by Council Member Duman, moved to approve the resolution, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 A RESOLUTION ESTABLISHING THE SUFFOLK TRANSIT TECHNICAL ADVISORY COMMITTEE 5 City Council Regular Meeting May 1, 2013 Resolution – A resolution requesting approval of location and design for the Nansemond Parkway Phase II Project Utilizing a PowerPoint presentation, Public Works Director Nielsen offered a summation of the background information as printed in the official agenda. Referring to the presentation, Council Member Fawcett asked about the location of the relocated median break. Utilizing the PowerPoint presentation, Public Works Director Nielsen clarified the location of the median break. Referring to the presentation, Vice Mayor Brown queried about the contractor for the project. Public Works Director Nielsen stated that Clark Nexsen is the designer. Referring to the presentation, Vice Mayor Brown sought information about the project’s builder. Public Works Director Nielsen advised that a firm has yet to be selected for this phase. Referring to the presentation, Vice Mayor Brown inquired about the designer and contractor for the first phrase of the project. Public Works Director Nielsen reported that Gannett Fleming was responsible for the design, and Branscum Construction was the contractor for phase one of the project. Referring to the presentation, Council Member Parr opined about any flooding in the area. Public Works Director Nielsen indicated that with the installation of the new pipes, there have not been any flooding issues in the area. Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the resolution, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 A RESOLUTION REQUESTING APPROVAL OF LOCATION AND DESIGN FOR THE NANSEMOND PARKWAY PHASE II PROJECT Resolution – A resolution stating the City’s understanding of regional efforts to manage solid waste in Southside Hampton Roads after January 24, 2018, and the City’s intent to pursue cooperative development of a regional solid waste management system Utilizing a PowerPoint presentation, Public Works Director Nielsen provided an overview of the background information as printed in the official agenda. Referring to the presentation, Council Member Duman called for an update on the action taken by the other member localities as it relates to proposed resolution. Public Works Director Nielsen explained that of the other member localities of the Southeastern Public Service Authority, the City of Virginia Beach is the only one that had approved a similar resolution. He added that the City of Norfolk has indicated that they will consider a similar resolution in the near future. Referring to the presentation, Council Member Duman asked about a deadline to act on the proposed resolution. Public Works Director Nielsen said that June, the end of the second quarter, is the deadline. 6 City Council Regular Meeting May 1, 2013 Referring to the presentation, Council Member Duman solicited information about the participation of the City of Franklin as it relates to the proposed resolution. Public Works Director Nielsen advised that the City of Franklin has been at the table during the consideration of this issue as a member of the Southeastern Public Service Authority. Referring to the presentation, Council Member Gardy requested clarification about the binding nature of the proposed resolution. City Attorney Holland stated that proposed resolution is non-binding. Referring to the presentation, Council Member Gardy opined about the feasibility of continuing consideration of the proposed resolution. City Attorney Holland indicated that the resolution needs to be acted upon by the end of the second quarter. Council Member Gardy moved to continue consideration of the proposed resolution to the May 15, 2013, City Council meeting. Due to the lack of a second, the motion died. Council Member Parr, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 A RESOLUTION STATING THE CITY’S UNDERSTANDING OF REGIONAL EFFORTS TO MANAGE SOLID WASTE IN SOUTHSIDE HAMPTON ROADS AFTER JANUARY 24, 2018, AND THE CITY’S INTENT TO PURSUE COOPERATIVE DEVELOPMENT OF A REGIONAL SOLID WASTE MANAGEMENT SYSTEM STAFF REPORTS There were no items under this portion of tonight’s agenda. MOTIONS Motion - A motion to schedule a Work Session for May 15, 2013, at 4:00 p.m., unless cancelled Council Member Duman, on motion seconded by Council Member Parr, moved to schedule a Work Session for May 15, 2013, at 4:00 p.m., unless canceled, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Janice Signore, 128 Brewer Avenue, was not present when called. Don Crawley, 3078 Jasmine Lane, representing self, spoke in support of a personal property tax exemption for disabled veterans. 7 City Council Regular Meeting May 1, 2013 Robert Showalter, Jr., 9593 South Quay Road, representing self, spoke in support of a personal property tax exemption for disabled veterans. Elizabeth Taraski, 1512 Sleepy Lake Parkway, representing Nansemond River Preservation Alliance, presented information about her organization’s program in Suffolk Public Schools. Steve Barnum, 4409 Foxwood Place, Chair, Nansemond River Preservation Alliance Water Quality Committee, offered information about his organization’s efforts in relation to the Nansemond River. Azalea Spruill, 1422 Wilroy Road, representing self, opined about a community well issue. Rick Percoco, 203 Oak Street, representing self, opined about ideas for the Operating and Capital Budget for Fiscal Year 2013-2014. Chris Dove, 852 Colonel Meade Drive, representing self, opined about government transparency. Mike Debranski, 1015 Maryland Avenue, Chair, Suffolk School Board, opined about the Operating and Capital Budget for Fiscal Year 2013-2014 as it relates to funding for Suffolk Public Schools. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following item for consideration: Virginia Municipal League Policy Committees: appoint Council Member Lue Ward to the Community and Economic Development Committee; reappoint Council Member Michael Duman to the Environmental Quality Committee; reappoint Council Member Curtis Milteer to the Finance Committee; appoint Council Member Jeffrey Gardy to the General Laws Committee; appoint Vice Mayor Charles Brown to the Human Development and Education Committee; and appoint Council Member Roger Fawcett to the Transportation Committee. Council Member Parr, on a motion seconded by Council Member Duman, moved to nominate and appoint the aforementioned individuals, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 Council Member Parr, on a motion seconded by Council Member Fawcett, moved to direct City Manager Cuffee-Glenn to contact Dr. Deran Whitney, Superintendent, Suffolk Public Schools, to schedule a joint meeting of the City Council and the School Board, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 8 City Council Regular Meeting May 1, 2013 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following activities: the Hampton Roads Chamber of Commerce Valor Awards; Suffolk Fire and Rescue Department Retirees Breakfast; Relay for Life Football Fundraiser with Suffolk Fire and Rescue and Police Departments; Walk at Work Day; ribbon cuttings at Altitudes Café and All in One Creations Hair Salon; the implementation of the City’s open burn ban; the upcoming State of the City; the upcoming Festival of Flight; the upcoming Mutt Strut; the upcoming Shake, Rattle and Roll Car Show; the upcoming Law Enforcement Memorial Service; congratulations to Cindy Taylor on her retirement and Robert Goumas on his selection as the new Assistant Director of Planning and Community Development; congratulations to Deputy Chief Ed Taylor on his retirement from Suffolk Fire and Rescue Department; congratulations to Tim Kelley on his selection as Media and Community Relations Manager and Clint Rudy as his selection as Library Services Director. Council Member Fawcett advised that he attended the following: the First Citizen Reception; the Tour de Cure; and Firefall at Suffolk Center for Cultural Arts Council Member Fawcett congratulated Clint Rudy as his selection as Library Services Director. Council Member Fawcett stated that he attended the Court Appointed Special Advocates Banquet. Council Member Fawcett opined about the following: Suffolk Fire and Rescue and Police Departments for their Relay for Life Football Fundraiser; the upcoming Mutt Strut; the retirements of Cindy Taylor and Deputy Chief Ed Taylor, and the selection of Tim Kelley as the Media and Community Relations Manager. Council Member Ward thanked Trevon Boone who was in attendance. Council Member Ward announced he attended the First Citizen Reception. Council Member Ward opined about the cooperation between the City and Suffolk Public Schools. Council Member Gardy said he went to the First Citizen Reception and congratulated Tim Kelley on his selection as the Media and Community Relations Manager. Council Member Duman called for information on the feasibility of establishing a personal property tax exemption for veterans. Council Member Duman congratulated the following individuals: Cindy Taylor and Deputy Chief Ed Taylor on their retirements; Tim Kelley on his selection as the Media and Community Relations Manager; and the members of public safety who were honored at the Hampton Roads Chamber of Commerce Valor Awards. Council Member Milteer advised that he attend the First Citizen Reception. Council Member Milteer opined about the consideration of property tax exemption for disabled veterans and the Operating and Capital Budget for Fiscal Year 2013-2014. 9 City Council Regular Meeting May 1, 2013 Council Member Parr congratulated all of the individuals who recently retired from the City and those who have recently promoted. Council Member Parr advised that he attended a production of “The Little Mermaid” at Nansemond River High School and the Court Appointed Special Advocates Banquet. Council Member Parr opined on the issue raised during non-agenda speakers regarding a problem with a community well. Vice Mayor Brown opined on the issue raised during non-agenda speakers regarding a problem with a community well. Vice Mayor Brown congratulated all of the individuals who retired from the City and those who have been recently promoted. Vice Mayor Brown promoted the Good Time Guide and the State of the City. Mayor Johnson congratulated Tim Kelley on his promotion as Media and Community Relations Manager. Mayor Johnson opined on those honored at the Hampton Roads Chamber of Commerce Valor Awards. Mayor Johnson promoted the National Day of Prayer Breakfast at the National Guard Armory. ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:45 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED AS AMENDED: JUNE 5, 2013 10