City Council Meeting Agendas

City Council Regular Meeting September 4, 2013 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, September 4, 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 Seth Ayotte, Troop 911, Nansemond Baptist Church, led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 4, 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 Duman, 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 SEPTEMBER 4, 2013, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 4, 2013 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the August 14, 2013, Special Meeting, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation – Suffolk Relay for Life Golf Tournament Police Chief Thomas Bennett introduced the following individuals – Angela Frances, Community Manager, South Atlantic Division, American Cancer Society, Ginny Lee Melton, Outgoing Chair, Relay for Life, Heather Howe, Incoming Chair, Relay for Life, and Joel Howard and Amanda Morean, Suffolk Police Department. Police Chief Bennett presented the background information as printed in the official agenda. Mayor Johnson and Ms. Melton offered brief remarks of appreciation. 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 of the Consent Agenda items for separate action. Hearing no requests for removal of any items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as presented. Council Member Duman, on a motion seconded by Council Member Parr, 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 Chris Dove, 852 Colonel Meade Drive, representing self, opined about Consent Agenda Item #7 as it relates to Virginia’s Dillon Rule - an ordinance imposing a moratorium on the acceptance of applications for tax exemptions from nonprofit organizations pursuant to Section 82-487 of the Code of the City of Suffolk. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda item: Consent Agenda Item #7 – An ordinance imposing a moratorium on the acceptance of applications for tax exemptions from nonprofit organizations pursuant to Section 82-487 of the Code of the City of Suffolk 2 City Council Regular Meeting September 4, 2013 Referring to Consent Agenda Item #7, Council Member Duman called for clarification about the potential impact on nonprofit organizations that currently have the tax exemption status, should City Council approve the proposed ordinance. Referring to Consent Agenda Item #7 and utilizing a PowerPoint presentation, Finance Director Anne Seward supplied a summary of the background information as printed in the official agenda. Referring to Consent Agenda Item #7, Council Member Gardy asked about the ability to lift the moratorium in the future, should City Council approve the proposed ordinance. Finance Director Seward replied that the moratorium could be lifted in the future, should City Council approve the proposed ordinance. Referring to Consent Agenda Item #7, Council Member Parr called for an explanation of Virginia’s Dillon Rule. City Attorney Holland explained that the Dillon Rule allows localities to establish ordinances that grant tax exemptions at the discretion of the local elected body. She added that the proposed ordinance would prohibit any future applications from nonprofit organizations seeking tax exempt status. Referring to Consent Agenda Item #7, Council Member Parr queried about the amount of lost revenue for Suffolk Public Schools as a result of the $4,100,000 in real estate tax abatement for nonprofit organizations and the elderly and disabled. Finance Director Seward indicated that about half that amount would be lost funding for Suffolk Public Schools. Referring to Consent Agenda Item #7, Council Member Duman sought information about the potential impact on nonprofit organizations that currently have already received the tax exemption status, should City Council approve the proposed ordinance. Finance Director Seward reported that there would be no impact on any nonprofit organizations that currently have the tax exemption status. Referring to Consent Agenda Item #7, Council Member Duman opined that the proposed ordinance would only prohibit future tax exemptions for nonprofit organizations. Finance Director Seward replied in the affirmative. Referring to Consent Agenda Item #7, Council Member Fawcett inquired about the increase in the tax exemptions from Fiscal Year 2010, when tax exemption for nonprofit organizations began, to the present. Finance Director Seward said when she arrived 2007, the tax exempt properties were under ten percent. Referring to Consent Agenda Item #7, Vice Mayor Brown requested an explanation about the connection between granting tax exemptions and the City’s financial health. Finance Director Seward stated that increasing the number of tax exemptions decreases the tax base. She further explained that exemptions decrease revenue therefore shifting the tax burden to nonexempt properties. Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Council Members Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 7 NAYS: Council Member Duman 1 3 City Council Regular Meeting September 4, 2013 PUBLIC HEARINGS Public Hearing – A public hearing to consider an ordinance granting an exemption from taxation to Lake Prince Center, Incorporated Utilizing a PowerPoint presentation, Finance Director Seward submitted a summary of the background information as printed in the official agenda. Ralph Howell, 117 Sleepy Ridge Court, Chair, Lake Prince Center, spoke in support of the ordinance. Judy Raymond, 407 Flintlock Road, Chesapeake, Virginia, Executive Director, Lake Prince Center, Incorporated, spoke in support of the ordinance. Claudia Lee, 3260 Indian Trail, representing self, spoke in opposition to the ordinance. Hearing no additional speakers, the public hearing was closed. Members of City Council opined about the proposed ordinance. Referring to the presentation, Council Member Duman asked if the applicant could reapply for tax exemption in the future. City Attorney Holland explained that as City Council has approved an ordinance imposing a moratorium on the acceptance of applications for tax exemption from nonprofit organizations, no new applications would be accepted. Referring to the presentation, Mayor Johnson queried about the ability for any nonprofit organization to apply for tax exemption in the future, should City Council lift the moratorium. City Attorney Holland stated that should City Council lift the moratorium in the future, any nonprofit organization could apply for tax exempt status. Council Member Milteer, on a motion seconded by Council Member Parr, moved to deny the ordinance, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Emergency Services in the City of Suffolk Fire Chief Cedric Scott supplied information on the above referenced item. 4 City Council Regular Meeting September 4, 2013 Referring to the presentation, Council Member Ward called for clarification of the role of the Nansemond Suffolk Volunteer Rescue Squad under the new organizational structure of the Suffolk Fire and Rescue Department, specifically the definition of first due and second due. Fire Chief Scott advised that the Nansemond Suffolk Volunteer Rescue Squad would be a backup to the Suffolk Fire and Rescue Department as long as they have the appropriate staffing. He added that the Suffolk Fire and Rescue Department ambulance located at 440 Market Street is numbered Med One and serves as a first due or the primary responder. He concluded that the Nansemond Suffolk Volunteer Rescue Squad ambulance is numbered as Med Two and serves as a second due or a backup responder. Referring to the presentation, Council Member Ward opined about the reasons that the Nansemond Suffolk Volunteer Rescue Squad did not have Advanced Life Support. Fire Chief Scott indicated that he could not speak to the reason that the Nansemond Suffolk Volunteer Rescue Squad did not have Advanced Life Support. Referring to the presentation, Council Member Ward sought an explanation about the reporting authority of Nansemond Suffolk Volunteer Rescue Squad. Fire Chief Scott stated that the Suffolk Fire Chief is the reporting authority of the City of Suffolk Fire and Rescue Department, the Nansemond Suffolk Volunteer Rescue Squad and all volunteer rescue organizations. Referring to the presentation, Council Member Duman asked about the coverage areas for the Med One and Med Two ambulances. Fire Chief Scott indicated that both have the same coverage area. MOTIONS Motion – A motion to schedule the City Council Retreat for October 3 – 4, 2013 Council Member Parr, on a motion seconded by Council Member Duman, moved to schedule the City Council Retreat for October 3 – 4, 2013, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 Motion - A motion to schedule a Work Session for September 18, 2013, at 4:00 p.m., unless cancelled Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a Work Session for September 18, 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 Thomas Erwin, 310 North Main Street, was not present when called. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the Freedom of Information Act. 5 City Council Regular Meeting September 4, 2013 The following individuals spoke about the City’s Unified Development Ordinance as it relates to family transfers: Tracey McCleary, 2031 Kings Fork Road, representing self. Ed Schultz, 2051 Kings Fork Road, representing self. W. Randolph Carter, 150 North Main Street, Clerk of the Circuit Court, express his appreciation to the City’s Tourism Division for its assistance with the Virginia Court Clerk’s Association Annual Convention. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following nominations for City Council’s consideration: Community Policy and Management Team – Mary C. Brantley and Substance Abuse and Youth Council – LaTroy Brinkley Council Member Gardy, on a motion seconded by Council Member Duman, moved to appoint the above referenced individuals to the aforementioned bodies, 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 Duman moved to direct City Manager Cuffee-Glenn to present a staff report at the September 18, 2013, City Council meeting on issues raised about family transfer regulations during the Non Agenda Speakers portion of tonight’s meeting, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following activities: the recent National Night Out Community Awards; the recent 2013 Teen Summit Conference sponsored by the Parks and Recreation Department; the City’s participation in the American Cancer Society’s Relay for Life fundraiser; the City’s Purchasing Division’s recognition by the National Institute of Governmental Purchasing; ribbon cuttings for NowCare Urgent Care and Lakeview Family Medicine, EternaWell, Simply Susan’s Bakery and Café, Serendipity Hair Salon, All About Virginia and More, and Montessori Academy of Virginia; the upcoming Suffolk Police Department Promotional Ceremony; the upcoming Taste of Suffolk; upcoming adopt a thons; a reminder about the new dog tethering ban; and an acknowledgement of City employees who participated in the Virginia Beach Rock and Roll Half Marathon: Patrick Roberts, Kevin Hughes, Rob Ross and Edward Matthews. 6 City Council Regular Meeting September 4, 2013 Council Member Duman reported that he attended the Suffolk Public School Convocation and the NowCare Urgent Care and Lakeview Family Medicine ribbon cuttings. Council Member Duman commended those recognized at the National Night Out Community Awards. Council Member Duman announced he attended the ribbon cuttings for Simply Susan’s Bakery and Café, Serendipity Hair Salon, and All About Virginia and More. Council Member Duman announced the upcoming Passion for Paws Suffolk Humane Society event. Council Member Milteer advised that he attended the Suffolk Public School New Teachers Breakfast. Council Member Milteer reported speeding in the Saratoga area. Council Member Parr asked staff to contact the Office of Voter Registration about Virginia’s regulations regarding the distribution of campaign materials. Council Member Parr thanked Public Works Director Eric Nielsen for addressing drainage issues at Elephant’s Fork and Riverview. Council Member Parr opined about the recent Jericho Day Celebration. Council Member Parr expressed his appreciation to Finance Director Seward for her assistance with the Western Tidewater Jail Board. Council Member Fawcett congratulated those honored at the National Night Out Community Awards. Council Member Fawcett thanked City Administration for efforts on improvements on Nansemond Parkway. Council Member Fawcett acknowledged the City employees who participated in the Virginia Beach Rock and Roll Half Marathon. Council Member Ward advised that he attended a cookout sponsored by Congressman Bobby Scott. Council Member Ward indicated that he attended “Back to School” events at Creekside and Northern Shores Elementary Schools. Council Member Gardy acknowledged former Council Member Joe Barlow who was in attendance. Vice Mayor Brown reported that he attended the Suffolk Public Schools New Teachers Breakfast. Vice Mayor Brown congratulated those honored at the National Night Out Community Awards. Vice Mayor Brown announced he attended a ribbon cutting at the Montessori Academy of Virginia. Vice Mayor Brown opined about the Substance Abuse and Youth Council. Vice Mayor Brown asked for improvements to the railroad crossings on East Washington Street. 7 City Council Regular Meeting September 4, 2013 Mayor Johnson advised she attended the Suffolk Public Schools Convocation. Mayor Johnson announced the upcoming Taste of Suffolk. 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 9:05 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 2, 2013 8