City Council Meeting Agendas

City Council Regular Meeting February 15, 2017 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, February 15, 2017, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, Sr. Lue R. Ward, Jr. Patrick G. Roberts, 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 the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of February 15, 2017, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the resolution, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF FEBRUARY 15, 2017, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 15, 2017 APPROVAL OF THE MINUTES Council Member Milteer, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the January 18, 2017, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA 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 Goldberg, moved to adopt the agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Library of Virginia Circuit Court Records Preservation Program for the Clerk of the Circuit Court Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the City of Suffolk’s wellness initiatives Consent Agenda Item #9 - A resolution adopting the 2017 Hampton Roads Hazard Mitigation Plan Referring to Consent Agenda Items #7 through #9, City Manager Roberts submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting February 15, 2017 Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance granting a franchise agreement for the non-exclusive right and privilege to occupy and use the streets, alleys and public places of the City of Suffolk for the construction, maintenance, and operation of a natural gas distribution system within and through the corporate limits of the City of Suffolk, Virginia Mayor Johnson explained that this agenda item concerned an ordinance granting a franchise agreement for the non-exclusive right and privilege to occupy and use the streets, alleys and public places of the City of Suffolk for the construction, maintenance, and operation of a natural gas distribution system within and through the corporate limits of the City of Suffolk, Virginia. She further explained, as the franchise will be in excess of five years, state law requires the City to advertise and invite bids for the franchise agreement. Mayor Johnson read the following summary of bid that has been received: Bidder: Columbia Gas of Virginia, Incorporated Mayor Johnson asked if there were any additional bids for consideration. Hearing none, the bidding was declared closed, and Mayor Johnson asked for staff recommendation regarding the bid received. City Manager Roberts introduced Purchasing Agent Jay Smigielski, who utilizing a PowerPoint presentation, offered a report on the background information as printed in the official agenda. Mayor Johnson announced that if it is the pleasure of City Council, a motion would be in order to award the bid at this time. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to award the bid to Columbia Gas of Virginia, Incorporated, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Mayor Johnson opened the public hearing to receive comment on the award of the bid to successful bidder, Columbia Gas of Virginia, Incorporated. Hearing no speakers, the public hearing was closed. 3 City Council Regular Meeting February 15, 2017 Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE GRANTING A FRANCHISE AGREEMENT FOR THE NON-EXCLUSIVE RIGHT AND PRIVILEGE TO OCCUPY AND USE THE STREETS, ALLEYS AND PUBLIC PLACES OF THE CITY OF SUFFOLK FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A NATURAL GAS DISTRIBUTION SYSTEM WITHIN AND THROUGH THE CORPORATE LIMITS OF THE CITY OF SUFFOLK, VIRGINIA Public Hearing – An ordinance to grant a conditional use permit to establish a helipad, on property located at 3920 Bridge Road, Zoning Map 13, Parcel 17; C15-16 Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley supplied a summary of the background information as printed in the official agenda. Steve Julian, no address given, President, Sentara Obici Hospital, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Ward, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A HELIPAD, ON PROPERTY LOCATED AT 3920 BRIDGE ROAD, ZONING MAP 13, PARCEL 17; C15-16 Public Hearing – A resolution to adopt the Capital Improvements Program and Plan for Fiscal Years 2017-2018 through 2026-2027 Utilizing a PowerPoint presentation, Finance Director Tealan Hansen gave a summation of the background information as printed in the official agenda. Ross Boone, 105 North 6th Street, representing self, opined about the infrastructural needs of older communities. Hearing no other speakers, the public hearing was closed. 4 City Council Regular Meeting February 15, 2017 Referring to presentation, Council Member Milteer called for the identification of the communities that would receive monies for village and neighborhood improvements in the proposed Capital Improvements Program and Plan. City Manager Roberts said $160,000 for Cedar Street in South Suffolk and $640,000 for North Lloyd Street in Lloyd Place has been proposed in the first year of the plan. Referring to the presentation, Council Member Ward called for clarification about the uses for the proposed $1,700,000 for village and neighborhood improvements as presented in the proposed Capital Improvements Program and Plan. City Manager Roberts said that a large part of those funds would be used for ditch enclosures in two specific neighborhoods as previously outlined and future open and park spaces to be determined in the Nansemond River watershed. Members of City Council opined about the proposed Capital Improvements Program and Plan. Referring to the presentation, Vice Mayor Bennett queried about the feasibility of increasing funding for village and neighborhood improvements in the proposed Capital Improvements Program and Plan. City Manager Roberts explained that $800,000 has been proposed for the first year for street improvements, which is an aggressive strategy. He concluded that if City Council directed him to take an even more aggressive approach in the second and third years of the plan, he could employ this approach in the upcoming fall. Members of City Council opined about the proposed Capital Improvements Program and Plan. Council Member Duman, on a motion seconded by Council Member Johnson, moved to direct City Manager Roberts to edit the Capital Improvements Program and Plan and present the following to City Council for consideration: delay the funding for the proposed Firearms Range to Fiscal Year 2019 and investigate the feasibility of more funding for village and neighborhood improvements. Referring to the motion, Mayor Johnson asked whether the above referenced changes to the proposed Capital Improvements Program and Plan need to be voted on separately. Referring to the motion, City Manager Roberts called for information about the impact of any funding edits to the proposed Capital Improvements Program and Plan as it relates to the City’s debt capacity. Finance Director Hansen explained that should City Council wish to see any edits of a financial nature that could potentially impact the City’s debt capacity, thus having a cascading effect. City Manager Roberts added that City Council would need to provide specific direction in the form of a motion regarding specific projects and those edits could be presented to City Council at the March 1, 2017, City Council meeting. Members of City Council opined about the proposed motion and the potential impact on the City’s debt capacity. Referring to the motion, Council Member Goldberg queried about the possible impact of delaying the funding for the proposed Central Library as it relates to the City’s debt capacity. City Manager Roberts reiterated that should City Council wish to see any edits of a financial nature in the Capital Improvements Program and Plan, the body would need to provide specific direction in the form of a motion regarding specific projects and those edits could be presented to City Council at the March 1, 2017, City Council meeting. 5 City Council Regular Meeting February 15, 2017 Referring to the motion, Council Member Duman called for clarification regarding the City’s financial policies as it relates to the percentage of borrowing within a specific year. Finance Director Hansen said that while there is no specific amount identified for borrowing within a specific year, however, it is the recommendation of staff and the City’s financial advisors that the City remain under a $30,000,000 debt ceiling as a guideline in order to keep within the ten year repayment timeframe. On a substitute motion, Council Member Fawcett moved to approve the resolution as presented. The motion failed to receive a second. Referring to the motion, Council Member Goldberg sought an explanation of the potential impact on the City’s debit capacity. City Manager Roberts advised that should City Council approve the proposed motion, staff would need to examine the financial impact within the City’s financial policies. He added that should City Council wish to increase the funding for village and neighborhood improvements, he would strongly recommend considering the matter this upcoming fall. Referring to the motion, Council Member Ward asked about the impact on increased funding for village and neighborhood improvements. City Manager Roberts said that should City Council direct staff to take that action, then staff would proceed in that manner, however, it would be his recommendation to consider the matter this upcoming fall. Members of City Council opined about the proposed motion and the potential impact on the City’s debit capacity. Council Member Duman made an amended motion to direct City Manager Roberts to edit the Capital Improvements Program and Plan and present the following to City Council for consideration at the March 1, 2017, City Council meeting: delay the funding for the proposed Firearms Range to Fiscal Year 2019; delete the language in the Public Schools section regarding the Driver Alternative Center; and to amend the narrative in the Parks and Recreation section regarding “Water Access-Nansemond River deleting “canoe/kayak access” to read “water access”. The motion failed to receive a second. Council Member Duman, on an amended motion seconded by Council Member Johnson, moved to direct City Manager Roberts to edit the Capital Improvements Program and Plan and present the following items to City Council for consideration at the March 1, 2017, City Council meeting: delay the funding for the proposed Firearms Range to Fiscal Year 2019 and to amend the narrative in the Parks and Recreation section regarding “Water Access-Nansemond River deleting “canoe/kayak access” to read “water access”. Council Member Ward queried about the funding for the proposed Driver Alternative Center and the feasibility of using the funding for village and neighborhood improvements. Mayor Johnson advised that the amended motion does not address any changes to the proposed Driver Alternative Center, therefore, the funding would remain in place. Mayor Johnson called on Council Member Duman to restate his amended motion. Council Member Duman, on an amended motion seconded by Council Member Johnson, moved to direct City Manager Roberts to edit the Capital Improvements Program and Plan and present the following items to City Council for consideration at the March 1, 2017, City Council meeting: delay the funding for the proposed Firearms Range to Fiscal Year 2019 and to amend the narrative in the Parks and Recreation section regarding “Water Access-Nansemond River deleting “canoe/kayak access” to read “water access”. 6 City Council Regular Meeting February 15, 2017 Council Member Fawcett inquired about the financial impact of delaying the funding for the proposed Firearms Range to Fiscal Year 2019. City Manager Roberts stated that staff research this matter and present a recommendation to City Council at the March 1, 2017, City Council meeting. Referring to the amended motion, City Attorney Holland advised City Council that it only provides City Manager Roberts with the authority to address the two matters as previously stated and does not include any language requiring him to address these two matters in compliance with the City’s financial policies. City Manager Roberts proposed the following language for City Council’s consideration: an amended motion to direct City Manager Roberts to amend the Capital Improvements Program and Plan to reflect the funding for the proposed Firearms Range moved from years one and two of the plan to years two and three of the plan and to amend the narrative in the Parks and Recreation section regarding “Water Access-Nansemond River deleting “canoe/kayak access” to read “water access” and authorize City Manager Roberts to do other things necessary to keep the funding across all five of the first years within the City’s debt compliance. Council Member Duman, on an amended motion seconded by Council Member Johnson, moved to direct City Manager Roberts to amend the Capital Improvements Program and Plan to reflect the funding for the proposed Firearms Range be moved from years one and two of the plan to years two and three of the plan and to amend the narrative in the Parks and Recreation section regarding “Water Access-Nansemond River deleting “canoe/kayak access” to read “water access” and authorize City Manager Roberts to do other things necessary to keep the funding across all five of the first years within the City’s debt compliance for presentation at the March 1, 2017, City Council meeting, by the following vote: AYES: Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 5 NAYS: Mayor L. Johnson, Vice Mayor Bennett, and Council Member Fawcett 3 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session for March 1, 2017, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a Work Session for March 1, 2017, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 7 City Council Regular Meeting February 15, 2017 NON-AGENDA SPEAKERS Ross Boone, 105 North 6th Street, representing the Rosemont Civic League, opined about the need for capital improvements in older communities. David Bupp, 324 South Main Street, representing self, was not present when called. Valerie Boykin, 112 Robertson Street, representing Alpha Kappa Sorority-Zeta Epsilon Omega Chapter, opined about the following: the restoration of felons voting rights, the importance of public education and an equitable health care system. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination for City Council’s consideration: Economic Development Authority of the City of Suffolk – Oliver Creekmore (Chuckatuck) and Ray Witterheim (Sleepy Hole); Human Services Advisory Board – Ruth Gibson; and Southeastern Virginia Alcohol Safety Action Program – Louvenia Milteer. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward. 8 NAYS: None 0 Mayor Johnson asked the City Manager to invite the Suffolk Public Schools Board to a Joint Work Session on March 1, 2017. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: the announcement of ACE Hardware’s announcement of its expansion plans for the Suffolk Redistribution Center at CenterPoint Intermodal Center; the Suffolk Police Department’s Neighborhood Quality and Crime Perception Telephone Survey; the Virginia Department of Forestry open burn law announcement; Suffolk Humane Society’s adopt-a-thon; the City’s observance of President’s Day holiday; the Suffolk Fire and Rescue Department’s Dedication Ceremony; and the Bicycle and Pedestrian Plan Community Meeting. Council Member Johnson opined about the Capital Improvements Program and Plan. Council Member Ward thanked the speakers in attendance. Council Member Ward opined about the infrastructural needs in older communities. Council Member Duman announced he attended the Suffolk Humane Society Paws for the Arts Fundraiser. Council Member Duman extended his condolences to the family of the late Dr. Milton Liverman, former School Superintendent, Suffolk Public Schools. 8 City Council Regular Meeting February 15, 2017 Council Member Milteer opined about the Capital Improvements Program and Plan. Council Member Fawcett extended his condolences to the family of the late Dr. Milton Liverman, former School Superintendent, Suffolk Public Schools. Council Member Fawcett opined about the announcement of ACE Hardware’s announcement of its expansion plans for the Suffolk Redistribution Center at CenterPoint Intermodal Center. Council Member Fawcett announced he attended the Suffolk Humane Society’s Paws for the Arts Fundraiser. Council Member Fawcett opined about the ongoing Wilroy Road and Nansemond Parkway improvements project. Council Member Fawcett thanked the speakers in attendance. Council Member Goldberg thanked the speakers in attendance. Council Member Goldberg announced he attended the following; the Suffolk Humane Society’s Paws for the Arts Fundraiser; a performance at the Suffolk Center for the Cultural Arts; and various civic league meetings. Vice Mayor Bennett thanked the speakers in attendance. Vice Mayor Bennett extended his condolences to the family of the late Dr. Milton Liverman, former School Superintendent, Suffolk Public Schools. Mayor Johnson thanked the speakers in attendance. Mayor Johnson opined about the presentation from Davenport and Company, the City’s financial advisors, at today’s Work Session. Mayor Johnson thanked City Administration for their efforts with the proposed Capital Improvements Program and Plan. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 9 City Council Regular Meeting February 15, 2017 There being no further business to come before City Council, the regular meeting was adjourned at 9:50 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MARCH 15, 2017 10