City Council Meeting Agendas

City Council Regular Meeting May 2, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 2, 2018, 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 May 2, 2018, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Milteer, 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 MAY 2, 2018, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the minutes from the April 4, 2018, 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 1 City Council Regular Meeting May 2, 2018 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “Fill the Boot Month” Mayor Johnson presented the above referenced item to Fire Chief Cedric Scott and Pam King, who offered comments. Special Presentation - A proclamation in recognition of “Arson Awareness Week” Mayor Johnson presented the above referenced item to Fire Chief Cedric Scott and Lieutenant Charles Chapin, Suffolk Fire Marshal, who offered comments. Special Presentation - A proclamation in recognition of “National Police Officer Memorial Week” Mayor Johnson presented the above referenced item to Police Chief Thomas Bennett, who offered comments. Special Presentation - Presentation of a Life Saving Award to Officer Josie Hall Police Chief Bennett presented the above referenced item to Officer Josie Hall. 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. Vice Mayor Bennett, on a motion seconded by Council Member Duman, 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 Walmart Community Grants for the City of Suffolk Sheriff’s Department Consent Agenda Item #8 - An ordinance to accept and appropriate funds for the Suffolk Sheriff’s Department 2 City Council Regular Meeting May 2, 2018 Consent Agenda Item #9 - An ordinance to accept and appropriate a Byrne/JAG Equipment and Technology Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department Consent Agenda Item #10 - An ordinance to amend Section 38-38 of the Code of the City of Suffolk to remove the Chuckatuck Volunteer Fire Department, Inc. from the City’s official safety program Referring to Consent Agenda Items #7 through #10, City Manager Roberts submitted a review of the background information as printed in the official agenda. Council Member Milteer, 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 – A public hearing to receive public comment on the Proposed Operating and Capital Budget for Fiscal Year 2018-2019 and related Ordinances Utilizing a PowerPoint presentation, Finance Director Tealan Hansen offered a summary of the background information as printed in the official agenda. The following employees of the Office of the Commonwealth’s Attorney spoke in support of funding an additional Assistant Commonwealth's Attorney II position in that office: C. Phillips Ferguson, 150 North Main Street, Commonwealth’s Attorney. Thomas Shaia, 150 North Main Street, Deputy Commonwealth’s Attorney. Vaughn Breedlove, 150 North Main Street, Senior Commonwealth’s Attorney. Marie Walls, 150 North Main Street, Deputy Commonwealth’s Attorney. Joan Turner, 150 North Main Street, Community Outreach Coordinator. Dr. Deran Whitney, 304 Crown Arch, Superintendent, Suffolk Public Schools, spoke in support of the proposed budget as presented. Matt Glassman, 150 North Main Street, Deputy Commonwealth’s Attorney, spoke in support of funding an additional Assistant Commonwealth's Attorney II in that office. Enoch Copeland, 6225 Leafwood Road, Chair, Suffolk School Board, spoke in support of the proposed budget as presented. Ellen Saunders, 6117 West Riverview Avenue, representing Western Tidewater Free Clinic, spoke in support of the proposed budget as presented. 3 City Council Regular Meeting May 2, 2018 Sidney Neighbours, 57 Riverview Avenue, President, Education Association of Suffolk, spoke in support of the proposed budget as presented. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to suspend City Council’s Rules of Order and Procedure to extend the public hearing until all speakers are heard, 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 Linda Bunch, 1697 Wilroy Road, representing Suffolk Fine Arts Commission, spoke in support of an increase in funding for the Suffolk Fine Arts Commission. Jordan Fedderman, 6245 Old Town Point Road, representing self, spoke in support of the proposed budget as presented. James Fedderman, no address provided, Vice President, Virginia Education Association, spoke in support of the proposed budget as presented. Dwayne Sherrick, 105 Popular Grove Crescent, representing self, opined about transparency and spoke in opposition to the proposed increase in real estate taxes and water and sewer rates. David Mitnick, 9126 Vineyard Place, Unit C, Member, Suffolk School Board, spoke in support of the proposed budget. Ruth Jones Nichols, 800 Tidewater Drive, Executive Director, Food Bank of Southeast Virginia and the Eastern Shore, spoke in support of the proposed budget. Angelo Stone, 2109 Arizona Avenue, spoke in support of the funding for ditch improvements in Hollywood. Hearing no additional speakers, the public hearing was closed. Council Member Johnson moved to return the proposed Operating Budget for Fiscal Year 2018-2019 to City Administration to be amended without the inclusion of a real estate tax increase. The motion failed to receive a second. Members of City Council opined about the proposed Operating Budget for Fiscal Year 2018-2019. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to direct City Manager Roberts to amend the proposed Operating Budget for Fiscal Year 2018-2019 to include a real estate tax increase limited to $.02, to include funding for an additional Assistant Commonwealth's Attorney II in the Office of the Commonwealth Attorney, and present to City Council for consideration at the May 16, 2018, City Council meeting. 4 City Council Regular Meeting May 2, 2018 Referring to the motion, Mayor Johnson queried about the opportunity for the public to address an amendment in the proposed budget to include a real estate tax increase limited to $.02. City Manager Roberts reported that the public hearing scheduled for the May 16, 2018, City Council meeting is specifically regarding the proposed increase in the real estate tax rate. Members of City Council opined about the proposed Operating Budget for Fiscal Year 2018-2019. City Manager Roberts sought clarification from City Attorney Holland about any legal requirement for another public hearing, should there be an amendment to the proposed budget to include a real estate tax increase limited to $.02. City Attorney Holland explained that tonight’s public hearing has been held on the proposed budget, and the public hearing scheduled for the May 16, 2018, City Council meeting is specifically regarding the proposed increase in the real estate tax rate. She added that there is no language in the State Code that requires additional comment, should the proposed budget be amended. Referring to the motion, Mayor Johnson opined that, procedurally, there is no place for another public hearing. City Attorney Holland replied in the negative. Council Member Duman on an amended motion moved to direct City Manager Roberts to amend the proposed Operating Budget for Fiscal Year 2018-2019 to include a real estate tax increase limited to $.02, reducing the City’s funding for Suffolk Public School from $4,000,000 to $3,000,000, to include funding for an additional Assistant Commonwealth's Attorney II in the Office of the Commonwealth Attorney, and present to City Council for consideration at the May 16, 2018, City Council meeting. The motion failed to receive a second. Council Member Goldberg queried about other funding sources for additional revenue. City Manager Roberts said that City Administration has met with the Commissioner of the Revenue, the City Treasurer and the City Assessor to review all financial trends and verifiable data to determine the best estimates of revenue. He added that should it be the direction of City Council to amend the proposed budget, he would need to meet with the aforementioned individuals to order to gather more data about potential revenue estimates. Mayor Johnson asked about the increase in the interest income line item. City Manager Roberts said that the interest income line item has been increased from $250,000 to $500,000. Council Member Duman, on an amended motion seconded by Council Member Fawcett, moved to direct City Manager Roberts to amend the proposed Operating Budget for Fiscal Year 2018-2019 to include a real estate tax increase limited to $.02, reduce the City’s funding for Suffolk Public School from $4,000,000 to $3,000,000, to include funding for an additional Assistant Commonwealth's Attorney II in the Office of the Commonwealth Attorney, and present to City Council for consideration at the May 16, 2018, City Council meeting. Members of City Council opined about the amended motion. 5 City Council Regular Meeting May 2, 2018 Mayor Johnson called on Council Member Duman to restate his amended motion. Council Member Duman, on an amended motion seconded by Council Member Fawcett, moved to direct City Manager Roberts to amend the proposed Operating Budget for Fiscal Year 2018-2019 to include a real estate tax increase limited to $.02, reduce the City’s funding for Suffolk Public School from $4,000,000 to $3,000,000, include funding for an additional Assistant Commonwealth's Attorney II in the Office of the Commonwealth Attorney, and present to City Council for consideration at the May 16, 2018, City Council meeting, by the following vote: AYES: Council Members Duman, Fawcett, Goldberg and T. Johnson 4 NAYS: Mayor Johnson, Vice Mayor Bennett, Council Members Milteer and 4 Ward City Council recessed at 9:38 a.m. and reconvened at 9:50 a.m. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to direct City Manager Roberts to amend the proposed Operating Budget for Fiscal Year 2018-2019 to include funding for an additional Assistant Commonwealth's Attorney II in the Office of the Commonwealth Attorney and present to City Council for consideration at the May 16, 2018, City Council meeting, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, Milteer and Ward 6 NAYS: Council Members Duman and T. Johnson 2 Public Hearing – A public hearing to receive public comment regarding a Resolution to adopt the Fiscal Year 2018-2019 Annual Action Plan for the City of Suffolk Community Development Block Grant Program (CDBG) and the Western Tidewater Home Consortium Home Investment Partnership Grant Program (HOME) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley supplied a report on the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Mayor Johnson announced that there is no action necessary tonight regarding this item. 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. 6 City Council Regular Meeting May 2, 2018 MOTIONS Motion – A motion to schedule a Work Session, for May 16, 2018, at 4 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a Work Session for May 16, 2018, at 4 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 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: Suffolk Public Library’s receipt of the Statewide Award for Outstanding Innovative Outreach Effort from the Virginia Public Library Directors Association; Summer Burn Ban; season opening for the Suffolk Farmers’ Market; State of the City; 10th Annual Shake, Rattle and Roll Spring Car Show; Law Enforcement Memorial Service and Commissioner of the Revenue’s Drive- Through High Mileage Adjustment events. Council Member Johnson congratulated Police Chief Bennett on his receipt of the Hometown Heroes Award from the Colonial Trail District of Boy Scouts of America and Fire Chief Scott on his retirement. Council Member Ward congratulated Fire Chief Scott on his retirement and Police Chief Bennett on his receipt of the Hometown Heroes Award from the Colonial Trail District of Boy Scouts of America. Council Member Duman congratulated Police Chief Bennett on his receipt of the Hometown Heroes Award from the Colonial Trail District of Boy Scouts of America. Council Member Duman encouraged residents to attend the Suffolk Humane Society’s Mutt Strut. Council Member Milteer congratulated Fire Chief Scott on his retirement. Council Member Fawcett opined about the following: Suffolk Public Library’s receipt of the Statewide Award for Outstanding Innovative Outreach Effort from the Virginia Public Library Directors Association; Police Chief Bennett’s receipt of the Hometown Heroes Award from the Colonial Trail District of Boy Scouts of America and Fire Chief Scott’s retirement. Council Member Goldberg congratulated Police Chief Bennett on his receipt of the Hometown Heroes Award from the Colonial Trail District of Boy Scouts of America and Fire Chief Scott on his retirement. 7 City Council Regular Meeting May 2, 2018 Vice Mayor Bennett opined about the following: Police Chief Bennett’s receipt of the Hometown Heroes Award from the Colonial Trail District of Boy Scouts of America; Officer Hall’s receipt of the Lifesaving Award; Fill the Boot; Fire Chief Scott’s retirement; the passing of Dr. Sandra DeLoatch; and the Project Lifesaver’s Kentucky Derby fundraiser. Mayor Johnson congratulated Fire Chief Scott on his retirement and Police Chief Bennett on his receipt of the Hometown Heroes Award from the Colonial Trail District of Boy Scouts of America. Mayor Johnson opined about the following: Suffolk Humane Society’s Mutt Strut; Suffolk Farmers’ Market; Fill the Boot; National Day of Prayer and State of the City. Council Member Fawcett, on a motion seconded by Council Member Ward, 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 There being no further business to come before City Council, the regular meeting was adjourned at 10:12 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JUNE 6, 2018 8