City Council Meeting Packets

City Council Regular Meeting July 16, 2014 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, July 16, 2014, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor 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. Vice Mayor Brown 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 July 16, 2014, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Parr, 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 JULY 16, 2014, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 16, 2014 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the June 18, 2014, Work Session and Regular Meeting. Council Member Duman, on a substitute motion seconded by Council Member Gardy, moved to amend the June 18, 2014, Regular Session minutes, page six, as follows: “Council Member Parr, on a motion seconded by Council Member Gardy, moved for a 10 minute recess, by the following vote: AYES: Council Members Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson - 7 NAYS: Council Member Duman - 1” and approve the remainder of the minutes from the June 18, 2014, 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 SPECIAL PRESENTATIONS Special Presentation - Suffolk Fire and Rescue Department’s “Fill the Boot Days” Proclamation Mayor Johnson presented the above referenced proclamation to Fire Chief Cedric Scott. Fire Chief Scott introduced Angela Schaffer, Muscular Dystrophy Association, who offered brief remarks. Special Presentation - 2014 National Night Out Invitation and Proclamation Mayor Johnson presented the above referenced proclamation to Police Chief Thomas Bennett. Utilizing a video presentation, Police Chief Bennett and Media and Community Relations Director Diana Klink offered brief remarks. 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 outlined. Council Member Fawcett, 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 There were no speakers under this portion of the agenda. 2 City Council Regular Meeting July 16, 2014 CONSENT AGENDA City Clerk Dawley presented the following items: Consent Agenda Item #7 - an ordinance amending Chapter 18 of the Code of the City of Suffolk to regulate pawnshops Consent Agenda Item #8 - an ordinance amending Chapter 18 of the Code of the City of Suffolk to regulate precious metal dealers Consent Agenda Item #9 - an ordinance amending Chapter 18 of the Code of the City of Suffolk regarding scrap metal Consent Agenda Item #10 - an ordinance amending Chapter 2, Section 2-465 of the Code of the City of Suffolk concerning representatives that serve on the Health and Human Relations Standing Committee Consent Agenda Item #11 - an ordinance to modify the annual budget and use committed fund balance in the Transit Fund not to exceed $64,777 for operating and capital expenses related to public transit in the Transit Fund Consent Agenda Item #12 - an ordinance amending Chapter 74, Streets and Sidewalks, of the Suffolk City Code Consent Agenda Item #13 - an ordinance conveying a variable width permanent utility easement and temporary construction easements to be located on Tax Map Parcel 34G12(2)F*6A*6B to the Hampton Roads Sanitation District Consent Agenda Item #14 - an ordinance conveying a variable width permanent utility easements and temporary construction easements to be located on Tax Map Parcels 33*X, 34*X, 34G9*X, 34G11*X, and 34G12*X to the Hampton Roads Sanitation District Consent Agenda Item #15 - a resolution authorizing execution of the Second Amendment to the Western Tidewater Regional Water Agreement Council Member Parr called for a report on Consent Agenda Item #11 - an ordinance to modify the annual budget and use committed fund balance in the Transit Fund not to exceed $64,777 for operating and capital expenses related to public transit in the Transit Fund Council Member Duman sought a summary of Consent Agenda Item #7 - an ordinance amending Chapter 18 of the Code of the City of Suffolk to regulate pawnshops Referring to Consent Agenda Item #7, Police Chief Bennett submitted a review of the background information as printed in the official agenda. Referring to the presentation, Council Member Duman asked if the State Code regulates the fees and interest pawnshops are permitted to collect. Police Chief Bennett replied in the affirmative. Referring to Consent Agenda #11, Public Works Director Eric Nielsen gave a report on the background information as printed in the official agenda. 3 City Council Regular Meeting July 16, 2014 Council Member Parr, 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 Public Hearing – An ordinance authorizing the acquisition of real property in fee simple, either by agreement or condemnation, for the Portsmouth Boulevard Park and Ride Project Utilizing a PowerPoint presentation, Public Works Director Nielsen supplied an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Vice Mayor Brown, on a motion seconded by Council Member Parr, moved that the ordinance be approved, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE PORTSMOUTH BOULEVARD PARK AND RIDE PROJECT Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, by amending Article 4, Zoning, Section 31-406, Use Regulations, Table 406-1, Principal Uses Permitted in Zoning Districts to add Animal Pounds/Animal Shelters as a conditional use in the RR, Rural Residential zoning district; OA3-14 Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills offered a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Parr, moved that the ordinance be approved, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 4 City Council Regular Meeting July 16, 2014 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, BY AMENDING ARTICLE 4, ZONING, SECTION 31-406, USE REGULATIONS, TABLE 406-1, PRINCIPAL USES PERMITTED IN ZONING DISTRICTS TO ADD ANIMAL POUNDS/ANIMAL SHELTERS AS A CONDITIONAL USE IN THE RR, RURAL RESIDENTIAL ZONING DISTRICT; OA3-14 Public Hearing – An amended and restated ordinance authorizing the issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, David Rose, Senior Vice President, Davenport and Company, the City‘s financial advisors, reviewed the background information as printed in the official agenda. Referring to the presentation, Council Member Duman inquired about the City’s overall financial outlook if Moody’s changed the City’s rating from Aa2 to Aa1. Mr. Rose advised that change would be seen as a positive. Referring to the presentation, Council Member Duman queried about the savings amount if the City were to refinance all $95,000,000 of the bonds. Mr. Rose reported the savings would be $6,000,000, but refinancing the entire debt was not feasible. Janet Gurwell, 105 Brewer Avenue, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing is closed. Vice Mayor Brown, on a motion seconded by Council Member Milteer, moved that the ordinance be approved, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN AMENDED AND RESTATED ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF 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. 5 City Council Regular Meeting July 16, 2014 MOTIONS Motion – A motion to schedule a City Council Retreat for September 25th – 26th, 2014, at 8:30 a.m., at the Health and Human Services Building Council Member Fawcett, on motion seconded by Council Member Duman, moved to schedule a City Council Retreat for September 25th – 26th, 2014, at 8:30 a.m., at the Health and Human Services Building, 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 August 20, 2014, at 4:00 p.m., unless cancelled Council Member Milteer, on motion seconded by Council Member Gardy, moved to schedule a Work Session for August 20 2014, at 4:00 p.m., unless cancelled, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Carolyn White, 4216 Coltrane Avenue, opined about various infrastructural issues in the Pughsville area. Arthur Eliott, 809 Washington Street, representing self, was not present when called. Janet Gurwell, 105 Brewer Avenue, representing self, invited all members of City Council to attend the 2014 Top Cops Banquet. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following nomination for consideration: Tidewater Youth Services Commission – Azeez Felder and James Gordon. Council Member Parr, on a motion seconded by Council Member Fawcett, 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 6 City Council Regular Meeting July 16, 2014 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following items: the rescheduled Stars and Stripes Spectacular; National Night Out Duck Race; Suffolk Humane Society Adopt-a-thon; National Night Out; Friends of the Library book sale; Legends of Main Street: A Suffolk Ghost Walk; distribution points for mosquito control dunks; the City’s mosquito control website; and Suffolk Public Library Tech Petting Zoo. Council Member Duman advised he attended the Sister Cities Commission picnic. Council Member Duman invited residents to attend the rescheduled Stars and Stripes Spectacular. Council Member Milteer opined about the City’s financial health. Council Member Milteer reported that he attended a meeting of the Turlington Park Civic League. Council Member Parr congratulated Reverend Steven Blount on his election as President of the Baptist General Convention of Virginia. Council Member Parr opined about the City’s financial health. Council Member Parr thanked the Public Works Department for their assistance with storm cleanup. Council Member Parr encouraged residents to attend one of the upcoming Route 460 Project town hall meetings. Council Member Fawcett encouraged residents to support the upcoming Fill the Boot fundraiser and National Night Out. Council Member Fawcett advised that he attended the Sister Cities Commission picnic. Council Member Fawcett reported that the construction in the Lee Farm Lane area was resulting in some traffic congestion and asked for assistance in resolving this matter. Council Member Fawcett opined about the City’s financial health. Council Member Ward expressed his appreciation to City Administration for their assistance with infrastructural issues in the College Drive and Huntersville. Council Member indicated that he attended the Sister Cities Commission picnic. Council Member Ward thanked Carolyn and Wayne White for attending tonight’s meeting. Council Member Ward reported a bear sighting in the College Square area. Council Member Ward expressed his appreciation to Dwayne Copeland for hosting an Independence Day cookout. 7 City Council Regular Meeting July 16, 2014 Council Member Ward congratulated Reverend Steven Blount on his election as President of the Baptist General Convention of Virginia. Council Member Gardy indicated that he attended the recent Turlington Park Civic League meeting. Council Member Gardy encouraged residents to support the Fill the Boot Fundraiser. Council Member Gardy opined about the City’s financial health and the recent meeting of the Hampton Roads Transportation Accountability Commission. Council Member Ward thanked City Administration for their assistance on the relocation of the historical marker for the former Rosenwald School in Hunterville. Vice Mayor Brown opined about the quiet zones in the Suffolk Meadows area and City’s financial health. Vice Mayor Brown called for a business education fair. Mayor Johnson congratulated Reverend Steven Blount on his election as President of the Baptist General Convention of Virginia. Mayor Johnson reported on the recent meeting of the Hampton Roads Transportation Accountability Commission and the City’s trip to the bond rating agencies. Mayor Johnson encouraged residents to participate in the upcoming Route 460 Project town hall meetings, Fill the Boot and National Night Out. 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 8:43 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: AUGUST 20, 2014 8