City Council Meeting Packets

City Council Regular Meeting February 4, 2015 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, February 4, 2015, 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. 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 members of Boy Scout Troop 73 and Troop 259 led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of February 4, 2015, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved that the resolution be approved, 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 4, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 4, 2015 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the minutes from the January 5, 2015, Reorganizational 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 asked if any members of City Council wished to remove any Consent Agenda items for separate action. Vice Mayor Bennett called for a summary of Consent Agenda Item #7 - an ordinance to accept and appropriate funds from the Hampton Roads Sanitation District for the Nansemond Parkway and Shoulders Hill Road Intersection Improvement Project Council Member Milteer asked for a report on Consent Agenda Items #7 through #9 - an ordinance to accept and appropriate funds from the Hampton Roads Sanitation District for the Nansemond Parkway and Shoulders Hill Road Intersection Improvement Project; an ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport; and an ordinance to accept and appropriate funds from the American Library Association’s Libraries Transforming Communities Grant for the City of Suffolk Public Library, respectively. Hearing no requests for removal any of the items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as outlined. Council Member Milteer, on a motion seconded by Council Member Fawcett, 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. 2 City Council Regular Meeting February 4, 2015 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Hampton Roads Sanitation District for the Nansemond Parkway and Shoulders Hill Road Intersection Improvement Project Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the American Library Association’s Libraries Transforming Communities Grant for the City of Suffolk Public Library Referring to Consent Agenda Items #7 through #9, City Manager Cuffee-Glenn submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Duman, 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 There were no items under this portion of the agenda. ORDINANCES Ordinance – An ordinance repealing Section 2-91 of the Code of the City of Suffolk concerning council member voting Utilizing a PowerPoint presentation, City Attorney Holland provided a summation of the background information as printed in the official agenda. Council Member Duman, on a motion seconded by Council Member Ward, 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 REPEALING SECTION 2-91 OF THE CODE OF THE CITY OF SUFFOLK CONCERNING COUNCIL MEMBER VOTING 3 City Council Regular Meeting February 4, 2015 Ordinance – An ordinance amending Section 2-39 of the Code of the City of Suffolk related to the code of ethics for members of City Council Utilizing a PowerPoint presentation, City Attorney Holland provided a summation of the background information as printed in the official agenda. Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance, amending proposed section (h) to “The members of City Council shall refrain from publicly discussing matters that are discussed in a closed meeting held after a motion has been approved to discuss specific matters in compliance with the Code of Virginia Section 2.2-3711.” Referring to the presentation, Vice Mayor Bennett asked that the proposed ordinance be continued until after the conclusion of the current General Assembly Session so that any changes to the State’s Conflict of Interest Act can be considered. Members of City Council opined about the proposed ordinance and the proposed motion. Referring to the presentation and the proposed motion, Council Member Johnson asked about the feasibility of approving the ordinance as presented with the deletion of proposed section (h) and the inclusion of proposed section (i). City Attorney Holland advised that City Council could take that action and would only require the reassignment of the letters to the sections. Members of City Council opined about the proposed ordinance and the proposed motion. Referring to the proposed motion, Council Member Milteer requested that the proposed motion be restated. Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance, amending proposed section (h) to “The members of City Council shall refrain from publicly discussing matters that are discussed in a closed meeting held after a motion has been approved to discuss specific matters in compliance with the Code of Virginia Section 2.2-3711.” Members of City Council opined about the proposed ordinance and the proposed motion. Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance, amending proposed section (h) to “The members of City Council shall refrain from publicly discussing matters that are discussed in a closed meeting held after a motion has been approved to discuss specific matters in compliance with the Code of Virginia Section 2.2-3711”, by the following vote: AYES: Mayor L. Johnson, and Council Members Duman, Milteer and Ward 4 NAYS: Vice Mayor Bennett and Council Members Fawcett, Goldberg, and 4 T. Johnson Referring to the failure of the motion, Council Member Milteer and Mayor Johnson queried about the legal impact. City Attorney Holland explained that as the motion for approval failed, there are no changes to this section of the City Code. 4 City Council Regular Meeting February 4, 2015 Council Member Duman moved to approve the proposed ordinance with the deletion of section (h) and replacing it with section (i). City Attorney Holland indicated that the motion was not needed as City Council previously approved an ordinance repealing Section 2-91 of the Code of the City of Suffolk concerning council member voting. 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 public hearing to be held on February 18, 2015, to receive public comment on the proposed Fiscal Year 2016-2025 Capital Improvements Plan Council Member Fawcett, on motion seconded by Council Member Duman, moved to schedule a public hearing to be held on February 18, 2015, to receive public comment on the proposed Fiscal Year 2016-2025 Capital Improvements Plan, 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 Motion – A motion to schedule a Work Session for February 18, 2015, at 4:00 p.m., unless cancelled Council Member Duman, on motion seconded by Council Member Milteer, moved to schedule a Work Session for February 18, 2015, 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 NON-AGENDA SPEAKERS Chris Dove, 852 Colonel Meade Drive, representing self, opined about the City’s purchase of property and requested the City prepare a policy permitting speakers to make presentations to City Council using the audio visual equipment in the City Council Chamber. J. Harold Faulk, 3282 Jackson Road, representing the Nansemond County Training School and Southwestern Elementary School Alumni, thanked City Council for the City’s acceptance of the former the Southwestern Elementary School. 5 City Council Regular Meeting February 4, 2015 NEW BUSINESS City Clerk Dawley presented the following boards and commissions for City Council’s consideration: Early Childhood Development Commission – Lakita Watson (child care provider); Karen Gunter (National Association for the Education of Young children representative), Lori White (Obici representative) and Bonnie Maki (at large representative); Economic Development Authority of the City of Suffolk (Cypress Borough representative) – Wesley King; Suffolk Clean Community Commission – Evelyn Ledbetter; Western Tidewater Water Authority (alternate) – City Attorney Helivi Holland and Wetlands Board – Geoffrey Hinshelwood. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to 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 Vice Mayor Bennett requested a report on transitioning to paperless agendas Council Member Duman asked for information related to the cancellation of a contract between the City and PCI for software used by the City Treasurer. ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following: the opening of the new Emergency Communications Center; Navy Information Dominance Forces Establishment Ceremony; expansion in hours of operation for Suffolk Public Library; the upcoming Suffolk Humane Society adopt-a-thon; the City’s observance of Presidents’ Day; free tax preparation and e-filing services at the Suffolk Workforce Development Center; the City’s online roadway maintenance request webpage; and the City’s Municipal Channel webpage and online programing. Council Member Johnson thanked Public Utilities Director Al Moor for the tour of the City’s various Public Utilities facilities. Council Member Johnson advised he attended the Navy Information Dominance Forces Establishment Ceremony and the Whaleyville Community Center Ribbon Cutting. Council Member Milteer reported on the Whaleyville Community Center Ribbon Cutting. Council Member Fawcett advised he attended the following: United for Children Partner Breakfast; the Navy Information Dominance Forces Establishment Ceremony; and the Whaleyville Community Center Ribbon Cutting. Council Member Goldberg thanked City Administration for their assistance. Council Member Ward reported he attended the following: the Whaleyville Community Center Ribbon Cutting; Riverbend Church Grand Celebration; the Navy Information Dominance Forces Establishment Ceremony; and the Virginia Municipal League Capitol Day. 6 City Council Regular Meeting February 4, 2015 Council Member Ward opined about Mr. Faulk’s comments. Council Member Ward expressed his condolences to the family of the late Bishop Dwight Whitfield. Council Member Duman advised he attended the Whaleyville Community Center Ribbon Cutting and the Navy Information Dominance Forces Establishment Ceremony. Council Member Duman congratulated Jacob Johnson on being named the Chief of the Chuckatuck Volunteer Fire Department. Council Member Duman announced the upcoming Paws for a Cause Suffolk Humane Society Fundraiser. Vice Mayor Bennett reported he attended the following: the Whaleyville Community Center Ribbon Cutting; United for Children Partner Breakfast; and Opening Ceremony for the Virginia Mosquito Association Conference. Vice Mayor Bennett thanked City Treasurer Ronald Williams for his contributions to the Boys and Girls Club and the Genieve Shelter. Vice Mayor Bennett advised he attended a recent Southeastern Public Service Authority Meeting. Vice Mayor Bennett asked about correspondence to City employees limiting their contact with members of City Council. Mayor Johnson called for clarification about Vice Mayor Bennett’s question about correspondence to City employees limiting their contact with members of City Council. Police Chief Thomas Bennett and Fire Chief Cedric Scott both indicated that they were not aware of any such correspondence. Mayor Johnson expressed her condolences to the family of the late Bishop Dwight Whitfield. Mayor Johnson congratulated Jacob Johnson on being named the Chief of the Chuckatuck Volunteer Fire Department. Mayor Johnson reported on the Navy Information Dominance Forces Establishment Ceremony. Mayor Johnson advised she attended a reception hosted by the Hampton Roads Federal Facilities Alliance. Council Member Fawcett, on a motion seconded by Council Member Johnson, 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 7 City Council Regular Meeting February 4, 2015 There being no further business to come before City Council, the regular meeting was adjourned at 8:45 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MARCH 4, 2015 8