City Council Meeting Packets

City Council Regular Meeting May 6, 2015 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 6, 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 the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of May 6, 2015, 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 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 MAY 6, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting May 6, 2015 APPROVAL OF THE MINUTES Council Member Milteer, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the April 15, 2015, 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 Special Presentation – Arson Awareness Week Mayor Johnson presented the above referenced item to Fire Chief Cedric Scott. 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. 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 Fawcett, on a motion seconded by Council Member Duman, 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 Mayor Johnson asked if there were any agenda speakers. City Clerk Dawley advised that there was one request from a citizen to address City Council under this portion of the agenda on Item #11 - Ordinances and Resolutions – Adoption of the proposed Operating and Capital Budget for Fiscal Year 2015-2016 and related ordinances and resolution, as amended. Mayor Johnson asked City Attorney Holland to address the request. City Attorney Holland explained that in City Code Section 2-96 (c) the agenda item entitled “Agenda Speakers” concerns those items listed on the agenda for which no public hearing has been scheduled. At the April 15, 2015, City Council meeting, City Council conducted and closed the scheduled public hearing on these items. Should City Council wish to permit the speaker to address the body tonight, a motion to suspend the Rules of Order and Procedure and approval of two-thirds of the body is required. Chris Dove, no address given, opined about a point of order regarding his request to speak as an agenda speaker. Mayor Johnson called Mr. Dove out of order. 2 City Council Regular Meeting May 6, 2015 Hearing no motion, no action was taken on this matter. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #8 – An ordinance to accept and appropriate proceeds from the Commonwealth of Virginia’s Governor’s Opportunity Fund Consent Agenda Item #9 - A resolution authorizing the City Manager to execute a Utility Service Agreement between the Cities of Suffolk and Chesapeake, Luck Stone Corporation, and Pughsville Properties, LLC for the provision of water and sanitary sewer services by the City of Chesapeake to Tax Map Parcel 13*37 Council Member Fawcett called for a summary on Consent Agenda Items #7 through #9 - an ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport; an ordinance to accept and appropriate proceeds from the Commonwealth of Virginia’s Governor’s Opportunity Fund; and a resolution authorizing the City Manager to execute a Utility Service Agreement between the Cities of Suffolk and Chesapeake, Luck Stone Corporation, and Pughsville Properties, LLC for the provision of water and sanitary sewer services by the City of Chesapeake to Tax Map Parcel 13*37. Referring to Consent Agenda Items #7 and #8, City Manager Cuffee-Glenn submitted an overview of the background information as printed in the official agenda. Referring to Consent Agenda Item #9, Public Utilities Director Albert Moor gave a report on 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 Public Hearing – Proposed Fiscal Year 2015-2016 Downtown Business Overlay District (DBOD) real estate tax increase due to reassessment of 1.36% Utilizing a PowerPoint presentation, Finance Director Lenora Reid offered a review of the background information as printed on the official agenda. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the above referenced item. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting May 6, 2015 ORDINANCES Ordinances and Resolutions – Adoption of the proposed Operating and Capital Budget for Fiscal Year 2015-2016 and related ordinances and resolution as amended Utilizing a PowerPoint presentation, Finance Director Reid supplied a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Duman called for an expenditure reduction summary. Finance Director Reid explained that reductions were made in the City’s internal services funds including the Risk Management Fund, the Information Technology Fund and the Fleet Management Fund. She added that the Other Postemployment Benefits were moved to the Risk Management Fund. Council Member Duman indicated that he would like the following amendment to Section 9 of the proposed “ordinance approving the City Budget and appropriating funds for expenditures contemplated during the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and regulating the payment of money of the City Treasury” – the deletion of “or from the General Fund”. Council Member Goldberg called for an explanation of Section 5 of the proposed “ordinance approving the City Budget and appropriating funds for expenditures contemplated during the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and regulating the payment of money of the City Treasury.” Finance Director Reid indicated that the language is not for planned borrowing but provides for the option if needed. Council Member Goldberg opined about inclusion of Section 5 of the proposed “ordinance approving the City Budget and appropriating funds for expenditures contemplated during the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and regulating the payment of money of the City Treasury.” Finance Director Reid reiterated that the section merely provides for a funding option if needed. Mayor Johnson opined about the inclusion of Section 5 of the proposed “ordinance approving the City Budget and appropriating funds for expenditures contemplated during the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and regulating the payment of money of the City Treasury.” Finance Director Reid stated that she was not aware that the option has been used since her employment with the City. City Manager Cuffee-Glenn added that the option was recommended by the City’s financial advisors and would require City Council’s authorization if utilized. Council Member Johnson asked if the City Manager or the City Treasurer are permitted to borrow funds under Section 5 of the proposed “ordinance approving the City Budget and appropriating funds for expenditures contemplated during the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and regulating the payment of money of the City Treasury.” City Manager Cuffee-Glenn explained that any borrowing would require the authorization of City Council. 4 City Council Regular Meeting May 6, 2015 Council Member Duman, on a motion seconded by Council Member Ward, moved to amend Section 9 of the proposed “ordinance approving the City Budget and appropriating funds for expenditures contemplated during the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and regulating the payment of money of the City Treasury” with the deletion of “or from the General Fund” and approve the remaining ordinances and 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 AN ORDINANCE APPROVING THE CITY BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING JULY 1, 2015, AND ENDING JUNE 30, 2016, AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY AS AMENDED AN ORDINANCE LEVYING REAL PROPERTY TAXES FOR THE TAX YEAR BEGINNING JULY 1, 2015, AND ENDING JUNE 30, 2016 FOLLOWING THE APRIL 15, 2015, AND MAY 6, 2015, PUBLIC HEARINGS ADOPTING 1.36% INCREASE IN THE DOWNTOWN BUSINESS OVERLAY TAXING DISTRICT ASSESSMENT AN ORDINANCE TO LEVY TAXES ON ALL TANGIBLE PERSONAL PROPERTY NOT EITHER EXEMPT FROM TAXATION OR OTHERWISE TAXED FOR THE 2015 AND 2016 TAX YEARS AN ORDINANCE ADOPTING A FEE SCHEDULE FOR THE CITY OF SUFFOLK AN ORDINANCE APPROVING NEW POSITIONS AND REVISED JOB DESCRIPTIONS REGARDING THE FISCAL YEAR 2015-2016 OPERATING AND CAPITAL BUDGET AND CITY FISCAL YEAR 2015-2016 CLASSIFICATION AND COMPENSATION PLAN A RESOLUTION TO PROVIDE FOR A 1% SHIFT IN THE VIRGINIA RETIREMENT SYSTEM EMPLOYEE CONTRIBUTION RATE TO THE EMPLOYEES WITH A RESPECTIVE 1.337% INCREASE IN TOTAL CREDITABLE COMPENSATION AN ORDINANCE AMENDING CHAPTER 82, SECTION 82-557, OF THE CODE OF THE CITY OF SUFFOLK CONCERNING CIGARETTE TAX AN ORDINANCE AMENDING CHAPTER 82, SECTION 82-517, OF THE CODE OF THE CITY OF SUFFOLK CONCERNING TRANSIENT OCCUPANCY TAX AN ORDINANCE AMENDING CHAPTER 50, SECTION 50-81, OF THE CODE OF THE CITY OF SUFFOLK CONCERNING THE LIBRARY DIRECTOR AN ORDINANCE TO APPROPRIATE $220,000 FROM THE CEMETERY FUND UNAPPROPRIATED FUND BALANCE FOR IMPROVEMENTS AND MAINTENANCE AT HOLLY LAWN CEMETERY AND CEDAR HILL CEMETERY 5 City Council Regular Meeting May 6, 2015 RESOLUTIONS Resolution – A resolution to adopt the 2020 Consolidated Plan and Fiscal Year 2015-2016 Annual Action Plan for the City of Suffolk Community Development Block Grant Program and the Western Tidewater Home Consortium Home Investment Partnership Grant Program Vice Mayor Bennett indicated that he would abstain from voting on this item due to his relationship with the Genieve Shelter. Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills provided an overview on the background information as printed in the official agenda. Referring to the presentation, Council Member Milteer solicited information about the areas included in the Community Development Block Grant Program. Planning and Community Development Director Mills stated that eligible census tracks mostly are located in the downtown central core area. Referring to the presentation, Council Member Milteer opined about the connection between family income and neighborhood eligibly for the Community Development Block Grant Program. Planning and Community Development Director Mills replied in the affirmative. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented: AYES: Mayor L. Johnson, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 ABSTAIN: Vice Mayor Bennett 1 A RESOLUTION TO ADOPT THE 2020 CONSOLIDATED PLAN AND FISCAL YEAR 2015-2016 ANNUAL ACTION PLAN FOR THE CITY OF SUFFOLK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE WESTERN TIDEWATER HOME CONSORTIUM HOME INVESTMENT PARTNERSHIP GRANT PROGRAM STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session for May 20, 2015, at 4:00 p.m., unless cancelled Council Member Fawcett, on motion seconded by Council Member Milteer, moved to schedule a Work Session for May 20, 2015, at 4:00 p.m., 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 6 City Council Regular Meeting May 6, 2015 NON-AGENDA SPEAKERS William Newsome, 910 East Washington Street, representing self, opined about the affordability of water. Jeff Brittingham, 428 Market Street, representing the Nansemond Suffolk Volunteer Rescue Squad, addressed the City’s relationship with the Nansemond Suffolk Rescue Squad. Barbara Warren Jones, 311 Scotch Pine Road, representing the Alpha Kappa Alpha Sorority, acknowledged the service of City Manager Cuffee-Glenn. Valerie Boykin, 112 Robertson Street, representing the Alpha Kappa Alpha Sorority, acknowledged the service of City Manager Cuffee-Glenn. NEW BUSINESS City Clerk Dawley presented the following boards and commissions for City Council’s consideration: Planning Commission (effective July 1, 2015) – John Rector; Suffolk Clean Communities Commission – David McMillan and Suffolk Redevelopment and Housing Authority – LaTroy Brinkley. 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 Council Member Duman, on a motion seconded by Council Member Johnson, moved to approve a resolution appointing Patrick Roberts as the Interim City Manager and setting the salary of the Interim City Manager as $168, 663 effective May 16, 2015, 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 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following: the expansion of Goodwill of Central and Coastal Virginia; Suffolk Public Library’s two awards from the Virginia Public Library Directors Association; the City’s Silver Award of Distinction for the 2014 Popular Annual Financial Report; the 2014 Suffolk Citizen Centric Report honored by AGA; the City honored for Excellence in Financial Reporting by the Government Finance Officers Association; the Hampton Roads Chamber of Commerce Valor Awards; the upcoming Law Enforcement Memorial Service; the upcoming Youth Public Safety Academy; the upcoming State of the City; the upcoming Suffolk Humane Society adopt-a-thon; the upcoming Relay for Life; upcoming meetings of the Virginia Department of Transportation on the Route 460 Project Southeast Virginia; the upcoming KidsFest at KidsZone; the upcoming summer burn ban; and the observance of National Public Service Week. 7 City Council Regular Meeting May 6, 2015 Council Member Johnson congratulated Charles Pond on being recognized by the Boy Scouts of America Colonial Virginia Council. Council Member Johnson advised he attended the Suffolk Virginia Cooperative Extension Office’s Food Deserts Documentary and Discussion. Council Member Johnson thanked staff for their service. Council Member Johnson congratulated City Manager Cuffee-Glenn on her new position with the City of Richmond. Council Member Milteer congratulated City Manager Cuffee-Glenn on her new position with the City of Richmond. Council Member Milteer reported that speeding on Route 13/32 has increased and requested enforcement action. Council Member Milteer advised he attended the Suffolk Democratic Committee’s 7th Annual Community Hero Luncheon. Council Member Milteer congratulated Deputy City Manager Roberts on being appointed Interim City Manager. Council Member Fawcett recognized the following: the expansion of the Target Distribution Center; the Emergency Medical Services Operator of the Year; the Suffolk Public Library’s two awards from the Virginia Public Library Directors Association; the Clean Community Commission on the recent Tire Amnesty Day; Suffolk Fire Department Lieutenant Steven A. Henkle, Suffolk Fire Department and the other honorees recognized at the Hampton Roads Chamber of Commerce Valor Awards; and Andy Damani and the other individuals recognized at the Suffolk Democratic Committee’s 7th Annual Community Hero Luncheon. Council Member Fawcett extended his condolences to the family of the late Robert Harrell. Council Member Fawcett advised that he attended the following: the Virginia Modeling Analysis and Simulation Center Open House, the State of the River presentation sponsored by the Nansemond River Preservation Alliance and the Suffolk Wine Festival. Council Member Fawcett congratulated City Manager Cuffee-Glenn on her new position with the City of Richmond. Council Member Goldberg congratulated City Manager Cuffee-Glenn on her new position with the City of Richmond. Council Member Goldberg congratulated Deputy City Manager Roberts on being appointed Interim City Manager. Council Member Goldberg opined about the Operating Budget for Fiscal Year 2015-2016. 8 City Council Regular Meeting May 6, 2015 Council Member Ward advised he attended the Suffolk Virginia Cooperative Extension Office’s Food Deserts Documentary and Discussion. Council Member Ward thanked Public Works Director Nielsen for his assistance with a road repair on College Drive. Council Member Ward reported he attended an event hosted by Project Lifesaver and a meeting of the Pughsville Civic League. Council Member Ward congratulated City Manager Cuffee-Glenn on her new position with the City of Richmond. Council Member Ward opined about the Operating Budget for Fiscal Year 2015-2016. Council Member Duman opined about the following: the Operating Budget for Fiscal Year 2015-2016; the City’s relationship with the Nansemond Suffolk Volunteer Rescue Squad; and the expansion of the Target Distribution Center. Council Member Duman advised he attended the Mutt Strut and the Boy Scouts of America Colonial Virginia Council Breakfast honoring Charles Pond. Council Member Duman opined about an email from a resident complimenting the City’s employees on their service. Council Member Duman extended his condolences to the family of the late Robert Harrell. Council Member Duman congratulated City Manager Cuffee-Glenn on her new position with the City of Richmond. Vice Mayor Bennett congratulated City Manager Cuffee-Glenn on her new position with the City of Richmond. Vice Mayor Bennett congratulated Deputy City Manager Roberts on being appointed Interim City Manager. Vice Mayor Bennett opined about the Operating Budget for Fiscal Year 2015-2016. Vice Mayor Bennett extended his condolences to the family of the late Robert Harrell. Vice Mayor Bennett asked about the mosquito spraying for the Nansemond River Estates community. Vice Mayor Bennett opined about the Suffolk Fire Department. Vice Mayor Bennett reported he attended the following: an event sponsored by Project Lifesaver; the Boy Scouts of America Colonial Virginia Council Breakfast honoring Charles Pond; the opening of the new Suffolk Christian Fellowship Center Food Pantry; and the Suffolk Virginia Cooperative Extension Office’s Food Deserts Documentary and Discussion. City Manager Cuffee-Glenn offered comments on her departure from the City. 9 City Council Regular Meeting May 6, 2015 Mayor Johnson recognized Curtis Byrd from the Office of Congressman J. Randy Forbes. Mayor Johnson announced she would be attending the following: the Grand Opening Event for the new apartments at October at Fair Downs; the National Day of Prayer Breakfast; and the City’s Employee Service Awards Luncheon. Mayor Johnson congratulated City Manager Cuffee-Glenn on her new position with the City of Richmond. Mayor Johnson congratulated Deputy City Manager Roberts on being appointed Interim City Manager Mayor Johnson opined about the following: the Operating Budget for Fiscal Year 2015-2016; the American Heart Association HeartChase and the American Cancer Society Relay for Life. Council Member Duman, on a motion seconded by Council Member Fawcett, 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 9:15 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MAY 20, 2015 10