City Council Meeting Packets

City Council Regular Meeting June 17, 2015 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 17, 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. Patrick G. Roberts, Interim 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 first Closed Meeting of June 17, 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 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 FIRST CLOSED MEETING OF JUNE 17, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED Mayor Johnson announced that the City has earned the AAA bond rating from Fitch Ratings. She introduced David Rose, Senior Vice President, Davenport and Company, the City’s financial advisors, who offered remarks. 1 City Council Regular Meeting June 17, 2015 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the minutes from the May 20, 2015, Regular Meeting and the June 3, 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 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. She also announced that there is a request to amend the agenda to add the following item: Staff Report – Animal Adoption Fees. Hearing no requests for removal any of the items, Mayor Johnson advised that a motion was in order at this time to amend the agenda to add the aforementioned staff report and adopt the remaining agenda as presented. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to amend the agenda to add the aforementioned staff report and adopt the remaining 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 additional funds from the American Library Association’s Libraries Transforming Communities Grant for the City of Suffolk Public Library Consent Agenda Item #8 – A resolution of the City of Suffolk, Virginia certifying its concurrence with the Suffolk City School Board’s election to pay the Virginia Retirement System Board certified rate in the biennium beginning July 1, 2015 in accordance with the appropriation act item 468(H) 2 City Council Regular Meeting June 17, 2015 Consent Agenda Item #9 - An ordinance to accept and appropriate funding from the Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #10 - An ordinance to accept and appropriate excess General Fund Revenues received during Fiscal Year 2014-15, not to exceed $1,300,000, for Fiscal Year 2014-15 approved obligations, building maintenance and generator lease expenses Council Member Fawcett asked for a report on Consent Agenda Item #10 - an ordinance to accept and appropriate excess General Fund Revenues received during Fiscal Year 2014-15, not to exceed $1,300,000, for Fiscal Year 2014-15 approved obligations, building maintenance and generator lease expenses. Council Member Milteer called for a summary of Consent Agenda Item #9 - an ordinance to accept and appropriate funding from the Virginia Department of Aviation for the Suffolk Executive Airport. Vice Mayor Bennett sought a review of Consent Agenda Item #8 - a resolution of the City of Suffolk, Virginia certifying its concurrence with the Suffolk City School Board’s election to pay the Virginia Retirement System Board certified rate in the biennium beginning July 1, 2015 in accordance with the appropriation act item 468(H). Referring to Consent Agenda Items #8 and #9, Interim City Manager Roberts submitted a summation of the background information as printed in the official agenda. Referring to Consent Agenda Item #10, Interim City Manager Roberts provided an overview of the background information as printed in the official agenda utilizing a PowerPoint presentation. 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 – An 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, submitted a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Duman sought an explanation regarding the lack of any growth assumption in assessed value until Fiscal Year 2018. Mr. Rose replied that a conservative assumption was used to err on the side of caution based on the current limited growth in assessed value. 3 City Council Regular Meeting June 17, 2015 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 AUTHORIZING THE ISSUANCE AND SALE OF BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk Section 31-406, Use Regulations and Table 406-1, Principal Uses Permitted in Zoning Districts Concerning Licensed Limited Distillers as a Permitted Use in the Agricultural Zoning District; Appendix A, Definitions Concerning the Definitions of “Animal Shelter, Private”, “Licensed Limited Distillers”, and “Variance”; Appendix B, Submission Requirements, B-6, Zoning Variance or Appeals Applications – OA4-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas offered a report on 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 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 TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK SECTION 31-406, USE REGULATIONS AND TABLE 406-1, PRINCIPAL USES PERMITTED IN ZONING DISTRICTS CONCERNING LICENSED LIMITED DISTILLERS AS A PERMITTED USE IN THE AGRICULTURAL ZONING DISTRICT; APPENDIX A, DEFINITIONS CONCERNING THE DEFINITIONS OF “ANIMAL SHELTER, PRIVATE”, “LICENSED LIMITED DISTILLERS”, AND “VARIANCE”; APPENDIX B, SUBMISSION REQUIREMENTS, B-6, ZONING VARIANCE OR APPEALS APPLICATIONS – OA4-15 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. 4 City Council Regular Meeting June 17, 2015 STAFF REPORTS Staff Report – Animal Adoption Fees Utilizing a PowerPoint presentation, Interim City Manager Roberts submitted an overview of the above referenced item. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to place an ordinance on the July 1, 2015, City Council meeting agenda to amend the adoption fees for animals in the Fiscal Year 2015-2016 Fee Schedule back to the fees in the Fiscal Year 2014-2015 Fee Schedule, 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 MOTIONS Motion – A motion to schedule a Work Session for July 1, 2015, at 4:00 p.m., unless cancelled Council Member Duman, on motion seconded by Council Member Fawcett, moved to schedule a Work Session for July 1, 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 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. NEW BUSINESS City Clerk Dawley presented the following boards and commissions for City Council’s consideration: Community Policy and Management Team – Jewel Goodman (parent representative) and Mary Brantley (private provider organization or association of providers representative); Library Advisory Board – Nancy Creekmore and Sharon Slate; Parks and Recreation Advisory Commission – Judson West; Planning Commission – James Vacalis; and Suffolk Redevelopment and Housing Authority Board of Commissioners – M. Caroline Martin and Regina Hall (resident representative). Council Member Goldberg, on a motion seconded by Council Member Duman, moved to appoint the above referenced individual 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 5 City Council Regular Meeting June 17, 2015 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Tim Kelley reported on the following: the City’s receipt of the overall top fundraising team award from the American Cancer Society for the Relay for Life; a meeting with Mayor Johnson and Rear Admiral Matthew Kohler at the Navy Information Dominance Forces in Harbour View; Tealen Hansen, Finance Department, earned the Virginia Government Finance Officers Certificate; the Senior Citizen Academy Graduation; the Suffolk Police Department’s participation in the Virginia Law Enforcement Torch Run for Special Olympics; the TGIF Summer Concert Series; the Suffolk Humane Society Adopt-a-thon; the Hampton Roads Chamber of Commerce’s Mingle on Main Street; and the City’s severe weather tips and updates webpage. Council Member Johnson reported he attended a luncheon hosted by the American Association of Retired Persons. Council Member Milteer opined about the City’s receipt of the AAA bond rating from Fitch Ratings. Council Member Fawcett congratulated Tealen Hansen, Finance Department, on her receipt of the Virginia Government Finance Officers Certificate. Council Member Fawcett advised he attended the Bennett’s Creek Landing Homeowners’ Association Annual Meeting. Council Member Fawcett opined about the visit by the bond rating agencies and the City’s receipt of the AAA bond rating from Fitch Ratings. Council Member Goldberg opined about the visit by the bond rating agencies and the City’s receipt of the AAA bond rating from Fitch Ratings. Council Member Ward advised he attended a party for his great aunt, Gracie Ward Scott, on the occasion of her 100th birthday. Council Member Ward congratulated Finance Director Leonora Reid on her new position with the City of Richmond. Council Member Ward extended his condolences to Matt Hughes on the loss of his son. Council Member Duman opined about the visit by the bond rating agencies and the City’s receipt of the AAA bond rating from Fitch Ratings. Vice Mayor Bennett opined about the visit by the bond rating agencies and the City’s receipt of the AAA bond rating from Fitch Ratings. Vice Mayor Bennett reported that there were solicitors on Constance Road and Main Street in the right of way this weekend and called on City Administration to research the City’s ordinances governing this activity. Vice Mayor Bennett asked City Administration to provide information regarding the City’s regulations as it relates to charitable cornhole tournaments. 6 City Council Regular Meeting June 17, 2015 Vice Mayor Bennett advised that the residents of Suffolk Meadows would like a “No Thru Traffic” sign posted during the Shoulders Hill Road water transmission main project. Vice Mayor Bennett advised that he attended the Senior Citizens Academy Gradation and the United States Cyber Command Distinguished Visitor’s Day Cyber Guard 2015 event. Mayor Johnson congratulated Tealen Hansen, Finance Department, on her receipt of the Virginia Government Finance Officers Certificate. Mayor Johnson opined about the visit by the bond rating agencies and the City’s receipt of the AAA bond rating from Fitch Ratings. Mayor Johnson reported that she attended the United States Cyber Command Distinguished Visitor’s Day Cyber Guard 2015 event. Mayor Johnson requested that City Council recess for five minutes prior to entering into Closed Session. By unanimous consent, this was approved by City Council. City Clerk Dawley presented the following Closed Session motion for City Council’s consideration: Council Member Fawcett, on a motion seconded by Council Member Duman, moved that City Council convene in a closed meeting for the following purposes, by the following roll call vote: 1. Pursuant to Virginia Code Section 2.2-3711 (A)(1), the assignment, appointment, performance, and salaries of specific appointees of the City, specifically of the City Clerk City Attorney and the City Assessor. AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 City Council recessed at 8:11, and City Council convened in Closed Meeting at 8:16 p.m. The Closed Meeting concluded at 8:42 p.m. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the second Closed Meeting of June 17, 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 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 SECOND CLOSED MEETING OF JUNE 17, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 7 City Council Regular Meeting June 17, 2015 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 8:43 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JULY 1, 2015 8