City Council Meeting Packets

City Council Regular Meeting March 2, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 2, 2016, 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 led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of March 2, 2016, 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 CLOSED MEETING OF MARCH 2, 2016, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 2, 2016 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the minutes from the February 3, 2016, 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 As there were no items on the Consent Agenda, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as presented. 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. CONSENT AGENDA There were no items under this portion of the agenda. PUBLIC HEARINGS There were no items under this portion of the agenda. ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. 2 City Council Regular Meeting March 2, 2016 STAFF REPORTS Staff Report – Energy Performance Contracting Capital Programs and Buildings Director Gerry Jones introduced the following representatives from Damuth Trane, the City’s Energy Performance consultant: President Clint Damuth, Howard Turner and Joerg Paul. Utilizing a PowerPoint presentation, Mr. Damuth and Mr. Turner provided a report on the background information as printed in the official agenda. Referring to the presentation, Council Member Duman queried about potential cost savings should the City partner with Suffolk Public Schools. Mr. Damuth indicated that there would be a cost savings should the City partner with Suffolk Public Schools. Referring to the presentation, Council Member Duman opined about any preliminary assessment of the potential cost savings. Mr. Turner estimated that based on the preliminary assessment of a sampling of buildings there could be an estimated cost savings of $100,000. Mayor Johnson sought clarification about any potential impact on the City’s bond rating. City Manager Roberts indicated that the City’s financial advisors, Davenport and Company, would provide a report prior to any action being taken on this matter in order to maintain the City’s financial health. MOTIONS Motion – A motion to schedule a Work Session for March 16, 2016, at 4:00 p.m., unless cancelled Council Member Fawcett, on motion seconded by Council Member Johnson, moved to schedule a Work Session for March 16, 2016, 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 Howard Barnes, 6056 Mineral Springs Road, was not present when called. Courtney Wolfe, 6428 Old Bullock Circle, representing self, opined about panhandling in North Suffolk. Andy Sweet, 5102 Clipper Cove Lane, representing self, opined about panhandling in North Suffolk and the size of the Suffolk Police Department. Kristine French, 284 West Wexford Drive, was not present when called. Jason Callan, no address given, was not present when called. Mayor Johnson called on City Manager Roberts to provide an update on panhandling. City Manager Roberts advised that City staff was been analyzing the matter and will be providing a recommendation to address the issue. 3 City Council Regular Meeting March 2, 2016 Council Member Duman queried about any current language in the City Code that prohibits solicitation in the median or public right of way. Police Chief Thomas Bennett reported that currently, there is no language in the City Code that prohibits solicitation in the media or the public right of way. He added that panhandling is prohibited only if an individual is soliciting on private property. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Manager Tim Kelley reported on the following: ribbon cuttings for Rite Aid, Dollar Tree and Petco; American Public Works Association Project of the Year Award recipients Sandon Rogers, Public Works Department, and Helen Gabriel, Parks and Recreation Department; the City Assessor’s Office Land Use Program presentations; the Suffolk Police Department Badge Pinning Ceremony and Promotion ceremonies; the Veterans of Foreign Wars Public Safety Presentation; Suffolk Humane Society adopt-a-thon; the Increase the Peace Fashion Show; future presentations on understanding the City's operating budget; a reminder to adjust clocks for daylights savings time; and the City’s roadway maintenance webpage. Council Member Johnson thanked City Assessor Jean Jackson for a presentation at a recent community meeting. Council Member Johnson acknowledged Fire Chief Cedric Scott for the Suffolk Fire and Rescue Department’s Emergency Medical Services Passport Program. Council Member Johnson reported he attended the following: the Suffolk Education Foundation Gala; the Suffolk Art League Annual Antique Show; and the Nansemond Suffolk Branch of NAACP Freedom Fund Banquet. Council Member Johnson commended General Registrar Susan Saunders on the recent primary. Council Member Johnson opined about the Suffolk Art League Open Art Night. Council Member Milteer announced he attended the Suffolk Education Foundation Gala. Council Member Milteer advised that Route 13/32 needed paving. Council Member Fawcett reported he attended the following: ribbon cuttings for Rite Aid, Dollar Tree and Petco; the Suffolk Education Foundation Gala; and the Nansemond Suffolk Branch of NAACP Freedom Fund Banquet. Council Member Fawcett advised he would be participating in the Beech Grove Methodist Church Annual Easter Fundraiser. Council Member Fawcett thanked City Administration for the staff report on Energy Performance Contracting and the update on panhandling. 4 City Council Regular Meeting March 2, 2016 Council Member Goldberg advised that he attended the Nansemond Suffolk Branch of NAACP Freedom Fund Banquet and the Suffolk Center for Culture Arts 10th anniversary celebration. Council Member Ward announced he attended the following: the ribbon cuttings for Rite Aid and Petco; the Nansemond Suffolk Branch of NAACP Freedom Fund Banquet; and the Suffolk Education Foundation Gala. Council Member Ward thanked Police Chief Bennett for the enforcement efforts at the railroad intersection on Wilroy Road and Nansemond Parkway. Council Member Ward opined about panhandling. Council Member Duman reported he attended the following: the Nansemond Suffolk Branch of NAACP Freedom Fund Banquet; the Suffolk Education Foundation Gala; the funeral of the late Fred Cherry; and the Rite Aid ribbon cutting. Council Member Duman opined about the recent primary. Vice Mayor Bennett announced he attended the following: the ribbon cuttings for Dollar Tree and Petco; the Nansemond Suffolk Branch of NAACP Freedom Fund Banquet; and the Suffolk Education Foundation Gala. Vice Mayor Bennett asked City Manager Roberts and City Attorney Holland to look at the recent change of the Nansemond River Precinct polling place from Nansemond River High School to Canaan Baptist Church before the November 2016 election, as he has been contacted by residents about parking concerns at the church. City Attorney Holland explained that it is the responsibility of General Registrar Saunders’ office to select polling places based on the standards of the State Election Board, and once those determinations are made, City Council approves those polling places by ordinance. She added that if any changes were made at this time, the same process would be required. City Attorney Holland recommended that General Registrar Saunders be notified of the concerns by either City Manager Roberts or herself to determine if she would recommend another change in the polling place. Mayor Johnson asked whether a City Council vote would be required to ask General Registrar Saunders to examine a change of the Nansemond River Precinct polling place from Nansemond River High School to Canaan Baptist Church. Mayor Johnson also asked about the status of voter notifications on the most recent changes to polling places. City Attorney Holland replied that a motion approved by City Council directing City Manager Roberts or herself to notify General Registrar Saunders about City Council’s feedback from citizens about this matter is preferred. She added that the Office of Voter Registration has already started notifying residents of the recently approved change in the polling place as a part of their communications plan. Vice Mayor Bennett reported that he did not realize that it would take a motion to ask General Registrar Saunders to look at the recent change of the Nansemond River Precinct polling place from Nansemond River High School to Canaan Baptist Church and would like this motion to be included on the next City Council meeting agenda. City Attorney Holland stated that unless there was a consensus of the City Council as a body, the proper way to proceed with this matter would be by motion. 5 City Council Regular Meeting March 2, 2016 Vice Mayor Bennett queried if he could make a motion tonight to ask General Registrar Saunders to look at the recent change of the Nansemond River Precinct polling place from Nansemond River High School to Canaan Baptist Church and bring back a recommendation to City Council. City Attorney Holland explained that as members of City Council regularly make motions during this portion of the meeting, a motion could be made tonight on this matter as this item does not legally require prior notice to the body but it would require a motion approved by City Council. Vice Mayor Bennett made a motion that City Council would to ask General Registrar Saunders to go back and take a look at the recent change of the Nansemond River Precinct polling place from Nansemond River High School to Canaan Baptist Church because of concerns of voters in that precinct. The motion failed for lack of a second. Mayor Johnson asked Vice Mayor Bennett if he wanted the Nansemond River Precinct polling place to go back to Nansemond River High School. Vice Mayor Bennett said it did not have to go back to Nansemond River High School as long as the polling place is handicapped accessible and has adequate parking. Council Member Ward queried about the timeline for any potential change in the Nansemond River Precinct polling place. Mayor Johnson said that residents have already started receiving notice of the recent change. Council Member Ward asked whether the General Registrar would have enough time before the November election to make the change. Vice Mayor Bennett stated that City Council would need to give General Registrar Saunders direction to take a look at changing the location of the Nansemond River Precinct polling place. City Attorney Holland clarified that City Council can ask General Registrar Saunders to examine relocating the Nansemond River Precinct polling place, as City Council does not have the authority to relocate any polling place. Mayor Johnson called for clarification in City Council’s role in any potential change in a polling place. City Attorney Holland indicated that City Council does not have the authority to change any polling place; the body can only make a request of General Registrar Saunders to make a change in a polling place. Members of City Council opined about the Nansemond River Precinct polling place. Council Member Duman asked Vice Mayor Bennett if there were any other concerns aside from the parking at Canaan Baptist Church. Vice Mayor Bennett indicated that residents expressed concerns about the handicapped accessibility of the doorways of the facility and parking. Council Member Duman opined about the feasibility of a motion to direct City staff to contact General Registrar Saunders to advise her about concerns as reported to Vice Mayor Bennett and take any feasible corrective action to address those concerns. Members of City Council opined about the process of potentially changing polling places. 6 City Council Regular Meeting March 2, 2016 Mayor Johnson called for clarification about the need for a motion to direct City staff to contact General Registrar Saunders to advise her about logistical concerns and take any feasible corrective action to address those concerns. City Attorney Holland replied that if City Council wants to report to General Registrar Saunders that the body has received concerns about the logistics of the Nansemond River Precinct polling place then a motion would be required. Council Member Duman, on a motion seconded by Council Member Goldberg, moved to direct the City staff and the City Attorney to contact General Registrar Saunders regarding logistical concerns as reported to Vice Mayor Bennett about the Nansemond River Precinct polling place. Members of City Council opined about the proposed motion and the status Council Member Duman, on a motion seconded by Council Member Goldberg, moved to direct the City staff and the City Attorney to contact General Registrar Saunders regarding logistical concerns as reported to Vice Mayor Bennett about the Nansemond River Precinct polling place, 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 Mayor Johnson advised she would be attending the Suffolk Police Department Badge Pinning Ceremony. Mayor Johnson announced she attended the following: the Nansemond Suffolk Branch of NAACP Freedom Fund Banquet; the funeral of the late Fred Cherry; the Suffolk Education Foundation Gala; ribbon cuttings for Rite Aid and Petco; the observance of Dr. Seuss Read Across America Day at Nansemond Parkway and Oakland Elementary Schools; and the 241st Anniversary of South Quay Baptist Church. Mayor Johnson extended her condolences to the family of the late Prince William County Police Officer Ashley Guindon. 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 There being no further business to come before City Council, the regular meeting was adjourned at 8:50 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: APRIL 6, 2016 7