City Council Meeting Packets

City Council Regular Meeting March 16, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 16, 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 the Pledge of Allegiance to the Flag. APPROVAL OF THE MINUTES Council Member Duman provided the following amendment to the February 17, 2016, Regular Meeting minutes, page 3 – “Finance Director Hansen explained that in the draft document $80,000 is needed to finish the project next year, but the plan will reflect all previously identified funding in its final version.” Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the February 17, 2016, Work Session, as presented and February 17, 2016, Regular Meeting, as amended above, 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 - National Library Week Utilizing a PowerPoint presentation, Library Director Clint Rudy provided a report regarding ongoing programs and services at Suffolk Public Libraries. Mayor Johnson presented the above referenced item to Library Director Rudy. 1 City Council Regular Meeting March 16, 2016 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 then asked if any members of City Council had questions about any of the Consent Agenda items. Council Member Milteer asked for a report on Consent Agenda Item #11- a resolution to approve an extension addendum to the state-wide Programmatic Project Administration Agreement (PPAA) for Revenue Sharing projects for fiscal years FY2014, FY2015, FY2016 Council Member Fawcett called for a summary of Consent Agenda Items #7, #8, #10 and #12 - an ordinance to accept and appropriate funds from the Library of Virginia Circuit Court Records Preservation Program for the Clerk of the Circuit Court; an ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department; a resolution requesting the Virginia Department of Transportation make certain additions and deletions to the Urban Highway System; and a resolution authorizing the City Manager to amend the Seaboard Coastline Trail (Phase IV) Construction Agreement, respectively. Referring to Consent Agenda Items #7, 8, 10, 11 and 12, City Manager Roberts supplied a summary of the background information as printed in the official agenda. Referring to Consent Agenda Item #12, Council Member Fawcett opined about the progress of the Seaboard Coastline Trail. City Manager Roberts advised that the next phase of the trail will extend from Shoulders Hill Road to Town Point Road. 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 presented and approve the Consent Agenda as presented. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to adopt the agenda as presented and 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 AGENDA SPEAKERS Christine French, 284 West Wexford Drive, representing self, spoke in opposition to Item #17 - an ordinance amending Chapter 54, Section 54-37 of the Code of the City of Suffolk to regulate panhandling Courtney Wolfe, 6428 Olde Bullocks Circle, representing self, spoke in support of Item #17 - an ordinance amending Chapter 54, Section 54-37 of the Code of the City of Suffolk to regulate panhandling Matthew Sutton, 6201 Lance Court, representing self, spoke in support of Item #17 - an ordinance amending Chapter 54, Section 54-37 of the Code of the City of Suffolk to regulate panhandling 2 City Council Regular Meeting March 16, 2016 CONSENT AGENDA The following items were on the Consent Agenda and were previously approved as presented under the Removal of Items from the Consent Agenda and Adoption of the Agenda portion. Consent Agenda Item #7 – An ordinance to accept and appropriate funds from the Library of Virginia Circuit Court Records Preservation Program for the Clerk of the Circuit Court Consent Agenda Item #8 – An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department Consent Agenda Item #9 – An ordinance to accept and appropriate funds from Keep Suffolk Beautiful for the Suffolk Public Library’s Clean it Up, Green it Up initiative Consent Agenda Item #10 – A resolution requesting the Virginia Department of Transportation make certain additions and deletions to the Urban Highway System Consent Agenda Item #11 – A resolution to approve an extension addendum to the state-wide Programmatic Project Administration Agreement (PPAA) for Revenue Sharing projects for fiscal years FY2014, FY2015, FY2016 Consent Agenda Item #12 – A resolution authorizing the City Manager to amend the Seaboard Coastline Trail (Phase IV) Construction Agreement Consent Agenda Item #13 – A resolution confirming the appointment of Durrell Scott Mills as Deputy City Manager Consent Agenda Item #14 – A resolution confirming the appointment of Timothy H. Lamb as Deputy Assessor PUBLIC HEARINGS There were no items under this portion of the agenda. ORDINANCES Ordinance – An ordinance to accept and appropriate Fiscal Year 2015-2016 Community Development Block Grant and Home Investment Partnership Program funding Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas provided a summary of the background information as printed in the official agenda. Council Member Duman, on a motion seconded by Council Member Johnson, 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 3 City Council Regular Meeting March 16, 2016 AN ORDINANCE TO ACCEPT AND APPROPRIATE FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING Ordinance – An ordinance amending Chapter 54, Section 54-37 of the Code of the City of Suffolk to regulate panhandling Utilizing a PowerPoint presentation, Major Clyde Patterson offered a review of the background information as printed in the official agenda. Council Member Fawcett queried about any data regarding car accidents due to an increase in traffic in the northern Suffolk area. Major Patterson stated that he did not have any data on this matter but inferred there has been a rise in the number of car accidents as a result of an increase in traffic in that area. Referring to the presentation, Council Member Goldberg opined about the enforcement of a first violation of the proposed ordinance, as it would be a class 3 misdemeanor. Major Patterson said that it was the Police Department’s intention to issue warnings and provide information about programs available from the Social Services Department prior to any type of enforcement. Referring to the presentation, Council Member Ward sought clarification about the origin of the majority of the calls for service related to panhandling concerns. Major Patterson reiterated that the Police Department has received 102 calls for services over the past 15 months related to panhandling concerns, and the majority of those calls were received from the Harbourview area. Referring to the presentation, Council Member Ward asked about the ownership of the impacted medians, in the event that the proposed ordinance was approved. Major Patterson reported that the proposed ordinance would prohibit panhandling in the median which would be City property. Referring to the presentation, Vice Mayor Bennett called for information about the enforcement of the proposed ordinance. Major Patterson said that it was the Police Department’s intention to issue warnings and provide information about programs available from the Social Services Department prior to any type of enforcement. Council Member Duman moved to continue consideration of the proposed ordinance and allow time to consider other options as it relates to safety as it relates to solicitation on public right of ways. The motion died for lack of a second. Referring to the presentation, Council Member Johnson asked whether the proposed ordinance replaces the City’s existing begging ordinance. Major Patterson replied in the affirmative. Referring to the presentation, Council Member Johnson asked if the proposed ordinance would prohibit individuals from soliciting for charitable car washes on Route 58. Major Patterson explained that the proposed ordinance would prohibit anyone from walking on, standing on or otherwise present in, or going on any public highway including medians within 15 feet of either side of the highway. 4 City Council Regular Meeting March 16, 2016 Referring to the presentation, Council Member Johnson queried about the feasibility of making the proposed ordinance enforceable citywide. City Attorney Holland reported that the United States Court of Appeals for the Fourth Circuit has determined that any citywide panhandling ordinance is unconstitutional, as the First Amendment allows for panhandling and that ordinances governing such must be narrowly tailored to serve a specific governmental purpose or concern. Council Member Fawcett moved to approve the ordinance, as presented. The motion died for lack of a second. Members of City Council opined about the proposed ordinance. Referring to the presentation, Council Member Johnson called for an explanation of the difference between a class two misdemeanor versus a class three misdemeanor. Major Patterson advised that a class two misdemeanor can result in jail time and higher fines than a class three misdemeanor. City Attorney Holland added that the fine cannot be more than $500 for a class three misdemeanor. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: Council Member Duman 1 AN ORDINANCE AMENDING CHAPTER 54, SECTION 54-37 OF THE CODE OF THE CITY OF SUFFOLK TO REGULATE PANHANDLING 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 on April 6, 2016, to consider the adoption of an ordinance authorizing the acquisition of right of way and easements for the Nansemond Parkway-Wilroy Road Intersection Improvements Project Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to schedule the aforementioned public hearing, 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 March 16, 2016 Motion – A motion to schedule a public hearing on April 6, 2016, to consider the adoption of an ordinance authorizing the acquisition of right of way and easements for the College Drive Sidewalk Improvements Project Council Member Fawcett, on a motion seconded by Council Member Duman, moved to schedule the aforementioned public hearing, 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 public hearing on April 6, 2016, to consider the adoption of an ordinance authorizing the acquisition of right of way and easements for the College Drive Roundabout Project Council Member Ward, on a motion seconded by Council Member Duman, moved to schedule the aforementioned public hearing, 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 April 6, 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 April 6, 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 The following individuals opined about the need for Charter Cable in the southern part of the City: Stephen Halley, 2446 Greenway Road, representing self. Rick Current, 212 Rountree Crescent, representing self, was not present. Jim Copeland, 2405 Cherry Grove Road, representing self. Andy Damiani, Post Office Box 1411, representing self, opined about the growth of the City. The following individuals opined about the need for Charter Cable in the southern part of the City: Phillip Dail, 155 Greenway Road, representing self, was not present. Clay Gardner, 1907 Cherry Grove Road, representing self. 6 City Council Regular Meeting March 16, 2016 Nadine Gardner, 1907 Cherry Grove Road, representing self. Carrie Ray Wiser, 2007 Augusta Court, representing self, opined about panhandling. John Ferreira, 1277 Freeman Mill Road, representing self, opined about the need for Charter Cable in the southern part of the City. NEW BUSINESS Council Member Duman, on a motion seconded by Council Member Goldberg, moved to direct City Attorney Holland to review and provide a staff report on the City’s franchise agreement with Charter Communications to include potential remedies regarding availability at the April 20, 2016, City Council meeting and to direct City Manager Roberts to explore alternative options, 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 and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: the newly appointed Deputy City Manager D. Scott Mills and Deputy City Assessor Timothy Lamb; the grand opening of Five Below; the recent Suffolk Police Department Promotional Ceremony; the recent Suffolk Police Department Badge Pinning Ceremony; the observance of Fix a Leak Week; the upcoming Suffolk Restaurant Week; community conversations about the City budget; the upcoming Sleepy Hole Canoe Launch; and the City’s website to register local civic leagues or homeowners’ association. Council Member Milteer opined about the speakers who spoke about the need for Charter Communications in the southern part of the City. Council Member Milteer reported drainage problems on 300 block of Hunter Street and 503 Manning Road. Council Member Ward announced he attend the funeral of the late Henry Blount. Council Member Ward thanked City Administration for assistance with various constituent issues. Council Member Ward opined about the panhandling ordinance. Council Member Johnson thanked residents for attending tonight’s meeting. Council Member Johnson opined about the panhandling ordinance. Council Member Goldberg asked City Manager Roberts for a report on the services available to the homeless. 7 City Council Regular Meeting March 16, 2016 Council Member Goldberg reported he attended a meeting of the Suffolk-Nansemond Historical Society. Council Member Fawcett congratulated Deputy City Manager and Deputy City Assessor Lamb. Council Member Fawcett advised he attended the following: the Suffolk Police Department Promotional Ceremony; the Suffolk Police Department Badge Pinning Ceremony; and the Suffolk Sickle Cell Foundation Banquet. Council Member Fawcett encouraged residents to check their smoke detectors and carbon monoxide detectors. Council Member Fawcett opined about the homeless. Council Member Fawcett Duman announced he attended the Suffolk Police Department Promotional Ceremony. Council Member Duman congratulated the individuals recognized at the Suffolk Police Department Badge Pinning Ceremony, Deputy City Manager Mills and Deputy City Assessor Lamb. Vice Mayor Bennett thanked residents for attending tonight’s meeting. Vice Mayor Bennett opined about the speakers who spoke about the need for Charter Communications to expand services. Vice Mayor Bennett expressed his appreciation to Blair Brothers, Incorporated for sponsoring swimming lessons for local children. Vice Mayor Bennett advised he attend the Suffolk Police Department Promotional Ceremony and the Suffolk Police Department Badge Pinning Ceremony. Vice Mayor Bennett congratulated Deputy City Manager Mills and Deputy City Assessor Lamb. Mayor Johnson reported she attended the Suffolk Police Department Promotional Ceremony and the Suffolk Police Department Badge Pinning Ceremony. Mayor Johnson congratulated Deputy City Manager Mills and Deputy City Assessor Lamb. Mayor Johnson acknowledged Juvenile and Domestic Relations Judge James Wiser. Mayor Johnson opined about the panhandling ordinance and an editorial by Kerry Dougherty in The Virginian-Pilot. Mayor Johnson reported on the following ribbon cuttings: Rite Aid; PetCo; Texas Roadhouse; DSW and Ross. Mayor Johnson advised she attended a community meeting for the Repass Beach area. Mayor Johnson opined about the Norfolk Corporate 5K. 8 City Council Regular Meeting March 16, 2016 Mayor Johnson talked about the upcoming Sleepy Hole Canoe Launch and the WVEC 13 Town Hall. Council Member Fawcett, on a motion seconded by Council Member Duman, 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 9:14 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: APRIL 20, 2016 9