Minutes of the Regular City Council Meeting Held January 14, 2014

January 14, 2014 Regular Meeting

MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD JANUARY 14, 2014

A Regular Meeting of the City Council of the City of Hopewell, Virginia, was held Tuesday, January 14, 2014, at 6:30 p.m. in the City Council Chambers, Municipal Building, 300 North Main Street, Hopewell, Virginia.

PRESENT: Michael C. Bujakowski, Mayor Jasmine E. Gore, Vice Mayor Christina J. Luman-Bailey, Councilor Roosevelt Edwards, Councilor K. Wayne Walton, Councilor Brenda S. Pelham, Councilor Jackie M. Shornak, Councilor

Mark A. Haley, City Manager David C. Fratarcangelo, City Attorney Cynthia Y. Ames, City Clerk ROLL CALL

Mayor Bujakowski opened the meeting at 6:30 p.m. Roll call was taken as follows:

Mayor Bujakowski - present Vice Mayor Gore - present Councilor Luman-Bailey - present Councilor Edwards - ABSENT Arrived at 6:40 p.m. Councilor Walton - present Councilor Pelham - present Councilor Shornak - present CLOSED MEETING

Motion was made by Councilor Luman-Bailey, seconded by Vice Mayor Gore and unanimously passed to resolve to go into closed meeting to discuss performance and salaries of city council appointees (city attorney and city clerk) in accordance with Virginia Code Sec. 2.2-3711 (A) (1); and consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation (code enforcement matters), where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body in accordance with Virginia Code Sec. 2.2-3711 (A) (7); and for discussion or consideration of the acquisition of real property (recreation department and public safety facility) (A) (7); and for discussion or consideration of the acquisition of real property (recreation department/public safety facility) for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public in accordance with Virginia Code Sec. 2.2-3711 (A) (3); and appointments (city council boards and commissions) in accordance with Virginia Code Sec. 2.2-3711 (A) (1). Upon the roll call, the vote resulted: Councilor Pelham - yes Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - ABSENT Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes OPEN MEETING

At 7:34 p.m. Council convened into Open Meeting. Councilors responded to the question: “Were the only matters discussed in the Closed Meeting public business matters lawfully exempted from open meeting requirements; and public business matters identified in the motion to convene into Closed Meeting?” Upon the roll call, the vote resulted as follows:

Councilor Pelham - yes Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes REGULAR MEETING

Mayor Bujakowski opened the regular meeting at 7:38 p.m. Roll call was taken as follows:

Mayor Bujakowski - present Vice Mayor Gore - present Councilor Luman-Bailey - present Councilor Edwards - present Councilor Walton - present Councilor Pelham - present Councilor Shornak - present

Prayer by Chaplain Danny Tucker followed by the Pledge of Allegiance to the Flag of the United States of America.

Mayor Bujakowski thanked Vice Mayor Gore for coordinating the City Council Advance. The downtown business, Celebrities, was thanked for the party prior to the event at the Beacon Theatre.

Councilor Shornak thanked Mark Haley, City Manager; Andrew Hagy, Economic Development Director; Ed Watson, Public Works Director; Herbert M. Bragg, Director of Intergovernmental & Public Affairs, Scott Firestine, Beacon Theatre Liaison; Becky McDonough, Chamber of Commerce Director; Evan Kaufman, Hopewell Downtown Partnership Director; Brad Wells, Beacon Theatre Manager; and Colonel Mark T. McGovern, and Major John Hotek, from the Army Logistics University Basic Officer Leadership Department; in the coordination of a strategic operational plan for the Beacon Theatre’s success as a performing arts venue in the City, Region and State. The first event at the Beacon was a success due to their planning and dedication.

APPROVE/AMEND THE AGENDA

Motion was made by Vice Mayor Gore, seconded by Councilor Luman-Bailey and unanimously passed to approve the agenda.

CONSENT AGENDA

Motion was made by Vice Mayor Gore, seconded by Councilor Luman-Bailey to approve the Consent Agenda. Minutes: 12.10.2013 Regular Meeting; Pending List; Information for Council Review: none; Personnel Change Report & Financial Report; Public Hearings Announcements: none; Routine Approval of Work Sessions: January 28, 2014; February 18, 2014 Budget Work Session; March 18, 2014 Budget Work Session/City Schools Review/City Budget Overview Review; April 15, 2014 Budget Work Session/City Schools Review/City Budget Overall Review; Ordinances on second and final reading: January 14, 2014 Regular Meeting none; Routine Grant Approval: none; Proclamations/Resolutions/Presentations: none. Upon the roll call, the vote resulted: Councilor Pelham - yes Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes

PUBLIC HEARING – REQUEST SUBMITTED BY JAMES R. JONES ON BEHALF OF POWERS MEMORIAL BAPTIST CHURCH TO VACATE SIX THOUSAND SQUARE FEET TO INCLUDE A PORTION OF UNDEVELOPED RIGHT-OF-WAY KNOWN AS MOULTRIE AVENUE LOCATED BETWEEN SUB-PARCEL #’S 014-0400 AND 014-0380, AND A PORTION OF A TEN (10) FOOT ALLEY LOCATED BETWEEN LOTS 9 & 10, AND LOTS 19 & 20, BLOCK 18, BATTLE GROUND ANNEX

This was the night advertised as a Public Hearing to receive public comments regarding the request to consider a request from James R. Jones on behalf of Powers Memorial Baptist Church to vacate six thousand square feet to include a portion of undeveloped right-of-way known as Moultrie Avenue located between Sub-Parcel #’s 014-0400 and 014-0380, and a portion of a ten (10) foot alley located between lots 9 & 10, and lots 19 & 20, block 18, Battle Ground Annex.

The Public Hearing was opened at 7:43 p.m.

David Cloninger from Prince George spoke on behalf of James R. Jones for vacating the requested area of land.

Janice Denton, Ward 5, spoke in favor of vacating the property for houses to be built. The houses would be an asset to Hopewell.

James R. Jones spoke in favor of the property requested to be vacated, so he could build quality houses on the vacated property.

There being no other speakers the Public Hearing was closed at 7:52 p.m.

Motion was made by Councilor Shornak, seconded by Councilor Pelham to adopt an ordinance on first reading vacating six thousand square feet to include a portion of undeveloped right-of-way known as Moultrie Avenue located between Sub-Parcel #’s 014-0400 and 014-0380, and a portion of a ten (10) foot alley located between lots 9 & 10, and lots 19 & 20, block 18, Battle Ground Annex .

Friendly amendment by Councilor Walton, to wave the costs required by city Council Policy CC- 3 (Right-of –Way Vacation).

Councilor Shornak and Councilor Luman-Bailey accepted the friendly amendment.

Upon the roll call, to adopt an ordinance on first reading vacating six thousand square feet to include a portion of undeveloped right-of-way known as Moultrie Avenue located between Sub-Parcel #’s 014-0400 and 014-0380, and a portion of a ten (10) foot alley located between lots 9 & 10, and lots 19 & 20, block 18, Battle Ground Annex, and to wave costs required by city Council Policy CC-3 (Right-of – Way Vacation), the vote resulted:

Councilor Pelham - yes Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes

PUBLIC HEARING - REQUEST SUBMITTED BY JAMES R. JONES ON BEHALF OF POWERS MEMORIAL BAPTIST CHURCH TO VACATE A TOTAL OF THIRTEEN THOUSAND SEVEN HUNDRED FIFTY(13,750) SQUARE FEET TO INCLUDE A PORTION OF UNDEVELOPED RIGHT-A-WAY KNOWN AS HILL AVENUE BETWEEN SUB-PARCEL #’S 014-0281, 014-0270, 014-282 AND 014-0280 AND A PORTION OF A TEN (10) FOOT ALLEY BETWEEN LOTS 6,7,8,9, AND 10, AND LOTS 16, 17, 18, 19, AND 20, BLOCK 12, BATTLE GROUND ANNEX

This was the night advertised as a Public Hearing to receive public comments regarding the request by James R. Jones on behalf of Powers Memorial Baptist Church to vacate a total of thirteen thousand seven hundred fifty(13,750) square feet to include a portion of undeveloped right-a-way known as Hill Avenue between Sub-Parcel #’s 014-0281, 014-0270, 014-282 and 014-0280 and a portion of a ten (10) foot alley between lots 6,7,8,9, and 10, and lots 16, 17, 18, 19, and 20, block 12, Battle Ground Annex.

The Public Hearing was opened at 7:53 p.m.

David Cloninger and James R. Jones both stated the comments are the same for this Public Hearing, as the previous Public Hearing.

There being no other speakers the Public Hearing was closed at 7:59 p.m.

Motion was made by Councilor Shornak, seconded by Vice Mayor Gore, to adopt an ordinance on first reading vacating thirteen thousand seven hundred fifty (13,750) square feet to include a portion of undeveloped right-a-way known as Hill Avenue between Sub-Parcel #’s 014-0281, 014-0270, 014-282 and 014-0280 and a portion of a ten (10) foot alley between lots 6-10, and lots 16-20, block 12, Battle Ground Annex, and to wave costs required by city Council Policy CC-3 (Right-of –Way Vacation). Upon the roll call, the vote resulted:

COMMUNICATIONS FROM CITIZENS

SUSPEND CITY COUNCIL RULES

Motion was made by Vice Mayor Gore, seconded by Councilor Luman-Bailey to suspend the City Council Rules to allow Carolyn Butts to speak about the bus transportation in the City. Upon the roll call, the vote resulted:

Councilor Pelham - yes January 14, 2014 Regular Meeting

Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes

Carolyn Butts stated she hoped City Council would vote for the continuation of the bus service so she could continue to go to doctor appointments.

UNFINISHED BUSINESS – REQUEST TO CONSIDER A CONSIGNMENT SHOP AT 304 WEST BROADWAY BY ALEC SHULL

Motion was made by Councilor Walton, seconded by Councilor Luman-Bailey to resolve to approve the request to operate a consignment shop at 304 West Broadway by Alec Shull.

Tevya Griffin, Director of Neighborhood Assistance and Planning stated the Planning Commission’s original vote was three to one in favor of allowing a consignment shop to be opened at 304 West Broadway. Area residents and business owners did not attend the Public Hearing held by the Planning Commission. Only one letter was received by a business owner stating concerns over guns being sold at the shop. Some councilors were concerned about guns being sold so close to a residential area.

Upon the roll call, to approve the request to operate a consignment shop at 304 West Broadway by Alec Shull, the vote resulted:

Councilor Pelham - NO Councilor Shornak - NO Councilor Luman-Bailey - yes Councilor Edwards - NO Mayor Bujakowski - NO Vice Mayor Gore - NO Councilor Walton - yes

UNFINISHED BUSINESS – CAREER DEVELOPMENT PROGRAM - GAIL VANCE

Motion was made by Councilor Shornak, seconded by Vice Mayor Gore to approve the Career Development Program and authorize the Human Resources Director to continue to work on the program . Upon the roll call, the vote resulted: Councilor Pelham - yes Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes

REGULAR BUSINESS – BUDGET RESOLUTION AMENDMENT FOR FISCAL YEAR 2013- 2014 RECREATION AND PARKS DEPARTMENT ROOFING PROJECT

Motion was made by Councilor Shornak, seconded by Vice Mayor Gore to approve the budget resolution amendment for Fiscal Year 2013-2014 Recreation and Parks Department amending the Capital Project Improvement to increase the funding for the Hopewell Community Center Project by two hundred sixty thousand ($260,000) dollars, from one hundred sixty eight thousand ($168,000) dollars to four hundred twenty eight thousand ($428,000) dollars for the Fiscal Year 2013-2014. Upon the roll call, the vote resulted:

Councilor Shornak filed a Transactional Disclosure Statement her daughter is a City employee.

BUDGET RESOLUTION AMENDMENT

FISCAL YEAR 2013-2014

WHEREAS, at the meeting of the Hopewell City Council held on January 14, 2014, an amended budget for the capital project improvement to increase the funding for the Hopewell Community Center Project by $260,000,from $168,000 to $428,000 for the FY 2013-2014 budget, and,

WHEREAS, sufficient funds exist in the unassigned fund balance accounts;

BE IT, HEREBY, RESOLVED by the City Council of the City of Hopewell:

Sec. 1 The following designated funds and accounts shall be appropriated for the Hopewell Community Center Roofing Project from the general fund balance.

General Fund-011: Resources: Unassigned Fund Balance...... $260,000

Appropriations: Transfer to Capital Fund (071)...... 260,000

Capital Project Fund-071: Resources: Transfer from General Fund...... $260,000

Appropriations: Recreation Center Roof Project (071)...... 260,000

REGULAR BUSINESS – REQUEST REFUND FOR OVER PAYMENT OF 2013 REAL ESTATE TAXES FROM 4115 OLD WOODLAWN LLC IN THE AMOUNT OF THIRTY ONE THOUSAND SIX HUNDRED SEVENTY SIX DOLLARS AND EIGHT CENTS ($31,676.08)

Motion was made by Councilor Luman-Bailey, seconded by Councilor Edwards to resolve to approve refund of over payment of real estate taxes to 4115 Old Woodlawn LLC in the amount of thirty one thousand six hundred seventy six dollars and eight ($31,676.08). Upon the roll call, the vote resulted: Councilor Pelham - yes Councilor Shornak - yes Councilor Luman-Bailey - yes January 14, 2014 Regular Meeting

Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes

REGULAR BUSINESS – CONSIDER A RESOLUTION TO ENDORSE THE FORT LEE JOINT LAND USE STUDY (JLUS) – FINAL REPORT

Denny Morris, Executive Director of the Crater District Planning Commission, introduced Vagn Hanser, the project manager from Benchmark LLC, the company responsible for the JLUS report. The power point presentation covered the surrounding areas of Ft. Lee, which include Hopewell. Noise and land use issues were presented with suggestions on utilization of surrounding land to Ft. Lee. A copy of the presentation is filed in the City Clerk’s office.

Motion was made by Councilor Pelham, and seconded by Councilor Luman-Bailey to approve a resolution endorsing the Fort Lee Joint Land Use Study (JLUS) Final Report. Upon the roll call, the vote resulted: Councilor Pelham - yes Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes

RESOLUTION

A RESOLUTION ENDORSING THE FORT LEE JOINT LAND USE STUDY (JLUS) FINAL REPORT

WHEREAS, Fort Lee is a vital component of the national defense, serving as a key training installation for active and reserve component forces of the Department of Defense; and

WHEREAS, Fort Lee is a key driver of the regional economy with an annual economic impact of $2.4 billion per year, which supports 28,000 direct and indirect jobs throughout the region; and

WHEREAS, it is recognized that growth and development in the communities surrounding Fort Lee may affect the sustainment and growth of the military missions of the installation; and

WHEREAS, it is recognized that the training conducted at Fort Lee may impact the civilian communities surrounding the installation; and

WHEREAS, the communities in the region participated in the Joint Land Use Study to identify strategies by which all parties could work cooperatively to promote growth and development in the region that is compatible with and sustains the military missions of the installation; and

WHEREAS, the JLUS Policy Committee has endorsed the final Fort Lee JLUS report, including the recommended strategies to promote compatible growth in the civilian communities and the sustainment of the military missions at Fort Lee.

Now, Therefore, Be It Resolved that the City Council of Hopewell, Virginia hereby endorses the Fort Lee Joint Land Use Study which promotes compatible growth throughout the region and sustains the military missions at Fort Lee. REGULAR BUSINESS – VIRGINIA FIRST CITIES – KELLY HARRIS-BRAXTON EXECUTIVE DIRECTOR

Kelly Harris-Braxton presented the history of Virginia First Cities and reviewed the impact Virginia First Cities has monetarily on the City of Hopewell. A copy of the presentation is filed in the City Clerk’s office.

REGULAR BUSINESS – SET A PUBLIC HEARING FOR TUESDAY JANUARY 28, 2014 SUBMITTED BY RECREATION AND PARKS

Motion made by Councilor Walton, seconded Councilor Shornak to resolve to set a public hearing for Tuesday, January 28, 2014 to consider leasing approximately three hundred (300) square feet at 1051 Riverside Avenue, Hopewell, Virginia (City Marina) for placement and operation of an ice house vending machine. Upon the roll call, the vote resulted:

AMEND AGENDA

Mark Haley, City Manager, asked for the letter of Intent and the HRWTF Supplement Agreement and the WQIF Grant Agreement be removed from the agenda.

Motion was made by Councilor Luman-Bailey, seconded by Councilor Pelham to remove the letter of Intent and the HRWTF Supplement Agreement and the WQIF Grant Agreement be removed from the agenda. Upon the roll call, the vote resulted:

REGULAR BUSINESS –– CONSIDER TO (A) APPROPRIATE FUNDS IN THE AMOUNT OF ONE HUNDRED EIGHTY TWO THOUSAND ($182,000) TO CONTINUE BUS SERVICE AFTER AUGUST 2014 THROUGH JUNE 30, 2015, OF THE PETERSBURG AUTHORITY TRANSIT CIRCULATOR ROUTE IN HOPEWELL; (B) DISCONTINUE BUS SERVICE AFTER AUGUST 2014 OF THE PETERSBURG AUTHORITY TRANSIT CIRCULATOR ROUTE IN HOPEWELL

Motion was made by Councilor Pelham, seconded by Vice Mayor Gore to resolve to approve after August 2014, to appropriate funds depending on fund availability, in the amount of one hundred eighty two thousand ($182,000) to continue bus service after August 2014 through June 30, 2015.Upon the roll call, the vote resulted:

Councilor Pelham - yes January 14, 2014 Regular Meeting

Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes

REPORTS OF THE CITY CLERK

Motion was made by Councilor Luman-Bailey, seconded by Vice Mayor Gore to resolve to appoint Roger Lee Henry to the Hopewell Redevelopment Housing Authority for an unexpired term extending through 10.31.2014; appoint Herbert F. Townes, Jr. to the Social Services Advisory Board for an unexpired term extending through 10.31.2014; reappoint Dave Anderson, and Kevin Keller, to the HRWTF Commission; appoint Sheriff Luther Sodat to the Riverside Community Corrections Board; and reappoint George S. Elder to the Virginia’s Gateway Region. Upon the roll call, the vote resulted:

Motion was made by Councilor Shornak, seconded by Councilor Pelham to resolve to recommend to the Circuit Court Judge that A. Roland Peacock, Billie S. Glass and James M. Robbins be appointed to the Board of Equalization and that P. Allen Powell be appointed as an alternate to the Board of Equalization for a term extending through December 31, 2014. Upon the roll call, the vote resulted: Councilor Pelham - yes Councilor Shornak - yes Councilor Luman-Bailey - yes Councilor Edwards - yes Mayor Bujakowski - yes Vice Mayor Gore - yes Councilor Walton - yes REPORTS OF CITY COUNCIL

COMMITTEES

Councilor Luman-Bailey reported the Crater Planning District will be using funds from the Ft. Lee Highway improvements for Jefferson Park Road and Route 36.

CITIZEN/COUNCILOR REQUESTS - RENAMING OF TERMINAL STREET TO REV CW HARRIS ST – COUNCILOR EDWARDS

Councilor Edwards announced letters to all of the industries on Terminal Street had been sent, and replies have been positive, in the request to rename the street. Councilor Edwards asked City Council to support the change.

There was a concern for the renaming of the street. The question presented was, had policy been followed for renaming a street. Councilor Edwards suggested the item be moved to the January 28, 2014 agenda. CITIZEN/COUNCILOR REQUESTS - UPDATE ON CITY TRANSPORTATION – VICE MAYOR GORE

Vice Mayor Gore requested this item be removed as a vote had taken place for the bus service to continue.

CITIZEN/COUNCILOR REQUESTS - PRESENTATION FROM THE ECONOMIC DEVELOPMENT AUTHORITY DIRECTOR FOR ENTERPRISE ZONE AND - EDA - BOND ISSUING – VICE MAYOR GORE

Vice Mayor Gore stated the presentation will be on January 28, 2014.

CITIZEN/COUNCILOR REQUESTS - CEDAR LEVEL ROAD PROJECT – PRESENTATION OF AN EFFICIENT AND FEASIBLE OPTION PLANNED BY VDOT – COUNCILOR LUMAN- BAILEY

This item may be presented at the January 28, 2014, however only if a majority of City Council members approve that it be placed on the January 28, 2014 agenda.

COUNCIL COMMUNICATIONS

Councilor Walton stated the recent Beacon event was a success, and the City Marina is now in the process of installing refrigerators and shelves in the store.

Mayor Bujakowski announced ticket sales to upcoming events at the Beacon Theatre are well underway.

Councilor Luman-Bailey wished everyone a Happy New Year.

Councilor Pelham stated the City Council Retreat was a success, and wished all citizens a Happy New Year.

ADJOURNMENT

At 9:53p.m. a motion was made by Councilor Shornak, seconded by Vice Mayor Gore and unanimously passed to adjourn the meeting.

______Michael C. Bujakowski, Mayor ______Cynthia Y. Ames, City Clerk