December 10, 2013
Regular Meeting
MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD DECEMBER 10, 2013
A Regular Meeting of the City Council of the City of Hopewell, Virginia, was held Tuesday, December 10, 2013, 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
K. Wayne Walton, Councilor
Brenda S. Pelham, Councilor
Mark A. Haley, City Manager
David C. Fratarcangelo, City Attorney
Cynthia Y. Ames, City Clerk
ABSENT: Roosevelt Edwards, Councilor
Jackie M. Shornak, Councilor
ROLL CALL
Mayor Bujakowski opened the meeting at 6:30 p.m. Roll call was taken as follows:
MayorBujakowski-present
Vice Mayor Gore-present
Councilor Luman-Bailey-ABSENT Arrived at 6:35 p.m.
Councilor Edwards-ABSENT
Councilor Walton-present
Councilor Pelham-present
Councilor Shornak-ABSENT
CLOSED MEETING
Motion was made by Councilor Pelham, seconded by Vice Mayor Gore and unanimously passed to resolve to go into closed meeting for discussion or consideration of the acquisition of real property (recreation department) 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); consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation (code enforcement matter), 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); discussion concerning a prospective business (professional services organization) or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community in accordance with Virginia Code Sec. 2.2-3711 (A) (5); discussion of the award of a public contract (Marina) involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body in accordance with Virginia Code Sec. 2.2-3711 (S) (29); appointments (City Council Boards and Commissions) in accordance with Virginia Code sec. 2.2-3711 (a) (1); and to discuss performance of a City Council appointee (City Attorney) in accordance with Virginia Code Sec. 2.2-3711 (A) (1). Upon the roll call, the vote resulted:
Mayor Bujakowski-yes
Vice Mayor Gore-yes
Councilor Walton-yes Councilor Pelham - yes
OPEN MEETING
At 7:36 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 Session?” Upon the roll call, the vote resulted as follows:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-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-ABSENT
Councilor Walton-present
Councilor Pelham-present
Councilor Shornak-ABSENT
Prayer by Herbert Bragg followed by the Pledge of Allegiance to the Flag of the United States of America.
APPROVE/AMEND THE AGENDA
Motion was made by Vice Mayor Gore, seconded by Councilor Luman-Bailey to resolve to amend the agenda. Upon the roll call, the vote resulted:
Councilor Walton-NO
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
Motion was made by Vice Mayor Gore, seconded by Councilor Luman-Bailey to resolve to amend the agenda to add a new item at the end of regular business, to reissue a RFP for the Marina. Upon the roll call the vote resulted:
Councilor Walton-NO
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
CONSENT AGENDA
Motion was made by Councilor Luman-Bailey, seconded by Vice Mayor Gore to approve the Consent Agenda with the amendment to remove C-7. Minutes: 910.2013 Regular Meeting; 9.17.2013Special Meeting; 9.19.2013 Special Meeting; 9.26.2013 Special Meeting; 10.29.2013 Special Meeting; 1.08.2013 Special Meeting; 11.10.20123 Special Meeting; 11.12.2013 Regular Meeting; Pending List; Information for Council Review: none; Personnel Change Report & Financial Report; Public Hearings Announcements: January 14, 2014 (1) Langston Park Apartments, LLC on behalf of the Hopewell Redevelopment and Housing Authority to rezone the Langston Park Housing Community; (2) Vacate a portion of undeveloped Hill Avenue between Lee Street and Jackson Street; (3) Vacate a potion of undeveloped Moultrie Avenue between Jackson Street and Johnson Street; (4) Granting FBN a temporary non-exclusive, easement for pedestrian and vehicular traffic for access, ingress and egress and for parking in an area of City Property; Routine Approval of Work Sessions: January 28, 2014; Routine Grant Approval: none; Proclamations/Resolutions/Presentations: Presentation of the 2012 GFOA award to Jerry Whitaker, Director of Finance for 2012 Excellence in Financial Reporting; Presentation Employee of the Quarter – Thomas Blackwell. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
PROCLAMATIONS/RESOLUTIONS/PRESENTATIONS
The Finance Department for the City of Hopewell received a Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Jerry Whitaker, Director of Finance for the City of Hopewell, accepted the award for the Finance Department.
The Employee of the Quarter, for the third quarter of 2013, was presented to Thomas J. Blackwell, Hopewell Regional Wastewater Treatment Facility, for going above and beyond his regular duties to volunteer without compensation to operate a pilot Biological Monitoring System for the past eight months.
PUBLIC HEARING – CONSIDER AN ORDINANCE AMENDING AND REENACTING DIVISION 4, ENFORCEMENT OF ARTICLE III, SEWER USE STANDARDS, OF CHAPTER 31, SEWERS & SEWAGE DISPOSAL OF THE CODE OF THE CITY OF HOPEWELL TO ALLOW FOR ASSESSMENT OF ADMINISTRATIVE PENALTIES TO INDUSTRIAL USERS THAT VIOLATE APPLICABLE PRETREATMENT REQUIREMENTS CONTAINED IN PERMITS OR ORDERS ISSUED BY THE CITY UNDER THE PROVISIONS OF CHAPTER 31
This was the night advertised as a Public Hearing to receive public comments regarding the request to consider an ordinance amending and reenacting Division 4, Enforcement of Article III, Sewer Use Standards, of Chapter 31, Sewers & Sewage Disposal of the Code of the City of Hopewell to allow for assessment of administrative penalties to industrial users that violate applicable pretreatment requirements contained in permits or orders issued by the City under the provisions of Chapter 31.
The Public Hearing opened at 7:53 p.m.
Kevin Keller, Honeywell, spoke against the ordinance. Honeywell is supportive of the Hopewell Regional Wastewater Treatment Facility and have a direct interest to take care of the plant. Kevin Keller asked City Council to withdraw the ordinance so the industrial plants and the City of Hopewell can work together to create a new ordinance.
There being no other speakers the Public Hearing closed at 8:01 p.m.
Motion was made by Councilor Walton, seconded by Councilor Pelham to adopt an ordinance on first reading amending and reenacting Division 4, Enforcement of Article III, Sewer Use Standards, of Chapter 31, Sewers & Sewage Disposal of the Code of the City of Hopewell to allow for assessment of administrative penalties to industrial users that violate applicable pretreatment requirements contained in permits or orders issued by the City under the provisions of Chapter 31.
DISCUSSION
Several Councilors stated they would like to study the issue, and collaborate with the industrial companies in the City. It is the perception of maintaining relationships which are important at this time.
Upon the roll call, the vote resulted:
Councilor Walton - yes
Councilor Pelham-NO Councilor Luman-Bailey - NO
Mayor Bujakowski-yes
Vice Mayor Gore-NO
REGULAR BUSINESS – DOWNTOWN PARTNERSHIP – YEAR - END REPORT – EVAN KAUFMAN
Evan Kaufman presented the 2013Year End Report for the Downtown Partnership. The numerous events held in the downtown area have been successful. The Branding for the Downtown Area is underway and the reclaiming of buildings in the downtown area is steadily increasing.
REGULAR BUSINESS – CONSIDER AUTHORIZING THE THIRD INSTALLMENT OF $70,000 TO THE DOWNTOWN PARTNERSHIP
Motion was made by Councilor Walton, seconded by Vice Mayor Gore to resolve to authorize the third installment of $70,000 to the Downtown Partnership. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
Councilor Luman-Bailey filed a Transactional Disclosure Statement; she is a volunteer Board Member of the Downtown Partnership.
REGULAR BUSINESS – BUDGET SCHEDULE FOR THE FY 2014-15 – JERRY WHITAKER, DIRECTOR OF FINANCE
Jerry Whitaker, Director of Finance, presented a proposed budget schedule for the FY 2014-15.
Schedule is filed in the City Clerk’s office.
REGULAR BUSINESS – RE-APPROPRIATIONS FOR ENCUMBRANCES FOR THE FY 2013-
14 BUDGET FOR HOPEWELL SCHOOLS IN THE AMOUNT OF $109,539 – DR. FAHEY PRESENTING
Dr. Fahey, Hopewell Superintendent of Schools, presented the re-appropriations for encumbrances for the FY 2013-14 Budget for Hopewell Schools in the amount of $109,539. Dr. Fahey thanked City Council numerous times for their wise decisions.
Motion was made by Councilor Luman-Bailey, seconded by Vice Mayor Gore to resolve to approve the budget resolution amendment Fiscal Year 2013-14 designating funds and accounts shall be re-appropriated for school services from carry over balances, School Operating Fund – 014; resources: carry over for encumbrances $109,539; appropriations: operating expenditures $109,539. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
Councilor Pelham filed a Transactional Disclosure Statement, she is a school employee.
Mayor Bujakowski filed a Transactional Disclosure Statement, his wife is a teacher.
BUDGET RESOLUTION AMENDMENT
FISCAL YEAR 2013-2014
WHEREAS, AT THE MEETING OF THE City Council of the City of Hopewell held on December 10, 2013, an amended budget for the Hopewell Schools of fund encumbrances at the June 30, 3013 was introduced in its complete form of which $109,539.40 is to be re-appropriated for encumbrances for the FY 2013-2014 budget, and,
WHEREAS, sufficient funds exist in the respective fund balance reserve accounts for encumbrances;
BE IT, HEREBY, RESOLVED by the City Council of the City of Hopewell:
Sec. 1 The following designated funds and accounts shall be re-appropriated for school services from carryover balances.
School Operation Fund-014:
Resources:
Carry Over for Encumbrances………………………………………………………. $109,539
Appropriations:
Operating Expenditures……………………………………………………………… $109,539
REGULAR BUSINESS – HOPEWELL POLICE DEPARTMENT AND HUMAN RESOURCES DEPARTMENT – REQUEST FOR TWO FULL-TIME COMMUNICATION OFFICERS - CHIEF JOHN KEOHANE AND GAIL VANCE
John Keohane, Chief of Police, stated the Communication Department has been training Communication Officers for part-time positions for several years, to help keep cost down. When the individuals are trained they take full-time positions in other jurisdictions. Increasing the full-time positions to two Communication Officers, and eliminating three part-time positions, the cost is actually less when you consider the overtime, which is paid out. It cost approximately $99,000 a year for three part-time employees and extra overtime to cover the two shifts. The cost would be lowered to approximately $97,000 a year with two new full-time employees with benefits. Even more money is saved by not having to advertise and train employees.
Motion was made by Councilor Walton, seconded by Vice Mayor Gore to resolve to approve a request for two full time Communication Officers. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REGULAR BUSINESS – PPEA PROPOSAL FOR HOPEWELL REGIONAL WASTEWATER TREATMENT FACILITY ALTERNATIVE 4A-1 LIGHT PHASE 2 NITROGEN REMOVAL PROJECT IMPROVEMENTS
Motion was made by Councilor Luman-Bailey, seconded by Councilor Pelham to resolve to accept the proposal and direct staff to advertise for 60 days. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REGULAR BUSINESS – LEGISLATIVE AGENDA FOR THE CITY OF HOPEWELL, VIRGINIA 1ST CITIES AND VIRGINIA MUNICIPAL LEAGUE
Motion made by Vice Mayor Gore, seconded by Councilor Luman-Bailey to resolve to approve the 2013 Legislative Agenda with the amendment to add the “First Day Introduction Requirement for Bills with Local Fiscal Impacts.” Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REGULAR BUSINESS – BUTTERWORTH LOFTS, LLC – THIRD AMENDMENT TO DEVELOPMENT AGREEMENT – TEVYA GRIFFIN, DIRECTOR OF NEIGHBORHOOD ASSISTANCE AND PLANNING
Motion was made by Councilor Pelham, seconded by Councilor Luman-Bailey to resolve to authorize an extension for 24 months for the development of eight (8) upscale, luxury residential units in the former Butterworth’s Furniture Store Warehouse, located at 244 East Cawson Street, and to resolve to authorize the City Manager to execute the Third Amendment to the Development Agreement upon review and approval of the City Attorney. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REGULAR BUSINESS–HUNTER HOUSE–CONGRESSMAN’S FORBES LETTER CONSIDER PLACING ON FEDERAL LEGISLATIVE AGENDA
Motion was made by Vice Mayor Gore, seconded by Councilor Pelham to approve and authorize the placing of the Hunter House on the Federal Legislative Agenda with the amendment to call the house the Aderholt-Hunter House. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REGULAR BUSINESS - CONSIDER A RESOLUTION IN SUPPORT OF THE CITY OF HOPEWELL’S APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR COMMUNITY-WIDE PETROLEUM AND HAZARDOUS SUBSTANCES BROWNFIELD ASSESSMENT GRANT FUNDS IN THE AMOUNT OF $400,000.00, THE PROCEEDS OF WHICH WILL BE USED TO INVENTORY, CATEGORIZE, ASSESS AND CONDUCT PLANNING AND COMMUNITY INVOLVEMENT TO BROWNFIELD SITES IN HOPEWELL, VIRGINIA
Motion was made by Councilor Bailey, seconded by Vice Mayor Gore to resolve to approve a resolution in support of the City of Hopewell’s application to the United States Environmental Protection Agency for Community–Wide Petroleum and Hazardous Substances Brownfield Assessment Grant Funds in the amount of $400,000.00, the proceeds of which will be used to inventory, categorize, assess and conduct planning and community involvement to Brownfield sites in Hopewell, Virginia. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REGULAR BUSINESS – APPOINT TWO COUNCILORS TO THE LEGISLATIVE COMMITTE
Motion was made by Councilor Luman-Bailey, seconded by Vice Mayor Gore to remove this item from the agenda. Appointments were made. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REGULAR BUSINESS – CONSIDER REISSUING RFP FOR THE CITY MARINA CONTRACT
Motion was made by Vice Mayor Gore, seconded by Councilor Luman –Bailey to resolve to put the City Marina out for re-bid.
Friendly amendment by Councilor Walton to only advertize management be limited to the east side of the Marina Canal.
Vice Mayor Gore and Councilor Luman-Bailey accepted the friendly amendment.
Upon the roll call to resolve to reissue the RFP for the management of the City Marina, limiting the management to the east side of the canal the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - NO
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REPORTS OF THE CITY CLERK
Motion was made by Councilor Luman-Bailey, seconded by Vice Mayor Gore to resolve to appoint Sharon C. Neal, and Irma Gail C. Mahaney to the Downtown Design Review Committee; to postpone appointment for a term extending through 10.31.2014 to the HRHA; appoint Brenda McQueen for a term extending through 10.31.2015 and to reappoint Shirley Brannon for a term extending through 10.31.2017 to the Senior Citizens Advisory Commission; appoint Anne Thorne to the Keep Hopewell Beautiful for a term through 10.31.2017. Upon the roll call, the vote resulted:
Councilor Walton-yes
Councilor Pelham-yes Councilor Luman-Bailey - yes
Mayor Bujakowski-yes
Vice Mayor Gore-yes
REPORTS OF CITY COUNCIL
Councilor Walton reported the construction/rehab to the City Marina is moving forward slowly, due to the recent rain. The ship store is almost complete and the ramp which runs behind the store will be built next, reported Councilor Walton.
COUNCIL COMMUNICATIONS
Councilor Walton attended the Senior Citizens luncheon held at the Community Center. A thank you was extended to the Senior Citizens Advisory Board for their excellent programs for Hopewell’s Senior Citizens.
Vice Mayor Gore thanked Herbert Bragg for representing Hopewell at the Ft. Lee Christmas tree decorating event. .
Councilor Luman-Bailey thanked Ft. Lee for reaching out to Hopewell during the Holiday Season. The Christmas Parade has been rescheduled for December 15, 2013.