City Council Meeting Agendas

City Council Regular Meeting July 18, 2012 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, July 18, 2012, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Charles F. Brown, Vice Mayor Robert C. Barclay IV Leroy Bennett Michael D. Duman Jeffrey L. Gardy Curtis R. Milteer, Sr. Charles D. Parr, Sr. Selena Cuffee-Glenn, 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, and Council Member Milteer provided the Invocation and the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of July 18, 2012, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Parr, on a motion seconded by Council Member Duman, moved that the resolution be adopted, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JULY 18, 2012, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 18, 2012 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the minutes from the June 20, 2012, Work Session and Regular Meeting, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation – 2012 National Night Out Invitation Utilizing a video presentation, Diana Klink and Major Stephanie Burch offered information on the above referenced item as printed in the official agenda. Mayor Johnson presented the proclamation in recognition of this observance. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson called on City Manager Cuffee-Glenn and City Clerk Dawley to provide information about two items needed to be added to tonight’s agenda. City Manager Cuffee-Glenn requested the following item be added to tonight’s agenda: a staff report regarding a major rainfall event on July 11, 2012. City Clerk Dawley advised City Council that the following item has been presented for their consideration for addition to tonight’s agenda: a motion to formally request the six lists of uncollectable and delinquent taxes identified in Section 58.1-3921 of the Code of Virginia from the Treasurer. Mayor Johnson asked if any members of City Council wished to remove the items from the Consent Agenda for separate action. Hearing no requests for removal of the items, Mayor Johnson advised that a motion was in order at this time to amend the agenda to add the two aforementioned items and to adopt the agenda in its entirety. Council Member Parr, on a motion seconded by Council Member Duman, moved to amend the agenda to add the two aforementioned items and to adopt the agenda by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. 2 City Council Regular Meeting July 18, 2012 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 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE WESTERN TIDEWATER HOME INVESTMENT PARTNERSHIP PROGRAM Consent Agenda Item #8 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AVIATION FOR THE SUFFOLK EXECUTIVE AIRPORT Consent Agenda Item #9 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION THROUGH THE FEDERAL HIGHWAY ADMINISTRATION CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FOR THE DESIGN AND CONSTRUCTION OF INTERSECTION AND PARK AND RIDE LOT IMPROVEMENTS Consent Agenda Item #10 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE FEDERAL AND STATE EMERGENCY MANAGEMENT AGENCIES TO THE CONSOLIDATED GRANTS FUND FOR DISASTER RECOVERY EFFORTS RELATED TO HURRICANE IRENE AND TO APPROPRIATE A LOCAL CASH MATCH FROM THE GENERAL FUND TO THE CONSOLIDATED GRANTS FUND Consent Agenda Item #11 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE FIFTH JUDICIAL DISTRICT COMMUNITY CORRECTIONS PROGRAM Consent Agenda #12 - A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL FUNDING ASSISTANCE FROM THE LAND AND WATER CONSERVATION FUND FROM THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION ON BEHALF OF THE NATIONAL PARK SERVICE/UNITED STATES DEPARTMENT OF THE INTERIOR Council Member Duman asked for an outline of Consent Agenda Item #10 - an ordinance to accept and appropriate funds from the federal and state emergency management agencies to the Consolidated Grants Fund for disaster recovery efforts related to Hurricane Irene and to appropriate a local cash match from the General Fund to the Consolidated Grants fund. Council Member Parr called for an overview of Consent Agenda Item #12 - a resolution authorizing application for federal funding assistance from the Land and Water Conservation Fund from the Virginia Department of Conservation and Recreation on behalf of the National Park Service/United States Department of the Interior. Council Member Milteer sought a presentation on Consent Agenda Item #8 - an ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport. 3 City Council Regular Meeting July 18, 2012 Vice Mayor Brown requested a report on Consent Agenda Items #9 and #11 - an ordinance to accept and appropriate funds from the Virginia Department of Transportation through the Federal Highway Administration Congestion Mitigation and Air Quality Improvement Program for the design and construction of intersection and park and ride lot improvements; and an ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program, respectively. Referring to Consent Agenda Item #8, City Manager Cuffee-Glenn supplied a summary of the background information as printed in the official agenda. Referring to Consent Agenda Item #9, City Manager Cuffee-Glenn provided an overview of the background information as printed in the official agenda. Referring to Consent Agenda Item #10, Interim Chief Financial Officer Anne Seward summarized the background information as printed in the official agenda. Referring to Consent Agenda Item #11, City Manager Cuffee-Glenn offered a synopsis of the background information as printed in the official agenda. Referring to Consent Agenda Item #12, City Manager Cuffee-Glenn outlined the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Barclay, moved to approve Consent Agenda, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance granting Conditional Use Permit Request C07-12, submitted by Walter Boyette, applicant, for property owned by Boyette & Costello, LLC, to permit an expansion of an existing indoor public assembly in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills reviewed the background information as printed in the official agenda. Mickey Boyette, no address given, applicant, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 4 City Council Regular Meeting July 18, 2012 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN EXPANSION OF AN EXISTING INDOOR PUBLIC ASSEMBLY ON PROPERTY LOCATED AT 447 WEST WASHINGTON STREET, ZONING MAP 34G17(A), PARCEL 201, C07-12 Public Hearing - An ordinance granting Conditional Use Permit Request C08-12, submitted by Walter and Denise Boyette, applicant and property owners, to permit a bed and breakfast in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills summarized the background information as printed in the official agenda. Mickey Boyette, no address given, applicant, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST ON PROPERTY LOCATED AT 104 SOUTH BROAD STREET, ZONING MAP 34G16(6)A*4*5*6, C08-12 Public Hearing - An ordinance granting Conditional Use Permit Request C09-12, submitted by Melissa Venable on behalf of the Montessori Academy of Virginia, applicant, and Harbourview Partners, property owners to permit a private school and child day care facility in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered an overview of the background information as printed in the official agenda. Pali Divitotweal, no address given, applicant, representing Montessori Academy of Virginia, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Brown, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions, as presented. Council Member Barclay stated that he would abstain from any discussion or action regarding Conditional Use Permit C09-12 per State Code Section 3115(F) due to his firm’s representation of a business that may realize a reasonably foreseeable benefit as a result of City Council’s approval of this item. Referring to the presentation, Council Member Bennett asked if the applicant was amenable to all of the conditions as presented with the proposed ordinance. Mr. Divitotweal replied in the affirmative. 5 City Council Regular Meeting July 18, 2012 Vice Mayor Brown, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Council Members Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 7 NAYS: None 0 ABSTAIN: Council Member Barclay 1 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL AND CHILD DAY CARE FACILITY ON PROPERTY LOCATED 5805 HARBOUR VIEW BOULEVARD, ZONING MAP 6, PARCEL 3*3A-C09-12 Public Hearing - An ordinance amending the approved proffered conditions for the Prentis Place development associated with RZ02-05 (conditional) for property located at 315 West Constance Road Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a synopsis of the background information. Tony Smith, 315 West Constance Road, representing Constance Investors, LLC, spoke in support of the ordinance as presented. Jerry Raby, 315 West Constance Road, Unit 313, representing self, spoke in support of the ordinance as presented. Frances Brown, 12 Riverview Court, representing self, opined about the proposed ordinance as it relates to her community, which is adjacent to the property. Hearing no additional speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Barclay, moved to approve the ordinance as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE TO AMEND THE PROFFERED CONDITIONS FOR THE PRENTIS PLACE DEVELOPMENT – RZ02-05, CONDITIONAL Public Hearing - An ordinance authorizing the issuance and sale of bonds, Series 2012, by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint, David Rose, Davenport and Company, the City’s financial advisors, supplied a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 6 City Council Regular Meeting July 18, 2012 Council Member Parr, on a motion seconded by Council Member Barclay, moved to approve the ordinance as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BONDS, SERIES 2012, BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF Public Hearing - Consideration of an appeal of the Historic Landmarks Commission’s decision to deny a request to demolish a commercial structure located at 420 West Washington Street Utilizing a PowerPoint presentation, Deputy City Manager Roberts and Planning Director Mills offered background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Milteer, moved to approve the appeal. Referring to the motion, City Attorney Holland explained that City Council had three options as it relates to the consideration of the appeal – a motion to reverse, uphold, or modify the decision of the Historic Landmarks Commission. Council Member Parr, on an amended motion seconded by Council Member Milteer, moved to reverse the decision of the Historic Landmarks Commission to deny a request to demolish a commercial structure located at 420 West Washington Street, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 Public Hearing - Consideration of an appeal of the Historic Landmarks Commission’s decision to deny a request to demolish a structure located at 116 Pender Street Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave an overview of the background information as printed in the official agenda. Richard Olczak, 120 Pender Street, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 7 City Council Regular Meeting July 18, 2012 Council Member Parr, on a motion seconded by Council Member Duman, moved to reverse the decision of the Historic Landmarks Commission to deny a request to demolish a structure located at 116 Pender Street, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution - A resolution establishing the Comprehensive Plan Advisory Committee Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a summary of the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Barclay, moved that the resolution be adopted, as presented Referring to the proposed resolution, Council Member Gardy queried about the feasibility of appointing citizens to the proposed committee. Planning and Community Development Director Mills replied that the proposed resolution includes recommendations for appointment from a cross section of the community, and there will be opportunities for residents to participate in the Comprehensive Plan Review process. Referring to the proposed resolution, Council Member Duman inquired about the ability for citizens to attend the committee meetings. Planning and Community Development Director Mills responded in the affirmative. Referring to the proposed resolution, Council Member Bennett asked about the feasibility of appointing citizens to the proposed committee, specifically representatives from the agricultural community. Planning and Community Development Director Mills said that the proposed resolution includes a recommendation to appoint a representative from the Peanut Soil and Water Conservation District. Council Member Parr, on a motion seconded by Council Member Barclay, moved that the resolution be adopted, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 A RESOLUTION ESTABLISHING THE COMPREHENSIVE PLAN ADVISORY COMMITTEE 8 City Council Regular Meeting July 18, 2012 STAFF REPORTS Staff Report – Major Rainfall Event July 11, 2012 Utilizing a PowerPoint presentation Public Works Director Eric Nielsen gave an overview of the above referenced item. Referring to the presentation, Council Member Bennett opined about the Nansemond Parkway improvements, specifically the installation of new pipes and the impact on the church at the intersection of Nansemond Parkway and Shoulders Hill Road. Public Works Director Nielsen explained that the City has been working with the project’s design firm, and the City has been assured that the ditch adjacent to that property will be able to handle a similar water load. Referring to the presentation, Council Member Barclay sought information about the use of an eight inch pump on Nansemond Parkway until the new pipes can be installed. Public Works Director Nielsen replied in the affirmative. Referring to the presentation, Council Member Barclay queried about the previous incidents of flooding at the Nansemond Parkway and Shoulders Hill Road. Public Works Director Nielsen stated that there have been previous incidents of flooding in that area. Referring to the presentation, Council Member Duman opined that the existing pipes will remain in place and be supplemented by twin 58 inch pipes. Public Works Director Nielsen replied in the affirmative. MOTIONS Motion - A motion to schedule a Work Session for August 15, 2012, at 4:00 p.m., unless canceled Council Member Gardy, on motion seconded by Council Member Barclay, moved to schedule a Work Session for August 15, 2012, at 4:00 p.m., unless canceled, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 City Clerk Dawley presented the following item for City Council’s consideration: Motion - A motion to formally request the six lists of uncollectable and delinquent taxes identified in Section 58.1-3921 of the Code of Virginia from the Treasurer Council Member Parr, on a motion from Council Member Duman, moved to approve the motion, as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 9 City Council Regular Meeting July 18, 2012 Referring to the motion, Council Member Barclay asked if the motion was required in order to get the information. City Attorney Holland said that City Treasurer Ronald Williams has requested that City Council act as a body should they wish to receive the delinquent tax information. NON-AGENDA SPEAKERS Arthur Elliott, 809 West Washington Street, was not present when called. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley reported that the following boards and commissions nominations have been provided for City Council’s consideration: Advisory Commission for Persons with Disabilities - Fritz A. Whitfield; Clean Community Commission - Susan P. Davis; Community Policy and Management Team - Jewel Goodman; Fine Arts Commission - Susan Blair and Vivian May; Local Board of Building Code Appeals - William Flythe and Jesse Canada; Substance Abuse and Youth Council - Laurna Taylor; and Welfare Advisory Board Catherine Jones. Council Member Milteer, on a motion seconded by Council Member Parr, moved to nominate and appoint the aforementioned individuals, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Council Member Duman expressed his appreciation to City staff for their assistance with various constituents’ concerns. Council Member Duman reported that he attended the following events: the American Red Cross-Suffolk Chapter Volunteer Recognition Banquet; the City’s Independence Day Celebration; the Public Safety Standing Committee meeting; and the Suffolk Humane Society Fundraiser. Council Member Duman announced on the upcoming Greater Chuckatuck/Oakland Civic League meeting. Council Member Barclay reported on a recent meeting of the Hampton Roads Transportation Planning Organization. Council Member Gardy said that he attended the following events: the Public Safety Standing Committee meeting; a fundraiser for Police Officer James Winslow, who was injured in the line of duty; and the ribbon cutting for the Hog Pen Restaurant. Council Member Bennett announced the attended the Health and Human Services Standing Committee meeting and the City’s Independence Day Celebration. 10 City Council Regular Meeting July 18, 2012 Council Member Bennett requested that Public Works Director Eric Nielsen provide an update on the Nansemond Parkway widening project at an upcoming meeting in the Suffolk Meadows area. Council Member Parr advised that he attended the 100th birthday celebration of Mrs. Mable Riddick. Council Member Parr expressed his appreciation to David Rose, Davenport and Company, the City’s financial advisors. Council Member Parr complimented City staff on the effectiveness of the shuttle system for the City’s Independence Day Celebration. Council Member Parr commended the Tourism Division for receiving recognition from the Virginia Association of Convention and Visitors Bureau. Council Member Parr praised the Suffolk Fire Department Emergency Medical Services Division for receiving recognition from the Tidewater Emergency Services Council. Council Member Milteer reported that there were dead trees on Airport Road and Copeland Road and at 317 South Main Street. Council Member Milteer advised that he had been notified of overgrown grass near the City’s motor pool. Council Member Milteer expressed his appreciation to David Rose, Davenport and Company, the City’s financial advisors. Vice Mayor Brown expressed his appreciation to David Rose, Davenport and Company, the City’s financial advisors. Vice Mayor Brown announced the upcoming Suffolk Riverfront Jazz Festival. Vice Mayor Brown thanked City Manager Cuffee-Glenn for addressing residents’ concerns. Council Member Parr advised that new voter registration cards are being sent out to residents. Mayor Johnson opined about the various land use items that were approved under the Public Hearing portion of tonight’s agenda. Mayor Johnson reported on a recent visit from Virginia Department of Transportation Commissioner Greg Whirley. Mayor Johnson advised she attended the following events: the ACE Hardware Redistribution Center ribbon cutting; the Suffolk Humane Society Fundraiser; and the ribbon cutting for the Hog Pen Restaurant. 11 City Council Regular Meeting July 18, 2012 ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:11 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: August 15, 2012 12