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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · December 5, 2012

AgendaMinutes

Minutes

City Council Regular Meeting December 5, 2012 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, December 5, 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 December 5, 2012, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Duman, moved that the resolution be approved, 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 DECEMBER 5, 2012, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 5, 2012 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the November 7, 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 Mayor Johnson advised that there was a request for an amendment to tonight’s agenda. Council Member Gardy said that Lauren Doughtie, who recently qualified for the Ladies Professional Golf Association Tour, was in attendance tonight, and he wanted to introduce her under the Special Presentations portion of tonight’s proceedings. Council Member Gardy, on a motion seconded by Council Member Parr, moved to amend the agenda to include a Special Presentation to introduce Lauren Doughtie, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation – Introduction of Lauren Doughtie, new member of the Ladies Professional Golf Association Tour Council Member Gardy introduced Lauren Doughtie, who recently qualified as a full playing member on the Ladies Professional Golf Association Tour. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA 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 adopt the agenda in its entirety. Council Member Parr, on a motion seconded by Council Member Duman, moved to adopt the agenda, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 2 City Council Regular Meeting December 5, 2012 AGENDA SPEAKERS Jesse Williams, 114 General Early Drive, Chair, Agricultural, Forrestal and Open Space Advisory Committee, opined about item number 18 - an ordinance repealing Sections 2-481 through 2-482 of the Code of the City of Suffolk abolishing the Agricultural, Forrestal and Open Space Advisory Committee and abandoning Term 11 of existing open space use agreements. Council Member Bennett, on a motion seconded by Council Member Duman, moved to extend Mr. Williams’ speaking time by an additional two minutes, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 Jesse Williams, 114 General Early Drive, Chair, Agricultural, Forrestal and Open Space Advisory Committee, opined about item number 18 - an ordinance repealing Sections 2-481 through 2-482 of the Code of the City of Suffolk abolishing the Agricultural, Forrestal and Open Space Advisory Committee and abandoning Term 11 of existing open space use agreements. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - AN ORDINANCE TO ACCEPT AND APPROPRIATE A PUBLIC SAFETY GRANT FROM THE TARGET CORPORATION IN SUPPORT OF THE SUFFOLK POLICE DEPARTMENT Consent Agenda Item #8 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FOR THE SUFFOLK DEPARTMENT OF SOCIAL SERVICES FROM THE OBICI HEALTHCARE FOUNDATION TO IMPROVE ACCESS TO BASIC HEALTHCARE Consent Agenda Item #9 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE CITY OF SUFFOLK LITTER PREVENTION AND RECYCLING PROGRAM Vice Mayor Brown asked for outlines of Consent Agenda Item #7, #8 and #9 - an ordinance to accept and appropriate a public safety grant from the Target Corporation in support of the Suffolk Police Department; an ordinance to accept and appropriate funds for the Suffolk Department of Social Services from the Obici Healthcare Foundation to improve access to basic healthcare; and an ordinance to accept and appropriate funds from the Virginia Department of Environmental Equality for the City of Suffolk Litter Prevention and Recycling Program, respectively. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn supplied a summary of the background information as printed in the official agenda. Referring to Consent Agenda Item #8, City Manager Cuffee-Glenn provided an overview of the background information as printed in the official agenda. 3 City Council Regular Meeting December 5, 2012 Referring to Consent Agenda Item #9, City Manager Cuffee-Glenn offered a synopsis of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the 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 authorizing the acquisition of permanent and temporary easements, either by agreement or condemnation, for the Village of Holland Water Transmission Main Project Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor reviewed the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Vice Mayor Brown, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE VILLAGE OF HOLLAND WATER TRANSMISSION MAIN PROJECT Public Hearing - Appeal of Historic Landmarks Commission Decision – Certificate of Appropriateness Request HC-2012-42 by Michael F. Leban on behalf of Shanda Harper (property owner) for relocation of a door on a commercial structure located at 131 Wellons Street Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills reviewed the background information as printed in the official agenda. Clarence Gamble, 200 Wellons Street, representing self, spoke in opposition to the request for an appeal. Steven Eley, 128 Wellons Street, representing self, spoke in opposition to the request for an appeal. Mohammad Desahi, no address given, representing self, spoke in support of the request for an appeal. Hearing no additional speakers, the public hearing was closed. 4 City Council Regular Meeting December 5, 2012 Referring to the presentation, Council Member Parr called for an overview regarding the approvals for the other entrances on the building. Planning and Community Development Director Mills said that staff approved the replacement of the original door, but staff is unaware of any approvals for the other entrance. Referring to the presentation, Council Member Parr queried about the feasibility of installing a swinging door. Mr. Desahi said that it is the preference of the property owner to have the door relocated in order to provide for more space. Referring to the presentation, Council Member Parr inquired about the possibility of switching the hinges on the existing door. Mr. Desahi replied that might be feasible but would result in customers at the counter blocking the door. Referring to the presentation, Mayor Johnson asked about the feasibility of moving the counter. Mr. Desahi clarified that might be feasible but it is preference of the property owner to have the door relocated. Council Member Barclay, on a motion seconded by Council Member Bennett, moved to deny the request. Mayor Johnson advised that the motion would need to be to affirm the decision of the Historic Landmarks Commission. Council Member Barclay, on an amended motion seconded by Council Member Bennett, moved to affirm the decision of the Historic Landmarks Commission, by the following vote: AYES: Council Members Barclay, Bennett, Milteer, Parr, Brown, and Johnson 6 NAYS: Council Members Duman and Gardy 2 Public Hearing - An ordinance granting Conditional Use Permit Request C13-12 submitted by Whitney G. Saunders on behalf of Linda B. and Robert G. Bates, property owners, to permit the operation of a commercial stable in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills supplied a summation of the background information as printed in the official agenda. Whitney G. Saunders, 705 West Washington Street, Saunders and Ojeda, representing Linda B. and Robert G. Bates, property owners, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 5 City Council Regular Meeting December 5, 2012 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A COMMERCIAL STABLE OF PROPERTY LOCATED AT 2601 ROBIN HOOD TRAIL, ZONING MAP 19F, PARCEL 32 – C13-12 Public Hearing - An ordinance granting Conditional Use Permit Request C18-12, submitted by Whitney G. Saunders, on the behalf John and Lisa Byrne of East Side Rides, LLC, applicant, and Raymond A. Daughtrey, Sr. and Dorothy B. Daughtrey, Trustees, property owners, to permit an automobile repair (major) in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a report on the background information as printed in the official agenda. Whitney G. Saunders, 705 West Washington Street, Saunders and Ojeda, representing John and Lisa Byrne of East Side Rides, LLC, applicant, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council, Member Duman asked about the inclusion of any conditions regarding the storage of vehicles on the parcel. Planning and Community Development Director Mills said that the proposed ordinance does not include any conditions regarding the storage of vehicles, and should City Council wish to address that issue, an amendment would be in order. Council Member Duman, on a substitute motion seconded by Council Member Barclay, moved to approve the ordinance with conditions one, two and three as presented and add condition four as follows: limit the number of vehicles stored outside to a maximum of six (6) vehicles for a period of no more than sixty (60) days, by the following 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 MAJOR AUTOMOBILE REPAIR USE LOCATED AT 6701 RURITAN BOULEVARD, ZONING MAP NUMBER 40A, PARCEL 4 Public Hearing - Street Vacation Request, SV02-12, submitted by Michael H. Nuckols, applicant, on the behalf Dorothy V. Hobbs, property owner, for the vacation of a portion of the former Sleepy Hole Road right-of-way 30 feet in width and residual right-of-way adjacent to property of Dorothy V. Hobbs Mayor Johnson advised that this item was a companion paper to the next item, a public hearing regarding an ordinance to authorize the transfer of vacated prescriptive and residual right-of-way located adjacent to 3603 Sleepy Hole Road, Tax Map & Parcel No. 19*64, to Dorothy V. Hobbs; therefore, it would be feasible to have both public hearings concurrently. 6 City Council Regular Meeting December 5, 2012 Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to conduct the public hearings for Street Vacation Request and SV02-12 and an ordinance to authorize the transfer of vacated prescriptive and residual right-of-way located adjacent to 3603 Sleepy Hole Road, Tax Map and Parcel No. 19*64, to Dorothy V. Hobbs, concurrently, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered an overview of the background information on the aforementioned items as printed in the official agenda. Michael Nuckols, 222 Central Park Avenue, Freidman and Faggert, representing Dorothy V. Hobbs, property owner, spoke in support of the proposed ordinances as presented. Hearing no additional speakers, the public hearing was closed. Council Member Barclay, on motion seconded by Council Member Duman, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Parr asked if the City has received any compensation in the case of street vacations in the past. Planning and Community Development Director Mills advised that historically the City has not received compensation for street vacations and will not be receiving compensation in this case. Council Member Barclay, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE VACATING AND ABANDONING APPROXIMATELY 15,958 SQUARE FEET OF RIGHT-OF-WAY LOCATED ON SLEEPY HOLE ROAD, SV02-12 Public Hearing - An ordinance to authorize the transfer of vacated prescriptive and residual right-of- way located adjacent to 3603 Sleepy Hole Road, Tax Map & Parcel No. 19*64, to Dorothy V. Hobbs This public hearing for this item was held concurrently with the public hearing for the previous item, Street Vacation Request, SV02-12, submitted by Michael H. Nuckols, applicant, on the behalf Dorothy V. Hobbs, property owner, for the vacation of a portion of the former Sleepy Hole Road right- of-way 30 feet in width and residual right-of-way adjacent to property of Dorothy V. Hobbs. Council Member Barclay, on a motion seconded by Council Member Gardy, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 7 City Council Regular Meeting December 5, 2012 AN ORDINANCE TO AUTHORIZE THE TRANSFER OF VACATED PRESCRIPTIVE AND RESIDUAL RIGHT-OF-WAY LOCATED ADJACENT TO 3603 SLEEPY HOLE ROAD, TAX MAP AND PARCEL NUMBER 19*64, TO DOROTHY V. HOBBS Public Hearing - An ordinance granting an Ordinance Text Amendment, OA02-12, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 1, Section 31-112, Delinquent Real Estate Taxes, Article 3, Section 31-310(c)(1), Demolition of Structures of Substantial Public Interest, Article 5, Section 31-512(a)(2), Performance Surety, and Appendix A, Definitions, Cemetery Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a report on the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Barclay, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE TO AMEND SECTION 31-112, DELINQUENT REAL ESTATE TAXES, SECTION 31-310 (c), UNIFORM SCHEDULE OF CIVIL PENALTIES, SECTION 31-413(l), DEMOLITION OF STRUCTURES OF SUBSTANTIAL PUBLIC INTEREST, SECTION 31-512(a), PERFORMANCE SURETY AND APPENDIX A, DEFINITIONS – OA02-12 ORDINANCES Ordinance - An ordinance to advance the adopted appropriation of funds for the E-911 Equipment Upgrade and Tower Project Interim Chief Financial Officer Anne Seward supplied a summary of the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Barclay, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE TO ADVANCE THE ADOPTED APPROPRIATION OF FUNDS FOR THE E-911 EQUIPMENT UPGRADE AND TOWER PROJECT 8 City Council Regular Meeting December 5, 2012 Ordinance - An ordinance repealing Sections 2-481 through 2-482 of the Code of the City of Suffolk abolishing the Agricultural, Forrestal and Open Space Advisory Committee and abandoning Term 11 of existing open space use agreements City Assessor Jean Jackson offered a summary of the background information as printed in the official agenda. Referring to the presentation, Council Member Barclay opined about the purpose of the proposed ordinance as referenced by the earlier speaker, Mr. Williams. City Attorney Holland explained that the Unified Development Ordinance presently designates agricultural districts as a zoning classification; therefore, there is no need to maintain the committee since the City will no longer pursue a formal agricultural district designation and has repealed the tax relief provision for open space land use. Referring to the presentation, Council Member Barclay asked about any possible adverse impact on property owners as it relates to the proposed ordinance. City Attorney Holland indicated that the proposed ordinance will not have any adverse impact on property owners. Referring to the presentation, Council Member Duman sought clarification about the process that will be used for future tax relief applications as it relates to the proposed ordinance. City Assessor Jackson advised that all future applications will be addressed administratively, and the proposed ordinance would abolish the committee. Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE REPEALING SECTIONS 2-481 THROUGH 2-482 OF THE CODE OF THE CITY OF SUFFOLK ABOLISHING THE AGRICULTURAL, FORESTAL AND OPEN SPACE ADVISORY COMMITTEE AND ABANDONING TERM 11 OF EXISTING OPEN SPACE USE AGREEMENTS RESOLUTIONS There were no items under this portion of tonight’s agenda. STAFF REPORTS Staff Report - Collection of Delinquent Personal Property Taxes City Attorney Holland offered brief statement regarding the above referenced topic. Staff Report - Bennett’s Creek Dredging Project Update Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen submitted a report on the above referenced item. 9 City Council Regular Meeting December 5, 2012 Referring to the presentation, Council Member Parr requested information about the last time that the creek had been dredged. Public Works Director Nielsen reported that it was last dredged five to seven years ago. Referring to the presentation, Council Member Duman opined about the next time the creek will require dredging upon the completion of this project. Public Works Director Nielsen said that the creek should not require dredging again for five to seven years, providing that there are no major weather events. MOTIONS Motion - A motion to cancel the January 2, 2013, City Council Meeting Vice Mayor Brown, on motion seconded by Council Member Duman, moved to cancel the January 2, 2013, City Council meeting, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 Motion - A motion to schedule an Investiture Ceremony and Re-organizational Meeting for January 2, 2013, at 1:00 p.m., in the City Council Chamber Council Member Milteer, on motion seconded by Vice Mayor Brown, moved to schedule an Investiture Ceremony and Re-organizational Meeting for January 2, 2013, at 1:00 p.m., by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 Motion - A motion to schedule a Work Session for December 19, 2012, at 4:00 p.m., unless cancelled Council Member Duman, on motion seconded by Council Member Gardy, moved to schedule a Work Session for December 19, 2012, at 4:00 p.m., unless canceled, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Arthur Elliott, 809 West Washington Street, representing self, opined about the Suffolk Police Department. Jesse Williams, 144 General Early Drive, representing self, opined about the Route 460 project. Paul Gillis, 2536 Woodland Trail, representing self, opined about the redistricting process. Ronald Williams, 441 Market Street, City Treasurer, commented about the operations of the City Treasurer’s Office. 10 City Council Regular Meeting December 5, 2012 Kevin Appel, 5600 7th Street South, Arlington, Virginia, representing self, offered information about the operations of the City Treasurer’s Office. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following nominations for City Council’s consideration: Advisory Commissions for Persons with Disabilities – Kimberly Frost; Economic Development Authority of the City of Suffolk (effective January 1, 2013) – Robert C. Barclay IV; Fine Arts Commission – Dr. Joleen Neighbours; and Suffolk Redevelopment and Housing Authority – LeOtis Williams 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 City Clerk Dawley presented the following item: a motion to direct City Manager Cuffee-Glenn to prepare a letter to the Circuit Court recommending Daniel Frohman (voting member) for appointment to the Board of Zoning Appeals. Council Member Duman, on a motion seconded by Council Member Parr, moved to direct City Manager Cuffee-Glenn to prepare a letter to the Circuit Court recommending Daniel Frohman (voting member) for appointment to the Board of Zoning Appeals, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 Council Member Duman, on a motion seconded by Council Member Parr moved to direct City Manager Cuffee-Glenn to prepare a Staff Report regarding the City’s current ordinances regarding dog tethering and those measures in other localities for the January 16, 2013, City Council meeting, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Council Member Duman thanked City Administration for its assistance in resolving some concerns raised by the Greater Oakland/Chuckatuck Civic League. Council Member Duman advised that he attended a recent meeting of the American Association of Retired Persons. Council Member Duman opined about the recent Legislative Dinner. 11 City Council Regular Meeting December 5, 2012 Council Member Duman congratulated Larry Wilson on his retirement from the Suffolk Police Department. Utilizing PowerPoint presentation, Interim Media and Community Relations Manager Timothy Kelley reported on the following activities: the Grand Illumination; the Legislative Dinner; Aaron’s Ribbon Cutting; Humanity Health Care Services Ribbon Cutting; the Holiday Parade; Holiday Movie at the Suffolk Center for Cultural Arts; Visit with Santa at the Visitors Center Pavilion; the Visitors Center Holiday Tea; Pet Photos with Santa; the City’s Holiday Website; Holiday Safety Reminders for Suffolk Police and Fire Departments; upcoming public hearing on the Nansemond Parkway/Portsmouth Boulevard Widening Project; new members of City Administration – Rickeda Fofana, Youth Outreach Coordinator, Azeez Felder, Interim Social Services Director and Nancy Olivo, Human Resources Director; and retirements of Larry Wilson, Suffolk Police Department and Leonard Horton, Social Services Director. Council Member Barclay opined about the recent Legislative Dinner and encouraged residents to contact their General Assembly representatives about transportation funding. Council Member Barclay expressed his appreciation of his appointment to the Economic Development Authority. Council Member Gardy opined about various improvements and projects in Holland. Council Member Gardy congratulated Lauren Doughtie, who recently qualified as a full playing member on the Ladies Professional Golf Association Tour. Council Member Bennett congratulated Larry Wilson on his retirement from Suffolk Police Department. Council Member Bennett opined about the recent Holiday Parade. Council Member Parr called for a review of the City’s loitering laws. Council Member Parr opined about the City Treasurer’s Office payment drop box. Council Member Parr opined about a quarterly newsletter for residents. Council Member Parr expressed his appreciation to the Suffolk Fire Department. Council Member Parr asked about the need for City Council to authorize any third party tax collection, City Attorney Holland replied that third party tax collection would require authorization from City Council. Council Member Milteer expressed his appreciation for storm drain improvements in Whaleyville. Council Member Milteer opined about the recent Legislative Dinner. Council Member Milteer congratulated Larry Wilson on his retirement from the Suffolk Police Department. Vice Mayor Brown opined about delinquent tax collection. 12 City Council Regular Meeting December 5, 2012 Vice Mayor Brown announced the upcoming grand opening of Panera Bread. Mayor Johnson asked the new Human Resources Director Nancy Olivo if she wished to make any comments. Human Resources Director Olivo expressed her appreciation for the position in the City. Mayor Johnson advised that the City has been in discussions with the State regarding the Route 460 project. Mayor Johnson reported on the recent Legislative Dinner and the Urban Crescent meeting. Mayor Johnson opined about delinquent tax collection. ADJOURNMENT Council Member Parr, 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 9:21 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JANUARY 16, 2013 13

Agenda

SUFFOLK CITY COUNCIL AGENDA December 5, 2012 7:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation No City Council action required. 3. Approval of the Minutes Approved 8-0 A motion to amend the agenda to add a Special Presentation was approved by a vote of 8-0 4. Special Presentation – Introduction of Lauren Doughtie, first woman from South Hampton Roads to qualify for the Ladies Professional Golf Association Tour 5. Removal of Items from the Consent Agenda and Adoption of the Agenda Approved 8-0 6. Agenda Speakers No City Council action required. 7. Consent Agenda - An ordinance to accept and appropriate a public safety grant from the Target Corporation in support of the Suffolk Police Department Approved 8-0 8. Consent Agenda - An ordinance to accept and appropriate funds for the Suffolk Department of Social Services from the Obici Healthcare Foundation to improve access to basic healthcare Approved 8-0 9. Consent Agenda - An ordinance to accept and appropriate funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program Approved 8-0 10. Public Hearing - An ordinance authorizing the acquisition of permanent and temporary easements, either by agreement or condemnation, for the Village of Holland Water Transmission Main Project Approved 8-0 11. Public Hearing - Appeal of Historic Landmarks Commission Decision – Certificate of Appropriateness Request HC-2012-42 by Michael F. Leban on behalf of Shanda Harper (property owner) for relocation of a door on a commercial structure located at 131 Wellons Street A motion to affirm the decision of the Historic Landmarks Commission was approved by a vote of 6-2 (Council Member Duman and Council Member Gardy voted in opposition.) 12. Public Hearing - An ordinance granting Conditional Use Permit Request C13-12 submitted by Whitney G. Saunders on behalf of Linda B. and Robert G. Bates, property owners, to permit the operation of a commercial stable in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Approved 8-0 13. Public Hearing - An ordinance granting Conditional Use Permit Request C18-12, submitted by Whitney G. Saunders, on the behalf John and Lisa Byrne of East Side Rides, LLC, applicant, and Raymond A. Daughtrey, Sr. and Dorothy B. Daughtrey, Trustees, property owners, to permit an automobile repair (major) in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Approved as amended 8-0 14. Public Hearing - Street Vacation Request, SV02-12, submitted by Michael H. Nuckols, applicant, on the behalf Dorothy V. Hobbs, property owner, for the vacation of a portion of the former Sleepy Hole Road right-of-way 30 feet in width and residual right-of-way adjacent to property of Dorothy V. Hobbs Approved 8-0 15. Public Hearing - An ordinance to authorize the transfer of vacated prescriptive and residual right-of-way located adjacent to 3603 Sleepy Hole Road, Tax Map & Parcel No. 19*64, to Dorothy V. Hobbs Approved 8-0 16. Public Hearing - An ordinance granting an Ordinance Text Amendment, OA02-12, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 1, Section 31-112, Delinquent Real Estate Taxes, Article 3, Section 31-310(c)(1), Demolition of Structures of Substantial Public Interest, Article 5, Section 31-512(a)(2), Performance Surety, and Appendix A, Definitions, Cemetery Approved 8-0 17. Ordinance - An ordinance to advance the adopted appropriation of funds for the E-911 Equipment Upgrade and Tower Project Approved 8-0 2 18. Ordinance - An ordinance repealing Sections 2-481 through 2-482 of the Code of the City of Suffolk abolishing the Agricultural, Forrestal and Open Space Advisory Committee and abandoning Term 11 of existing open space use agreements Approved 8-0 19. Resolutions No City Council action required. 20. Staff Report - Collection of Delinquent Personal Property Taxes No City Council action required. 21. Staff Report - Bennett’s Creek Dredging Project Update No City Council action required. 22. Motion - A motion to cancel the January 2, 2013, City Council Meeting Approved 8-0 23. Motion - A motion to schedule an Investiture Ceremony and Re-organizational Meeting for January 2, 2013, at 1:00 p.m., in the City Council Chamber Approved 8-0 24. Motion - A motion to schedule a Work Session for December 19, 2012, at 4:00 p.m., unless cancelled Approved 8-0 25. Non-Agenda Speakers 26. New Business A motion to nominate and appoint the following individuals to the following boards and commissions: Advisory Commissions for Persons with Disabilities – Kimberly Frost Economic Development Authority of the City of Suffolk (effective January 1, 2013) – Robert C. Barclay IV Fine Arts Commission – Dr. Joleen Neighbours Suffolk Redevelopment and Housing Authority – LeOtis Williams 3 A motion to direct City Manager Cuffee-Glenn to prepare a letter to the Circuit Court recommending Daniel Frohman for appointment to the Board of Zoning Appeals (voting member) was approved by a vote of 8-0. A motion to direct City Manager Cuffee-Glenn to schedule a Staff Report regarding the City’s current ordinances regarding dog tethering for the January 16, 2013, City Council meeting was approved by a vote of 8-0. 27. Announcements and Comments Approved 8-0 28. Adjournment Approved 8-0 4

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