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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · June 19, 2013

AgendaMinutes

Minutes

City Council Regular Meeting June 19, 2013 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, June 19, 2013, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Charles F. Brown, Vice Mayor Michael D. Duman Roger W. Fawcett Jeffrey L. Gardy Curtis R. Milteer, Sr. Charles D. Parr, Sr. Lue R. Ward, Jr. 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. Council Member Milteer offered the Invocation and led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of June 19, 2013, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Gardy, moved that the resolution be approved, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JUNE 19, 2013, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 19, 2013 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Gardy, moved to amend page four of the May 15, 2013, City Council Regular Meeting minutes, replacing the word “Friday” with the word “Saturday” and approve the remaining minutes from the May 15, 2013, Work Session and Regular Meeting, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove any of the Consent Agenda items for separate action. Hearing no requests for removal of any items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda. Council Member Parr, on a motion seconded by Council Member Duman, moved to adopt the agenda as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AGENDA SPEAKERS There were no items under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - AN ORDINANCE AMENDING SECTION 54-122 OF THE CODE OF THE CITY OF SUFFOLK TO REGULATE THE USE OF PNEUMATIC GUNS Consent Agenda Item #8 - AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE VIRGINIA COOPERATIVE EXTENSION 2013 PLASTIC PESTICIDE CONTAINER RECYCLING PROGRAM 2 City Council Regular Meeting June 19, 2013 Consent Agenda Item #9 - AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM KEEP AMERICA BEAUTIFUL, INCORPORATED FOR THE CITY OF SUFFOLK’S CIGARETTE LITTER PREVENTION AND EDUCATION PROGRAM Council Member Fawcett called for report on Consent Agenda Item #7 - an ordinance amending Section 54-122 of the Code of the City of Suffolk to regulate the use of pneumatic guns. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn supplied a summary of the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance granting Conditional Use Permit Request C22-12, The Master’s House Church / Y2K Academy CDC, submitted by Princella F. Johnson, applicant, on behalf of John Drames, Jr., property owner, for a place of worship (small), 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 gave an overview of the background information as printed in the official agenda. Princella Johnson, 1565 Manning Road, applicant, representing The Master’s House Church/Y2K Academy CDC, 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 Parr, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PLACE OF WORSHIP ON PROPERTY LOCATED AT 3537 PRUDEN BOULEVARD, ZONING MAP 25, PARCEL 58I – C22-12 3 City Council Regular Meeting June 19, 2013 Public Hearing - An ordinance granting Conditional Use Permit Request, C10-13, submitted by Marshall B. Cox, applicant, on behalf of Jean I. Cox, property owner, for an accessory dwelling unit, in accordance with Sections 31-306, 31-406 and 31-701(b)(13) of the Unified Development Ordinance. The affected property is located at 900 Pembroke Lane and is further identified as Zoning Map 10, Parcel 43, Chuckatuck Voting Borough, zoned A, Agricultural Zoning District Utilizing a PowerPoint presentation, Planning and Community Development Director Mills presented a report on the background information as printed in the official agenda. Marshall Cox, no address given, applicant, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT ON PROPERTY LOCATED AT 900 PEMBROKE LANE, ZONING MAP 10, PARCEL 43 – C10-13 Public Hearing – An ordinance granting Conditional Use Permit Request C17-13, submitted by Brian and Carmen Brooks, applicants and property owners, for an accessory dwelling unit, in accordance with Sections 31-306, 31-406 and 31-701 (b)(13) of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a summary of the background information as printed in the official agenda. Carmen Brooks, 2452 Greenway Road, applicant and property owner, 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 Council Member Duman, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT ON PROPERTY LOCATED AT 2452 GREENWAY ROAD, ZONING MAP 77, PARCEL 30*3 – C17-13 4 City Council Regular Meeting June 19, 2013 Public Hearing – An ordinance granting an Ordinance Text Amendment, OA2-13, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance by amending Section 31-305, Conditional Rezoning, Sections 31-415, Chesapeake Bay Preservation Overlay District (CB), and Section 31-611, Stormwater Runoff Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a summation of 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 Parr, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING SECTION 31-305, CONDITIONAL REZONING, SECTION 31-415, CHESAPEAKE BAY PRESERVATION OVERLAY DISTRICT (CB) AND SECTION 31-611, STORMWATER RUNOFF – OA2-13 ORDINANCES Ordinance – An ordinance authorizing the issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, Finance Director Anne Seward gave an overview of the background information as printed in the official agenda. 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 Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF RESOLUTIONS Resolution – A resolution approving the Healthy People/Healthy Suffolk Initiative Utilizing a PowerPoint presentation, Chief of Staff Debbie George submitted a synopsis of the background information as printed in the official agenda. 5 City Council Regular Meeting June 19, 2013 Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the resolution. Vice Mayor Brown called Robbie Laughton, Executive Director, Suffolk Partnership for Healthy Community, offered additional background information. Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the resolution, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 A RESOLUTION APPROVING THE HEALTHY PEOPLE/HEALTHY SUFFOLK INITIATIVE STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a public hearing for the July 17, 2013 City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2013 Council Member Milteer, on a motion seconded by Council Member Gardy, moved to schedule a public hearing for the July 17, 2013 City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2013, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 Motion – A motion to schedule a public hearing to be held on July 17, 2013, to receive public comment on an ordinance to enter into a new lease for Box Hangar #6 at the Suffolk Executive Airport Council Member Gardy, on a motion seconded by Council Member Duman, moved to schedule a public hearing for the July 17, 2013 City Council meeting to receive public comment on an ordinance to enter into a new lease for Box Hangar #6 at the Suffolk Executive Airport, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 6 City Council Regular Meeting June 19, 2013 Motion - A motion to schedule a Work Session for July 17, 2013, at 4:00 p.m., unless cancelled Council Member Gardy, on motion seconded by Council Member Ward, moved to schedule a Work Session for July 17, 2013, at 4:00 p.m., unless canceled, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Phil McPhail, 1437 Williams Circle, Co-Chair, Boys and Girls Clubs of Southeast Virginia-Suffolk Unit, spoke about his organization’s activities and the upcoming Barbeque and Oyster Roast. Reggie Carter, 3415 Azela Garden Road, Norfolk, Virginia, Director, Boys and Girls Clubs of Southeast Virginia-Suffolk Unit, spoke about his organization’s activities and the upcoming Barbeque and Oyster Roast. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the changes in the voting precincts due to the recent redistricting. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following items for consideration: Sister Cities Commission - Patricia Iannetta and Welfare Advisory Board – Betty Ann Montgomery. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to nominate and appoint the aforementioned individuals, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 Council Member Parr asked about the distribution of marketing material to all households about the new ordinance banning dog tethering. City Manager Cuffee-Glenn advised that it was the intention of City Administration to proceed with this action as soon as possible, and that in her estimation, no City Council action was required. Council Member Fawcett opined about the need for City Council to take action to determine the need to distribute marketing material to all households about the new ordinance banning dog tethering. Council Member Parr, on a motion seconded by Vice Brown, moved to direct City Manager Cuffee-Glenn to distribute marketing material to all households about the new ordinance banning dog tethering, by the following vote: AYES: Council Members Duman, Gardy, Milteer, Parr, Ward, Brown and Johnson 7 NAYS: Council Member Fawcett 1 7 City Council Regular Meeting June 19, 2013 Council Member Gardy, on a motion seconded by Council Member Parr, moved to direct City Manager Cuffee-Glenna and City Attorney Holland to prepare a staff report on the borough boundaries, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following activities: the Youth Achievement Awards; Hobby, Game, and Sports Station and Treasured Memories Consignment Shop ribbon cuttings; Belk’s 125th annviersry celebration; National Night Out Community Kick-off event; the T.G.I.F Summer Concert Schedule; the Suffolk Human Society Adopt-a-thon; Stars and Stripes Spectacular Independence Day Celebration; the City’s observance of the Independence Day holiday; the selection of Azeez Felder as the new Social Services Director; information about the new tethering ban; and severe weather tips. Council Member Duman advised he attended the Youth Achievement Awards. Council Member Duman congratulated Azeez Felder on his selection as the new Social Services Director. Council Member Duman thanked City Manager Cuffee-Glenn and Public Works Director Eric Nielsen for their assistance. Council Member Milteer announced the upcoming application deadline for the City’s real estate tax exemption for senior and disabled citizens. Council Member Parr congratulated Azeez Felder on his selection as the new Social Services Director. Council Member Parr expressed his appreciation to City Administration for their assistance with infrastructural improvements on the Boston area. Council Member Parr thanked City Clerk Dawley and Deputy City Clerk Tracey Sanford for their hard work. Council Member Fawcett announced that he attended the Youth Achievement Awards. Council Member Fawcett congratulated Azeez Felder on his selection as the new Social Services Director. Vice Mayor Brown commended the Boys and Girls Clubs of Southeast Virginia-Suffolk Unit for their efforts. Vice Mayor Brown congratulated Azeez Felder on his selection as the new Social Services Director. Vice Mayor Brown opined about an upcoming Habitat for Humanity project in the White Marsh Road area of the City. 8 City Council Regular Meeting June 19, 2013 Mayor Johnson congratulated Azeez Felder on his selection as the new Social Services Director. Mayor Johnson thanked the Public Works Department and Chief of Staff Debbie George for their recent efforts regarding a recent storm. Mayor Johnson opined about a recent report presented at the last Finance Committee meeting. Mayor Johnson commended the Suffolk Partnership for a Healthy Community and the Boys and Girls Clubs of Southeast Virginia-Suffolk Unit on their efforts. Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to adjourn, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:15 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JULY 17, 2013 9

Agenda

SUFFOLK CITY COUNCIL AGENDA June 19, 2013 7:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – An ordinance amending Section 54-122 of the Code of the City of Suffolk to regulate the use of pneumatic guns 8. Consent Agenda – An ordinance to accept and appropriate grant funds from the Virginia Department of Agriculture and Consumer Services for the Virginia Cooperative Extension 2013 Plastic Pesticide Container Recycling Program 9. Consent Agenda – An ordinance to accept and appropriate grant funds from Keep America Beautiful, Inc. for the City of Suffolk’s Cigarette Litter Prevention and Education Program 10. Public Hearing – An ordinance granting Conditional Use Permit Request C22- 12, The Master’s House Church / Y2K Academy CDC, submitted by Princella F. Johnson, applicant, on behalf of John Drames, Jr., property owner, for a place of worship (small), in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance 11. Public Hearing – An ordinance granting Conditional Use Permit Request, C10- 13, submitted by Marshall B. Cox, applicant, on behalf of Jean I. Cox, property owner, for an accessory dwelling unit, in accordance with Sections 31-306, 31- 406 and 31-701(b)(13) of the Unified Development Ordinance. The affected property is located at 900 Pembroke Lane and is further identified as Zoning Map 10, Parcel 43, Chuckatuck Voting Borough, zoned A, Agricultural Zoning District 12. Public Hearing – An ordinance granting Conditional Use Permit Request C17- 13, submitted by Brian and Carmen Brooks, applicants and property owners, for an accessory dwelling unit, in accordance with Sections 31-306, 31-406 and 31- 701 (b)(13) of the Unified Development Ordinance 13. Public Hearing – An ordinance granting an Ordinance Text Amendment, OA2- 13, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance by amending Section 31-305, Conditional Rezoning, Sections 31-415, Chesapeake Bay Preservation Overlay District (CB), and Section 31-611, Stormwater Runoff 14. Ordinance – An ordinance authorizing the issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof 15. Resolution – A resolution approving the Healthy People/Healthy Suffolk Initiative 16. Staff Reports 17. Motion – A motion to schedule a public hearing for the July 17, 2013 City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2013 18. Motion – A motion to schedule a public hearing to be held on July 17, 2013, to receive public comment on an ordinance to enter into a new lease for Box Hangar #6 at the Suffolk Executive Airport 19. Motion – A motion to schedule a Work Session for July 17, 2013, at 4:00 p.m., unless cancelled 20. Non-Agenda Speakers 21. New Business 22. Announcements and Comments 23. Adjournment 2

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