City Council Meeting Agendas

City Council Regular Meeting July 17, 2013 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, July 17, 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 July 17, 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 Duman, 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 JULY 17, 2013, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 17, 2013 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Gardy, moved to approve the minutes from the June 5, 2013, Work Session and Regular Meeting and the June 19, 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 Special Presentation – 2013 National Night Out Invitation and Proclamation Utilizing a video presentation, Media and Community Relations Director Diana Klink and Police Chief Thomas Bennett reviewed the background information as printed in the official agenda. Mayor Johnson presented the above referenced proclamation as outlined. 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 Milteer, on a motion seconded by Council Member Gardy, 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 TO ACCEPT AND APPROPRIATE FISCAL YEAR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING Consent Agenda Item #8 - AN ORDINANCE AMENDING SECTION 86-119 OF THE CODE OF THE CITY OF SUFFOLK RELATED TO THE ISSUANCE OF PARKING VIOLATIONS 2 City Council Regular Meeting July 17, 2013 Council Member Milteer queried about the Consent Agenda Item #8 - an ordinance amending section 86-119 of the code of the City of Suffolk related to the issuance of parking violations. Vice Mayor Brown asked for a summary of the Consent Agenda Item #7 - an ordinance to accept and appropriate Fiscal Year 2013 Community Development Block Grant and Home Investment Partnership Program funding. 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, Deputy City Attorney William Hutchings offered a review of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Duman, 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 to provide final authorization to issue and sell bonds by the City of Suffolk, Virginia Referring to the distributed amended ordinance, Finance Director Anne Seward gave an overview of the background information. Finance Director Seward explained that the proposed amended ordinance differs from the ordinance provided in the official agenda. She further advised that proposed amended ordinance under consideration contains language that would give staff the flexibility in seeking alternative lending sources should the City not receive favorable the rates in the bond market. Chris Dove, no address given, representing self, opined about a point of order regarding his opposition to the format of the public hearing. Mayor Johnson called on City Attorney Holland to address the issue raised by Mr. Dove. City Attorney Holland indicated that only voting members of the elected body can call for a point of order. Mr. Dove opined about the applicability of Robert’s Rules of Order and Procedure for members of the general public. Mayor Johnson asked City Attorney Holland to address this issue. City Attorney Holland explained that Robert’s Rules of Order and Procedure only apply to voting members of the elected body. Chris Dove, no address given, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting July 17, 2013 Referring to the presentation, Council Member Duman asked about the potential amount of refunding in the event that the City refunds existing bonds. Finance Director Seward reported that originally the refunding amount was identified as approximately $21,000,000. She further explained due to fluctuations in the bond market, the amount went down to $18,000,000 and is now $13,000,000, and the City’s financial policies require the City incur a three-percent savings in order to refinance the bonds. Mayor Johnson called for a summary of the information that the City recently received from the bond rating agencies. Finance Director Seward advised that the bond rating agencies affirmed the City’s strong financial position and encouraged the City to continue to adhere to its financial policies. Vice Mayor Brown, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented. Referring to the distributed handout, City Clerk Dawley called for clarification of the motion, as Finance Director Seward indicated that an amended version of the proposed ordinance has been presented for consideration. The makers of the motion concurred that it was the intention of the motion to approve the amended version distributed this evening for consideration. Referring to the distributed handout, Mayor Johnson called for an explanation of the proposed amended ordinance. Finance Director Seward explained that the amended ordinance adds language that would give staff the flexibility in seeking alternative lending sources should the City not receive favorable the rates in the bond market. Referring to the distributed handout, Council Member Parr queried about the City’s ability to save more money, should City Council approve the proposed amended ordinance. Finance Director Seward replied that if approved, the proposed amended ordinance gives the City the opportunity to save more money. Vice Mayor Brown on a motion seconded by Council Member Duman, moved to approve the ordinance, as amended, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE TO PROVIDE FINAL AUTHORIZATION TO ISSUE AND SELL BONDS BY THE CITY OF SUFFOLK, VIRGINIA (AS AMENDED) Public Hearing - An ordinance authorizing the lease of Box Hangar Number 6 on certain property owned by the City of Suffolk located at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes presented a report on the background information as printed in the official agenda. He added that the lease attached to the proposed ordinance would be amended administratively to reflect that the lease would be on an annual basis, not monthly. Hearing no speakers, the public hearing was closed. 4 City Council Regular Meeting July 17, 2013 Council Member Duman, on a motion seconded by Council Member Gardy, 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 LEASE OF BOX HANGAR NUMBER 6 ON CERTAIN PROPERTY OWNED BY THE CITY OF SUFFOLK LOCATED AT THE SUFFOLK EXECUTIVE AIRPORT Public Hearing – An ordinance granting Rezoning Request, RZ04-13, submitted by Gregg Christoffersen, applicant on behalf of John Lawson c/o W.M. Jordan Company, and Donald Perry c/o Continental Realty Services, property owners, to request a change in zoning from M-1, Light Industrial Zoning District, to O-I, Office-Institutional Zoning District Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a summary of the background information as printed in the official agenda. Gregg Christoffersen, no address given, applicant, representing John Lawson c/o W.M. Jordan Company, spoke in support of the proposed 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, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE ZONING FROM M-1, LIGHT INDUSTRIAL ZONING DISTRICT, TO O-I, OFFICE-INSTITUTIONAL ZONING DISTRICT FOR PROPERTY LOCATED AT 7021 HARBOUR VIEW BOULEVARD, TAX MAP 6 PARCEL 2E, RZ04-13 Public Hearing – An ordinance granting Conditional Use Permit Request, C13-13, submitted by Thomas Dickey of Monument Construction, LLC, applicant, on behalf of Suffolk Commercial Property, LLC in care of StreamCo Property Resolutions, LLC, property owner, to permit a mixed-use multi- family building in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a summation of the background information as printed in the official agenda. Thomas Dickey, no address given, representing Monument Construction, LLC, applicant, spoke in support of the proposed ordinance as presented. Chris Dove, 852 Colonel Meade Drive, representing self, opined on the availability of parking as it relates to the proposed ordinance as presented. 5 City Council Regular Meeting July 17, 2013 Thomas Dickey, no address given, representing Monument Construction, LLC, applicant, spoke in rebuttal, supporting the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Milteer, 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 CONDITIONAL USE PERMIT FOR A MIXED-USE MULTI- FAMILY BUILDING LOCATED AT 121, 129, 133-135, 137-139, 141, 143-145 AND 147-149 WEST WASHINGTON STREET, ZONING MAP 34G18, BLOCK 2, PARCELS 10, 11, 12, 13, 14, 15, AND 16, C13-13 Public Hearing – An ordinance granting Conditional Use Permit Request, C14-13, submitted by Chantal and Steaven Hamlin, applicants, on behalf of George and Loannis V. Taglis, property owners, for a place of worship, 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 a review of the background information as printed in the official agenda. Chantal Hamlin, 526 Battery Avenue, applicant, representing George and Loannis V. Taglis, property owners, spoke in support of the proposed ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Gardy called for clarification about the real estate tax status of the parcel, should City Council approve the proposed ordinance. Planning and Community Development Director Mills explained that the parcel will continue to be assessed for real estate taxes as the applicants are only seeking to lease, not own, for a place of worship. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP ON PROPERTY LOCATED AT 2109 B HOLLAND ROAD, ZONING MAP 33, PARCEL 112, C14-13 6 City Council Regular Meeting July 17, 2013 Public Hearing – An ordinance granting Conditional Use Permit Request C15-13, submitted by Larry A. and Vicki L. Mellis, property owners and applicants, to permit 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 gave an overview of the background information as printed in the official agenda. Larry Mellis, 1480 Shellito Lane, property owner and applicant, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing is closed. Council Member Milteer, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, as presented: 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 1480 SHELLITO LANE, ZONING MAP 53, PARCEL 25, C15-13 Public Hearing – An ordinance granting Conditional Use Permit Request, C16-13, submitted by Sobeye and Harriett Michelle Freeman, applicants and property owners, for a family home daycare (six to twelve children), in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills presented a report on the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance as presented: Michelle Freeman, 3505 Ludlow Cove, applicant and property owner. Sobeye Freeman, 3505 Ludlow Cove, applicant and property owner. Victor Clark, 2426 Alder Place, representing self. Siobhan Clark, 2426 Alder Place, representing self. Candy Hayes, 3500 Ludlow Cove, representing self. Henry Dixon, 4724 Camellia Drive, representing self, Antionett Dixon, 4724 Camellia Drive, representing self. Marion Breeland, no address given, representing self. 7 City Council Regular Meeting July 17, 2013 Council Member Duman, on a motion seconded by Vice Mayor Brown, moved to continue the public hearing for an additional 10 minutes, by the following roll call vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 Marie Baker, 509 West Washington Street, representing Early Childhood Development Commission. Sandi McKay, 3505 Farrier Cove, representing self. Gin Staylor, 1300 Meade Drive, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded Vice Mayor Brown, moved to approve the ordinance, as presented: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DAY CARE (FAMILY DAY HOME) , 6-12 CHILDREN, ON PROPERTY LOCATED AT 3505 LUDLOW COVE, ZONING MAP 12J, PARCEL 1*200, C16-13 Public Hearing – An ordinance granting an Ordinance Text Amendment, OA1-13, to amend Section 31-104, Applicability, subsection (b) Certain Utilities and Services Exempt and Section 31-716, Telecommunications Facilities, subsection (b)(2) Exceptions in regard to telecommunication towers for governmental agencies for public safety communications and emergency services Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave an overview 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 Council Member Duman, moved to approve the ordinance, as presented: 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 31-104, APPLICABILITY, AND SECTION 31-716, TELECOMMUNICATIONS FACILITIES WITH REGARD TO TELECOMMUNICATION TOWERS FOR GOVERNMENTAL AGENCIES FOR PUBLIC SAFETY COMMUNICATIONS AND EMERGENCY SERVICES - OA1-13 8 City Council Regular Meeting July 17, 2013 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Voting Boroughs, Precincts and Polling Places Utilizing a PowerPoint presentation, Deputy City Attorney William Hutchings supplied information on the above referenced item. MOTIONS Motion – A motion to cancel the August 7, 2013, City Council meeting Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to cancel the August 7, 2013, City Council meeting, 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 Work Session for August 21, 2013, at 4:00 p.m., unless cancelled Council Member Gardy, on motion seconded by Vice Mayor Brown, moved to schedule a Work Session for August 21, 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 Chris Dove, 852 Colonel Meade Drive, representing self, opined about the Virginia Freedom of Information Act. Terese Neblett, 1526 Art Court, representing self, opined about fees for banners and signs. 9 City Council Regular Meeting July 17, 2013 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: Fine Arts Commission – Joleen Neighbours and Linda Gerek; Library Board – Judith Stone; Suffolk Clean Community Commission – Oulaniece Saunders and LaVerne Flythe; Suffolk Clean Community Commission Keep Suffolk Beautiful Executive Board – Margaret LaRocca and Kathy Lang Russell; and Welfare Advisory Board – Lula Holland. Council Member Milteer, on a motion seconded by Council Member Duman, 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 Mayor Johnson called on City Attorney Holland to provide a statement regarding Nansemond Cold Storage. City Attorney Holland reported the following information: Nansemond Cold Storage was owed $329,866.39, because they had paid double taxes on one building for 10 years. The Code of Virginia allows refunds in cases of double taxation beyond the three years that have addressed by some. This was not a case of dispute about the taxes owed but a case where the City Assessor completed extensive research to determine the amount that was overpaid by Nansemond Cold Storage, and the parties agreed to sum that was overpaid. The Code of Virginia gave Nansemond Cold Storage the right to sue the City for the amount and the City has authority to avoid litigation by settling matters before court. ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following activities: ribbon cuttings for Tractor Supply, Providence Psychological Services, Comfort Care Home Health LLC, and Dollar General; virtual ribbon cutting for Nansemond Parkway Project Phase One; the Finance Department’s receipt of the Certificate of Achievement for Excellence in Financial Reporting; the recent Stars and Stripes Spectacular; the recent Suffolk Police Department Badge Pinning Ceremony; I Love my Parks & Recreation event; the upcoming National Night Out Duck Race; the upcoming National Night Out event, and severe weather tips. Council Member Fawcett reported that he attended the following events: the Business Appreciation Night event; the Sister Cities International picnic; the Stars and Stripes Spectacular; the Suffolk Police Department Badge Pinning Ceremony; the groundbreaking for Pioneer Elementary School; and the ribbon cutting for Comfort Care Home Health LLC. Council Member Fawcett opined about the following items: the improvements on Nansemond Parkway and Shoulders Hill Road; the recent bond rating agency trip; and the upcoming grand opening for Moe’s. Council Member Ward advised that he attended a meeting of the Pughsville Civic League and the Stars and Stripes Spectacular. Council Member Ward acknowledged the groundbreaking for Pioneer Elementary School and the grand opening of Dollar General. 10 City Council Regular Meeting July 17, 2013 Council Member Gardy reported that he attended the groundbreaking for the new Pioneer Elementary School and the grand opening of Dollar General. Council Member Duman opined about the City’s fees for banners and signs. Council Member Duman advised that he attended the following activities: the Business Appreciation Night event, the Suffolk Elks Lodge and Suffolk Ruritan Club First Annual Salute to Wounded Warriors, and the Eclipse Independence Day celebration. Council Member Milteer advised that he attended the Sister Cities International picnic. Council Member Milteer announced the expansion of public transit services into the Saratoga area of the City. Council Member Parr reminded residents about the Special Election on August 6th. Council Member Parr announced the upcoming grand opening of Moe’s. Vice Mayor Brown opined about the recent trip to the bond rating agencies. Mayor Johnson shared a letter of appreciation from the Endependence Center thanking the City for its financial support. Mayor Johnson encouraged residents to participate in the upcoming National Night Out event. Mayor Johnson opined about the recent trip the bond rating agencies. Council Member Parr, on a motion seconded by Council Member Duman, 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 9:26 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: AUGUST 21, 2013 11