City Council Meeting Agendas

City Council Regular Meeting August 21, 2013 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, August 21, 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 August 21, 2013, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Gardy, 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 AUGUST 21, 2013, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the minutes from the July 17, 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 1 City Council Regular Meeting August 21, 2013 SPECIAL PRESENTATIONS Special Presentation – 2013 City United Way Campaign Chief of Staff Deborah George introduced Carol McCormick, President/Chief Executive Officer and Win Winslow, Relationship Manager, Western Tidewater, United Way of South Hampton Roads, who offered information about the above referenced item. 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. She also advised that there was a request for an addition to tonight’s agenda – Staff Report – Tax Exemptions. Hearing no requests for removal of any items, Mayor Johnson advised that a motion was in order at this time to amend as requested and adopt the remaining agenda. Council Member Parr, on a motion seconded by Council Member Duman, moved to amend the agenda to add the following item: Staff Report – Tax Exemptions and adopt the remaining 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 additional Commonwealth Transportation Funds from the Virginia Department of Rail and Public Transportation for the City’s Transit System Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the American Society for the Prevention of Cruelty to Animals for the Suffolk Police Department Animal Shelter Consent Agenda Item #9 - An ordinance to accept and appropriate a Byrne Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Virginia Department of Transportation to assist with the upgrade of the Norfolk Southern Railway crossing at East Washington and Pinner Streets 2 City Council Regular Meeting August 21, 2013 Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Virginia Department of Emergency Management for the Regional ORION Network Sustainment Project Consent Agenda Item #12 - An ordinance to amend Chapter 86 of the Code of the City of Suffolk to govern the use of golf carts on public streets within the City of Suffolk Consent Agenda Item #13 - An ordinance to amend the Code of the City of Suffolk, Chapter 34, Environment, concerning Erosion and Sedimentation Control Consent Agenda Item #14 - An ordinance amending Chapter 35 of the Suffolk City Code concerning stormwater management Vice Mayor Brown queried about the Consent Agenda Items #7, 8, 9, 10 and 11 – an ordinance to accept and appropriate additional Commonwealth Transportation Funds from the Virginia Department of Rail and Public Transportation for the City’s Transit System; an ordinance to accept and appropriate funds from the American Society for the Prevention of Cruelty to Animals for the Suffolk Police Department Animal Shelter; an ordinance to accept and appropriate a Byrne Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department; an ordinance to accept and appropriate funds from the Virginia Department of Transportation to assist with the upgrade of the Norfolk Southern Railway crossing at East Washington and Pinner Streets; and an ordinance to accept and appropriate funds from the Virginia Department of Emergency Management for the Regional ORION Network Sustainment Project. Council Member Parr called for summaries of Consent Agenda Items #7, 8, 9, 10, 11, 12, 13, and 14 - an ordinance to accept and appropriate additional Commonwealth Transportation Funds from the Virginia Department of Rail and Public Transportation for the City’s Transit System; an ordinance to accept and appropriate funds from the American Society for the Prevention of Cruelty to Animals for the Suffolk Police Department Animal Shelter; an ordinance to accept and appropriate a Byrne Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department; an ordinance to accept and appropriate funds from the Virginia Department of Transportation to assist with the upgrade of the Norfolk Southern Railway crossing at East Washington and Pinner Streets; an ordinance to accept and appropriate funds from the Virginia Department of Emergency Management for the Regional ORION Network Sustainment Project; an ordinance to amend Chapter 86 of the Code of the City of Suffolk to govern the use of golf carts on public streets within the City of Suffolk; an ordinance to amend the Code of the City of Suffolk, Chapter 34, Environment, concerning Erosion and Sedimentation Control; and an ordinance amending Chapter 35 of the Suffolk City Code concerning stormwater management. 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 offered a synopsis of the background information as printed in the official agenda. Referring to Consent Agenda Item #9, City Manager Cuffee-Glenn gave a report on the background information as printed in the official agenda. Referring to Consent Agenda Item #10, City Manager Cuffee-Glenn provided a summation of the background information as printed in the official agenda. 3 City Council Regular Meeting August 21, 2013 Referring to Consent Agenda Item #11, City Manager reviewed the background information as printed in the official agenda. Referring to Consent Agenda Item #12, Public Works Director Nielsen furnished an overview of the background information as printed in the official agenda. Referring to Consent Agenda Item #13, Public Works Director Nielsen outlined the background information as printed in the official agenda. Referring to Consent Agenda Item #14, Public Works Director Nielsen presented the background information as printed in the official agenda. Referring to Consent Agenda Item #10, Council Member Parr opined about the impact of the proposed ordinance as it relates to the establishment of quiet zones. City Manager Cuffee-Glenn explained that should the proposed ordinance be approved, it would be a positive step in the establishment of quiet zones. Referring to Consent Agenda Item #7, Council Member Parr asked if the proposed ordinance would enhance public transit citywide. City Manager Cuffee-Glenn replied in the affirmative. Referring to Consent Agenda Item #12, Council Member Duman queried about the feasibility of amending Section e of the proposed ordinance, specifically changing the proposed requirement for construction of 95% of all planned homes in a subdivision to 75%. City Manager Cuffee-Glenn stated that amendment would be feasible. Council Member Duman, on a motion seconded by Vice Mayor Brown, moved to amend Consent Agenda Item #12 as follows – “designation for golf cart operation shall only be applicable for complete subdivisions that are under City highway maintenance and have at least 75% of all planned homes constructed” and approve the remaining Consent Agenda items, 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 Rezoning Request RZ03-12 (Conditional), William Reid Active Adult Development, submitted by Dynamic Homes Corporation, property owner, to request a change in zoning from RLM, Residential Low-Medium Density Zoning District, to RU, Residential Urban Zoning District (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills submitted a summary of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance as presented: Whitney Saunders, 705 West Washington Street, representing Dynamic Homes Corporation. 4 City Council Regular Meeting August 21, 2013 Melissa Venable, no address given, representing Dynamic Homes Corporation, property owner. Betty Knight, 2018 Airport Road, representing self. Jeff Barone, 211 Water Pointe Way, representing self. Carolyn Nicholas, 304 Nickel Avenue, representing self. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Parr asked about the location of the drainage. Referring to the PowerPoint, Ms. Venable explained that the drainage would sheetflow across the applicant’s site. Referring to the presentation, Council Member Parr called for clarification about the flow. Ms. Venable stated that the flow would go under Godwin Boulevard. Referring to the presentation, Council Member Parr opined about the relation of the flow as it relates to the Western Tidewater Regional Jail. Public Works Director Nielsen said that it appears that the flow travels toward the Nansemond River. Referring to the presentation, Council Member Duman queried about the feasibility of creating a right turn lane on William Reed Drive. Public Works Director Nielsen indicated that he would need to review the likelihood of that improvement. He added that a traffic study was completed on this parcel, which determined that the project did not meet the warrants for improvements. Referring to the presentation, Council Member Duman inquired about the inclusion of sidewalks in the proposed improvements. Ms. Venable replied that there will be sidewalks on the property owner’s frontage. Referring to the presentation, Council Member Duman sought additional information about the inclusion of sidewalks to Godwin Boulevard. Ms. Venable reiterated that the sidewalks would only be on the property owner’s frontage. Council Member Duman asked about the feasibility of installing sidewalks to Godwin Boulevard. Public Works Director Nielsen advised that would require funding to be identified. Council Member Milteer, 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 TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED AT 2283 WILLIAM REID DRIVE, FURTHER IDENTIFIED AS ZONING MAP 25A, PARCEL SA32, RZ3-12 (CONDITIONAL) 5 City Council Regular Meeting August 21, 2013 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution – A resolution to initiate the rezoning of property identified as Tax Map 34G17, Parcels 3*G and A*8 from O-I, Office-Institutional District to CBD, Central Business District and Tax Map 34G17, Parcels A*9, 3*C, 3*D, and 3*F, and a portion of 3*B+E from RM, Residential Medium District to CBD, Central Business District Utilizing a PowerPoint presentation, Planning and Community Development Mills gave a report on the background information as printed in the official agenda. Referring to the presentation, Council Member Gardy asked if the parcel under consideration was owned by the City. Planning and Community Development Director Mills replied in the affirmative. Council Member Gardy, 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 Resolution – A resolution approving the issuance by the Suffolk Redevelopment and Housing Authority of its multifamily housing revenue bonds for the acquisition, construction, renovation, rehabilitation and equipping of the approximately 104 unit Wilson Pines Apartments housing facility located in the City of Suffolk, Virginia Finance Director Anne Seward offered a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Gardy queried about any potential impact on the City’s bond rating, should the proposed resolution be approved. Finance Director Seward explained that should City Council approve the proposed resolution, there would be no impact on the City’s bond rating. Council Member Gardy, on a motion seconded by Vice Mayor Brown, 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 ISSUANCE BY THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY OF ITS MULTIFAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF THE APPROXIMATELY 104 UNIT WILSON PINES APARTMENTS HOUSING FACILITY LOCATED IN THE CITY OF SUFFOLK, VIRGINIA 6 City Council Regular Meeting August 21, 2013 STAFF REPORTS Staff Report – Tax Exemptions (This item was added under Removal of Items from the Consent Agenda and Adoption of the Agenda portion of tonight’s proceedings.) Utilizing a PowerPoint presentation, Finance Director Anne Seward supplied information on the above referenced item. Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to direct staff to prepare an ordinance for City Council’s consideration that places a moratorium on future nonprofit tax exemption requests until such time as the economy improves. Referring to the presentation, Council Member Duman asked about the number of tax exempt parcels in 2004 and 2013. Finance Director Seward said she only had information for 2013, and there were 66 tax exempt properties. Members of City Council opined about the proposed motion. Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to direct staff to prepare an ordinance for City Council’s consideration that places a moratorium on future nonprofit tax exemption requests until such time as the economy improves, by the following vote: AYES: Council Members Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 7 NAYS: Council Member Duman 1 MOTIONS Motion – A motion to schedule a public hearing to be held on September 4, 2013, to receive public comment on a proposed ordinance exempting the real property of the Lake Prince Center, Incorporated, a nonprofit 501(c)(3) organization, located at 100 Anna Goode Way, Suffolk, Virginia 23434 Council Member Gardy stated he wished to continue this item to September 18, 2013, City Council meeting. Council Member Parr indicated that he would offer a second to the motion if it was amended to continue consideration of this item to the October 16, 2013, City Council meeting Mayor Johnson called on City Attorney Holland to speak to the feasibility of continuing this item. City Attorney Holland advised that the City Code requires City Council to hold a public hearing on the proposed ordinance within 60 days of receiving the application. Mayor Johnson asked when the application was received. Finance Director Seward said that City Council would be outside of the 60 day time period if the proposed ordinance was continued. Council Member Parr, on a motion seconded by Council Member Fawcett, moved to schedule a public hearing to be held on September 4, 2013, to receive public comment on a proposed ordinance exempting the real property of the Lake Prince Center, Incorporated, a nonprofit 501(c)(3) organization, located at 100 Anna Goode Way, Suffolk, Virginia 23434, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 7 City Council Regular Meeting August 21, 2013 Motion - A motion to schedule a Work Session for September 4, 2013, at 4:00 p.m., unless cancelled Council Member Duman, on motion seconded by Council Member Milteer, moved to schedule a Work Session for September 4, 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 Calvin Prince, 437 Wellons Street, was not present when called. Stacey Falls, 204 Oakwood Avenue, was not present when called. Katherine Pond, 107 Riverside Drive, representing self, opined about her real estate taxes. The following individuals expressed concerns about proposed organizations changes at it relates to the Nansemond Suffolk Volunteer Rescue Squad: Barbara Smith, 428 Market Street, Vice President, Nansemond Suffolk Volunteer Rescue Squad. W. Lawrence Daniels, 428 Market Street, representing self. Jeff Brittingham, 7295 Harvest Drive, representing self. Robert Hundley, 1205 Mount Pleasant Drive, representing self. Clinton Jenkins, 2029 Hickorywood Drive, representing self, opined about growth in the City and Douglas Schneider, 2920 Old Galberry Road, Chesapeake, Virginia, representing self, expressed concerns about proposed organizations changes at it relates to the Nansemond Suffolk Volunteer Rescue Squad. Rick Francis, Post Office 212, Courtland, Virginia, representing self, express his appreciation to the City’s Tourism Division for its assistance with the Virginia Court Clerk’s Association Annual Convention. Steve Wiloughby, 428 Market Street, representing self, expressed concerns about proposed organizations changes at it relates to the Nansemond Suffolk Volunteer Rescue Squad. W. Melvin Smith, 507 Kilby Shores Drive, representing self, expressed concerns about proposed organizations changes at it relates to the Nansemond Suffolk Volunteer Rescue Squad. Lorraine Yuriar, 412 Waterwheel Crescent, representing self, opined about the recent City Council and School Board retreat. 8 City Council Regular Meeting August 21, 2013 NEW BUSINESS Council Member Duman queried City Council’s authority as it relates to discussing proposed organizational changes within the Nansemond Suffolk Volunteer Rescue Squad. City Attorney Holland advised that the City Code stated that the Fire Chief makes the regulations for fire service with the concurrence of the City Manager. ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following activities: the upcoming National Night Out Community Awards; the recent Nansemond Indian Tribal Association Land Dedication Ceremony; the Suffolk Summer Work Success Program Closing Ceremony; Moe’s Southwest Grill and Briggs of Suffolk Home Health Agency ribbon cuttings; business expansions for Continental Terminals, Incorporated and Pender and Coward Attorneys and Counselors at Law; 25th Annual APEX Awards for Publication Excellence Media and Community Relations received by the Media and Community Relations Department; announcement of Ken Beam as the City’s new Information Technology Director; the upcoming 2013 Teen Summit Conference sponsored by the Parks and Recreation Department; and a reminder about the new dog tethering ban. Council Member Ward opined about National Night Out. Council Member Gardy reported that he attended the Nansemond Indian Tribal Association and PowWow and Land Dedication Ceremony. Council Member Fawcett advised that he attended the following: the Nansemond Indian Tribal Association Land Dedication Ceremony; the Virginia Court Clerk’s Association Annual Banquet; and the reception for Peanut Fest Queen. Council Member Fawcett opined about the Nansemond Suffolk Volunteer Fire Department. Council Member Duman reported that he attended the Virginia Municipal League Environmental Policy Committee meeting; the Nansemond Indian Tribal Association and PowWow and Land Dedication Ceremony. Council Member Duman opined about the Nansemond Suffolk Volunteer Rescue Squad. Council Member Milteer advised he attended the following: the Nansemond Indian Tribal Association and PowWow and Land Dedication Ceremony and the New Teachers Breakfast. Council Member Milteer announced an upcoming community meeting regarding a sewer project. Council Member Parr commented on an upcoming Western Tidewater Jail Board Authority. Council Member Parr announced the upcoming Jericho Day Celebration. Council Member Parr thanked Police Chief Thomas Bennett for his department’s assistance with issues in some of the Suffolk Redevelopment and Housing Authority’s communities. 9 City Council Regular Meeting August 21, 2013 Vice Mayor Brown opined about comments made during the Non-Agenda speakers portion of the agenda. Mayor Johnson reported she attended National Night Out. Mayor Johnson advised she attended the Nansemond Indian Tribal Association and PowWow and Land Dedication Ceremony. Council Member Parr, on a motion seconded by Council Member Gardy, 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 9:55 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTEMBER 18, 2013 10