City Council Meeting Agendas

City Council Regular Meeting June 15, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 15, 2016, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, Sr. (arrived at 7:05 p.m.) Lue R. Ward, Jr. Patrick G. Roberts, 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. Vice Mayor Bennett offered 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 June 15, 2016, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the resolution, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Ward 7 NAYS: None (Council Member Milteer was not present.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JUNE 15, 2016, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the May 18, 2016, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Ward 7 NAYS: None (Council Member Milteer was not present.) 0 1 City Council Regular Meeting June 15, 2016 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 Consent Agenda items for separate action. Hearing no requests for removal any of the items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as presented. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to adopt the agenda as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers 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 a grant from the Virginia Tourism Corporation in support of the Suffolk DRIVE Tourism program for the Department of Economic Development Tourism Division Consent Agenda Item #8 - An ordinance amending Chapter 30, Article III of the Code of the City of Suffolk for the purpose of replacing the phrase “14 days” with “45 days” for the confirmation of a declaration of a local emergency by the local governing body Council Member Milteer moved to approve the Consent Agenda as presented. The motion failed to receive a second. Council Member Fawcett called for an explanation of Consent Agenda Item #8 – an ordinance amending Chapter 30, Article III of the Code of the City of Suffolk for the purpose of replacing the phrase “14 days” with “45 days” for the confirmation of a declaration of a local emergency by the local governing body Referring to Consent Agenda Item #8, City Manager Roberts supplied a review of the background information as printed in the official agenda. 2 City Council Regular Meeting June 15, 2016 Council Member Milteer, on a motion seconded by Council Member Johnson, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing – An ordinance to grant a Conditional Use Permit to establish a day care (family day home, six to twelve children), on property located at 125 Squire Reach, Zoning Map 25L, Parcel 3*113; C04-16 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas supplied a summary of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance as presented: Robbin Reid, no address given, applicant and property owner. Doug Williams, 157 Squire Reach, representing self. Jeanetta Wilson, 131 Squire Reach, representing self. Efertayer Webster, 143 Squire Reach, representing self. Ken Flenoy, 184 Squire Reach, representing self. Desiree Nazareth, 123 Squire Reach, representing self. Karen Shell, 111 Squire Reach, representing self. Candace Keys, 220 Jonathans Way, representing self. Shameka Lewis, 109 Squire Reach, representing self. Melinda Blow, 4234 White Heron Point, Portsmouth, Virginia, representing self. Robbin Reid, no address given, applicant and property owner. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. 3 City Council Regular Meeting June 15, 2016 Referring to the presentation, Council Member Duman asked the applicant if she would be willing to have a maximum of eight children. Ms. Reid stated that she would like 12 children, which is the maximum number permitted. Referring to the presentation, Council Member Duman queried about the number of parking spots available at the family home day care. Ms. Reid explained that she parks her car in the garage, which results in three parking spots. She added there are not four cars present at one time. Referring to the presentation, Council Member Duman opined about the correlation between the number of children at a family home day care and the parking requirements. Acting Planning and Community Development Director Goumas advised that the parking requirements are determined by the property’s square feet, not the number of children. Referring to the presentation, Council Member Duman asked if reducing the number of children of the family home day care to between eight and ten would reduce the number of parking spaces required. Acting Planning and Community Development Director Goumas reiterated that the parking requirements are determined by the property’s square feet, not the number of children. Mayor Johnson inquired about the number of cars owned by the applicant. Ms. Reid reported she owned one car. Council Member Goldberg sought clarification about the willingness of the applicant’s neighbor to allow the applicant to use her parking spaces if needed. Ms. Reid said that her neighbor is willing to allow her to use her parking spaces if needed. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions. Referring to the presentation, Council Member Fawcett solicited information about the drop off times for the family home day care. Ms. Reid indicated that children are dropped off between 6:30 a.m. and 9:30 a.m. and they are staggered. Council Member Fawcett inquired about the number of employees at the family day care. Ms. Reid stated that she has one additional employee, and another employee will start soon. Council Member Ward opined about the timeline to reach the maximum of 12 children as requested by the applicant. Ms. Reid explained as she would need time to prepare her facility of that number of children, she would anticipate reaching the maximum in 2017. Mayor Johnson asked if the applicant’s employees live within the community. Ms. Reid replied in the affirmative. Council Member Duman called for an explanation about a conditional use permit, as it relates to it being tied to the applicant or the property. Acting Planning and Community Development Director Goumas advised that a conditional use permit remains attached to the property, not the applicant. Council Member Duman opined that should City Council approve the proposed ordinance and a new person purchased the property, the new owner would be permitted to operate a family home day care. Acting Planning and Community Development Director Goumas replied in the affirmative. 4 City Council Regular Meeting June 15, 2016 On a substitute motion, Council Member Duman moved to approve the proposed ordinance and limit the number of children to eight. The motion failed to receive a second. Council Member Fawcett queried about the legality to limiting the operation of a family home day care to the current applicant and property owner. City Attorney Holland advised that would not be a legal option. Mayor Johnson sought information about the timeframe for the validity of a conditional use permit. City Attorney Holland stated that if the conditional use permit is not used in two years, then it will expire and no longer be vaild. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE (FAMILY DAY HOME, SIX TO TWELVE CHILDREN), ON PROPERTY LOCATED AT 125 SQUIRE REACH, ZONING MAP 25L, PARCEL 3*113; C04-16 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-406, Use Regulations, Article 7, Supplemental Use Regulations, Section 31-707, Home Occupations, and Appendix A, Definitions; OA03-16 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas provided a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 4, ZONING, SECTION 31-406, USE REGULATIONS, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-707, HOME OCCUPATIONS, AND APPENDIX A, DEFINITIONS; OA03-16 ORDINANCES Ordinance – An ordinance to amend Chapter 90 of the Code of the City of Suffolk by amending Section 90-393, repealing and reenacting Section 90-397, and renumbering and reserving an additional section of Article V, Billing Procedure 5 City Council Regular Meeting June 15, 2016 Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor gave a report on the background information as printed in the official agenda. Council Member Fawcett moved to approve the ordinance as presented. The motion failed to receive a second. Referring to the presentation, Council Member Duman opined that the proposed ordinance will reflect the State Code requirement to notify an account holder be notified within thirty days of delinquency. Public Utilities Director Moor replied in the affirmative. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 90 OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING SECTION 90-393, REPEALING AND REENACTING SECTION 90-397, AND RENUMBERING AND RESERVING AN ADDITIONAL SECTION OF ARTICLE V, BILLING PROCEDURE Ordinance – An ordinance to amend Chapter 38 of the Code of the City of Suffolk by adding Section 38-38.1, Volunteer Mental Health Treatment and Counseling Program, to provide a mental health treatment and counseling program to volunteer fire companies and volunteer emergency medical agencies Utilizing a PowerPoint presentation, Human Resources Director Nancy Olivo supplied a synopsis of the background information as printed in the official agenda. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 38 OF THE CODE OF THE CITY OF SUFFOLK BY ADDING SECTION 38-38.1, VOLUNTEER MENTAL HEALTH TREATMENT AND COUNSELING PROGRAM, TO PROVIDE A MENTAL HEALTH TREATMENT AND COUNSELING PROGRAM TO VOLUNTEER FIRE COMPANIES AND VOLUNTEER EMERGENCY MEDICAL AGENCIES RESOLUTIONS There were no items under this portion of the agenda. 6 City Council Regular Meeting June 15, 2016 STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a public hearing on July 6, 2016, on the conveyance of approximately 26.36 acres of land area to Suffolk Public Schools for a middle school to be constructed on Parcel 6*11 on Burbage Drive Council Member Fawcett, on a motion seconded by Council Member Ward, moved to schedule the above referenced public hearing, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Motion – A motion to schedule a public hearing on July 6, 2016, on the conveyance of approximately 9.26 acres of land area to Suffolk Public Schools for an elementary school to be constructed on Parcel 20*43A located on Nansemond Parkway Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule the above referenced public hearing, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Motion – A motion to schedule a Work Session for July 6, 2016, at 4:00 p.m. unless cancelled Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to schedule a Work Session for July 6, 2016, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 NON-AGENDA SPEAKERS David Bupp, 324 South Main Street, representing self, opined about his neighbors. Michael Olson, 1820 Mountainside Avenue, representing self, opined about backyard chickens. Amparo Brown, 416 Waterwheel Crescent, representing self, spoke in support of backyard chickens. 7 City Council Regular Meeting June 15, 2016 NEW BUSINESS City Clerk Dawley presented the following boards and commissions nominations for City Council’s consideration: Community Policy and Management Team (parent representative) – Jewel Goodman and Fine Arts Commission – Mary Beth Dale. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward. 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: ribbon cutting for Star Pointe Academy; grand re-opening of Farm Fresh; American Heart Association HeartChase Challenge event and Mayor Johnson’s receipt of the Lifestyle Change Award; Suffolk Youth Achievement Awards; Virginia Law Enforcement Torch Run for Special Olympics; T.G.I.F. Summer Concert Series; Stars and Stripes Spectacular; the City’s observance of Independence Day holiday and City’s severe weather tips and updates webpage. Council Member Milteer reported he attended Suffolk Youth Achievement Awards. Council Member Ward reported he attended area high school graduations. Council Member Ward acknowledged the retirement of Nansemond River High School principal Thomas McLemore. Council Member Johnson acknowledged the speakers in attendance that addressed backyard chickens. Council Member Johnson announced he attended the unveiling of the Highway Marker Ceremony for Somerton Friends Meeting. Council Member Goldberg reported he attended the grand re-opening of Farm Fresh. Council Member Goldberg acknowledged the retirement of Nansemond River High School principal Thomas McLemore. Council Member Fawcett announced he attended the Suffolk Youth Achievement Awards and a tour of the Southeastern Public Service Authority. Council Member Fawcett opined about the Virginia Law Enforcement Torch Run for Special Olympics. Council Member Duman opined about the work session regarding backyard chickens. Council Member Duman acknowledged the speakers in attendance that addressed backyard chickens. 8 City Council Regular Meeting June 15, 2016 Vice Mayor Bennett reported he attended the following: the Old Dominion Bar Association luncheon honoring City Attorney Holland; the grand re-opening of Farm Fresh and the Suffolk Youth Achievement Awards. Vice Mayor Bennett thanked the Suffolk Business Women for their donation to the Boys and Girls Club and Project Lifesaver. Vice Mayor Bennett reported overgrown shrubs at the corner of South 6th Street and Diggs Court. Vice Mayor Bennett announced he attended the unveiling of the Highway Marker Ceremony for Somerton Friends Meeting. Vice Mayor Bennett acknowledged the retirement of Nansemond River High School principal Thomas McLemore. Mayor Johnson reported she attended the following: the ribbon cutting for Star Pointe Academy; the grand re-opening for Farm Fresh and the Suffolk Youth Achievement Awards. Mayor Johnson opined about the Virginia Law Enforcement Torch Run for Special Olympics. Mayor Johnson announced she attended the unveiling of the Highway Marker Ceremony for Somerton Friends Meeting. Mayor Johnson advised that the highway marker at Somerton Friends Meeting is blocked by a highway sign. Mayor Johnson acknowledged the speakers in attendance that addressed backyard chickens. There being no further business to come before City Council, the regular meeting was adjourned by unanimous consent at 8:32 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JULY 20, 2016 9