City Council Meeting Agendas

City Council Regular Meeting January 18, 2017 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, January 18, 2017, 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. 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. Council Member Milteer offered the Invocation and Duncan Irvine, Boy Scout Troop # 1, lead the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of January 18, 2017, 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, Milteer and Ward 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JANUARY 18, 2017, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting January 18, 2017 APPROVAL OF THE MINUTES Council Member Milteer, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the December 7, 2016, and December 21, 2016, Work Sessions and Regular Meetings, 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 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEM 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 Goldberg, on a motion seconded by Council Member Fawcett, 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 proceeds from the Commonwealth’s Opportunity Fund for Economic Development Incentives Consent Agenda Item #8 – An ordinance to reappropriate unspent local funds and amend the Fiscal Year 2016-2017 School Operating Fund Budget Council Member Milteer called for a summary of Consent Agenda Items #7 and #8 - an ordinance to accept and appropriate proceeds from the Commonwealth’s Opportunity Fund for Economic Development Incentives and an ordinance to reappropriate unspent local funds and amend the Fiscal Year 2016-2017 School Operating Fund Budget. 2 City Council Regular Meeting January 18, 2017 Referring to Consent Agenda Items #7 and #8, City Manager Roberts provided a summation of the background information as printed in the official agenda. Council Member Fawcett, 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 mini-warehouse, for property located at 1918 Holland Road, Zoning Map 33N, Parcel B; C13-16 Mayor Johnson called on Council Member Goldberg to address City Council. Council Member Goldberg stated that he was disqualifying himself from participating in any transaction related to Conditional Use Permit C13-16 as required by Section 2.2-3115(F) of the Code of Virginia, as he represents Hearndon Construction Corporation in the sale of the subject property through his employer, Harvey Lindsay Commercial Real Estate. Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley offered a report on the background information as printed in the official agenda. Brad Martin, 448 Viking Drive, Virginia Beach, Virginia, American Engineering Associates, agent, representing Justin T. Bush, Hoffler Bush Properties, LLC, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. City Manager Roberts and Planning and Community Development Director Hainley advised City Council that the name of the property owner in the ordinance is misspelled as Heardon Construction Corporation, and the correct spelling is Hearndon Construction Corporation. City Manager Roberts suggested that the proposed ordinance should be amended the reflect the correct spelling, should it be approved by City Council. Referring to the presentation, Council Member Johnson queried about the landscaping requirements. Planning and Community Development Director Hainley explained that the property owners will be required to install landscaping along English Oak Drive and the rear of the property. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance. Referring to the motion, City Clerk Dawley clarified that the motion would include the amendment with the correct spelling of the name of the property owner. Council Member Duman and Council Member Fawcett replied in the affirmative. 3 City Council Regular Meeting January 18, 2017 Council Member Duman, on an amended motion seconded by Council Member Fawcett, moved to approve the ordinance regarding the name of the property owner and the remainder of the ordinance as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 7 NAYS: None 0 ABSTAIN: Council Member Goldberg 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A MINI- WAREHOUSE, FOR PROPERTY LOCATED AT 1918 HOLLAND ROAD, ZONING MAP 33N, PARCEL B; C13-16 Public Hearing – A public hearing to receive public comment on potential amendments to Chapter 31 of the Unified Development Ordinance of the Code of the City of Suffolk to expand areas within the City in which urban/backyard chickens may be kept Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summary of the background information as printed in the official agenda. The following individuals spoke in support of expanding areas within the City in which urban/backyard chickens may be kept: Rick Sowards, 1836 Mountainside Avenue, representing self. Jeremy Fehrman, 1414 Falcon Street, representing self. John Hooten, 1001 English Oak Drive, representing self. Millicent Dove, 852 Colonel Meade Drive, representing self. Jamie Johnson, 6504 Holland Road, representing self. Rebecca Franklin, 1424 Planters Drive, representing self. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Milteer called for clarification about the proposed ordinance as it relates to the confinement of urban/backyard chickens. Planning and Community Development Director Hainley explained that no proposed ordinance has been presented. Council Member Johnson moved to refer to the Planning Commission the issue of expanding the areas in which urban/backyard chickens are permitted and provide City Council with an ordinance for consideration. The motion failed to receive a second. 4 City Council Regular Meeting January 18, 2017 Council Member Ward opined about the areas that may be impacted should the City expand the areas in which urban/backyard chickens are permitted. Planning and Community Development Director Hainley said that issue would need to be need addressed, but the matter currently under consideration would allow urban/backyard chickens in residential districts. Mayor Johnson clarified the action currently under consideration would send to the Planning Commission the question of expanding the areas in which urban/backyard chickens are permitted. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to refer to the Planning Commission the issue of expanding the areas in which urban/backyard chickens are permitted and provide City Council with an ordinance for consideration that addressed the following: where to expand; whether determined by zoning districts and/or minimum lot size; maximum number and gender; housing/enclosure requirements; location and setback requirements; animal care and biosecurity; nuisances; and permitting and licensing requirements. Members of City Council opined about the issue of expanding the areas in which urban/backyard chickens are permitted. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to refer to the Planning Commission the issue of expanding the areas in which urban/backyard chickens are permitted and provide City Council with an ordinance for consideration that addressed the following: where to expand; whether determined by zoning districts and/or minimum lot size; maximum number and gender; housing/enclosure requirements; location and setback requirements; animal care and biosecurity; nuisances; and permitting and licensing requirements, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 7 NAYS: Council Member Goldberg 1 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing for February 1, 2017, at 7:00 p.m., regarding the lease of farm land located at Lone Star Lakes Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to schedule a public hearing for February 1, 2017, at 7:00 p.m., regarding the lease of farm land located at Lone Star Lakes, by the following vote: 5 City Council Regular Meeting January 18, 2017 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 February 1, 2017, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a Work Session for February 1, 2017, 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 Arthur Elliott, 318 West Washington Street, Apartment 2, representing self, opined about the Suffolk Redevelopment and Housing Authority. Anthony Grant, Jr., 4281 Cole Avenue, representing self, opined about the Community Development Division. Carolyn White, 4216 Coltrane Avenue, representing Pughsville Civic League, spoke about the infrastructural needs of the Pughsville community. Tiffany Beroid, 1775 K Street, Northwest, Washington D.C., representing United Food and Commercial Workers International Union, spoke in opposition to the businesses practices at Walmart. NEW BUSINESS City Clerk Dawley presented the following nominations to boards and commissions for City Council’s consideration: Community Policy and Management Team (parent representative) – Dwaine Wilson; Economic Development Authority (at large) – Robert Barclay; Planning Grant Steering Committee (Bicycle and Pedestrian Master Plan - City Council representative) – Council Member Timothy Johnson; and Tidewater Emergency Medical Services Board – Deputy Fire Chief Brian Spicer. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to 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 a PowerPoint presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: the appointment of the Suffolk Police Department’s LGBTQ Liaisons; Suffolk Workforce Development Center’s Job Corps Information Session; Suffolk Public Library’s Big Idea Fair; free federal and state tax return preparation at the Suffolk Workforce Development Center; and the City’s roadway problem application and website. 6 City Council Regular Meeting January 18, 2017 Council Member Johnson opined about the reorganization of Morgan Memorial Library. Council Member Johnson thanked City Administration for its response to the recent snow event. Council Member Johnson thanked Duncan Irvine for attending tonight’s meeting. Council Member Johnson congratulated City Attorney Holland on being named a Fellow by the Virginia Law Foundation. Council Member Johnson thanked the residents who spoke on urban/backyard chickens for attending. Council Member Ward congratulated City Attorney Holland on being named a Fellow by the Virginia Law Foundation. Council Member Ward opined about the needs of the Pughsville area. Council Member Duman reported he attended the retirement ceremony for Stephanie Burch and the budget community meetings. Council Member Duman encouraged residents to participate in the City’s online budget survey. Council Member Duman congratulated City Attorney Holland on being named a Fellow by the Virginia Law Foundation. Council Member Duman announced the Suffolk Humane Society Paws for the Arts Fundraiser. Council Member Milteer thanked City Administration for repairs to Adams Swamp Road. Council Member Fawcett opined about Mr. Grant’s concerns. Council Member Fawcett thanked City Administration for its response to the blizzard. Council Member Fawcett reported he attended the budget community meeting. Council Member Duman encouraged residents to participate in the City’s online budget survey. Council Member Fawcett congratulated City Attorney Holland on being named a Fellow by the Virginia Law Foundation. Council Member Fawcett advised he attended the retirement ceremony for Major Stephanie Burch. Council Member Fawcett encouraged residents to report potholes. Council Member Fawcett thanked the residents who spoke on urban/backyard chickens for attending. Council Member Goldberg congratulated City Attorney Holland on being named a Fellow by the Virginia Law Foundation. Council Member Goldberg opined about Mr. Elliott’s remarks. 7 City Council Regular Meeting January 18, 2017 Vice Mayor Bennett reported that a ditch at 4940 Nansemond Parkway that needs to be cleaned. Vice Mayor Bennett reported on curb and gutter issues in the Poplarwood area. Vice Mayor Bennett congratulated City Attorney Holland on being named a Fellow by the Virginia Law Foundation. Vice Mayor Bennett thanked City Administration for its response to the blizzard. Vice Mayor Bennett opined about the need for a homeless shelter for men. Vice Mayor Bennett reminded residents about the detour on Nansemond Parkway and Wilroy Road. Vice Mayor Bennett thanked the residents who spoke on urban/backyard chickens for attending. Mayor Johnson thanked all of the speakers for attending tonight’s meeting. Mayor Johnson congratulated City Attorney Holland on being named a Fellow by the Virginia Law Foundation. Mayor Johnson announced she attended the retirement ceremony for Major Stephanie Burch. Mayor Johnson opined about the detour on Nansemond Parkway and Wilroy Road. Mayor Johnson thanked City Administration for its response to the blizzard. Mayor Johnson reported she met with Miss Virginia Teen USA Madison Walker. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to adjourn, 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 There being no further business to come before City Council, the regular meeting was adjourned at 8:46 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: FEBRUARY 15, 2017 8