City Council Meeting Agendas

City Council Regular Meeting September 20, 2017 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 20, 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 led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 20, 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 SEPTEMBER 20, 2017, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 20, 2017 APPROVAL OF THE MINUTES Council Member Goldberg, on a motion seconded by Council Member Milteer, moved to approve the minutes from the August 16, 2017, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 ABSTAIN: Council Member Duman 1 SPECIAL PRESENTATIONS Special Presentation – 40th Annual Suffolk Peanut Fest, October 5-8, 2017 Utilizing a PowerPoint presentation, Tourism Development Manager Theresa Earles introduced Jody Cadwell, Chairman, Peanut Fest, and gave an overview of the background information as printed in the official agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson advised that a motion was in order at this time to adopt the agenda. She announced City Manager Roberts had a proposed amendment. City Manager Roberts explained that Item #21, a resolution to adopt the Suffolk Bicycle and Pedestrian Master Plan, has been duly advised as a Public Hearing. He added that the item needs to be moved to Public Hearing portion of the agenda. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to moved Item #21 to the Public Hearing portion of the agenda as previously outlined and adopt the remainder of 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 items: Consent Agenda Item #7 – An ordinance to accept and appropriate funds from the Virginia Department of Transportation for improvements to the traffic signal control equipment on Bridge Road from College Drive to Eclipse Drive 2 City Council Regular Meeting September 20, 2017 Consent Agenda Item #8 – An ordinance to accept and appropriate funds from the Virginia Department of Transportation for Suffolk Bypass Intelligent Transportation System Improvements on the Route 58 Bypass from the City of Chesapeake limits to Holland Road Consent Agenda Item #9 – An ordinance to accept and appropriate funds from the Virginia Department of Transportation for pavement improvements on Route 58 Consent Agenda Item #10 – An ordinance to accept and appropriate funds from the Virginia Department of Transportation for the installation of a five foot wide concrete sidewalk on the north side of Portsmouth Boulevard Consent Agenda Item #11 – An ordinance to accept and appropriate funds from the Library of Virginia Circuit Court Records Preservation Program for the Clerk of the Circuit Court Consent Agenda Item #12 – An ordinance to accept and appropriate funds from Virginia Municipal League Insurance Programs for the City of Suffolk Risk Management Program Consent Agenda Item #13 – An ordinance to accept and appropriate funds from the United States Tennis Association Mid-Atlantic Section for the City of Suffolk Department of Parks and Recreation Consent Agenda Item #14 – An ordinance to accept and appropriate proceeds from the Commonwealth’s Opportunity Fund Consent Agenda Item #15 – An ordinance to appropriate funds from the Road Maintenance Fund Restricted Fund Balance for Bridge Repairs Consent Agenda Item #16 – A resolution authorizing the City Manager to execute the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration between the City of Suffolk and the Hampton Roads Sanitation District that provides for water quality credits to meet Chesapeake Bay nutrient and sediment reduction requirements of the City’s Municipal Separate Storm Sewer System (MS4) permit Referring to Consent Agenda Items #7 through #16, City Manager Roberts submitted a review of the background information as printed in the official agenda. Council Member Milteer, on a motion seconded by Council Member Duman, 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 authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, Finance Director Tealan Hansen supplied a summary of the background information as printed in the official agenda. 3 City Council Regular Meeting September 20, 2017 Hearing no speakers, the public hearing was closed. Council Member Fawcett moved for approval of the ordinance. The motion failed to receive a second. Referring to the presentation, Council Member Duman opined about the inclusion of the capitalized interest in the bond amount and the potential impact on water and sewer rates. Finance Director Hansen explained that the reason to capitalize interest is to bring in revenue prior to repayment. 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 AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF Public Hearing – An ordinance to grant a Conditional Use Permit to establish a residential cluster subdivision with a bonus density for property located on Pitchkettle Road, Zoning Map 25, Parcels 69 and 69A and a portion of Zoning Map 34, Parcel 6; C14-16 Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley offered a synopsis of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., representing Stephen M. Blevins, Blakeway Corporation, agent, spoke in support of the proposed ordinance, as presented. Gilbert Wirth, 609 River Strand, Chesapeake, Virginia, Wirth Development, applicant, spoke in support of the proposed ordinance, as presented. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., representing Stephen M. Blevins, Blakeway Corporation, agent, spoke in support of the proposed ordinance, as presented. Jack Sharkey, 1115 Heron’s Point Lane, representing self, 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: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, Milteer and Ward 7 NAYS: Council Member T. Johnson 1 4 City Council Regular Meeting September 20, 2017 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A RESIDENTIAL CLUSTER SUBDIVISION WITH A BONUS DENSITY FOR PROPERTY LOCATED ON PITCHKETTLE ROAD, ZONING MAP 25, PARCELS 69 AND 69A AND A PORTION OF ZONING MAP 34, PARCEL 6; C14-16 Public Hearing – An ordinance to grant a conditional use permit to establish a funeral home on property located at 268 Holladay Street, Zoning Map 34G19(A), Parcels 49 and 49A; C11-17 Council Member Goldberg announced he would not participate in the deliberation or action on the proposed ordinance due to a professional conflict. Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a report on the background information as printed in the official agenda. Hollis Ellis, 321 Office Square Lane, Virginia Beach, Virginia, agent, representing Kenneth C. Alexander, applicant, spoke in support of the proposed ordinance, as presented. April Anderson, 402 Woodroff Street, representing self, spoke in opposition to the proposed ordinance, as presented. Hollis Ellis, 321 Office Square Lane, Virginia Beach, Virginia, agent, representing Kenneth C. Alexander, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Vice Mayor Bennett queried about the seating capacity for the proposed funeral home. Planning and Community Development Director Hainley reported that proposed funeral home would have 164 seats. Referring to the presentation, Vice Mayor Bennett asked about the number of parking spaces for the proposed funeral home. Planning and Community Development Director Hainley stated that the proposed funeral home would have 41 parking spaces. Council Member Fawcett, on a motion seconded by Council Member Duman, 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, T. Johnson, Milteer and Ward 7 NAYS: None. 0 ABSTAIN: (Council Member Goldberg was not present at the time of the vote.) 1 Council Member Goldberg announced that he was disqualified from the deliberation and the action on the proposed ordinance as required by Section 2.2.-3115(F) of the Code of Virginia and would provide a letter to this effect to City Clerk Dawley. 5 City Council Regular Meeting September 20, 2017 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A FUNERAL HOME ON PROPERTY LOCATED AT 268 HOLLADAY STREET, ZONING MAP 34G19(A), PARCELS 49 AND 49A; C11-17 Public Hearing - A resolution to adopt the Suffolk Bicycle and Pedestrian Master Plan, as an amendment to Suffolk 2035: A Vision for the Future, City of Suffolk Comprehensive Plan (This item was moved from the Resolutions portion of the agenda to Public Hearings, as it was duly advertised as such.) Planning and Community Development Director Hainley introduced Jennifer Koch, Rhodeside and Harwell, Incorporated, the City’s bicycle and pedestrian master plan consultants. Utilizing a PowerPoint presentation, Ms. Koch summarized the background information as printed on the official agenda. Hearing no speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION TO ADOPT THE SUFFOLK BICYCLE AND PEDESTRIAN MASTER PLAN, AS AN AMENDMENT TO SUFFOLK 2035: A VISION FOR THE FUTURE, CITY OF SUFFOLK COMPREHENSIVE PLAN 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. 6 City Council Regular Meeting September 20, 2017 MOTIONS Motion - A motion to schedule a Joint Work Session, with the School Board, for October 4, 2017, at 4:00 p.m., unless cancelled Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to schedule a Joint Work Session, with the School Board, for October 4, 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 There were no speakers under this portion of the agenda. NEW BUSINESS City Clerk Dawley presented the following nominations to boards and commissions for City Council’s consideration: Virginia Municipal League Annual Conference Business Meeting – Vice Mayor Leroy Bennett (voting delegate) and Council Member Lue Ward (alternate voting delegate) and Virginia Municipal League Annual Conference Urban Section Meeting – Council Member Roger Fawcett (voting delegate) and Vice Mayor Leroy Bennett (alternate voting delegate). Council Member Goldberg, on a motion seconded by Council Member Johnson, 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 City Clerk Dawley presented the following item: a motion to nominate David L. Arnold for consideration by the Office of the Governor for reappointment to the Southeastern Public Service Authority Board of Directors. Council Member Duman, on a motion seconded by Council Member Fawcett, a motion to nominate David L. Arnold for consideration by the Office of the Governor for reappointment to the Southeastern Public Service Authority Board of Directors, 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 7 City Council Regular Meeting September 20, 2017 City Manager Roberts explained that City Council had previously scheduled a retreat for September 28th and 29th and at this time he would request that City Council make a motion to cancel the City Council Retreat scheduled for September 28-29, 2017. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to cancel the City Council retreat scheduled for September 28-29, 2017, 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 Director Diana Klink reported on the following: the Suffolk Bar-be-que Company at Suffolk Executive Airport and CVS ribbon cuttings; the observance of National Preparedness Month; the Suffolk Peanut Fest Queen’s Pageant and Banquet; and the Suffolk Peanut Fest Parade. Council Member Johnson announced he attended the 150th anniversary of Zion Christian Church. Council Member Ward announced he attended the Suffolk Police Department Badge Pinning Ceremony and the CVS ribbon cutting. Council Member Fawcett encouraged residents to attend the Shrimp Feast. Council Member Fawcett reported he attended the Suffolk Bar-be-que Company at the Suffolk Executive Airport and CVS ribbon cuttings. Council Member Fawcett opined about the R(e)cycling and Tire Amnesty event. Council Member Fawcett announced he attended the Walk to End Alzheimer's and the Suffolk Police Department Badge Pinning Ceremony. Council Member Duman reported he attended the Taste of Suffolk and the CVS ribbon cutting. Council Member Duman encouraged residents to attend the Shrimp Feast. Council Member Duman commended the Public Works Department for debris collection. Council Member Milteer announced he attended Taste of Suffolk. Vice Mayor Bennett congratulated John Harrell on his receipt of the First Citizen Award from the Suffolk Rotary and North Suffolk Rotary Clubs. Vice Mayor Bennett encouraged residents to attend the Boys and Girls Club of Southeastern Virginia- Suffolk Unit Oyster Roast. 8 City Council Regular Meeting September 20, 2017 Vice Mayor Bennett reported he attended the following: the Suffolk Police Department Badge Pinning Ceremony; the Suffolk Bar-be-que Company at the Suffolk Executive Airport and CVS ribbon cuttings and the Taste of Suffolk. Mayor Johnson announced she attended the Suffolk Police Department Badge Pinning and the Suffolk Bar-be-que Company at the Suffolk Executive Airport and CVS ribbon cuttings Mayor Johnson encouraged residents to attend the following: the Peanut Fest Parade; the Boys and Girls Club of Southeastern Virginia-Suffolk Unit Oyster Roast and the Chuckatuck Volunteer Fire Department Fish Fry. Mayor Johnson congratulated Becky Reed for her receipt of the Women in Defense Greater Hampton Roads award. 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 8:40 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 1, 2017 9