City Council Meeting Agendas

City Council Regular Meeting October 18, 2017 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 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 led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Attorney Holland clarified that the correct Virginia Code Section for tonight’s Closed Meeting is Virginia Code Section 2.2-3711(A)(1) and (A)(8) not (A)(3) as previously stated. City Clerk Dawley presented a resolution certifying the Closed Meeting of October 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 OCTOBER 18, 2017, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting October 18, 2017 APPROVAL OF THE MINUTES Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the September 20, 2017, Work Session, 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 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. Council Member Milteer, on a motion seconded by Council Member Johnson, 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 items: Consent Agenda Item #7 – An ordinance to accept and appropriate a 2017 Port Security Grant from the United States Department of Homeland Security for the Suffolk Police Department Consent Agenda Item #8 – An ordinance to accept and appropriate funds from the National Park Service for planning and preliminary design of water access to the Nansemond River Consent Agenda Item #9 – An ordinance authorizing the City Manager to approve the First Amendment to Lease for the Whaleyville Communications Tower Lease with Cellco Partnership d/b/a/ Verizon Wireless Consent Agenda Item #10 – An ordinance renaming Character Corner, located on the southwest corner of the intersection of Main Street and West Washington Street, as Damiani Square Referring to Consent Agenda Items #7 through #10, City Manager Roberts submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting October 18, 2017 Council Member Milteer, on a motion seconded by Council Member Fawcett, 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 place of worship, (small, under 6,000 square feet in the main sanctuary), on property located at 2941 Bridge Road, Zoning Map 12, Parcel(s) 12D and 12H; C24-14 Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley supplied a summary of the background information as printed in the official agenda. Bill Powell, no address given, Pastor, Village Christian Fellowship Church, applicant, spoke in support of the proposed ordinance, as presented. Ricky Latta, 1311 Holland Road, representing self, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett opined about process used to determine the proposed traffic pattern. Traffic Engineer Robert Lewis explained that the proposed traffic pattern was recommended after working with the applicant for two years. Referring to the presentation, Council Member Fawcett sought the length of the taper for the right turn lane. Traffic Engineer Lewis indicated that has not yet been determined, but at this point it will be a standard turn lane. 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, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMT TO ESTABLISH A PLACE OF WORSHIP (SMALL, UNDER 6,000 SQUARE FEET IN THE MAIN SANCTUARY), ON PROPERTY LOCATED AT 2941 BRIDGE ROAD, ZONING MAP 12, PARCEL(S) 12D AND 12H; C24-14 Public Hearing – An ordinance to grant a conditional use permit to establish a school, business or trade, on property located at 3575 Bridge Road, Zoning Map 12, Parcel 55*1; CUP2017-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered a synopsis of the background information as printed in the official agenda. 3 City Council Regular Meeting October 18, 2017 Kim Teixeria, no address given, applicant, representing Bennett’s Creek Crossing, LLC, property owner, 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 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 SCHOOL, BUSINESS OR TRADE, ON PROPERTY LOCATED AT 3575 BRIDGE ROAD, ZONING MAP 12, PARCEL 55*1; CUP2017-001 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures, Subsection (b) Accessory Uses Permitted in Conjunction with Residential Uses; OTA2017-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a report on the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Milteer moved for approval of the ordinance. The motion failed to receive a second. Planning and Community Development Director Hainley clarified that the proposed ordinance would require a conditional use permit for a family day home that serves between five and twelve children. Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented. Council Member Johnson queried about any potential impact on the existing family day homes as it relates to the proposed ordinance. Planning and Community Development Director Hainley explained that there will be no impact on all existing family day homes, should City Council approve the proposed ordinance. Council Member Goldberg asked whether the family day homes would operate in single family homes. Planning and Community Development Director Hainley replied in the affirmative. Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 4 City Council Regular Meeting October 18, 2017 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-701, ACCESSORY USES AND STRUCTURES, SUBSECTION (B) ACCESSORY USES PERMITTED IN CONJUNCTION WITH RESIDENTIAL USES; OTA2017-001 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, Section 31-702, Animal Regulations and Agricultural Production Operations and Facilities, and Appendix A, Definitions; OTA2017-002 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley summarized the background information as printed on the official agenda. Hearing no speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented: 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 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-702, ANIMAL REGULATIONS AND AGRICULTURAL PRODUCTION OPERATIONS AND FACILITIES, AND APPENDIX A, DEFINITIONS; OTA2017-002 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. 5 City Council Regular Meeting October 18, 2017 MOTIONS Motion - A motion to schedule a Work Session, for November 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 November 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 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: Suffolk Clean Communities Commission Keep Suffolk Beautiful Executive Committee – Deborah Farrell and William Farrell. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to appoint the above referenced individuals to the aforementioned body, 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 Timothy Kelley reported on the following: the ribbon cuttings for the Department of Defense Suffolk Complex community walkway, Cecilia’s Boutique and Gifts and Metropolitan Church Credit Union; the expansion of Welspun USA Incorporated at Virginia Regional Commerce Park Building B; the receipt of the Stairway to Success Award Gold Level by the Social Services Department - Early Childhood Development Commission; the Suffolk Fire and Rescue Awards and Recognition Ceremony; the 22nd Annual City Treasurer’s United Way Golf Tournament; Home-a-rama; the Parks and Recreation Department’s Drive-In Movie in the Park; the Touch a Truck, Train and Trick or Treat event; and the hours for trick or treat. Council Member Johnson opined about the receipt of the Stairway to Success Award Gold Level by the Social Services Department - Early Childhood Development Commission. Council Member Johnson opined about businesses in downtown. Council Member Goldberg announced the Hampton Roads Radio Control Toys for Tot event. Council Member Fawcett reported he attended the ribbon cutting for the Department of Defense Suffolk Complex community walkway and the Suffolk Fire and Rescue Awards and Recognition Ceremony. 6 City Council Regular Meeting October 18, 2017 Council Member Fawcett opined about the receipt of the Stairway to Success Award Gold Level by the Social Services Department - Early Childhood Development Commission and the 22nd Annual City Treasurer’s United Way Golf Tournament. Council Member Ward announced he attended the following: the anniversary/dedication celebration for East End Baptist Church and ribbon cuttings for Cecilia’s Boutique and Gifts, Metropolitan Church Credit Union and the Department of Defense Suffolk Complex community walkway. Council Member Milteer reported he attended the ribbon cutting for Metropolitan Church Credit Union. Council Member Duman opined about Shrimp Feast. Council Member Duman announced he attended the following: ribbon cuttings for Cecilia’s Boutique and Gifts and Metropolitan Church Credit Union and the Suffolk Fire and Rescue Awards and Recognition Ceremony. Council Member Duman opined about the renaming of Character Corner to Damiani Square. Vice Mayor Bennett reported he attended the following: the Suffolk Fire and Rescue Awards and Recognition Ceremony and the ribbon cutting for Metropolitan Church Credit Union. Vice Mayor Bennett thanked the Suffolk Police Department and the Suffolk Fire and Rescue Department for their assistance with the anniversary/dedication of the new East End Baptist Church. Vice Mayor Bennett encouraged residents to support the Salvation Army fundraiser. Vice Mayor Bennett congratulated Titan Contractors, Incorporated on its 25th anniversary. Mayor Johnson announced she attended the ribbon cutting for the Department of Defense Suffolk Complex community walkway and the 242nd United States Navy Birthday Celebration. Mayor Johnson thanked the Suffolk Fire and Rescue Department for their efforts at Sleepy Hole Golf Course. Mayor Johnson opined about Driver Days, Peanut Fest, Festival of Flight, Home-a-rama and the Parks and Recreation Department’s Drive-In Movie in the Park. 7 City Council Regular Meeting October 18, 2017 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 8:01 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 15, 2017 8