City Council Meeting Agendas

City Council Regular Meeting November 1, 2017 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 1, 2017, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman 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 Council Member Roger W. Fawcett 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. APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the September 20, 2017, Regular Meeting and October 4, 2017, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 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 as presented. 1 City Council Regular Meeting November 1, 2017 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, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 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 funds from the Virginia Department of Criminal Justice Services Byrne/Justice Assistance Grant Program for the Suffolk Police Department Naloxone Program Consent Agenda Item #8 – An ordinance to accept and appropriate funds from the United States Department of Agriculture for the Summer Food Service Program Consent Agenda Item #9 – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund Consent Agenda Item #10 – An ordinance to authorize the transfer of capital project funds from the Multiple Campus Land Acquisition Project to the HVAC Equipment Upgrade Project Consent Agenda Item #11 – An ordinance to reappropriate unspent funds to the School Operating Fund Referring to Consent Agenda Items #7 through #11, City Manager Roberts submitted a review of the background information as printed in the official agenda. Council Member Goldberg, 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, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 PUBLIC HEARINGS Public Hearing – Consideration of an appeal of the decision of the Historic Landmarks Commission in regard to request for Certificate of Appropriateness HLC2017-001 for property located at 112 Linden Avenue, Zoning Map 34G17, Block A, Parcel 271 Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley supplied a summary of the background information as printed in the official agenda. 2 City Council Regular Meeting November 1, 2017 Ahn Phu, 120 Windy Point, representing self, spoke in support of an appeal of the Historic Landmarks Commission. Hearing no additional speakers, the public hearing was closed. Council Member Milteer opined about the property owner’s knowledge about the requirements in the Historical Conservation District as it relates to the materials permitted for roof replacement. Mr. Phu stated that he was only aware that no permit was required to install a roof. Council Member Milteer queried about the staff person who addressed his inquiry. Mr. Phu said he did not know the name of the staff person who addressed his inquiry in the Community Development Division. Referring to the presentation, Council Member Duman asked if the property owner would need to go to the Historic Landmarks Commission if they replaced the architectural shingle roof with a silver standing seam metal roof. Planning and Community Development Director Hainley stated that the property owner would not be required to go back to the Historic Landmarks Commission under that scenario. Council Member Duman moved to modify the decision of the Historic Landmarks Commission to replace the architectural shingle roof over the porch portion of the structure with a silver standing seam metal roof. The motion failed to receive a second. Referring to the presentation, Council Member Goldberg called for a review of the Historic Conservation District. Referring to presentation, Planning and Community Development Director Hainley offered an overview of the background information as printed in the official agenda. Council Member Duman, on a motion seconded by Council Member Goldberg, moved to modify the decision of the Historic Landmarks Commission to replace the architectural shingle roof over the porch portion of the structure with a silver standing seam metal roof. Council Member Johnson queried about the process used by Planning and Community Development Department to advise residents about the regulations in the Historic Conservation District. Planning and Community Development Director Hainley advised that the department generally works with property owners to advise them of the regulations in the district. He added they are in the process of sending letters to property owners in the Historic Conservation District explaining the regulations. Council Member Johnson opined about the information staff would provide if a property owner inquired about the regulations regarding the materials permitted for a roof replacement. Planning and Community Development Director Hainley explained that a property owner would only be advised that a permit is not needed for a roof replacement unless they explained that the property was in the Historic Conservation District. Council Member Johnson sought additional information about the reply provided by staff to Mr. Phu. Planning and Community Development Director Hainley replied that he did not have any additional information aside from the explanation provided by Mr. Phu. 3 City Council Regular Meeting November 1, 2017 Mayor Johnson asked if potential buyers are advised that a property is located in the Historic Conservation District. City Attorney Holland said that new legislation approved by the General Assembly places the responsibility to determine if a property in located in the Historic Conservation District on a potential buyer. Referring to the presentation, Mayor Johnson called for information about any type of documents that would have advised the property owner that the parcel is located in the Historic Conservation District prior to purchase. City Attorney Holland said that her office did find one document that indicated that the parcel under consideration is in the Historic Conservation District. Council Member Ward opined about the challenges related to selling a property in the Historic Conservation District. Mayor Johnson advised that it just depends on the buyer. Referring to the presentation, Vice Mayor Bennett called for a timeline as it relates to the involvement of the Historic Landmarks Commission. Planning and Community Development Director Hainley stated that staff received a complaint and issued a stop work order. He added that the property owner then submitted an appeal to the Historic Landmarks Commission. Mayor Johnson asked Council Member Duman to restate his motion. Council Member Duman, on a motion seconded by Council Member Goldberg, moved to modify the decision of the Historic Landmarks Commission to replace the architectural shingle roof over the porch portion of the structure with a silver standing seam metal roof. Council Member Goldberg queried about the life expectancy of the architectural shingle roof that the property owner installed. Mr. Phu reported that the architectural shingle roof is expected to last about 25 years and a metal roof has about the same life expectancy. Council Member Milteer, on a substitute motion seconded by Council Member Johnson, moved to reserve the decision of the Historic Landmarks Commission and permit the property owner to maintain the architectural shingle roof, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Goldberg, T. Johnson and Milteer 5 NAYS: Council Member Duman and Ward (Council Member Fawcett was excused.) 2 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. 4 City Council Regular Meeting November 1, 2017 MOTIONS Motion - A motion to schedule a Work Session for November 15, 2017, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Duman, moved to schedule a Work Session for November 15 2017, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 NON-AGENDA SPEAKERS Mary DeBerry, 4901 Buchannan Street, was not present when called. NEW BUSINESS Council Member Duman, on a motion seconded by Council Member Ward, moved to direct City Assessor Jean Jackson to prepare a staff report regarding the financial impact of implementation of Article X of the Constitution of Virginia that allows localities to exempt from taxation the real property that is of the surviving remarried spouse of any law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel killed in the line of duty by the December 6, 2017, City Council meeting before the consideration of any potential ordinance on this matter, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: the Keep Suffolk Beautiful Executive Board’s receipt of the Virginia Recycling Association Awards; the ribbon cutting for the Sylvan Learning Center; Suffolk Restaurant Week; Daylight Savings Time; the City’s observance of Veteran’s Day holiday; the Suffolk Humane Society adopt-a-thon and Small Business Saturday. Council Member Johnson congratulated Joan Turner for her receipt of the 2017 Torch Award from the Suffolk Unit of the Boys and Girls Club Advisory Board. Council Member Johnson acknowledged the Keep Suffolk Beautiful Executive Board’s receipt of the Virginia Recycling Association Awards. Council Member Johnson opined about the Suffolk Literacy Council. Council Member Ward extended his condolences to the family of the late Israel Parker. Council Member Ward opined about the Suffolk Literacy Council. 5 City Council Regular Meeting November 1, 2017 Council Member Ward reported he attended Home-a-rama. Council Member Ward thanked Animal Control for their assistance. Council Member Duman announced he attended Driver Days. Council Member Duman opined about Home-a-rama. Council Member Duman opined about a study by Old Dominion University about quality of life in Hampton Roads, specifically Suffolk. Council Member Milteer reported he attended Home-a-rama. Council Member Goldberg thanked the Suffolk Police Department. Mayor Johnson announced she attended the Sixth Annual Suffolk Foundation Community Forum and Luncheon. Mayor Johnson opined about Home-a-rama. Mayor Johnson reported she attended the Sylvan Learning Center ribbon cutting. Mayor Johnson extended her condolences to the family of the late Israel Parker. Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:07 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: DECEMBER 6, 2017 6