City Council Meeting Agendas

City Council Regular Meeting May 16, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 16, 2018, 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 the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of May 16, 2018, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Fawcett, 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 MAY 16, 2018, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting May 16, 2018 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the minutes from the April 18, 2018, 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, Milteer and Ward 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “National Emergency Medical Services Week” Mayor Johnson presented the above referenced item to Fire Chief Cedric Scott and Captain Ray Willet, who offered comments. 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 Fawcett, on a motion seconded by Council Member Duman, 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 funding from the Virginia Outdoors Foundation Open Space Lands Preservation Trust Fund Grant Program for the Jericho Lane Public Access Project Consent Agenda Item #8 - An ordinance to amend the Code of the City of Suffolk Chapter 34, Environment, Article IX, Borrow Pits, Section 34-361, Permit Required Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #10 - A resolution authorizing the City Manager to execute the Third Amendment to the Western Tidewater Regional Water Agreement 2 City Council Regular Meeting May 16, 2018 Referring to Consent Agenda Items #7 through #10, City Manager Roberts submitted a review 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 amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 6, Design and Improvement Standards, Section 31-601, Adequate Public Facilities, and Appendix A, Definitions; OTA2018-001 Utilizing a PowerPoint presentation, Planning and Community Development Assistant Director Robert Goumas offered a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Duman inquired about the timeline for the effective date for the proposed ordinance, should it receive City Council’s approval. Planning and Community Development Assistant Director Goumas reported that should City Council approve the proposed ordinance, it would be effective immediately. Referring to the presentation, Council Member Duman queried about the impact of the proposed ordinance on applications currently under review, should it receive City Council’s approval. Planning and Community Development Assistant Director Goumas said that pending applications were submitted under the criteria of the current ordinance, and staff would work with applicants through the process. Referring to the presentation, Council Member Duman asked if a developer with an application currently under review could amend their application and resubmit it under the criteria in the proposed ordinance. Planning and Community Development Assistant Director Goumas replied in the affirmative. Council Member Milteer, on a motion seconded by Council Member Johnson, 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 3 City Council Regular Meeting May 16, 2018 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-601, ADEQUATE PUBLIC FACILITIES, AND APPENDIX A, DEFINITIONS; OTA2018-001 Public Hearing – A public hearing to receive public comment on the Proposed Fiscal Year 2018-2019 Citywide real estate and mobile homes personal property tax increases Utilizing a PowerPoint presentation, Finance Director Tealan Hansen provided a synopsis of the background information as printed in the official agenda. Sidney Neighbours, 57 Riverview Avenue, Portsmouth, Virginia, President, Education Association of Suffolk, spoke in support of the proposed increase as presented. C. Phillips Ferguson, 150 North Main Street, Commonwealth’s Attorney, spoke in support of funding an additional Assistant Commonwealth's Attorney II position. Angela McElory, 5338 OKelly Drive, representing self, spoke in support of the proposed increase as presented. Hearing no additional speakers, the public hearing was closed. There is no action required at this time as this item will be addressed with the adoption of the Operating and Capital Budget for Fiscal Year 2018-2019 and related ordinances, as amended. Ordinances – Adoption of the proposed Operating and Capital Budget for Fiscal Year 2018-2019 and related ordinances, as amended Utilizing a PowerPoint presentation, Finance Director Tealan Hansen gave a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the ordinances, as amended. Vice Mayor Bennett sought an explanation about the State’s funding for Suffolk Public Schools and the proposed $3,000 increase for teachers. Dr. Deran Whitney, Superintendent, Suffolk Public Schools, advised that its budget is based on former Governor Terry McAuliffe’s budget, which included average 2%-2.5% salary increases. He added that the proposed $3,000 increase for teachers is recommended to avoid compression and remain competitive in the region. Members of City Council opined about the proposed Operating and Capital Budget for Fiscal Year 2018-2019. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the ordinances, as amended, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, Milteer and Ward 6 NAYS: Council Member Duman and T. Johnson 2 4 City Council Regular Meeting May 16, 2018 AN ORDINANCE APPROVING THE CITY BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING JULY 1, 2018, AND ENDING JUNE 30, 2019, AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED AN ORDINANCE LEVYING REAL PROPERTY TAXES FOR THE TAX YEAR BEGINNING JULY 1, 2018, AND ENDING JUNE 30, 2019, FOLLOWING THE MAY 2, 2018, AND MAY 16, 2018, PUBLIC HEARINGS ADOPTING 1% INCREASE IN THE CITYWIDE ASSESSMENT AND A $.04 REAL ESTATE TAX INCREASE ON CITYWIDE REAL ESTATE AN ORDINANCE TO LEVY TAXES ON ALL TANGIBLE PERSONAL PROPERTY NOT EITHER EXEMPT FROM TAXATION OR OTHERWISE TAXED FOR THE 2018 AND 2019 TAX YEARS AN ORDINANCE ADOPTING A FEE SCHEDULE FOR THE CITY OF SUFFOLK, AS AMENDED AN ORDINANCE APPROVING NEW POSITIONS, PAY GRADES, PAY GRADE CHANGES AND JOB DESCRIPTIONS REGARDING THE FISCAL YEAR 2018-2019 OPERATING AND CAPITAL BUDGET AND THE CITY’S CLASSIFICATION AND COMPENSATION PLAN AN ORDINANCE TO PROVIDE FOR A COST OF LIVING ADJUSTMENT OF 2.5% TO ALL FULL-TIME AND REGULAR PART-TIME EMPLOYEES, GRANT EMPLOYEES, CONSTITUTIONAL OFFICERS AND THEIR EMPLOYEES AND CITY COUNCIL APPOINTEES AN ORDINANCE TO APPROPRIATE FUNDS FROM THE CEMETERY FUND RESTRICTED FUND BALANCE FOR THE CEDAR HILL STREAM RESTORATION PROJECT AN ORDINANCE AMENDING SECTIONS 10-66, 10-67, 10-68, AND 10-72 OF THE CODE OF THE CITY OF SUFFOLK TO ALLOW FOR LIFETIME LICENSING OF DOGS AND TO COMPLY WITH THE STATE LAW ORDINANCES Ordinance – An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions of Bennett’s Creek Quarter residential development for properties located at 3347 Bridge Road, Zoning Map 12, Parcel 32; RZN2018-004 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley provided a summary of the background information as printed in the official agenda. 5 City Council Regular Meeting May 16, 2018 Council Member Fawcett, on a motion seconded by Council Member Johnson, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS OF BENNETT’S CREEK QUARTER RESIDENTIAL DEVELOPMENT FOR PROPERTIES LOCATED AT 3347 BRIDGE ROAD, ZONING MAP 12, PARCEL 32; RZN2018-004 (CONDITIONAL) RESOLUTIONS Resolution – A resolution to adopt the Fiscal Year 2018-2019 Annual Action Plan for the City of Suffolk Community Development Block Grant Program (CDBG) and the Western Tidewater Home Consortium Home Investment Partnership Grant Program (HOME) Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summation of the background information as printed in the official agenda. Vice Mayor Bennett, 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 TO ADOPT THE FISCAL YEAR 2018-2019 ANNUAL ACTION PLAN FOR THE CITY OF SUFFOLK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND THE WESTERN TIDEWATER HOME CONSORTIUM HOME INVESTMENT PARTNERSHIP GRANT PROGRAM (HOME) STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session, for June 6, 2018, at 4 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Ward, moved to schedule a Work Session for June 6, 2018, at 4 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 6 City Council Regular Meeting May 16, 2018 NON-AGENDA SPEAKERS Brian Sullivan, 1710 Mill Wood Way, representing self, opined about the need for traffic calming measurers in his neighborhood. Georgette Rodriguez, 1215 Lake Kennedy Drive, representing self, opined about parking concerns in her neighborhood. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Multi Media Analyst Tim Butler reported on the following: ribbon cuttings for Aldi and E-Nails and Spa; the City’s observance of Memorial Day; Clean the Bay Day; and Constitutional Officer’s Day. Council Member Goldberg reported he attended the State of the City and an event at Riddick’s Folly. Council Member Fawcett announced he attended the following: the State of the City and the ribbon cuttings for Aldi and E-Nails and Spa. Council Member Milteer reported he attended the State of the City. Council Member Duman announced he attended the following: National Day of Prayer Breakfast; the Hampton Roads Chamber of Commerce Small Business of the Year Awards; Project Lifesaver fundraiser; Mutt Strut; State of the City; ribbon cutting for Aldi; and Law Enforcement Memorial Service. Council Member Ward reported he attended the following: ribbon cutting for Aldi; State of the City; and Harbourview Civic League meeting. Council Member Johnson announced he attended the following: the State of the City; the Law Enforcement Memorial Service; and Coalition Against Poverty event. Council Member Johnson invited residents to attend the 90th Annual Ruritans Founders Day. Vice Mayor Bennett reported he attended the State of the City. Vice Mayor Bennett opined about a recent train derailment near Suffolk Meadows and the issue raised by Ms. Rodriguez. Vice Mayor Bennett announced he attended the following: Coalition Against Poverty event; the Youth Public Safety Academy graduation; Law Enforcement Memorial Service; and the Hampton Roads Chamber of Commerce Diversity Forum. Mayor Johnson opined about the State of the City. 7 City Council Regular Meeting May 16, 2018 Council Member Fawcett, on a motion seconded by Council Member Ward, 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 8:56 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JUNE 20, 2018 8