City Council Meeting Agendas

City Council Regular Meeting September 19, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 19, 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. APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the September 5, 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 There were no items under this portion of the agenda. 1 City Council Regular Meeting September 19, 2018 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 Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #8 - An ordinance to accept and appropriate funding from the Virginia Department of Aviation for promotional events at the Suffolk Executive Airport Referring to Consent Agenda Items #7 and #8, 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 Duman, moved to approve Consent Agenda Items #7 and #8, 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 execution of a lease agreement for Box Hangar #6 for a tenant at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes offered a summary of the background information as printed in the official agenda. James Byrd, 44 Sandra Drive, Newport News, Virginia, representing Curtis Eads Flight School, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. 2 City Council Regular Meeting September 19, 2018 Council Member Milteer, on a motion seconded by Council Member Fawcett, 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 EXECUTION OF A LEASE AGREEMENT FOR BOX HANGAR #6 FOR A TENANT AT THE SUFFOLK EXECUTIVE AIRPORT Public Hearing – An ordinance granting a License Agreement for the non-exclusive right and privilege to occupy and use the streets, alleys and public places of the City of Suffolk for the construction, maintenance, and operation of an interstate Natural Gas Transmission Pipeline within and throughout the corporate limits of the City of Suffolk, Virginia Council Member Duman announced he was disqualified from participating in any transaction related to License Agreement for an interstate natural gas pipeline, as required by Section 2.2-3115(F) of the Code of Virginia. Council Member Johnson announced he was disqualified from participating in any transaction related to License Agreement for an interstate natural gas pipeline, as required by Section 2.2-3115(F) of the Code of Virginia. Vice Mayor Bennett announced he was disqualified from participating in any transaction related to License Agreement for an interstate natural gas pipeline, as required by Section 2.2-3115(F) of the Code of Virginia. Vice Mayor Bennett, Council Member Duman and Council Member Johnson left the chamber. Mayor Johnson explained that this agenda item concerns an invitation for bids for a non-exclusive license agreement for the privilege to use and occupy the property and rights of way of the City of Suffolk as the same now exist, or may hereafter be laid out, for the construction, maintenance and operation of an interstate natural gas transmission pipeline. She further explained, as the license will be in excess of five years, state law requires the City to advertise and invite bids for the use of this public property. Mayor Johnson read the following summary of bid that has been received: Bidder: Atlantic Coast Pipeline, LLC, who has received state and federal approval to construct, maintain, and operate an interstate natural gas transmission pipeline. Atlantic Coast Pipeline, LLC, has submitted a bid in the amount of $50,000 for a license agreement for the nonexclusive right and privilege to occupy and use the streets, alleys and other public places of the City. Mayor Johnson asked if there were any additional bids for consideration. Hearing none, the bidding was declared closed, and Mayor Johnson asked for staff recommendation regarding the bid received. Deputy City Manager D. Scott Mills, who utilizing a PowerPoint presentation, offered a report on the background information as printed in the official agenda. 3 City Council Regular Meeting September 19, 2018 Mayor Johnson opened the public hearing to receive comment on the award of the license agreement to successful bidder, Atlantic Coast Pipeline, LLC. Carol Johanningsmeier, 174 Ashford Drive, representing self, spoke in opposition to the award of the license agreement to Atlantic Coast Pipeline, LLC. Max Bartholomew, 2700 Cromwell Avenue, Norfolk, Norfolk, Virginia, Regional Policy Director State and Local Affairs, Dominion Virginia Power, spoke in support of the award of the license agreement to the Atlantic Coast Pipeline, LLC. Colin Owens, 701 East Main Street, Richmond, Virginia, Project Manager, Atlantic Coast Pipeline, LLC, spoke in support of the award of the license agreement to the Atlantic Coast Pipeline, LLC. Jeff Staples, 1453 Boxwood Drive, Chesapeake, Virginia, representing self, spoke in opposition to the award of the license agreement to Atlantic Coast Pipeline, LLC. Kim Williams, 2616 Bowdens Ferry Road, Norfolk, Virginia, spoke in opposition to the award of the license agreement to Atlantic Coast Pipeline, LLC. Dean McClain, 500 East Main Street, Norfolk, Virginia, representing the Hampton Roads Chamber of Commerce, spoke in support of the award of the license agreement to the Atlantic Coast Pipeline, LLC. Paula Johnson, 2981 Archers Mill Road, representing self, spoke in opposition to the award of the license agreement to the Atlantic Coast Pipeline, LLC. Tina Rockett, 2404 Griggs Court, Virginia Beach, Virginia, representing self, spoke in opposition to the award of the license agreement to the Atlantic Coast Pipeline, LLC. Blaise Bloom, 308 Albert Avenue, Chesapeake, Virginia, representing self, spoke in opposition to the award of the license agreement to the Atlantic Coast Pipeline, LLC. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett called for information regarding the width and the depth of the proposed pipeline. Mr. Bartholomew said that the pipe in Suffolk would be 20 inches in diameter. He added that the pipe would need a 50 feet area around it and have a minimum of three feet of cover. Council Member Fawcett queried about the security features that will be in place once the pipeline is built. Mr. Owens explained that some of the security features include monitoring 24 hours per day and seven days per week. He further explained that the valves can be shut off remotely and will be regulated by State and federal requirements. Council Member Fawcett called for information about the replacement of the land mass when the pipe is installed into an easement. Mr. Owens replied in the affirmative. Council Member Fawcett opined about landslides as result of the installation of the pipeline in North Carolina. Mr. Owens reported he has never heard about any landslides as a result of the installation of a pipeline in North Carolina, but that is not his part of the project. He added that there are mitigation measures in place for steep slopes, but the Virginia section does not have those terrain hazards. 4 City Council Regular Meeting September 19, 2018 Council Member Fawcett inquired about the status of any outstanding permits related to the proposed pipeline. Mr. Owens indicated that there is an outstanding permit for sediment control from the Virginia Department of Environmental Quality. Council Member Fawcett asked if any pipes are currently being installed in Southeastern Virginia. Mr. Owens stated that currently no pipes are being installed in Southeastern Virginia. Council Member Goldberg solicited information about the need for the pipeline. Mr. Owens advised that some industrial customers have indicated that the pipeline is needed to prevent customers from having to curtail their natural gas usage during peak hours. Council Member Goldberg requested information about the former Dominion Chesapeake Energy Center plant, as it relates to the pipeline’s ability to serve as a replacement energy source. Mr. Owens explained that most electric utilities companies are decommissioning coal fired plants like the aforementioned facility. He added that natural gas is replacing coal fired energy in those instances. Council Member Fawcett opined about status of the energy plant at Norfolk Naval Air Station. Mr. Bartholomew replied that he was not aware of the status of that energy plant. Mayor Johnson queried about the relationship between economic development and accessibility to natural gas. Economic Development Director Hughes reported that economic development prospects are often concerned about the availability of natural gas. Mayor Johnson announced that if it is the pleasure of City Council, a motion would be in order at this time to award the license agreement to Atlantic Coast Pipeline, LLC, and to adopt an ordinance naming Atlantic Coast Pipeline, LLC as the grantee. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to award the license agreement to Atlantic Coast Pipeline, LLC, and to adopt an ordinance naming Atlantic Coast Pipeline, LLC as the grantee, by the following vote: AYES: Mayor L. Johnson and Council Members Fawcett, Goldberg, Milteer and Ward 5 NAYS: None 0 ABSTAIN: Vice Mayor Bennett and Council Members Duman and T. Johnson 3 AN ORDINANCE GRANTING A LICENSE AGREEMENT TO ATLANTIC COAST PIPELINE, LLC, FOR THE NON-EXCLUSIVE RIGHT AND PRIVILEGE TO OCCUPY AND USE THE STREETS, ALLEYS AND PUBLIC PLACES OF THE CITY OF SUFFOLK FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF AN INTERSTATE NATURAL GAS PIPELINE WITHIN AND THROUGH THE CORPORATE LIMITS OF THE CITY OF SUFFOLK, VIRGINIA Vice Mayor Bennett, Council Member Duman and Council Member Johnson returned to the chamber. ORDINANCES There were no items under this portion of the agenda. 5 City Council Regular Meeting September 19, 2018 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 Work Session, for October 3, 2018, at 4 p.m., unless cancelled Council Member Milteer, on a motion seconded by Council Member Duman, moved to schedule a Work Session for October 2, 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 NON-AGENDA SPEAKERS Michele Bradstock, 9364 Dixon Road, was not present when called. Ashley Gunn, 6148 Whaleyville Boulevard, representing self, opined about zoning issues. NEW BUSINESS City Clerk Dawley presented the following resolution for City Council’s consideration: a resolution declaring and rescinding a local emergency. 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 DECLARING AND RESCINDING A LOCAL EMERGENCY ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: ribbon cutting for Freddy’s Frozen Custard and Steakburgers; the dedication ceremony of the Damiani Square; the Economic Development Department’s Football Pop-up event; the Oath of Office Ceremony for Fire Chief Michael Barakey; the expiration of the summer burn ban; and the upcoming R(e)cycling Drive and Tire Amnesty Day. Council Member Johnson opined about the upcoming Economic Development Department’s Football Pop-up event. 6 City Council Regular Meeting September 19, 2018 Council Member Johnson announced the upcoming Holland Ruritan Club beach music event. Council Member Johnson reported he attended the 40th anniversary of George’s Steak House. Council Member Ward announced he attended the dedication ceremony of the Damiani Square. Council Member Duman reported he attended the following: the 30th anniversary of the Genieve Shelter; Taste of Suffolk and a basketball clinic hosted by Sugar Rodgers. Council Member Duman opined about Shrimp Feast. Council Member Duman commended staff for their efforts during Hurricane Florence. Council Member Duman announced he attended the dedication ceremony of the Damiani Square. Council Member Milteer reported he attended the dedication ceremony of the Damiani Square and the 40th anniversary of George’s Steak House. Council Member Fawcett commended staff for their efforts during Hurricane Florence. Council Member Fawcett announced he attended the following: Taste of Suffolk; ribbon cutting for Freddy’s Frozen Custard and Steakburgers and the dedication ceremony of the Damiani Square. Council Member Fawcett encouraged residents to participate in the upcoming R(e)cycling Drive and Tire Amnesty Day and Shrimp Feast. Council Member Fawcett reported he attended the 40th anniversary of the George’s Steak House. Council Member Fawcett commended staff for their efforts during Hurricane Florence. Council Member Goldberg commended staff for their efforts during Hurricane Florence. Council Member Goldberg opined about the dedication ceremony of the Damiani Square. Council Member Goldberg announced he attended the following: the 30th anniversary of the Genieve Shelter; the 40th anniversary of the George’s Steak House and Taste of Suffolk. Vice Mayor Bennett commended staff for their efforts during Hurricane Florence. Vice Mayor Bennett thanked staff for disseminating information to residents about a water main break on White Marsh Road. Vice Mayor Bennett reported he attended the ribbon cutting for Freddy’s Frozen Custard and Steakburgers. Vice Mayor Bennett queried about the feasibility of providing residents with sandbags during future hurricanes. 7 City Council Regular Meeting September 19, 2018 Vice Mayor Bennett opined about the upcoming Boys and Girls Club of Southeast Virginia-Suffolk Unit Oyster Roast. Vice Mayor Bennett announced he attended the 30th anniversary of the Genieve Shelter and the Taste of Suffolk. Mayor Johnson commended staff for their efforts during Hurricane Florence. Mayor Johnson thanked Governor Ralph Northam for his leadership during Hurricane Florence. Mayor Johnson encouraged residents to support those impacted by Hurricane Florence. Mayor Johnson reported she attended the dedication ceremony of the Damiani Square. Mayor Johnson opined about the upcoming Suffolk Peanut Fest Queen’s Banquet and the Holland Ruritan Club beach music event. Council Member Fawcett, 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, 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 8:34 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 17, 2018 8