City Council Meeting Agendas

City Council Regular Meeting January 16, 2019 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, January 16, 2019, 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. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of January 16, 2019, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Milteer, 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 JANUARY 16, 2019, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting January 16, 2019 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the December 5, 2018, Regular Meeting and December 19, 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. 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 Duman, on a motion seconded by Council Member Johnson, moved to remove Consent Agenda Item #12 for a separate vote 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 Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Virginia Department of Transportation State of Good Repair Program and to transfer local Urban Maintenance Funds toward the reconstruction or replacement of identified locally owned bridges Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Transportation Congestion Mitigation and Air Quality Improvement Program for the design and construction of the Nansemond Parkway Traffic Signal Upgrades (UPC-102990) Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Transportation Congestion Mitigation and Air Quality Improvement Program for the design and construction/deployment of Emergency Vehicle Preemption equipment Citywide (UPC – 113826) Consent Agenda Item #10 - An ordinance to accept and appropriate a V-STOP Reduction in Domestic Violence Grant from the Virginia Department of Criminal Justice Services 2 City Council Regular Meeting January 16, 2019 Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Virginia Office of Emergency Medical Services Rescue Squad Assistance Fund for the Suffolk Department of Fire and Rescue Consent Agenda Item #13 - A resolution adopting the amended Financial Policies for the City of Suffolk Referring to Consent Agenda Items #7 through #11 and Consent Item #13, 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 Goldberg, moved to approve Consent Agenda Items #7 through #11 and Consent Agenda Item #13, 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 Consent Agenda Item #12 - An ordinance amending Chapter 2 of the Code of the City of Suffolk Concerning City Council Standing Committees by amending Sections 2-461 and 2-462, repealing Sections 2-463 through 2-467 and renumbering and reserving additional sections Council Member Duman moved to amend an ordinance amending Chapter 2 of the City of Suffolk concerning City Council Standing Committees by amending Sections 2-461 and 2-462; repealing Sections 2-463, 2-465, 2-466, and 2-467; renumbering and reserving additional sections; and that the ordinance draft eliminate the strikethrough of section 2-464. The motion failed to receive a second. Members of City Council opined about the advantages and disadvantages of the potential elimination of the Education Committee, alternative opportunities for joint meetings of the City Council and the School Board and the former City-School Committee on Collaborative Fiscal Concerns. Council Member Fawcett opined about the potential City Council representation on the Education Committee. Mayor Johnson replied that should the motion be approved, and the Education Committee remains in place, she and Vice Mayor Bennett would serve on the committee. Members of City Council opined about the advantages and disadvantages of the potential elimination of the Education Committee, alternative opportunities for joint meetings of the City Council and the School Board and the former City-School Committee on Collaborative Fiscal Concerns. Council Member Duman, on a motion seconded by Council Member Ward, moved to amend an ordinance amending Chapter 2 of the City of Suffolk concerning City Council Standing Committees by amending Sections 2-461 and 2-462; repealing Sections 2-463, 2-465, 2-466, and 2-467; renumbering and reserving additional sections; and that the ordinance draft eliminate the strikethrough of Section 2-464, by the following vote: AYES: Council Members Duman, Fawcett, Goldberg, T. Johnson, and Ward 5 NAYS: Mayor L. Johnson, Vice Mayor Bennett and Council Member Milteer 3 3 City Council Regular Meeting January 16, 2019 PUBLIC HEARINGS Public Hearing – An ordinance authorizing the acquisition of real property in fee simple and permanent easements, either by agreement or condemnation, for the Southern Water Transmission Main Phase G Project and the Southern Sewer Line and Pump Station Village Pointe Drive to Kings Highway Project Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor offered a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Goldberg, 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 ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE SOUTHERN WATER TRANSMISSION MAIN PHASE G PROJECT AND THE SOUTHERN SEWER LINE AND PUMP STATION VILLAGE POINTE DRIVE TO KINGS HIGHWAY PROJECT Public Hearing – An ordinance to grant a Conditional Use Permit to establish an indoor amusement, entertainment, and recreation center on property located at 1008 Portsmouth Boulevard, Zoning Map 35, Parcel 83E*1; CUP2018-010 City Manager Roberts explained there would be additional information included in the presentation that was not included in the staff report. Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley submitted a review of the background information as printed in the official agenda as well as provided additional information about the proposed indoor amusement, entertainment, and recreation center. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., applicant, representing John Lewis and Dianna Temple, Vape Lovers, LLC, agent, representing Nick Anoia, 6539C East Virginia Beach Boulevard, LLC, property owner, spoke in support of the proposed ordinance. Danny Story, 273 Rose Street, Mooresville, North Carolina, representing Vape Lovers, LLC, agent, spoke in support of the proposed ordinance. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., applicant, representing John Lewis and Dianna Temple, Vape Lovers, LLC, agent, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 4 City Council Regular Meeting January 16, 2019 Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to deny the ordinance, as presented. Referring to the presentation, Council Member Duman called for clarification about the need for a conditional use permit, if the facility was limited to retail sales of vapor and vapor-related products. Planning and Community Development Director Hainley said if the facility was limited to retail sales of vapor and vapor-related products, a conditional use permit would not be required. Referring to the presentation, Council Member Duman asked if the conditional use permit is required for the indoor amusement, entertainment, and recreation center. Planning and Community Development Director Hainley replied in the affirmative. On a substitute motion, Council Member Milteer moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Goldberg sought information about the potential rewards from the electronic games in the proposed indoor amusement, entertainment, and recreation center and any type of mandatory purchases in order to play the electronic games. Mr. Story said that a customer cannot play unless they buy a product, and playing the electronic games is not mandatory. He added that a customer does not always win a prize when playing the electronic games, but there is the potential for a cash prize. Council Member Ward inquired about any type of partition for smokers and non-smokers. Mr. Saunders reported that the facility has a ventilation system. Council Member Ward asked about the number of electronic games in the business on the parcel under consideration. Mr. Story stated that the facility has 60 games. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to deny the ordinance, as presented, by the following vote: AYES: Vice Mayor Bennett, and Council Members Duman, Fawcett, and T. Johnson 4 NAYS: Mayor L. Johnson, Council Members Goldberg, Milteer and Ward 4 The motion failed on a tie vote. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to deny an ordinance to grant a Conditional Use Permit to establish an indoor amusement, entertainment, and recreation center on property located at 1008 Portsmouth Boulevard, Zoning Map 35, Parcel 83E*1. City Attorney Holland explained that in order to reconsider the proposed ordinance, a motion to reconsider is required. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to reconsider an ordinance to grant a Conditional Use Permit to establish an indoor amusement, entertainment, and recreation center on property located at 1008 Portsmouth Boulevard, Zoning Map 35, Parcel 83E*1, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Ward 7 NAYS: Council Member Milteer 1 5 City Council Regular Meeting January 16, 2019 Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to deny an ordinance to grant a Conditional Use Permit to establish an indoor amusement, entertainment, and recreation center on property located at 1008 Portsmouth Boulevard, Zoning Map 35, Parcel 83E*1, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Ward 7 NAYS: Council Member Milteer 1 Public Hearing – An ordinance to grant a Conditional Use Permit to amend the previously approved conditions pertaining to a Day Care, Child Day Center, on property located at 300 Executive Court, Zoning Map 26, Parcels 35C*1, 35C*2, 35C*3, 35C*3A, 35C*4, and 35C*A; CUP2018-012 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a report of the background information as printed in the official agenda. Stuart Bonnell, 325 Volvo Parkway, Hassell and Folkes, P.C., applicant, representing Janet Owen, The Children’s Center, property owner, 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 Vice Mayor Bennett, 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 AMEND THE PREVIOUSLY APPROVED CONDITIONS PERTAINING TO A DAY CARE, CHILD DAY CENTER, ON PROPERTY LOCATED AT 300 EXECUTIVE COURT, ZONING MAP 26, PARCELS 35C*1, 35C*2, 35C*3, 35C*3A, 35C*4, AND 35C*A; CUP2018-012 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a place of worship, large, at least 6,000 square feet in main sanctuary, on property located at 1242 Holland Road, Zoning Map 34D, Parcel A; CUP2018-015 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a summation of the background information as printed in the official agenda. Michael Brueseke, 1935 Joliff Road, Chesapeake, Virginia, Senior Pastor, Community Church International, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 6 City Council Regular Meeting January 16, 2019 Council Member Goldberg, on a motion seconded by Council Member Johnson, 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 PLACE OF WORSHIP, LARGE, AT LEAST 6,000 SQUARE FEET IN MAIN SANCTUARY, ON PROPERTY LOCATED AT 1242 HOLLAND ROAD, ZONING MAP 34D, PARCEL A; CUP2018-015 Public Hearing – A Concurrent Resolution Adopting Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia Utilizing a PowerPoint presentation, Deputy City Manager D. Scott Mills provided a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. *Note from the City Clerk - while City Council took action at this time, the official vote on the Concurrent Resolution Adopting Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia took place under the portion of the agenda entitled Resolutions. Council Member Duman, on a motion seconded by Council Member Goldberg, 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 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution – A resolution for the City Council of the City of Suffolk to adopt and approve the Concurrent Resolution and Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia and authorizing the Mayor of the City of Suffolk to execute the Concurrent Resolution Adopting Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia Deputy City Manager Mills offered a summary of the background information as printed in the official agenda. 7 City Council Regular Meeting January 16, 2019 Council Member Goldberg, on a motion seconded by Council Member Johnson, 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 FOR THE CITY COUNCIL OF THE CITY OF SUFFOLK TO ADOPT AND APPROVE THE CONCURRENT RESOLUTION AND AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA AND AUTHORIZING THE MAYOR OF THE CITY OF SUFFOLK TO EXECUTE THE CONCURRENT RESOLUTION ADOPTING AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA Resolution – A resolution approving the issuance by the Suffolk Redevelopment and Housing Authority of its Multifamily Housing Revenue Bonds for the acquisition, construction, renovation, rehabilitation and equipping of the approximately 113 unit Cypress Manor Apartments Housing Facility located in the City of Suffolk, Virginia Utilizing a PowerPoint presentation, Tracey Snipes, Executive Director, Suffolk Redevelopment and Housing Authority, provided a report on the background information as printed in the official agenda. City Manager Roberts added that the proposed resolution does not create any moral or financial responsibility for the City. Vice Mayor Bennett, on a motion seconded by Council Member Ward, 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 APPROVING THE ISSUANCE BY THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY OF ITS MULTIFAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF THE APPROXIMATELY 113 UNIT CYPRESS MANOR APARTMENTS HOUSING FACILITY LOCATED IN THE CITY OF SUFFOLK, VIRGINIA Resolution – A resolution approving the formation of legal entities by the Suffolk Redevelopment and Housing Authority to facilitate the renovation of Cypress Manor Apartments and Parker Riddick Apartments Utilizing a PowerPoint presentation, Tracey Snipes, Executive Director, Suffolk Redevelopment and Housing Authority, submitted a review of the background information as printed in the official agenda. City Manager Roberts added that the propose resolution will enable the Suffolk Redevelopment and Housing Authority to create public private partnerships. 8 City Council Regular Meeting January 16, 2019 Vice Mayor Bennett, 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 APPROVING THE FORMATION OF LEGAL ENTITIES BY THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TO FACILITATE THE RENOVATION OF CYPRESS MANOR APARTMENTS AND PARKER RIDDICK APARTMENTS STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session, for February 6, 2019, at 4 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a Work Session for February 6, 2019, 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 Lloyd Gatling, 324 Sussex Court, was not present when called. Meg Diggs, 5214 Regatta Point Road, representing self, opined about the proposed addition to Northern Shores Elementary School in the Capital Improvement Program. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations for City Council’s consideration: Historic Landmarks Commission – George Bailey, Jr. and the Suffolk Redevelopment and Housing Authority – Anthony Parker. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to nominate and 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 9 City Council Regular Meeting January 16, 2019 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley reported on the following: grand opening for Pourfavor Coffee Shop and World Class Realty; the Finance Department’s receipt of the Government Finance Officers Association’s Distinguished Budget Presentation Award; the presentation of the Downtown Suffolk Business Pitch grants; the City’s observance of the Lee-Jackson Day and Martin Luther King, Jr. Day holidays; and the City webpage to report citizen concerns. Council Member Goldberg announced he attended the grand opening for Pourfavor Coffee Shop and World Class Realty. Council Member Goldberg congratulated the recipients of the Downtown Suffolk Business Pitch grants. Council Member Fawcett opined about an employee of Suffolk Fire and Rescue who recently lost her home to a fire. Council Member Fawcett thanked Police Chief Thomas Bennett for his department’s assistance with a constituent concern. Council Member Fawcett reported he attended the grand opening for Pourfavor Coffee Shop and World Class Realty. Council Member Fawcett opined about the Finance Department’s receipt of the Government Finance Officers Association’s Distinguished Budget Presentation Award. Council Member Milteer opined about the presentation during today’s Work Session of the Fiscal Year 2018 Comprehensive Annual Financial Report and Financial Advisor Update. Council Member Duman announced he attended the grand opening for Pourfavor Coffee Shop and World Class Realty. Council Member Duman congratulated the recipients of the Downtown Suffolk Business Pitch grants. Council Member Ward acknowledged Ms. Diggs, who attended tonight’s meeting. Council Member Johnson reported on a recent meeting with the City’s consultants about the Historic District guidelines. Council Member Johnson congratulated the recipients of the Downtown Suffolk Business Pitch grants and the Finance Department on their receipt of the Government Finance Officers Association’s Distinguished Budget Presentation Award. Vice Mayor Bennett acknowledged Kellie Adamson, reporter, Suffolk News Herald, who was attending her last meeting. Mayor Johnson acknowledged Kellie Adamson, reported, Suffolk News Herald, who was attending her last meeting. 10 City Council Regular Meeting January 16, 2019 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 9:14 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: FEBRUARY 20, 2019 11