City Council Meeting Agendas

City Council Regular Meeting July 15, 2020 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 15, 2020, at 6:00 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. City Clerk Dawley called the roll, and all members of City Council were in attendance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of July 15, 2020, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Ward 7 NAYS: None 0 (Council Member Milteer was out of the chamber at the time of the vote.) A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JULY 15, 2020, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 15, 2020 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the April 15, 2020, Regular Meeting, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Ward 7 NAYS: None 0 (Council Member Milteer was out of the chamber at the time of the vote.) 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. Council Member Fawcett, on a motion seconded by Council Member Goldberg, to adopt the agenda, as presented, by the following roll call 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 Fiscal Year 2020- 2021 Community Development Block Grant and Home Investment Partnership Program funding from the United States Department of Housing and Urban Development Consent Agenda Item #8 - An ordinance to accept and appropriate CARES Act Coronavirus Relief Community Development Block Grant funds from the United States Department of Housing and Urban Development Consent Agenda Item #9 - An ordinance to accept and appropriate CARES Act Coronavirus Relief Funds from the United States Department of Transportation Federal Aviation Administration for the Suffolk Executive Airport Consent Agenda Item #10 - An ordinance to accept and appropriate a Creative Communities Partnership Grant award from the Virginia Commission for the Arts 2 City Council Regular Meeting July 15, 2020 Consent Agenda Item #11 – An ordinance to amend Chapter 66 of the Code of the City of Suffolk to add Section 66-281.1 regarding Recognition Leave Consent Agenda Item #12 – An ordinance amending Section 66-232, of the Code of the City of Suffolk to Amend Grievable Issues Consent Agenda Item #13 – An ordinance to amend Section 66-283, of the Code of the City of Suffolk regarding Military Leave Pay Referring to Consent Agenda Items #7 through #13, City Manager Roberts submitted a review of the background information as printed in the official agenda. Referring to Consent Agenda Item #11, Council Member Duman opined about the possible incentives for Recognition Leave. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the Consent Agenda, as presented, by the following roll call 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 rezone and amend the official zoning map of the City of Suffolk, to change the zoning from O-I, Office-Institutional zoning district, to RU-12, Residential Urban-12 zoning district, for property located at 6808 Harbour View Boulevard, Zoning Map 6, Parcel 2J*C; RZN2019-010 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley submitted a report on the background information as printed in the official agenda. Melissa Venable, 5857 Harbour View Boulevard, Land Planning Solutions, agent, representing Scott Overton, Suffolk Towers LLC, applicant and property owner, spoke in support of the proposed ordinance, as presented. Scott Overton, 5859 Harbour View Boulevard, Suffolk Towers LLC, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Ward inquired about any contact with the nearby community. Ms. Venable stated that the applicant met with residents of Riverfront and the President of the homeowners’ association. 3 City Council Regular Meeting July 15, 2020 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented, by the following roll call 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, TO CHANGE THE ZONING FROM O-I, OFFICE-INSTITUTIONAL ZONING DISTRICT, TO RU-12, RESIDENTIAL URBAN-12 ZONING DISTRICT, FOR PROPERTY LOCATED AT 6808 HARBOUR VIEW BOULEVARD, ZONING MAP 6, PARCEL 2J*C; RZN2019-010 (CONDITIONAL) Public Hearing – An ordinance to grant a Conditional Use Permit to establish an Amusement/entertainment/recreation center, indoor, on property located at 126 West Washington Street, Zoning Map 34G18(A), Parcel 303; CUP2020-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a synopsis of the background information as printed in the official agenda. Christopher Mayes, 126 West Washington Street, Party Time Entertainment, LLC, applicant, spoke in support of the proposed ordinance, with conditions. Hearing no additional speakers, the public hearing was closed. Council Member Milteer moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Members of City Council opined about the deletion of Condition #2 – “In the event that alcohol is served, the applicant shall be responsible for all activities conducted at the facility under the authority of a license issued under the laws and regulations of the Department of Alcoholic Beverage Control” - and amendment of Condition #7 – “The hours of operation shall be limited as follows: Sunday – Thursday 9:00 a.m. to 11:00 p.m. and Friday – Sunday 9:00 a.m. to 12:00 a.m./midnight.” Referring to Condition #2, Vice Mayor Bennett asked the applicant if he would be amenable to the prohibition of serving of alcohol on the premises. Mr. Mayes replied that he would be amenable to the deletion of Condition #2, which would prohibit the serving of alcohol on the premises. Mr. Mayes clarified that Condition #2 was added after his application was submitted to the City. He added that he would also assent to changing the hours of operation. Council Member Duman opined about the applicant’s reasoning to curtail his hours of operation, in the event that he had customers that were older children or adults. Mr. Mayes indicated that his target customer base is younger children. Referring to the presentation, Mayor Johnson called for an explanation about the inclusion of Conditions #2 and #7, as presented in the proposed ordinance. Planning and Community Development Director Hainley reiterated that the conditions were the same as those in other similar applications. 4 City Council Regular Meeting July 15, 2020 Referring to Condition #2, Council Member Johnson sought clarification about the inclusion of the language in the proposed ordinance. Planning and Community Development Director Hainley said that the language is consistent with the language in other conditional use permits allowing the operation of similar facilities. City Manager Roberts added that City Council asked staff to assign the same standards to all facilities in the downtown area and treat all applicants in an equitable manner. Members of City Council opined about the deletion of Condition #2 – “In the event that alcohol is served, the applicant shall be responsible for all activities conducted at the facility under the authority of a license issued under the laws and regulations of the Department of Alcoholic Beverage Control.” Council Member Fawcett, on a motion seconded by Council Member Duman, moved to amend the ordinance as follows: the deletion of Condition #2 and approve the remainder of the ordinance, with Condition #1 and Conditions #3 through 9, as presented, by the following roll call 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 AN AMUSEMENT/ENTERTAINMENT/RECREATION CENTER, INDOOR, ON PROPERTY LOCATED AT 126 WEST WASHINGTON STREET, ZONING MAP 34G18(A), PARCEL 303; CUP2020-001, AS AMENDED Public Hearing – An ordinance to grant a Conditional Use Permit to establish an Amusement/entertainment/recreation center, indoor, on property located at 153 West Washington Street, Zoning Map 34G18(2), Parcel 9*9A; CUP2020-002 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summation of the background information as printed in the official agenda. Brian Stewart, 2604 Whaleyville Boulevard, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing is closed. Council Member Duman moved to amend the ordinance as follows: the deletion of Condition #2 and approve the remainder of the ordinance, with Condition #1 and Conditions #3 through #9, as presented. The motion failed to receive a second. Council Member Goldberg called for clarification about any potential gambling on the premises. Mr. Stewart replied that there would not be any gambling on the premises. Council Member Fawcett queried about the availability of rental space for special events. Mr. Stewart stated that there would be an area for rental for special events. Referring to the presentation, Council Member Fawcett inquired about the number of staff that would be on the premises. Mr. Stewart said there would always be two staff people on the premises when the business was in operation. 5 City Council Regular Meeting July 15, 2020 Council Member Goldberg opined about the noise controls as it relates to the residential space above the proposed facility. Mr. Stewart advised that he owns the entire building, therefore, there are no concerns about noise. Council Member Duman, on a motion seconded by Council Member Ward, moved to amend the ordinance as follows: the deletion of Condition #2 and approve the remainder of the ordinance, with Condition #1 and Conditions #3 through 9, by the following roll call 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 AN AMUSEMENT/ENTERTAINMENT/RECREATION CENTER, INDOOR, ON PROPERTY LOCATED AT 153 WEST WASHINGTON STREET, ZONING MAP 34G18(2), PARCEL 9*9A; CUP2020-002, AS AMENDED Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Stable, commercial, on property located at 4200 Lake Point Road, Zoning Map 16, Parcel 24; CUP2019-016 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a review of the background information as printed in the official agenda. Scott Troutman, 4200 Lake Point Road, representing self, applicant and property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions, as presented, by the following roll call 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 STABLE, COMMERCIAL, ON PROPERTY LOCATED AT 4200 LAKE POINT ROAD, ZONING MAP 16, PARCEL 24; CUP2019-016 ORDINANCES Ordinance – An ordinance authorizing the City Manager to accept a Deed Open- Space Easement over the common passive open-space within Phase 1 of the Cluster Subdivision Plat Nansemond Reserve, Tax Map Number 19, Parcel 4A; FSB2019-00012 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered an overview of the background information as printed in the official agenda. 6 City Council Regular Meeting July 15, 2020 Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the ordinance, as presented, by the following roll call 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 CITY MANAGER TO ACCEPT A DEED OPEN- SPACE EASEMENT OVER THE COMMON PASSIVE OPEN-SPACE WITHIN PHASE 1 OF THE CLUSTER SUBDIVISION PLAT NANSEMOND RESERVE, TAX MAP NUMBER 19, PARCEL 4A; FSB2019-00012 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Auto Aid Initiative Deputy Chief of Support Services James Dickens introduced Battalion Chief William Kessinger. Utilizing a PowerPoint presentation, Battalion Chief Kessinger submitted a report of the background information as printed in the official agenda. Staff Report – 2035 Comprehensive Plan Update Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave synopsis of the background information as printed in the official agenda. Council Member Fawcett queried about the Historic District Standards Report as it relates to the proposed plan. Planning and Community Development Director Hainley stated that the report should be presented to City Council in mid-August. Council Member Johnson inquired about the expansion of broadband in rural areas as it relates to the proposed plan. Planning and Community Development Director Hainley advised that the proposed plan is in the formative stage. He added that the Information Technology Department will be working in concert with staff from the Planning and Community Development Department to explore the expansion of broadband into rural area. Coronavirus Update – The City Manager or designee will provide an update related to COVID-19 Utilizing a PowerPoint presentation, Dr. Todd Wagner, Director, Western Tidewater Health District, offered an update on the above referenced item. Council Member Goldberg asked about any new information about treatment for COVID-19. Dr. Wagner said that there are fewer patients on ventilators and steroid treatment, and oxygenation seems to be working more effectively. 7 City Council Regular Meeting July 15, 2020 Council Member Goldberg opined about the need to isolate to combat the spread of the COVID-19. Dr. Wagner replied that sheltering in place remains the best approach in reducing the spread of COVID- 19. Council Member Goldberg called for clarification about the best method for seeking medical treatment for COVID-19. Dr. Wagner explained that that unless symptoms are dire, anyone in need of treatment for COVID-19 should see their primary care physician. Council Member Ward opined about the reason to self-quarantine, should you test positive for COVID-19. Dr. Wagner stated that if an individual test positive for COVID-19, they should quarantine for 14 days for mild cases but if symptoms worsen then one should seek medical assistance. Council Member Ward queried about COVID-19 as it relates to persons who have asthma. Dr. Wagner indicated that it can be difficult to ascertain if an individual who has asthma is experiencing COVID-19 symptoms. He added that one should seek medical assistance if they are experiencing any symptoms that are outside of their normal issues. Council Member Ward sought information about the type of cough that is associated with COVID-19. Dr. Wagner advised that a dry persistent nagging cough is often associated with COVID-19. Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes supplied supplementary information regarding the phases of City reopening activities. MOTIONS Motion – A motion to schedule a public hearing for the August 5, 2020 City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2020 Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to schedule a public hearing for the August 5, 2020, City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2020, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Motion – A motion to schedule a Public Hearing for August 5, 2020, to receive public comment on an ordinance authorizing the acquisition of real property within the 3800 block of Pughsville Road in fee simple and permanent easements, either by agreement or condemnation, for the 3800 Block of Pughsville Road Gravity Sewer Extension Project Council Member Duman moved to schedule a Public Hearing for August 5, 2020, to receive public comment on an ordinance authorizing the acquisition of real property within the 3800 block of Pughsville Road in fee simple and permanent easements, either by agreement or condemnation, for the 3800 Block of Pughsville Road Gravity Sewer Extension Project. The motion failed to receive a second. Council Member Ward called for additional information about the proposed project. Interim Deputy City Manager Albert Moor explained that the proposed project is in the area right off Shoulders Hill Road to address an older pump station in need of replacement. 8 City Council Regular Meeting July 15, 2020 Council Member Duman, on a motion seconded by Council Member Goldberg, moved to schedule a Public Hearing for August 5, 2020, to receive public comment on an ordinance authorizing the acquisition of real property within the 3800 block of Pughsville Road in fee simple and permanent easements, either by agreement or condemnation, for the 3800 Block of Pughsville Road Gravity Sewer Extension Project, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Motion – A motion to schedule a City Council Work Session for Wednesday, August 5, 2020, at 4:00 p.m., unless cancelled Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to schedule a City Council Work Session for Wednesday, August 5, 2020, at 4:00 p.m., unless cancelled, by the following roll call 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 Catrina Mitchell, 3605 Preakness Circle, representing self, opined about the impact of the Pitchkettle Road Improvement Project on her family’s property. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations to the respective bodies: Paul D. Camp Community College Board – Dr. Charles Sanders; Southeastern Virginia Alcohol Action Safety Program – Louvenia Milteer and Tidewater Youth Services Commission (Director, Fifth District Court Service Unit representative) – Kimberly Jennings. Council Member Goldberg, on a motion seconded by Council Member Fawcett, 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 Mayor Johnson asked City Attorney Holland to present the proposed ordinance regarding temporary changes in certain deadlines and to modify public meetings and public hearing practices and procedures to address continuity of operations associated with the pandemic disaster. Referring to the distributed handout, City Attorney Holland presented the following ordinance for City Council’s consideration: an emergency ordinance to effectuate temporary changes in certain deadlines and to modify public meetings and public hearing practices and procedures to address continuity of operations associated with the pandemic disaster. 9 City Council Regular Meeting July 15, 2020 Referring to the distributed handout, Council Member Fawcett called for clarification about the number of days that the ordinance would remain in effect. City Attorney Holland explained that despite the fact that the distributed handout indicates that the ordinance would remain in effect for 150 days, it should read that it would be in effect for 165 days, which would make it effective through December 31, 2020. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as amended to reflect that the ordinance would be in effect until December 31, 2020, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN EMERGENCY ORDINANCE TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETINGS AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH THE PANDEMIC DISASTER ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Timothy Kelley provided a report on the following: the cancellation of the TGIF Summer Concert Series; community COVID-19 testing events; the Wilroy Road closure and the Public Utilities Department’s water model hydrant testing schedule and locations. Council Member Goldberg acknowledged City Administration for their efforts to during the COVID-19 pandemic. Council Member Fawcett acknowledged City Administration for their efforts to during the COVID-19 pandemic. Council Member Fawcett encouraged residents to participate in upcoming community COVID-19 testing events. Council Member Milteer opined about the COVID-19 pandemic. Council Member Duman encouraged residents to participate in the upcoming community COVID-19 testing events. Council Member Johnson opined about the COVID-19 pandemic. Vice Mayor Bennett acknowledged Bishop A.S. Hall, Sr., the Balm Church, for a recent event for high school graduates. Vice Mayor Bennett thanked Dr. Wagner for his presentation. Mayor Johnson opined about the COVID-19 pandemic. 10 City Council Regular Meeting July 15, 2020 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 8:47 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 4, 2020 11