City Council Meeting Packets

City Council Regular Meeting April 16, 2014 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, April 16, 2014, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Charles F. Brown, Vice Mayor Michael D. Duman Roger W. Fawcett Jeffrey L. Gardy Curtis R. Milteer, Sr. Charles D. Parr, Sr. Lue R. Ward, Jr. Selena Cuffee-Glenn, 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. Vice Mayor Brown offered the Invocation and led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of April 16, 2014, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Parr, moved that the resolution be approved, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF APRIL 16, 2014, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting April 16, 2014 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Parr, moved to approve the minutes from the March 19, 2014, Work Session and Regular Meeting, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - Proclamation in recognition of “National Library Week” Mayor Johnson presented the above referenced proclamation to Library Director Clint Rudy, who, utilizing a PowerPoint presentation, provided information about the observance. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove any of the Consent Agenda items for separate action. Hearing no requests for removal of any items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as outlined. Council Member Parr, on a motion seconded by Vice Mayor Brown, adopt the agenda as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 Mayor Johnson announced that the applicant for Public Hearing Items #14 and #15 has requested that consideration of these items be continued to the June 18, 2104, City Council meeting. Vice Mayor Brown, on a motion seconded by Council Member Parr, moved to continue consideration of Public Hearing Items #14 and #15 to the June 18, 2014, City Council meeting, by the following vote: AYES: Council Members Duman, Gardy, Milteer Parr, Brown and Johnson 6 NAYS: Council Member Fawcett and Ward 2 AGENDA SPEAKERS There were no speakers under this portion of the agenda. 2 City Council Regular Meeting April 16, 2014 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to appropriate state and local grants from the Virginia Public School Authority Technology Backpack Initiative Grant, Algebra Readiness Grant, Strategic Compensation Grant (Math), Security Grant, and Obici Wellness Grant for the City of Suffolk Public Schools Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport for Repair and Maintenance Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport for Taxiway Rehabilitation Vice Mayor Brown called for a summary of Consent Agenda Items #7, #8 and #9 - an ordinance to appropriate state and local grants from the Virginia Public School Authority Technology Backpack Initiative Grant, Algebra Readiness Grant, Strategic Compensation Grant (Math), Security Grant, and Obici Wellness Grant for the City of Suffolk Public Schools; an ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport for Repair and Maintenance; and an ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport for Taxiway Rehabilitation. Referring to Consent Agenda Items #7, #8 and #9, City Manager Cuffee-Glenn provided an overview of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Duman, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing – An ordinance authorizing the City Manager to execute an exchange agreement for real property with the United States of America represented by the Department of the Army involving properties located at 886 Carolina Road and 1500 Bennetts Creek Park Road in the City of Suffolk Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts submitted a summary of the background information as printed in the official agenda. The following individuals spoke in opposition to the proposed ordinance: Sandy Winslow, 602 Cypress Cove Lane, representing self. Erica Thomas, 906 Carolina Road, representing self. Virginia Hope, 704 Jones Street, representing self. 3 City Council Regular Meeting April 16, 2014 Hearing no additional speakers, the public hearing was closed. Council Member Duman opined about the impact of the proposed exchange on adjacent property. Deputy City Manager Roberts explained that the City had dedicated a 20 foot ingress/egress, in addition to 20 feet for the access road. He explained that half of the road will be paved by the Department of the Army, and the adjacent property owner will be responsible for the other half. Council Member Duman queried about the requirements for runoff. Deputy City Manager Roberts stated that the Department of the Army will be required to reduce runoff in accordance with all stormwater regulations. Council Member Duman, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Milteer asked about the location of the proposed facility in proximity to the homes in the area. Deputy City Manager Roberts said that the proposed facility would be approximately 700 to 1000 feet from the homes in the area. Referring to the presentation, Council Member Milteer sought information about the anticipated impact of runoff as it relates to the adjacent properties. Deputy City Manager Roberts indicated that it is anticipated that conditions will improve with the proposed facility. Council Member Duman, on a motion seconded by Council Member Parr, moved to approve the ordinance, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXCHANGE AGREEMENT FOR REAL PROPERTY WITH THE UNITED STATES OF AMERICA REPRESENTED BY THE DEPARTMENT OF THE ARMY INVOLVING PROPERTIES LOCATED AT 886 CAROLINA ROAD AND 1500 BENNETTS CREEK PARK ROAD IN THE CITY OF SUFFOLK Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, by amending Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations, subsection (b)(12) Menu Boards; OA1-14 Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills summarized the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 4 City Council Regular Meeting April 16, 2014 Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, BY AMENDING ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-714, SIGN REGULATIONS, SUBSECTION (b)(12) MENU BOARDS; OA1-14 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a pawn shop on property located at 3215 Bridge Road, Suite 1, Zoning Map 12, Parcel 12I, C6-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a review of the background information as printed in the official agenda. Jesse Erwin, Jr., 5198 Ducktown Road, Zuni, Virginia, applicant, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Parr, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PAWN SHOP ON PROPERTY LOCATED AT 3215 BRIDGE ROAD, SUITE 1, ZONING MAP NUMBER 12, PARCEL 12I, C6-14 Public Hearing - An ordinance to grant a Conditional Use Permit to establish an Accessory Dwelling Unit on property located at 4235 Sleepy Hole Road, Zoning Map 19, Parcel 12C; C03-14 Council Member Fawcett advised that he would be abstaining from the discussion or action on Conditional Use Permit application C03-14 in accordance with Section 2.2-3115(E) of the Code of Virginia which states that a member of a local governing body shall disqualify himself from participation in a transaction if (i) the transaction has application solely to property or a business or governmental agency in which he has a personal interest. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report on the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 5 City Council Regular Meeting April 16, 2014 Council Member Duman, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, by the following vote: AYES: Council Members Duman, Gardy, Milteer, Parr, Ward, Brown and Johnson 7 NAYS: None 0 ABSTAIN: Council Member Fawcett 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN ACCESSORY DWELLING UNIT ON PROPERTY LOCATED AT 4235 SLEEPY HOLE ROAD, ZONING MAP 19, PARCEL 2C, C03-14 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change zoning from O-I, Office-Institutional District, to B-1, Neighborhood Commercial District for properties located at 3345 Bridge Road and 3345 Bridge Road, Units 900, 904, 908, 912, 916, 920 & 924, Zoning Map 12, Parcels 34C, 34C*9A, 34C*9B, 34C*9C, 34C*9D, 34C*9E, 34C*9F and 34C*9G This item was continued to the June 16, 2014, City Council meeting. Public Hearing – An ordinance granting a Conditional Use Permit for a 144 unit multi-family garden apartment complex located at 3345 Bridge Road and 3345 Bridge Road, Units 900, 904, 908, 912, 916, 920 & 924, Zoning Map 12, Parcels 34C, 34C*9A, 34C*9B, 34C*9C, 34C*9D, 34C*9E, 34C*9F and 34C*9G This item was continued to the June 16, 2014, City Council meeting. Public Hearing – A public hearing to receive public comment on the Proposed Operating and Capital Budget for Fiscal Year 2014-2015 and related Ordinances and Resolution Utilizing a PowerPoint presentation, Finance Director Lenora Reid provided an overview of the background information as printed in the official agenda. Barry Cole, no address given, Board Member, Western Tidewater Free Clinic, spoke in support of funding for his agency. Ricky Gregory, no address given, Chair, 2014 Suffolk Peanut Festival, spoke in support of funding for his agency. Carolyn White, 4216 Coltrane Avenue, representing self, requested funding for ditch cleaning in Pughsville. Sylvester Askins, 914-F Chumley Road, Portsmouth, Virginia, representing Endependence Center, spoke in support of funding for his agency. Linda Bunch, 6097 Wilroy Road, representing the Suffolk Art League, spoke in support of the Fine Arts Commission. Michael McKenna, 201 Burnetts Way, representing the Suffolk Police Officers’ Association, spoke in support of funding for raises for City and School employees. 6 City Council Regular Meeting April 16, 2014 Christina Kelly, 3515 (inaudible) Drive, Chesapeake, spoke in support of raises for teachers. Sarah Ellis, no address given, Grants Manager, Food Bank of Southeastern Virginia, spoke in support of funding for her agency. Wendell Foster, 313 Page Place, representing self, spoke in support of funding for Suffolk Public Schools. Rachel Gayle, 402 Elizabeth Street, representing Suffolk Police Officers’ Association, spoke in support of raises for City employees. Council Member Parr, on a motion seconded by Council Member Duman, moved to extend the public hearing until all speakers are heard, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 Mike Debranski, 1015 Maryland Avenue, Chair, Suffolk School Board, spoke in support of funding for Suffolk Public Schools. Hearing no other speakers, the public hearing was closed. By unanimous consent, City Council recessed at 8:37 p.m. and reconvened at 8:46 p.m. Public Hearing – A public hearing to receive public comment on the proposed Fiscal Year 2014-2015 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 Mills summarized the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Fawcett, moved to consider action on the proposed Fiscal Year 2014-2015 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) at the May 7, 2014, City Council meeting. Referring to the motion, Mayor Johnson inquired about the need to address the matter in this fashion. City Attorney Holland explained that a motion would be in order should City Council wish to consider the matter concurrently with the Proposed Operating and Capital Budget for Fiscal Year 2014-2015. Referring to the presentation, Council Member Milteer opined about the previous allocations for Community Development Block Grant funding. City Manager Cuffee-Glenn provided information on the City’s previous uses of the funding. 7 City Council Regular Meeting April 16, 2014 Council Member Gardy, on a motion seconded by Council Member Fawcett, moved to consider action on the proposed Fiscal Year 2014-2015 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) at the May 7, 2014, City Council meeting, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 Council Member Duman asked about the cost of the employee bonuses included in the Proposed Operating and Capital Budget for Fiscal Year 2014-2015. Finance Director Reid indicated that the proposed bonuses will cost approximately $1,000,000. Referring to the public hearing on the Proposed Operating and Capital Budget for Fiscal Year 2014-2015, Mayor Johnson called for clarification about employees’ salaries over the past seven years. Finance Director Reid replied that City employees have received raises over the past seven years. Human Resources Director Nancy Olivo added that City employees receive a three percent raise in Fiscal Year 2009 and a two percent raise in Fiscal Year 2013. Mayor Johnson queried about the need for a new pay and classification plan. Human Resources Director Olivo explained that the actual data in the City’s current plan is over four years old. She advised that pay ranges are below market, and other localities have made adjustments. Members of City Council opined about the need for a new pay and classification plan. ORDINANCES Ordinance – An ordinance to amend the Code of the City of Suffolk by adding Section 82-202 to establish a personal property classification for eligible disabled veterans Utilizing a PowerPoint presentation, Finance Director Reid gave a report on the background information as printed in the official agenda. Vice Mayor Brown, on a motion seconded by Council Member Parr, moved to approve the ordinance as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF SUFFOLK BY ADDING SECTION 82-202 TO ESTABLISH A PERSONAL PROPERTY CLASSIFICATION FOR ELIGIBLE DISABLED VETERANS RESOLUTIONS There were no items under this portion of the agenda. 8 City Council Regular Meeting April 16, 2014 STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing to be held on May 7, 2014, to receive public comment on changing the existing street name of Roundtree Crescent to Rountree Crescent Council Member Milteer, on motion seconded by Council Member Duman, moved to schedule a public hearing to be held on May 7, 2014, to receive public comment on changing the existing street name of Roundtree Crescent to Rountree Crescent by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 Motion - A motion to schedule a Work Session for May 7, 2014, at 4:00 p.m., unless cancelled Council Member Gardy, on motion seconded by Council Member Duman, moved to schedule a Work Session for May 7, 2014, at 4:00 p.m., unless canceled, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Carolyn White, 4216 Coltrane Avenue, representing self, requested ditch cleaning in Pughsville. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following item for consideration: Virginia Municipal League Policy Committees: reappoint Council Member Lue Ward to the Community and Economic Development Committee; reappoint Council Member Michael Duman to the Environmental Quality Committee; reappoint Council Member Curtis Milteer to the Finance Committee; reappoint Council Member Jeffrey Gardy to the General Laws Committee; reappoint Vice Mayor Charles Brown to the Human Development and Education Committee; and reappoint Council Member Roger Fawcett to the Transportation Committee. Council Member Parr, on a motion seconded by Council Member Fawcett, moved to nominate and appoint the aforementioned individuals, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 9 City Council Regular Meeting April 16, 2014 Vice Mayor Brown, on a motion seconded on Council Member Parr, moved to direct City Manager Cuffee-Glenn to take the following actions to assist City Council in determining the City’s course of action for disposing of its solid waste after January 24, 2018: examine the cost of disposing of solid waste as customers of the Southeastern Public Service Authority and as a customer of other solid waste disposal entities; determine the feasibility for transfer stations in various locations within the City for solid waste disposal; and explore market based disposal methods for solid waste, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following activities: Emergency Communications Operator of the Year Katie Gray; the Suffolk Police Department Badge Pinning; the Suffolk Humane Society Adopt-a-thon; 2014 Earth Day Celebration; a public hearing on the Route 58/Holland Road Corridor Improvements Project; the Great Dismal Swamp Birding Festival; the National Take-Back Initiative Day; the Arbor Day Program; the American Diabetes Association Tour de Cure; the Suffolk Farmers’ Market; the 6th Annual Mutt Strut; the KidsFest at Bennett’s Creek Park; the State of the City; the Youth Achievement Awards Nominations; the ongoing Main Street and West Washington Street Roadway Improvements; the Saratoga Street and West Washington Street Repairs; and mosquito dunk distribution locations. Council Member Fawcett advised that he attended the Bennett’s Creek Little League Opening Day and the Suffolk Police Department Awards Banquet. Council Member Fawcett acknowledged residents that assisted in rescuing drivers trapped in a retention pond. Council Member Fawcett advised that he attended the Parks and Recreation Department’s Coaches Appreciation Banquet. Council Member Fawcett opined about tax abatement for disabled veterans. Council Member Fawcett encouraged attendance to the upcoming Earth Day Celebration. Council Member Ward advised that he attended the following events: a meeting of the Pughsville Civic League; the Suffolk Police Department Awards Banquet; a meeting of the Harbourview Civic League; the Health and Human Relations Standing Committee; and the Access College Foundation Luncheon. Council Member Gardy invited the general public to the upcoming Rotary First Citizen Banquet. Council Member Duman reported that he attended the following events: town hall with members of the City’s General Assembly delegation; a work session on health benefits held by Suffolk Public Schools; and the Suffolk Police Department Awards Ceremony. Council Member Duman announced the upcoming Mutt Strut. 10 City Council Regular Meeting April 16, 2014 Council Member Milteer encouraged residents to contact General Assembly representatives about the Affordable Health Care Act. Council Member Milteer reported on ditch issues on the 1900 block of Carolina Road. Council Member Parr extended his condolences to the family of the late Fritz Skeeter, Economic Development Authority Member. Vice Mayor Brown extended his condolences to the family of the late Fritz Skeeter, Economic Development Authority Member. Council Member Fawcett commended the Suffolk Fire Department for their efforts with a recent house fire. Mayor Johnson extended her condolences to the family of the late Fritz Skeeter, Economic Development Authority Member. Mayor Johnson advised that she would be attending a meeting of the Hampton Roads Transportation Planning Organization. Council Member Parr, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 10:35 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MAY 21, 2014 11