City Council Meeting Packets

City Council Regular Meeting September 16, 2015 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 16, 2015, 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, Interim 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 Boy Scout Troop 16 led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 16, 2015, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. 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 OF CERTIFICATION OF THE CLOSED MEETING OF SEPTEMBER 16, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 16, 2015 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the minutes from the September 2, 2015, 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 - Fill the Boot Check Presentation to the Muscular Dystrophy Association Fire Chief Cedric Scott reported on the above referenced item and introduced Andrea Shaver, Executive Director, Central and Southeastern Virginia Muscular Dystrophy Association. Ms. Shaver offered comments. Special Presentation - A proclamation regarding Fire Prevention Week Mayor Johnson presented the above referenced proclamation to Fire Chief Scott. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove the Consent Agenda item for separate action. Hearing no requests for removal of the item, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as presented. Council Member Milteer, on a motion seconded by Council Member Duman, 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 item: Consent Agenda Item #7 - An ordinance to accept and appropriate a Bulletproof Vest Partnership Grant from the United States Department of Justice 2 City Council Regular Meeting September 16, 2015 Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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 providing an initial authorization for the issuance and sale of Water and Sewer Revenue Bonds by the City of Suffolk, Virginia Utilizing a PowerPoint presentation, Kyle Laux, First Vice President, Davenport and Company, the City’s financial advisors, submitted a review of the background information as printed on the official agenda. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Duman sought additional information about the benefits of using the Virginia Resource Authority’s revenue bonds versus the City’s standalone water and sewer revenue bonds. Mr. Laux explained that the Virginia Resource Authority funding option was preferred because it has State’s financial support and that would result in a better interest rate. He added it is expected the City will receive the approval of the Virginia Resource Authority for this funding. 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 PROVIDING AN INITIAL AUTHORIZATION FOR THE ISSUANCE AND SALE OF WATER AND SEWER REVENUE BONDS BY THE CITY OF SUFFOLK, VIRGINIA Public Hearing – An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit, on property located at 8041 Carr Lane, Zoning Map 30, Parcel 7C; C09-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas offered a review of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Duman called for clarification about the number of stories of the proposed detached accessory dwelling unit as it related to condition one, which specifies the permission of the establishment of a 288-square feet detached accessory dwelling unit. Acting Planning and Community Development Director Goumas advised that the unit was proposed as a two story structure. 3 City Council Regular Meeting September 16, 2015 Referring to the presentation, Council Member Duman opined that the proposed detached accessory dwelling unit would measure 24 by 24 square feet. Acting Planning and Community Development Director Goumas replied in the affirmative. Referring to the presentation, Council Member Duman queried about the need to amend condition one, which permits the establishment of a 288 square-feet detached accessory dwelling, to read as follows: “this permit grants the establishment of a 576 square-feet detached accessory dwelling unit as defined in the Unified Development Ordinance, the location of which is as shown on Exhibit C, on property identified as 8041 Carr Lane, Zoning Map 30, Parcel 7C, as shown on Exhibit B.” Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with condition one amended as outlined above and conditions two, three, and four, 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 AN ACCESSORY DWELLING UNIT ON PROPERTY LOCATED 8041 CARR LANE, ZONING MAP 30, PARCEL 7C; C09-15 Public Hearing – An ordinance vacating and abandoning a portion of the Mulberry Street right-of-way, otherwise specified as being that portion of Mulberry Street located between Jefferson Street and Madison Avenue, SV05-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas submitted a report on the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, applicant, representing Birdsong Corporation, property owner, 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 Vice Mayor Bennett, 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 VACATING AND ABANDONING A PORTION OF THE MULBERRY STREET RIGHT-OF-WAY, OTHERWISE SPECIFIED AS BEING THAT PORTION OF MULBERRY STREET LOCATED BETWEEN JEFFERSON STREET AND MADISON AVENUE, SV05-15 4 City Council Regular Meeting September 16, 2015 Public Hearing - An ordinance to authorize a quitclaim deed between the City of Suffolk, Grantor and Birdsong Corporation, Grantee for a portion of Mulberry Street pertaining to Street Vacation Request SV05-15 that was vacated by the Council of the City of Suffolk, Virginia on September 16, 2015 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas gave a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Milteer, 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 AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK, GRANTOR, AND BIRDSONG CORPORATION, GRANTEE, FOR A PORTION OF MULBERRY STREET PERTAINING TO STREET VACATION REQUEST SV05-15, THAT WAS VACATED BY THE COUNCIL OF THE CITY OF SUFFOLK, VIRGINIA ON SETPEMBER 16, 2015 ORDINANCES Ordinance – An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map Parcel 78*26*3*1 created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas 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 ordinance, as presented. Referring to the presentation, Council Member Milteer opined about the applicant’s hardship as it relates to the request for relief from the ten year post conveyance holding period. Acting Planning and Community Development Director Goumas reported that based on the applicant’s description of the change in circumstances for which relief is sought, it does not appear the desired relief is needed to satisfy a financial obligation that was not contemplated the time of the family transfer. Referring to the presentation, Council Member Milteer called for clarification of the staff’s recommendation as it relates to the applicant’s hardship. Acting Planning and Community Development Director Goumas replied that staff recommends denial of the proposed ordinance since the applicant does not meet the criteria for relief as it is outlined in the Unified Development Ordinance. 5 City Council Regular Meeting September 16, 2015 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, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: Vice Mayor Bennett 1 AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP PARCEL 78*26*3*1 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE Ordinance – An ordinance to amend Section 86-291 of the Code of the City of Suffolk restricting through truck traffic on Great Fork Road Utilizing a PowerPoint presentation, Traffic Engineer Robert Lewis gave an overview 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 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 AMEND SECTION 86-291 OF THE CODE OF THE CITY OF SUFFOLK RESTRICTING THROUGH TRUCK TRAFFIC ON GREAT FORK ROAD 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 City Council Retreat for October 1 – 2, 2015 Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to schedule a City Council Retreat for October 1-2, 2015, 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 September 16, 2015 Motion – A motion to schedule a Work Session for October 7, 2015, at 4:00 p.m., unless cancelled Council Member Fawcett on motion seconded by Council Member Goldberg, moved to schedule a Work Session for October 7, 2015, at 4:00 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 There were no speakers under this portion of the agenda. NEW BUSINESS City Clerk Dawley presented the following nominations for City Council’s consideration: Suffolk Clean Communities Commission – Patrick Hillard; the Virginia Municipal League Annual Conference Urban Section – Council Member Ward (voting delegate) and Council Member Fawcett (alternate voting delegate) and Virginia Municipal League Annual Conference Business Session – Vice Mayor Bennett (voting delegate) and Council Member Fawcett (alternate voting delegate). Council Member Ward, on a motion seconded by Council Member Fawcett, moved to 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 Council Member Fawcett, on a motion seconded by Council Member Duman, moved to offer Interim City Manager Roberts the position of City Manager, subject to a mutual agreement regarding a compensation package. Council Member Ward asked for clarification of the motion. Mayor Johnson explained the motion on the floor is to offer Interim City Manager Roberts the position of City Manager, subject to a mutual agreement regarding a compensation package. Members of City Council opined about the proposed motion and the City Manager recruitment process. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to offer Interim City Manager Roberts the position of City Manager, subject to a mutual agreement regarding a compensation package, 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 7 City Council Regular Meeting September 16, 2015 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Manager Tim Kelley reported on the following: the opening of City Hall parking lot; ribbon cutting for Sencara Home Healthcare LLC; groundbreaking for Bon Secours Harbour View Medical Plaza and Cancer Institute at Harbour View; Suffolk Fire Department’s participation in the Goruck Challenge; Suffolk Police Department’s participation in United Way Day of Caring; the Walk to End Alzheimer’s; the demonstration of the City’s new voting machines; the Downtown Block Party and ribbon cuttings for Beauty-N-We, The Chop Shop, Leila Alexander Portraits, and Oasis Café Lounge; the Suffolk Police Department National Take-Back Initiative Day; the 2015 Peanut Fest Queen’s Banquet; the 2015 Peanut Fest Parade; the Touch a Truck Train & More event; the 2015 Peanut Festival; the Swamp Roar Motorcycle Rally; the graduation of Chad Oxton, Operational Superintendent II, Public Works Department, from the American Public Works Academy’s Emerging Leaders Academy; and the City’s roadway maintenance webpage. Council Member Goldberg congratulated Interim City Manager Roberts and opined about the R(e)cycle event in front of Lowe’s. Council Member Ward congratulated Interim City Manager Roberts and the Suffolk Fire Department on exceeding Fill the Boot goals. Council Member Ward invited residents to the new voting machine demonstration. Council Member Ward reported he attended the following: the Taste of Suffolk; the Booker T. Washington Elementary School Back to School Fish Fry; and the groundbreaking for Bon Secours Harbour View Medical Plaza and Cancer Institute at Harbour View. Council Member Duman opined about Fill the Boot and Taste of Suffolk. Council Member Duman congratulated Interim City Manager Roberts. Council Member Johnson congratulated Interim City Manager Roberts. Council Member Johnson reported he attended a Boy Scout meeting to speak about citizenship. Council Member Johnson opined about an upcoming forum on the United States Constitution. Council Member Johnson acknowledged the Suffolk Fire Department on exceeding Fill the Boot goals. Council Member Fawcett acknowledged Human Resources Director Nancy Olivo and Interim City Manager Roberts. Council Member Fawcett reported he attended the following: the Hampton Roads Chamber of Commerce’s Mingle at Harbourview; Taste of Suffolk; R(e)cycling event; and groundbreaking for Bon Secours Harbour View Medical Plaza and Cancer Institute at Harbour View. Council Member Fawcett opined about the Suffolk Fire Department’s Fill the Boot fundraiser, Fire Prevention Week and City Hall’s parking lot. 8 City Council Regular Meeting September 16, 2015 Council Member Fawcett congratulated Chad Oxton on graduating from the American Public Works Academy’s Emerging Leaders Academy. Council Member Fawcett acknowledged Public Works Director Eric Nielsen, members of Boy Scout Troop 16 and City Council. Vice Mayor Bennett congratulated Interim City Manager Roberts. Vice Mayor Bennett opined about the Genieve Shelter 5K Walk. Vice Mayor Bennett reported he attended the Booker T. Washington Elementary School Back to School Fish Fry and groundbreaking for Bon Secours Harbour View Medical Plaza and Cancer Institute at Harbour View. Vice Mayor Bennett also thanked Suffolk Fire Department for their Fill the Boot fundraiser and the Taste of Suffolk. Vice Mayor Bennett opined about public safety. Mayor Johnson congratulated Interim City Manager Roberts. Mayor Johnson advised she attended the following: the Hampton Roads Chamber of Commerce’s Mingle at Harbourview, Taste of Suffolk and the Meals on Wheels Volunteer Recognition Banquet Mayor Johnson acknowledged the Suffolk Fire Department for their Fill the Boot fundraiser. Mayor Johnson encouraged residents to check their smoke detectors. Mayor Johnson encouraged residents to participate in the upcoming Walk for Alzheimer’s. Mayor Johnson opined about the City’s parks and trails. Council Member Duman, on a motion seconded by Council Member Goldberg, 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 9:00 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 7, 2015 9