City Council Meeting Packets

City Council Regular Meeting October 21, 2015 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 21, 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, 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 to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of October 21, 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 OCTOBER 21, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting October 21, 2015 APPROVAL OF THE MINUTES Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the October 7, 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 There were no items under this portion of the agenda. 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 items from the Consent Agenda 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 Duman, on a motion seconded by Council Member Fawcett, 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 a State Criminal Alien Assistance Program grant award from the United States Department of Justice Consent Agenda Item #8 – An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Suffolk Victim/Witness Assistance Program Consent Agenda Item #9 – An ordinance to accept and appropriate grant funds from the Virginia Department of Agriculture and Consumer Services for the Virginia Cooperative Extension 2015 Plastic Pesticide Container Recycling Program 2 City Council Regular Meeting October 21, 2015 Consent Agenda Item #10 – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #11 – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund Consent Agenda Item #12 – An ordinance to accept and appropriate funds from the United States Department of Agriculture for the Summer Food Service Program Council Member Fawcett called for an explanation on Consent Agenda Items #7 through #9 and #12 - an ordinance to accept and appropriate a State Criminal Alien Assistance Program grant award from the United States Department of Justice; an ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Suffolk Victim/Witness Assistance Program; an ordinance to accept and appropriate grant funds from the Virginia Department of Agriculture and Consumer Services for the Virginia Cooperative Extension 2015 Plastic Pesticide Container Recycling Program; and an ordinance to accept and appropriate funds from the United States Department of Agriculture for the Summer Food Service Program, respectively. Referring to Consent Agenda Items #7 through #9 and #12, City Manager Roberts offered a summation of the background information as printed in the official agenda. Referring to Consent Agenda Item #12, Parks and Recreation Director Lakita Watson gave supplemental information. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 to grant a Conditional Use Permit to establish an accessory dwelling unit, on property located at 117 Rockland Terrace, Zoning Map 27F, Parcel 200; C12-15 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 asked if the applicant was seeking to change only the interior of the existing detached garage. Acting Planning and Community Development Director Goumas replied in the affirmative. Council Member Duman moved to approve the ordinance, with conditions, as presented. Vice Mayor Bennett inquired if anyone came to the Planning Commission meeting to speak on the proposed ordinance. Acting Planning and Community Development Director Goumas replied there were no speakers on this matter at the Planning Commission meeting. 3 City Council Regular Meeting October 21, 2015 Vice Mayor Bennett acknowledged that the applicant was in attendance and wished to call her forward. Mayor Johnson sought clarification from City Attorney Holland on the legality of this request as the public hearing was closed. City Attorney Holland advised that it was permissible for City Council to have the applicant come forward solely for the purpose of asking questions, even though the public hearing was closed. It was the consensus of the City Council to have the applicant come forward for questions. Vice Mayor Bennett opined about any objections from the adjacent property owners as it related to the proposed ordinance. Joy Dorr, no address given, applicant, stated that no adjacent property owners have expressed any objections. Vice Mayor Bennett called for clarification about the number of people living in the proposed accessory dwelling. Ms. Dorr said that two family members – one college student and one member of the military – would be living in the dwelling occasionally. Council Member Duman, on a motion seconded by Council Member Goldberg, 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 AN ACCESSORY DWELLING UNIT ON PROPERTY LOCATED 117 ROCKLAND TERRACE, ZONING MAP 27F, PARCEL 200; C12-15 ORDINANCES There were no items under this portion of the agenda. 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 November 5 – 6, 2015 Council Member Goldberg, on a motion seconded by Council Member Milteer, moved to schedule a City Council Retreat for November 5-6, 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 4 City Council Regular Meeting October 21, 2015 Motion – A motion to schedule a Work Session for November 4, 2015, at 4:00 p.m., unless cancelled Council Member Fawcett, on motion seconded by Council Member Johnson, moved to schedule a Work Session for November 4, 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 Chet Hart, 2109 Meade Parkway, representing the Western Tidewater Free Clinic, reported on the clinic’s services and accomplishments. The following individuals opined about their concerns related to a reported zoning violation at Assessment and Training Solutions Consulting Corporation involving medical training exercises: Shalin Gala, 5649 Shenandoah Avenue, Norfolk, Virginia, representing the People for the Ethical Treatment of Animals. Laura Cascada, 3619 Columbia Street, Portsmouth, Virginia, representing self. Maura McKeon, 705 Redgate Avenue, Apartment #17, Norfolk, Virginia, representing self. Ashley Mattews-Layman, 7714 Gloucester Avenue, Norfolk, Virginia, representing self. Chris Shapard, 705 Redgate Avenue, Apartment #17, Norfolk, Virginia, representing self. Michael Windsor, 500 Granby Street, Norfolk, Virginia, representing self. Keith Burgeson, 441 Pennsylvanis Avenue, Norfolk, Virginia, representing self. Mitch Goldsmith, 1415 Leigh Street, Apartment #A2, Norfolk, Virginia, representing self. NEW BUSINESS City Clerk Dawley presented the following nomination for City Council’s consideration: Joice Whitehorn - Senior Services of Southeastern Virginia (SEVAMP) Board of Directors. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to appoint the above referenced individual to the aforementioned body, 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 5 City Council Regular Meeting October 21, 2015 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Manager Tim Kelley reported on the following: the election of Mayor Johnson as the Chair of the Hampton Roads Transportation Planning Organization; the 240th birthday celebration of the United States Navy; the Oath of Office Ceremony for City Manager Roberts; the Suffolk Seaboard Coastline Trail Grand Dedication; the Suffolk Police Department Badge Pinning Ceremony; the Suffolk Police Department Recruitment Open House; the appointment of Solomon Ashby as the City Attorney, City of Portsmouth; Voter Registrar Susan Saunders’ completion of the Crawlin’ Crab Half Marathon; the Downtown Block Party and ribbon cuttings for Beauty-N-We, The Chop Shop, Leila Alexander Portraits, and Oasis Café Lounge; the Children’s Fair at the Pavilion; the Drive In Movie at the Park; the hours for trick or treat; the City’s roadway maintenance webpage; and the end of Daylights Savings Time. Mayor Johnson requested information about the reported zoning violation at Assessment and Training Solutions Consulting Corporation involving medical training exercises. City Manager Roberts stated that a zoning violation has been reported to the City, and the matter is under investigation. He added that once the investigation has been completed, a report could be provided to City Council. Council Member Goldberg announced he attended Driver Days. Council Member Goldberg encouraged residents to attend the Suffolk Youth Athletic Association’s grand opening of their new Soccer Center Building and the Downtown Block Party. Council Member Ward advised he attended the following: the 240th birthday celebration of the United States Navy; the Suffolk Seaboard Coastline Trail Grand Dedication; a community forum hosted by the Nansemond Suffolk Branch of the NAACP; a luncheon hosted by the Norfolk Branch of the NAACP; and the ACCESS College Foundation Annual Luncheon. Council Member Ward congratulated Mayor Johnson on her election as the Chair of the Hampton Roads Transportation Planning Organization. Council Member Duman thanked Mr. Hart for the update on the Western Tidewater Free Clinic. Council Member Duman reported he attended the following: the 240th birthday celebration of the United States Navy; Shrimp Feast; the Suffolk Seaboard Coastline Trail Grand Dedication; a community forum hosted by the Nansemond Suffolk Branch of the NAACP; Driver Days; and a meeting of the Nansemond River Preservation Alliance. Council Member Duman announced the upcoming Chuckatuck Founders Day. Council Member Fawcett thanked Mr. Hart for the update on the Western Tidewater Free Clinic. Council Member Fawcett reported he attended the following: Shrimp Feast; Peanut Fest; the 240th birthday celebration of the United States Navy; Driver Days; and a meeting of the Nansemond River Preservation Alliance. Council Member Fawcett opined about a profile on City Manager Roberts in The Virginian Pilot. 6 City Council Regular Meeting October 21, 2015 Council Member Fawcett congratulated Voter Registrar Saunders on her completion of the Crawlin’ Crab Half Marathon. Council Member Fawcett encouraged residents to check their smoke and carbon monoxide detectors. Council Member Fawcett congratulated Mayor Johnson on her election as the Chair of the Hampton Roads Transportation Planning Organization. Council Member Fawcett opined about the reported zoning violation at Assessment and Training Solutions Consulting Corporation involving medical training exercises. Council Member Milteer thanked Mr. Hart for the update on the Western Tidewater Free Clinic. Council Member Milteer encouraged residents to attend the Oath of Office Ceremony for City Manager Roberts. Council Member Johnson thanked Mr. Hart for the update on the Western Tidewater Free Clinic. Council Member Johnson opined about the reported zoning violation at Assessment and Training Solutions Consulting Corporation involving medical training exercises. Council Member Johnson thanked Police Officer Ben Johnson for a presentation at a Lions Club meeting. Vice Mayor Bennett congratulated Mayor Johnson on her election as the Chair of the Hampton Roads Transportation Planning Organization. Vice Mayor Bennett acknowledged the participants in the Suffolk Police Department Badge Pinning Ceremony. Vice Mayor Bennett advised he attended Driver Days. Vice Mayor Bennett encouraged residents to attend the Habitat for Humanity Lake Kennedy Residential Infill Initiative. Vice Mayor Bennett reported he attended a civic league meeting in the Lake Kennedy area and residents expressed concerns for additional lighting. Vice Mayor Bennett opined about the reported zoning violation at Assessment and Training Solutions Consulting Corporation involving medical training exercises. Mayor Johnson opined about Driver Days and Peanut Fest. Mayor Johnson reported she attended the Suffolk Seaboard Coastline Trail Grand Dedication. Mayor Johnson thanked Mr. Hart for the update on the Western Tidewater Free Clinic. 7 City Council Regular Meeting October 21, 2015 Mayor Johnson asked to schedule a presentation from Opportunity, Inc. at a future work session. Mayor Johnson encouraged residents to attend the Habitat for Humanity Lake Kennedy Residential Infill Initiative and Chuckatuck Founders Day. Mayor Johnson thanked staff for the quarterly budget report. Mayor Johnson opined about the reported zoning violation at Assessment and Training Solutions Consulting Corporation involving medical training exercises. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, 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 8:04 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 4, 2015 8