City Council Meeting Packets

City Council Regular Meeting April 6, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, April 6, 2016, 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 April 6, 2016, 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 APRIL 6, 2016, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting April 6, 2016 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the March 2, 2016, 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 - Week of the Young Child Mayor Johnson presented the above referenced item to Tamie Rittenhouse, Chair, Early Childhood Development Commission. Special Presentation - Child Abuse Prevention Month Mayor Johnson presented the above referenced item to Angela Myrick, Child Protective Services Supervisor, Social Services Department, and Lori White, Lisa Godwin and Beverly McQuarry, Healthy Families. 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 Consent Agenda items for separate action. Hearing no requests for removal any of the items, 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, 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 Chris Dove, 852 Colonel Meade Drive, representing self, opined about Item #17 – a motion to schedule a public hearing to be held on April 20, 2016, to receive public comment on the proposed Fiscal Year 2016-2017 Operating and Capital Budget. 2 City Council Regular Meeting April 6, 2016 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to accept and appropriate a One-Time Crisis Intervention Team (CIT) Training and Equipment Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department Consent Agenda Item #8 – An ordinance to accept and appropriate a Walmart Community Grant for the City of Suffolk Sheriff Department Consent Agenda Item #9 – An ordinance to accept and appropriate additional funds from the Virginia Department of Criminal Justice Services for the Suffolk Victim/Witness Assistance Program Consent Agenda Item #10 – A resolution in support of a Memorandum of Understanding between the Department of Defense Senior Official of the Department of Defense Suffolk Complex and the City of Suffolk Council Member Fawcett, on a motion seconded by Council Member Duman, 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 authorizing the acquisition of real property in fee simple for right of way and the acquisition of temporary and permanent easements, either by agreement or condemnation, for the Nansemond Parkway-Wilroy Road Intersection Improvements Project Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen provided a presentation of the background information as printed in the official agenda. Chris Dove, 852 Colonel Meade Drive, representing self, spoke in support of the proposed project and opined about the condemnation process. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett, 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 3 City Council Regular Meeting April 6, 2016 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE NANSEMOND PARKWAY-WILROY ROAD INTERSECTION IMPROVEMENTS PROJECT Public Hearing – An ordinance authorizing the acquisition of real property in fee simple for right of way and the acquisition of temporary and permanent easements, either by agreement or condemnation, for the College Drive Roundabout Project Utilizing a PowerPoint presentation, Public Works Director Nielsen submitted a summary of the background information as printed in the official agenda. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the proposed project. Hearing no additional speakers, the public hearing was closed. Council Member Ward, 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 FOR RIGHT OF WAY AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE COLLEGE DRIVE ROUNDABOUT PROJECT Public Hearing – An ordinance authorizing the acquisition of temporary and permanent easements, either by agreement or condemnation, for the College Drive Sidewalk Improvements Project Utilizing a PowerPoint presentation, Public Works Director Nielsen offered an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Ward, 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 TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE COLLEGE DRIVE SIDEWALK IMPROVEMENTS PROJECT 4 City Council Regular Meeting April 6, 2016 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Proposed Fiscal Year 2016-2017 Annual Action Plan for the City of Suffolk Community Development Block Grant Program and the Western Tidewater Home Consortium Home Investment Partnership Grant Program Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas summarized the above referenced topic. MOTIONS Motion – A motion to schedule a public hearing to be held on April 20, 2016, to receive public comment on the proposed Fiscal Year 2016-2017 Operating and Capital Budget Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to schedule the aforementioned public hearing, 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 Motion – A motion to schedule a public hearing to be held on April 20, 2016, to receive public comment on the proposed Fiscal Year 2016-2017 Annual Action Plan for the City of Suffolk Community Development Block Grant Program and the Western Tidewater Home Consortium Home Investment Partnership Grant Program Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule the aforementioned public hearing, 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 Motion – A motion to schedule a Work Session for April 20, 2016, at 4:00 p.m. unless cancelled Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to schedule the aforementioned public hearing, 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 April 6, 2016 NON-AGENDA SPEAKERS Harvey Clark, 219 Prospect Road, Apartment 106, representing self, requested sidewalks for Nansemond Gardens, Magnolia Park and Prospect Road. Ramona Wilson, 112 Wythe Crescent Drive, Hampton, was not present when called. Christopher Sutton, 3708 Knotts Creek Lane, representing self, requested a change in zoning to allow for the keeping of chickens in residential areas. Mayor Johnson asked the City Manager for a report on backyard chickens. City Manager Roberts explained that 75% of the City is zoned to allow chickens already. He summarized that changing the zoning to allow backyard chickens in the other 25% of the City did not receive City Council support in a previous proposal. Dorothy Wise, 5916 Hazelcroft Drive, representing self, requested a sign at the intersection of Harborview Boulevard and Bridge Roads to improve traffic flow. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the service of elected and appointed officials. NEW BUSINESS By unanimous consent, City Council amended the agenda to receive a staff report from City Manager Roberts about the Southeastern Public Service Authority. Utilizing a PowerPoint presentation, City Manager Roberts offered a synopsis of the City’s position on negotiations on a post 2018 agreement for refuse disposal. Referring to the presentation, Vice Mayor Bennett asked whether enough funding would be available for post closure care of the landfill. City Manager Roberts advised that the proposed agreement would expire 20 years after the Virginia Department of Environmental Quality certified Post-Closure Care Termination. City Manager Roberts solicited information on the timeframe for the Virginia Department of Environmental Quality’s monitoring. Public Works Director Nielsen said the monitoring would last 30 years. Vice Mayor Bennett asked about RePower. City Manager Roberts advised that the landfill will be used as a backup. Referring to the presentation, Council Member Fawcett solicited information about Cell 7. City Manager Roberts explained that a conditional use permit was issued for Cell 7 in 2007 but expired two years later. Council Member Ward asked for information about RePower. City Manager Roberts explained that the Southeastern Public Service Authority issued a Request for Proposal approximately one year ago, and RePower’s offer was accepted. City Manager Roberts further explained that if RePower’s plan fails to work, then the landfill will be used. 6 City Council Regular Meeting April 6, 2016 Vice Mayor Bennett requested information on the flyover included in previous agreements with the Southeastern Public Service Authority. City Manager Roberts advised the provision was part of the previous conditional use permit for Cell 7 but was deemed unaffordable by the Southeastern Public Service Authority. City Manager Roberts reported that he clearly expressed Suffolk’s traffic concerns to the Southeastern Public Service Authority’s board. ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: the oath of office ceremony for Deputy City Manager D. Scott Mills; the City’s award of the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for Fiscal Year ended June 30, 2015; the ribbon cutting for Texas Roadhouse; fire safety information; recognition of years of service for Martha Wheeler and Captain Barney Howard of the Suffolk Fire and Rescue Department; the appearance of the City of Suffolk in Network The Quarterly Newsletter of Virginia’s Assessment Professionals; the Suffolk Police Department Awards Ceremony; retirement of Deputy Commonwealth’s Attorney Will Jamerson; National Library Week; Crime Victims’ Rights Ceremony; Public Budget Discussion of the proposed Operating Budget for Fiscal Year 2016-2017; R(e)Cycling Drive and Tire Amnesty Day; Suffolk Humane Society’s spring adopt-a-thon; and grand opening of the Sleepy Hole Park Pier and Kayak Launch. Council Member Goldberg opined about Mr. Clark’s request for sidewalks. Council Member Goldberg reported on the lack of lighting on Main Street past Lowe’s. Council Member Goldberg offered comments on transparency. Council Member Ward extended his condolences to the family of the late Virginia Senator John Miller. Council Member Ward reported on the following events: the Texas Roadhouse and Rite Aid ribbon cuttings and the Pughsville Civic League meeting. Council Member Ward opined about non-agenda speakers’ concerns and refuse disposal. Council Member Duman opined about transparency. Council Member Duman reported he attended the Suffolk Police Department Awards Ceremony. Council Member Fawcett offered congratulations to those recognized at the Suffolk Police Department Award Ceremony. Council Member Fawcett advised he attended the ribbon cutting for Texas Roadhouse. Council Member Fawcett encouraged citizens to attend the R(e)Cycling Drive and Tire Amnesty Day. Council Member Fawcett extended his condolences to the family of the late Virginia Senator John Miller. . 7 City Council Regular Meeting April 6, 2016 Council Member Fawcett offered his condolences to the family of the late Virginia State Trooper Chad Dermyer. Council Member Fawcett talked about transparency. Council Member Milteer commented on the proposed Fiscal Year 2016-2017 Operating and Capital Budget. Council Member Johnson talked about the proposed Fiscal Year 2016-2017 Operating and Capital Budget. Council Member Johnson thanked staff for the rescue of a dog, Dixie, from the Nansemond River. Council Member Johnson thanks Mr. Clark for his comments. Council Member Johnson reminded residents of his borough about Community Electric Cooperative’s planned power outages during the upcoming weekend. Council Member Johnson opined about backyard chickens. Vice Mayor Bennett talked about Mr. Clark’s request. Vice Mayor Bennett thanked City Manager Roberts for the report on the Southeastern Public Service Authority. Vice Mayor Bennett offered congratulations to those recognized at the Suffolk Police Department Award Ceremony. Vice Mayor Bennett opined about the proposed Fiscal Year 2016-2017 Operating and Capital Budget. Vice Mayor Bennett thanked staff for the pier at Sleepy Hole Park. Vice Mayor Bennett gave condolences to Parks and Recreation Director Lakita Watson on the loss of her mother. Mayor Johnson offered congratulations to those recognized at the Suffolk Police Department Award Ceremony. Mayor Johnson commented on Mr. Clark’s sidewalk and Ms. Wiser’s traffic sign requests. Mayor Johnson opined about the proposed Fiscal Year 2016-2017 Operating and Capital Budget and refuse disposal. Mayor Johnson offered condolences to the family of the late Virginia Senator John Miller. Mayor Johnson offered condolences to the family of the late Frank Spadea. Mayor Johnson offered condolences to Parks and Recreation Director Watson on the loss of her mother. 8 City Council Regular Meeting April 6, 2016 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 8:46 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MAY 4, 2016 9