City Council Meeting Packets

City Council Regular Meeting June 1, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 1, 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 June 1, 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 JUNE 1, 2016, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the May 4, 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 1 City Council Regular Meeting June 1, 2016 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 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 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 items: Consent Agenda Item #7 – An ordinance to accept and appropriate a Local Emergency Management Performance Grant from the Federal Emergency Management Agency for the Suffolk Department of Fire and Rescue Consent Agenda Item #8 – An ordinance to accept and appropriate funding from the Virginia Department of Aviation for the Suffolk Executive Airport Council Member Fawcett sought information on Consent Agenda Item #7 - an ordinance to accept and appropriate a Local Emergency Management Performance Grant from the Federal Emergency Management Agency for the Suffolk Department of Fire and Rescue. Referring to Consent Agenda #7, City Manager Roberts gave a report on the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Johnson, 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 2 City Council Regular Meeting June 1, 2016 PUBLIC HEARINGS There were no items under this portion of the agenda. ORDINANCES Ordinances – An ordinance to authorize the transfer of funds from the Lake Kilby Station Addition Project and Nondepartmental Capital Contingency Account for the purchase of a new fire engine Utilizing a PowerPoint presentation, City Manager Roberts submitted a synopsis of the background information as printed in the official agenda. City Manager Roberts advised that staff recommended approval of the proposed ordinance with the following amendment: replace “This ordinance shall be effective upon adoption,” with “This ordinance shall be effective on July 1, 2016.” Referring to the presentation, Council Member Duman asked for clarification about the Lake Kilby Fire Station. City Manager Roberts indicated that the fire station is near Lake Kilby. Referring to the presentation, Council Member Duman queried about the funding source for the proposed ordinance. City Manager Roberts explained that the funds are in the 2015-2016 Capital Improvement Plan. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the proposed ordinance, with the following amendment: replace “This ordinance shall be effective upon adoption,” with “This ordinance shall be effective on July 1, 2016.” Referring to the presentation, Mayor Johnson inquired about the plans to address the infrastructural needs at Lake Kilby Station. City Manager Roberts indicated that there are a list of housekeeping and maintenance issues that will be addressed, and there are no structural or major system failures. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the proposed ordinance, with the following amendment: replace “This ordinance shall be effective upon adoption,” with “This ordinance shall be effective on July 1, 2016,” 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 THE TRANSFER OF FUNDS FROM THE LAKE KILBY STATION ADDITION PROJECT AND NONDEPARTMENTAL CAPITAL CONTINGENCY ACCOUNT FOR THE PURCHASE OF A NEW FIRE ENGINE Ordinance – An ordinance to authorize the appropriation of funds from the General Fund Capital Projects Reserve Committed Fund Balance to the Economic Development Investment Program Account to promote economic investment opportunities in the City of Suffolk Utilizing a PowerPoint presentation, City Manager Roberts gave a report on the background information as printed in the official agenda. 3 City Council Regular Meeting June 1, 2016 Referring to the presentation, Mayor Johnson called for an overview of the origin of the General Fund Capital Projects Reserve Committed Fund Balance. Finance Director Tealan Hansen explained that when the City moved to semi-annual tax collection, City Council established the fund. Council Member Fawcett, on a motion seconded by Council Member Duman, 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 THE APPROPRIATION OF FUNDS FROM THE GENERAL FUND CAPITAL PROJECTS RESERVE COMMITTED FUND BALANCE TO THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM ACCOUNT TO PROMOTE ECONOMIC INVESTMENT OPPORTUNITIES IN THE CITY OF SUFFOLK 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*7 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 Robert Goumas offered a summation of the background information as printed in the official agenda. Referring to the presentation, Council Member Milteer asked if the parcel under consideration is located on Adams Swamp Road. Acting Planning and Community Development Director Goumas replied in the affirmative. Council Member Milteer, on a motion seconded by Council Member Duman, 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 GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP PARCEL 78*26*3*7 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE 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*5 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 provided a summary of the background information as printed in the official agenda. Referring to the presentation, Vice Mayor Bennett called for information about the applicant’s hardship. Acting Planning and Community Development Director Goumas stated that applicant is unemployed and unable to find new employment. 4 City Council Regular Meeting June 1, 2016 Referring to the presentation, Council Member Duman asked if the parcel under consideration has a residence. Acting Planning and Community Development Director Goumas reported that the parcel is undeveloped. Referring to the presentation, Council Member Duman opined about the real estate taxes associated with the parcel under consideration. Acting Planning and Community Development Director Goumas advised that real estate taxes must be paid on the parcel. Referring to the presentation, Council Member Duman asked if the applicant could advertise the parcel for sale and transfer the ownership of the property prior to the ten year post conveyance holding period, should City Council deny the proposed ordinance. Acting Planning and Community Development Director Goumas replied that the parcel could be advertised for sale, but it could not be transferred to a new owner prior to the completion of the ten year post conveyance holding period and deferred to City Attorney Holland for confirmation. City Attorney Holland reiterated the response. Referring to the presentation, Council Member Goldberg opined about the impact on the potential sale of Tax Map Parcel 78*26*3*7, which was previously approved for exemption from the ten year post conveyance, should City Council deny the proposed ordinance. Acting Planning and Community Director Goumas explained each individual parcel is owned by a separate family member and must be considered individually. Referring to the presentation, Council Member Johnson called for clarification of staff’s recommendation regarding the proposed ordinance. Acting Planning and Community Development Director Goumas said that staff recommended approval of the proposed ordinance. Referring to the presentation, Council Member Johnson opined about the applicant’s hardship as compared to the hardship related to Tax Map Parcel 78*26*3*7, which was previously approved for exemption from the ten year post conveyance hold period. Acting Planning and Community Development Director Goumas explained that he was unable to compare the severity of the hardships. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved for approval of the ordinance, as presented. Referring to the presentation, Council Member Ward inquired about the methodology used to determine an applicant’s hardship as it relates to an application for relief from the ten year post conveyance holding period for a family transfer. Acting Planning and Community Development Director Goumas reiterated that the applicant is unemployed and unable to find new employment, which was not contemplated at the time of the family transfer. Referring to the presentation, Council Member Ward opined about the City’s regulations regarding granting relief from the ten year post conveyance holding period. Acting Planning and Community Development Director Goumas explained that the City requires a ten year post conveyance holding period for a family transfer, and in order to seek relief from that holding period, an applicant can seek relief from City Council. Referring to the presentation, Council Member Ward asked if the applicant has completed the ten year post conveyance holding period. Acting Planning and Community Development Director Goumas replied in the negative. 5 City Council Regular Meeting June 1, 2016 Referring to the presentation, Council Member Ward asked when the applicant will complete the post ten year conveyance holding period. Acting Planning and Community Development Director Goumas said that the post ten year conveyance period on this parcel will be completed in April 2018. Referring to the presentation, Mayor Johnson queried if the applicant was present to address the nature of his financial hardship. Brandon Hall came forward and advised City Council that he was unemployed and unable to find new employment. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, and Council Members Fawcett, Goldberg, T. Johnson, Milteer and Ward 6 NAYS: Vice Mayor Bennett and Council Member Duman 2 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*5 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE 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*6 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 supplied a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Milteer sought additional information about the applicant’s reason for the request for relief from the ten year post conveyance holding period. Acting Planning and Community Development Director Goumas said that the applicant’s letter was included in background information as printed in the official agenda. Referring to the presentation, Council Member Milteer opined about staff’s recommendation regarding the applicant’s request. Acting Planning and Community Development Director Goumas explained that staff has recommended denial of the applicant’s request. Council Member Ward called for an explanation about the timeline to amend the City’s Unified Development Ordinance outlining the regulation for family transfers. City Manager Roberts advised that type of revision could take approximately three months. Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved to deny the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett and Council Members Duman, Fawcett, T. Johnson, and Milteer 6 NAYS: Council Members Goldberg and Ward 2 6 City Council Regular Meeting June 1, 2016 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*4 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 furnished a review of the background information as printed in the official agenda. Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved to deny the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett and Council Members Duman, Fawcett, T. Johnson, and Milteer 6 NAYS: Council Members Goldberg and Ward 2 RESOLUTIONS There are 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 public hearing for the July 6, 2016, City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2016 Council Member Milteer, on a motion seconded by Council Member Duman, moved to schedule the above referenced 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 June 15, 2016, at 4:00 p.m. unless cancelled Council Member Fawcett, on a motion seconded by Council Member Duman, moved to schedule a Work Session for June 15, 2016, 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 Rebecca Franklin, 1424 Planters Drive, representing self, opined about backyard chickens. Tyler Franklin, 1424 Planters Drive, representing self, opined about backyard chickens. 7 City Council Regular Meeting June 1, 2016 Gail Barker, 1696 Cherry Grove Road North, representing Lakeland High School, advised City Council about a student project, Project Citizen. Koby Chavez, 349 Great Fork Road, representing Lakeland High School, opined about mosquito control. Allison Boles, 389 Little Fork Road, representing Lakeland High School, opined about the future of light rail in Suffolk. Adam Phillips, 407 Hunter Street, representing Lakeland High School, opined about commercial recreational options. Asia Woodson, 88 Stacey Drive, representing Lakeland High School, opined about gang violence. John Hooten, 1822 Mountainside Avenue, representing self, opined about backyard chickens. Michael Olson, 1820 Mountainside Avenue, representing self, opined about backyard chickens. Antwan Robinson, 1717 Freeney Avenue, representing Robinson C.H.O.I.C.E. program asked for assistance for his community programs. NEW BUSINESS City Clerk Dawley presented the following boards and commissions for City Council’s consideration: Hampton Roads Planning District Commission – Mayor Linda Johnson and City Manager Patrick Roberts and Hampton Roads Planning District Commission Executive Committee – City Manager Roberts. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: the Clean Up the Bay Day; the Drive-In Movie in the Park; the Suffolk Police and Fire and Rescue Department’s Flag Football Game; Suffolk Humane Society’s adopt-a-thons; the National Night Out Community Kick-off Meeting; and the Suffolk Fire and Rescue Emergency Medical Service Passport Subscription Service webpage. Council Member Fawcett advised he attended the City Employee Appreciation Picnic and the American Heart Association Heart Chase. Council Member Milteer reported he attended the City Employee Appreciation Picnic and a Memorial Day event. 8 City Council Regular Meeting June 1, 2016 Council Member Johnson thanked the students from Lakeland High School for attending tonight’s meeting. Council Member Johnson opined about backyard chickens. Council Member Duman advised he attended the City Employee Appreciation Picnic. Council Member Duman thanked Mrs. Franklin for attending tonight’s meeting. Council Member Duman opined about the City’s use of the inmate labor at the Western Tidewater Regional Jail. City Manager Roberts advised that the City is currently working on a Memorandum of Understanding with the Western Tidewater Regional Jail to address any liability issues that could result from City’s use of inmate labor. Council Member Ward reported he attended the City Employee Appreciation Picnic. Council Member Ward opined about a recent interview with Kristen J. Carter, Chief Executive Officer, Children’s Harbor. Council Member Ward expressed his appreciation to Public Works Director Eric Nielsen for traffic markers on Magnolia Drive and College Drive. Council Member Ward thanked the students from Lakeland High School and Mr. Robinson for attending tonight’s meeting. Council Member Goldberg announced he attended the City Employee Appreciation Picnic. Council Member Goldberg thanked all of the speakers for attending tonight’s meeting. Council Member Goldberg asked City Manager Roberts to follow up with Mr. Robinson. Council Member Goldberg opined about a review the family transfer ordinance. Vice Mayor Bennett reported he attended the City Employee Appreciation Picnic. Vice Mayor Bennett thanked Mr. Robinson for attending tonight’s meeting. Vice Mayor Bennett opined about the Boys and Girls Club. Vice Mayor Bennett advised that he has received reports of flooding issues in East Suffolk Gardens. Vice Mayor Bennett thanked all of the speakers for attending tonight’s meeting. Mayor Johnson thanked all of the speakers for attending tonight’s meeting. Mayor Johnson reported she attended the American Cancer Society’s Relay for Life and the American Heart Association’s Heart Chase. 9 City Council Regular Meeting June 1, 2016 Mayor Johnson encouraged residents to attend National Night Out. 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 8:34 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JULY 6, 2016 10