City Council Meeting Packets

City Council Regular Meeting July 20, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 20, 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 Andy Beute, Boy Scout Troop 16, lead the Pledge of Allegiance to the Flag. APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the minutes from the June 15, 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 - Fill the Boot Month Proclamation and Presentation Mayor Johnson presented the above referenced proclamation to Fire Chief Cedric Scott. Fire Chief Scott introduced Amy Dove Brown, Suffolk Fire and Rescue Department, and Stephanie Blazek, Muscular Dystrophy Association, who offered brief remarks. Special Presentation - National Night Out Invitation Mayor Johnson presented the above referenced proclamation. Utilizing a video presentation, Police Chief Thomas Bennett and Media and Community Relations Director Diana Klink offered brief remarks. 1 City Council Regular Meeting July 20, 2016 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 of 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 Vice Mayor Bennett, 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 funds from the Virginia Department of Transportation Fiscal Year 2017 Primary Extension Paving Program for the installation of pavement improvements on Bridge Road and Route 58 Consent Agenda Item #8 – An ordinance to accept and appropriate funds from the Keep Virginia Beautiful “30 Grants In 30 Days” Grant Award for the City of Suffolk’s Litter Prevention and Recycling Program Consent Agenda Item #9 – An ordinance to accept and appropriate funds from the Virginia Office of Emergency Medical Services Rescue Squad Assistance Fund for the Suffolk Department of Fire and Rescue Consent Agenda Item #10 – An ordinance to accept and appropriate a Byrne Justice Assistance Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department Consent Agenda Item # 11 – An ordinance to accept and appropriate funds from the Virginia E-911 Services Board for the Suffolk Police Department Council Member Fawcett called for a summary of Consent Agenda Items #9 through #11 - an ordinance to accept and appropriate funds from the Virginia Office of Emergency Medical Services Rescue Squad Assistance Fund for the Suffolk Department of Fire and Rescue; an ordinance to accept and appropriate a Byrne Justice Assistance Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department and an ordinance to accept and appropriate funds from the Virginia E- 911 Services Board for the Suffolk Police Department 2 City Council Regular Meeting July 20, 2016 Referring to Consent Agenda Items #9 through #11, City Manager Roberts reviewed the background information as printed in the official agenda. Council Member Goldberg, on a motion seconded by Council Member Fawcett, 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 a daycare, child day center, on property located at 3215 Bridge Road, Suite 4, Zoning Map 12, Parcel 12I; C05-16 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas provided a summation of the background information as printed in the official agenda. Melvina Williams, 300 Princess Arch, applicant, spoke in support of the ordinance as presented. Carl Williams, 300 Princess Arch, applicant, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Vice Mayor Bennett asked the applicants about state licensure. Mr. and Mrs. Williams affirmed they are licensed day care providers by the Commonwealth of Virginia. Vice Mayor Bennett requested information about the daily physical activity requirement for the children. Mrs. Williams said the children are required to have 60 minutes of physical activity daily, and the hours for that activity are staggered so that all of the children are not on the playground at once. She concluded that the playground will be supervised by staff and protected by a six-foot fence. Referring to the presentation, Council Member Goldberg queried about any requirements for fencing. Acting Planning and Community Development Director Goumas offered the zoning regulations would allow a fence as high as eight feet in that area. Referring to the presentation, Council Member Goldberg asked whether a barrier could be erected in front of the fence. Acting Planning and Community Development Director Goumas said that City Council could establish appropriate conditions as part of the conditional use permit process. Council Member Duman solicited information about the existence of a standard for minimum fence height. Acting Planning and Community Development Director Goumas advised there are no minimum height requirements in the City’s regulations. Council Member Duman further sought information on the requirements to install fences around playgrounds. Acting Planning and Community Development Director Goumas explained that an outdoor play area is required, depending on square footage, but fencing conditions are based on location of facility. 3 City Council Regular Meeting July 20, 2016 Council Member Duman asked whether City Council can make the installation of a six-foot fence a condition in the proposed ordinance. Acting Planning and Community Development Director Goumas replied in the affirmative. Council Member Duman requested whether the applicant is willing to install a six-foot fence. Mr. Williams said the landlord is willing to install the aforementioned fence. Mayor Johnson solicited information on the fencing material. Mr. Williams was unaware of the type of fence at this time. Mayor Johnson asked about the responsibility of installing barriers around the fence of the playground. Acting Planning and Community Development Director Goumas advised that City Council could make any appropriate condition, and it is the responsibility of the applicants to fulfill the conditions. Council Member Milteer solicited information about any type of material that would deter children from climbing over a fence. Acting Planning and Community Development Director Goumas suggested that slat fencing could be required to address those concerns. Council Member Milteer asked whether the condition requiring the installation of slat fencing could be included in the proposed ordinance. Acting Planning and Community Development Director Goumas replied in the affirmative. Council Member Duman queried about the setback and speed limit on road adjacent to the proposed daycare. City Manager Roberts advised that the road is private and it does without an established speed limit. Council Member Duman requested information on any traffic incidents on that corner adjacent to the proposed daycare. Acting Planning and Community Development Director Goumas said he was unaware of any such occurrences. Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance with conditions one through five, as presented, and with an amendment to include a sixth condition to require the erection of a six-foot fence in such a way to prevent children from climbing over, under or through the fence. Comments were exchanged about various safety ideas to protect the children. Council Member Johnson asked about the applicants’ confidence in maintaining safety on the playground. Mr. Williams said he feels comfortable with a fence enclosure only and negotiated a fence in the terms of the lease with the landlord of the property. Council Member Johnson wondered if there would be enough room for the planting of trees once the fence was installed. Mr. Williams did not think there would be room for trees large enough to hinder traffic. Council Member Ward asked whether a “Children at Play” sign could be installed. City Manager Roberts said the City could not require the installation of such a sign. He added that it might be feasible for the landlord to erect such a sign. Mrs. Williams said he would ask the landlord about this matter. 4 City Council Regular Meeting July 20, 2016 Council Member Fawcett, on a substitute motion, seconded by Council Member Johnson, moved to approve the ordinance with conditions one through five, as presented, with amendments to include a sixth condition to require the erection of a six-foot fence in such a way to prevent children from climbing over, under or through the fence and a seventh condition regarding the installation of safety bollards, or vehicle impact posts, in a manner and spacing that prevents vehicles from entering the designated play area. Vice Mayor Bennett questioned the applicants’ ability to meet the proposed sixth and seventh conditions. Mr. Williams said they could meet the proposed sixth condition but was unsure about the proposed seventh condition. Council Member Duman asked the applicant if they would be willing to continue consideration of the proposed ordinance to a future meeting until the applicants can discuss the feasibility of installing the barriers with the landlord. Mr. Williams replied that he would prefer not to have consideration of the proposed ordinance continued. City Clerk Dawley clarified that the next City Council meeting is August 17, 2016. Mr. Williams advised he nor his wife would be unavailable to attend that meeting. Council Member Johnson queried about the timeframe for opening the proposed daycare center. Mr. Williams said they hoped to have it opened by this fall in conjunction with the start of the school year. On a substitute motion, Council Member Fawcett moved to continue consideration of Conditional Use Permit C05-16 to the September 7, 2016, City Council meeting. The motion failed for lack of a second. Council Member Duman asked about the order of business on this item. City Clerk Dawley summarized that Council Member Fawcett’s substitute motion to continue the item failed to receive a second. She further explained that Council Member Fawcett’s substitute motion adding conditions six and seven regarding the fence and bollards would be next item for consideration for a vote. Mayor Johnson asked Council Member Fawcett to clarify the substitute motion regarding the fencing and bollards. Council Member Fawcett said he moved to approve the ordinance with conditions one through five, as presented, with amendments to include a sixth condition to require the erection of a six- foot fence in such a way to prevent children from climbing over, under or through the fence and a seventh condition regarding the installation of safety bollards, or vehicle impact posts, in a manner and spacing that prevents vehicles from entering the designated play area. Council Member Fawcett, on a substitute motion, seconded by Council Member Johnson, moved to approve the ordinance with conditions one through five, as presented, with amendments to include a sixth condition to require the erection of a six-foot fence in such a way to prevent children from climbing over, under or through the fence and a seventh condition regarding the installation of safety bollards, or vehicle impact posts, in a manner and spacing that prevents vehicles from entering the designated play area, 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 5 City Council Regular Meeting July 20, 2016 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAYCARE, CHILD DAY CENTER, ON PROPERTY LOCATED AT 3215 BRIDGE ROAD, SUITE 4, ZONING MAP 12, PARCEL 12I; C05-16, AS AMENDED ORDINANCES Ordinance – An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Zoning Map 23, Parcel 31D*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 offered a report on the background information as printed in the official agenda. Council Member Duman, 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 ZONING MAP 23, PARCEL 31D*1 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE RESOLUTIONS Resolution – A resolution in support of an agreement between the City of Suffolk and the Commonwealth of Virginia, Office of Intermodal Planning and Investment, to assist in the creation of a Bicycle and Pedestrian Master Plan, to be adopted as a component of Suffolk 2035: A Vision for the Future, City of Suffolk Comprehensive Plan Utilizing a PowerPoint presentation, Deputy City Manager D. Scott Mills supplied a synopsis 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 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 IN SUPPORT OF AN AGREEMENT BETWEEN THE CITY OF SUFFOLK AND THE COMMONWEALTH OF VIRGINIA, OFFICE OF INTERMODAL PLANNING AND INVESTMENT, TO ASSIST IN THE CREATION OF A BICYCLE AND PEDESTRIAN MASTER PLAN, TO BE ADOPTED AS A COMPONENT OF SUFFOLK 2035: A VISION FOR THE FUTURE, CITY OF SUFFOLK COMPREHENSIVE PLAN 6 City Council Regular Meeting July 20, 2016 STAFF REPORTS There were no items on this portion of the agenda. MOTIONS Motion – A motion to schedule a public hearing to be held on August 17, 2016, to receive public comment on an ordinance to enter into a new lease for restaurant services at the Suffolk Executive Airport Council Member Fawcett, on a motion seconded by Council Member Duman, moved to schedule a public hearing to be held on August 17, 2016, to receive public comment on an ordinance to enter into a new lease for restaurant services at the Suffolk Executive Airport, 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 August 17, 2016, at 4:00 p.m. unless cancelled Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a Work Session for August 17, 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 Jennifer Buchheit, 2021 Indian Point Road, was not present when called. Ryan Buchheit, 2021 Indian Point Road, was not present when called. Arthur Elliott, 318 West Washington Street, was not present when called. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: the City’s savings following the bond sale; ribbon cutting for Ross Dress for Less; smoke testing of sewer lines; the Suffolk Police Department Badge Pinning and Promotional Ceremony; National Night Out Dog Walker Watch Program; TGIF Summer Concert Series; National Night Out; Suffolk Mystery Authors Festival; and the City’s mosquito control webpage. Council Member Milteer reported he attended the book launch for former Mayor Andy Damiani. 7 City Council Regular Meeting July 20, 2016 Council Member Milteer reported high grass on the south end of Airport Road and at the Whaleyville Community Center. Council Member Ward announced he attended the Suffolk Police Department Badge Pinning and Promotional Ceremony and the book launch for former Mayor Andy Damiani. Council Member Johnson opined about the 100th anniversary of Mr. Peanut. Council Member Johnson congratulated Chief Deputy Treasurer Kathy Winslow on her retirement. Council Member Johnson cautioned residents about a recent telephone scam involving Dominion Virginia Power. Council Member Johnson opined about the City’s savings following the bond sale. Council Member Johnson encouraged residents to participate in National Night Out. Council Member Goldberg opined about Fill the Boot and National Night Out. Council Member Fawcett advised he attended the ribbon cutting for Ross Dress for Less. Council Member Fawcett opined about the City’s savings following the bond sale. Council Member Fawcett reported he attended the book launch for former Mayor Andy Damiani and Suffolk Police Department Badge Pinning and Promotional Ceremony. Council Member Fawcett encouraged residents to participate in National Night Out. Council Member Fawcett congratulated Chief Deputy Treasurer Kathy Winslow on her retirement. Council Member Fawcett opined about Fill the Boot. Council Member Duman opined about the City’s savings following the bond sale. Council Member Duman congratulated former Mayor Andy Damiani on the release of his new book. Council Member Duman encouraged residents to participate in National Night Out. Council Member Duman opined about gun violence. Vice Mayor Bennett reported a concern from Suffolk Meadows Homeowners Association about the safety of a trail off Shoulders Hill Road. Vice Mayor Bennett announced he attended the book launch for former Mayor Andy Damiani. Vice Mayor Bennett encouraged residents to participate in National Night Out. Vice Mayor Bennett opined about the City’s saving following the bond sale. 8 City Council Regular Meeting July 20, 2016 Vice Mayor Bennett reported on a meeting with local clergy to discuss gun violence. Mayor Johnson opined about Fill the Boot. Mayor Johnson encouraged residents to participate in National Night Out. Mayor Johnson opined about the City’s savings following the bond sale. Mayor Johnson opined about gun violence and reported on subsequent meeting with local clergy. Mayor Johnson reported she attended the book launch for former Mayor Andy Damiani. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 8:39 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTEMBER 7, 2016 9