City Council Meeting Packets

City Council Regular Meeting August 17, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 17, 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. Vice Mayor Bennett 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 August 17, 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 AUGUST 17, 2016, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the July 6, 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 August 17, 2016 SPECIAL PRESENTATIONS Special Presentation – United Way Kurt Hofelich, President, Sentara Norfolk General Hospital, presented a certificate to Mayor Johnson. Alyssa Lester, Relationship Manager, United Way-Western Tidewater, was also present. 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 Goldberg, 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 funds from the Virginia Department of Criminal Justice Services for the Suffolk Victim/Witness Assistance Program Consent Agenda Item #8 – An ordinance to accept and appropriate additional Commonwealth Transportation Funds from the Virginia Department of Rail and Public Transportation for operating and capital expenses related to public transit Consent Agenda Item #9 – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #10 – An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program Consent Agenda Item #11 – An ordinance to appropriate a portion of the proceeds of the 2016 sale of bonds to fund Fleet capital needs for Fiscal Year 2016-2017 Consent Agenda Item #12 – A resolution to accept a donation of personal property for the Suffolk Police Department from Firehouse Subs Public Safety Foundation 2 City Council Regular Meeting August 17, 2016 Council Member Milteer called for an explanation of Consent Agenda Items #8 and #9 - an ordinance to accept and appropriate additional Commonwealth Transportation Funds from the Virginia Department of Rail and Public Transportation for operating and capital expenses related to public transit and an ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport, respectively. Council Member Fawcett asked for a review of Consent Agenda Items #10 and #12 - an ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program and a resolution to accept a donation of personal property for the Suffolk Police Department from Firehouse Subs Public Safety Foundation, resolution. Mayor Johnson requested a summary of Consent Agenda Items #7 through #12 - 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 additional Commonwealth Transportation Funds from the Virginia Department of Rail and Public Transportation for operating and capital expenses related to public transit; an ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport; an ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program; an ordinance to appropriate a portion of the proceeds of the 2016 sale of bonds to fund Fleet capital needs for Fiscal Year 2016-2017; and a resolution to accept a donation of personal property for the Suffolk Police Department from Firehouse Subs Public Safety Foundation, respectively. Referring to Consent Agenda Items #7 through #12, City Manager Roberts provided a summation of the background information as printed in the official agenda. 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 authorizing the execution of a lease agreement for Restaurant Services at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes provided a summation of the background information as printed in the official agenda. Jermaine Booth, 1124 West Avenue, Hampton, Virginia, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting August 17, 2016 Council Member Goldberg, 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 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR RESTAURANT SERVICES AT THE SUFFOLK EXECUTIVE AIRPORT Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential, to B-2, General Commercial, and RU, Residential Urban Zoning District, for property located at 3301, 3305, And 3356 Ferry Road, Zoning Map 12, Parcels 49, 49*1, And 49*2; RZ01-16 (Conditional) Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas supplied a summary of the background information as printed in the official agenda. Melissa Venable, 5857 Harbour View Boulevard, agent, representing BC Marina, LLC, applicant and property owner, spoke in support of the proposed ordinance as presented. Brian Mullins, 1953 Exeter Drive, representing BC Marina, LLC, applicant and 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 Council Member Duman, moved to approve the ordinance, with conditions, as presented. Vice Mayor Bennett asked if there would be a boat launch at the proposed marina. Mr. Mullins advised that a boat launch is not feasible at this time. Council Member Fawcett, on a motion seconded by Council Member Duman, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM RR, RURAL RESIDENTIAL, TO B-2, GENERAL COMMERCIAL, AND RU, RESIDENTIAL URBAN ZONING DISTRICT, FOR PROPERTY LOCATED AT 3301, 3305, AND 3356 FERRY ROAD, ZONING MAP 12, PARCELS 49, 49*1, AND 49*2; RZ01-16 (CONDITIONAL) 4 City Council Regular Meeting August 17, 2016 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a nightclub (live entertainment) on properties located at 3301, 3305 and 3356 Ferry Road, Zoning Map 12, Parcels 49, 49*1 and 49*2; C06-16 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas offered a report on the background information as printed in the official agenda. Melissa Venable, 5857 Harbour View Boulevard, agent, representing BC Marina, LLC, applicant and property owner, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Duman sought information about the applicant’s willingness to amend the proposed ordinance to add a condition limiting the number of live entertainer to a maximum of four performers. Members of City Council opined about the possibility of amending the proposed ordinance to add a condition limiting the number of live entertainer to a maximum of four. Council Member Fawcett moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Johnson asked the applicant about the possibility of amending the proposed ordinance to add a condition limiting the number of live entertainer to a maximum of four performers. Mr. Mullins explained that the City’s noise ordinance would address any matters regarding noise. Council Member Fawcett, on a motion seconded by Council Member Johnson, 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 A NIGHTCLUB (LIVE ENTERTAINMENT) ON PROPERTIES LOCATED AT 3301, 3305, AND 3356 FERRY ROAD, ZONING MAP 12, PARCELS 49, 49*1, AND 49*2; C06-16 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from RM, Residential Medium Density zoning district to RU-18, Residential Urban-18 zoning district (Conditional), for property located at 1901 Freeney Avenue, Zoning Map 35F, Parcel RU*1*2*3; RZ05-16 (Conditional) Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas provided a synopsis on the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, agent, representing Tidewater Fair Downs, LLC, applicant and property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 5 City Council Regular Meeting August 17, 2016 Council Member Duman, on a motion seconded by Council Member Milteer, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RM, RESIDENTIAL MEDIUM DENSITY ZONING DISTRICT TO RU-18, RESIDENTIAL URBAN-18 ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 1901 FREENEY AVENUE, ZONING MAP 35F, PARCEL RU*1*2*3; RZ05-16 (CONDITIONAL) Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from RM, Residential Medium Density zoning district to B-1, Neighborhood Commercial zoning district for property located immediately southeast of 800 White Marsh Road, Zoning Map 35G(B)A, Parcel(s) 3*4*5*6*10+; RZ06-16 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas submitted a synopsis of the background information as printed in the official agenda. Halley Monett, 125-G Wappoo Creek Drive, Charleston, South Carolina, TRC Acquisitions and Holdings, applicant and contract purchaser, spoke in support of the proposed ordinance. Connie Simpson, 800 White Marsh Road, representing Faith Community Church, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Milteer queried about the safety measures at it relates to the stormwater retention pond. Acting Planning and Community Development Director Goumas explained that State regulations address stormwater retention ponds. Council Member Milteer, on a motion seconded 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RM, RESIDENTIAL MEDIUM DENSITY ZONING DISTRICT TO B-1, NEIGHBORHOOD COMMERCIAL ZONING DISTRICT FOR PROPERTY LOCATED IMMEDIATELY SOUTHEAST OF 800 WHITE MARSH ROAD, ZONING MAP 35G(B)A, PARCEL(S) 3*4*5*6*10+; RZ06-16 6 City Council Regular Meeting August 17, 2016 ORDINANCES Ordinance – An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within Phase 1 of the Cluster Subdivision Plat Patriots Walke, Tax Map Number 27, Parcel 51, FS2010-03 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas gave a report on the background information as printed in the official agenda. Council Member Duman, 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 AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OPEN SPACE EASEMENT OVER THE COMMON PASSIVE OPEN-SPACE WITHIN PHASE 1 OF THE CLUSTER SUBDIVISION PLAT PATRIOTS WALKE, TAX MAP NUMBER 27, PARCEL 51, FS2010-03 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 Work Session for September 7, 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 September 7, 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 Arthur Elliott, 318 West Washington Street, was not present when called. 7 City Council Regular Meeting August 17, 2016 NEW BUSINESS City Clerk Dawley presented the following nominations to boards and commissions for City Council’s consideration: Local Board of Building Code Appeals – Mitchell Wilcox and Mark Brinkley and the Paul D. Camp Community College Board – Charles Sanders. Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: National Night Out; National Night Out Awards and Appreciation Ceremony; Nansemond-Suffolk Academy Harbour View Campus ribbon cutting; Virginia Voter Mobile Photo Identification event; 2016 Suffolk Teen Block Party and Teen Summit; Suffolk Humane Society adopt- a-thon; City’s partnership with NextDoor; City’s receipt of an award for outstanding achievement in popular financial reporting; City employees recognized for their years of service; and the City’s observance of Labor Day. Council Member Johnson acknowledged the passing of the late Felton Mann. Council Member Milteer reported he attended National Night Out. Council Member Milteer opined about the new Family Dollar locations. Council Member Fawcett acknowledged the passing of the late Felton Mann. Council Member Fawcett announced he attended the following: National Night Out, Sister Cities Commission cookout and the Nansemond-Suffolk Academy Harbour View Campus ribbon cutting. Council Member Fawcett acknowledged Finance Director Tealan Hansen and the City employees recognized for their years of service. Council Member Goldberg reported he attended the following: National Night Out, the Nansemond-Suffolk Academy Harbour View ribbon cutting and the Sister Cities Commission cookout. Council Member Ward congratulated Dr. Deran Whitney for the improvements in the Suffolk Public School’s Standard of Learning test scores. Council Member Ward thanked Public Works Director Eric Nielsen for his assistance with various infrastructure concerns in Pughsville. Council Member Ward acknowledged Media and Community Relations Director Diana Klink for her role with National Night Out. 8 City Council Regular Meeting August 17, 2016 Council Member Ward announced he attended the Nansemond-Suffolk Academy Harbour View Campus ribbon cutting. Council Member Ward opined about the 77th District General Assembly primary. Council Member Duman reported he attended National Night Out. Council Member Duman acknowledged the Suffolk Police Department. Council Member Duman announced he attended the Nansemond-Suffolk Academy Harbour View Campus ribbon cutting and the Sister Cities Commission cookout. Vice Mayor Bennett acknowledged the passing of the late Felton Mann. Vice Mayor Bennett reported he attended National Night Out. Vice Mayor Bennett thanked Public Works Director Nielsen for his assistance with a drainage issue in Lake Kennedy. Mayor Johnson acknowledged the passing of the late Felton Mann. Mayor Johnson acknowledged the Suffolk Police Department. Mayor Johnson opined about the Fill the Boot fundraiser. Mayor Johnson announced she attended the Nansemond-River High School Football Booster Club community day. Mayor Johnson opined about the new schools under construction in the northern part of the City. Mayor Johnson reported she attended the Sister Cities Commission cookout. Mayor Johnson encouraged residents to participate in local school supplies drives and the Nansemond Indian Tribal Pow Wow. 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 9 City Council Regular Meeting August 17, 2016 There being no further business to come before City Council, the regular meeting was adjourned at 8:54 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTEMBER 7, 2016 10