City Council Meeting Packets

City Council Regular Meeting September 21, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 21, 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 September 21, 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 SEPTEMBER 21, 2016, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 21, 2016 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the September 7, 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 – 39th Annual Suffolk Peanut Fest, October 6-9, 2016 Tourism Development Manager Theresa Earles introduced Kathy Carraway, 2016 Peanut Festival Chair, who offered remarks about the event. 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 to adopt the agenda, as presented. Council Member Goldberg, on a motion seconded by Council Member Fawcett, to adopt the remainder of 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 Highway Safety Improvement Program for the city-wide conversion of traffic signal heads (UPC 108793) Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Transportation Fiscal Year 2017 Smart Scale Program to provide for the upgrading of the existing gravel parking lot to an improved park and ride lot at Godwin Boulevard and Route 58 (UPC 98815) 2 City Council Regular Meeting September 21, 2016 Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department Consent Agenda Item #10 - An ordinance to authorize the appropriation of funds from the Route 17 Taxing District Fund Balance to the Lakeview Parkway/College Drive Sidewalk Improvement Project Consent Agenda Item #11 - A resolution to accept a donation of personal property for the Suffolk Police Department from Firehouse Subs Safety Foundation Council Member Fawcett called for a review of Consent Agenda Items #7, #9 and #11 - an ordinance to accept and appropriate funds from the Virginia Department of Transportation Fiscal Year 2017 Highway Safety Improvement Program for the city-wide conversion of traffic signal heads (UPC 108793); an ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department and a resolution to accept a donation of personal property for the Suffolk Police Department from Firehouse Subs Safety Foundation. Council Member Goldberg sought a summary of Consent Agenda Item #10 - an ordinance to authorize the appropriation of funds from the Route 17 Taxing District Fund Balance to the Lakeview Parkway/College Drive Sidewalk Improvement Project. Vice Mayor Bennett asked for an overview of Consent Agenda Items #7 through #11 - an ordinance to accept and appropriate funds from the Virginia Department of Transportation Fiscal Year 2017 Highway Safety Improvement Program for the city-wide conversion of traffic signal heads (UPC 108793); an ordinance to accept and appropriate funds from the Virginia Department of Transportation Fiscal Year 2017 Smart Scale Program to provide for the upgrading of the existing gravel parking lot to an improved park and ride lot at Godwin Boulevard and Route 58 (UPC 98815); an ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department; an ordinance to authorize the appropriation of funds from the Route 17 Taxing District Fund Balance to the Lakeview Parkway/College Drive Sidewalk Improvement Project and a resolution to accept a donation of personal property for the Suffolk Police Department from Firehouse Subs Safety Foundation. Referring to Consent Agenda Items #7 through #11, City Manager Roberts supplied reports of the background information as printed in the official agenda. Council Member Milteer, 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 authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, Finance Director Tealan Hansen supplied a summary of the background information as printed in the official agenda. 3 City Council Regular Meeting September 21, 2016 Chris Dove, 852 Colonel Meade Drive, representing self, spoke in opposition to the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Duman called for the purpose of the proposed ordinance. Public Utilities Director Moor advised that the proposed ordinance would the following projects: $7,300,000 would be used for sewer upgrades as required due to the Regional Consent Order and $800,000 would expand water and sewer service to citizens who petition to be included on the City’s system. Referring to the presentation, Council Member Duman inquired about the proposed upgrades as it relates to existing customers. Public Utilities Director Moor replied that the upgrades would address the needs of existing customers. He explained that $4,200,000 would be used for water source development and plant upgrades, and $4,200,000 would be designated for water system upgrades for existing neighborhoods. Referring to the presentation, Council Member Duman queried about the anticipated savings as a result of the proposed ordinance. David Rose, Senior Vice President, Davenport and Company, the City’s financial advisors, stated that $2,000,000 in savings is anticipated. Referring to the presentation, Council Member Duman solicited clarification about the extension of terms as it relates to the proposed ordinance. Mr. Rose stated that the proposed ordinance does not extend the terms. Referring to the presentation, Council Member Duman opined about the methodology used to determine the computation of capitalized interest. Mr. Rose stated that a conservative methodology was used to determine the projections. Referring to the presentation, Mayor Johnson sought additional information about the mandated activities as it relates to the proposed ordinance. Public Utilities Director Moor said that the Virginia Department of Environmental Quality requires the City to maintain its facilities and the Hampton Roads Sanitation District has a federal decree for stormwater management. Council Member Duman, 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 ISSUANCE AND SALE OF REVENUE BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF Public Hearing - An ordinance to grant a conditional use permit to establish townhomes, located at 2001 and 2005 East Washington Street, Zoning Map 35F, Parcels RT*PT1, RT*PT1*2 and RT*PT2*3; C07-16 4 City Council Regular Meeting September 21, 2016 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas gave a report on the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, 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. 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 TOWNHOMES, LOCATED AT 2001 AND 2005 EAST WASHINGTON STREET, ZONING MAP 35F, PARCELS RT*PT1, RT*PT1*2 AND RT*PT2*3;C07-16 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-406, Use Regulations, Article 7, Supplemental Use Regulations, to establish a new Section 31-724, Solar Energy Facilities, and Appendix A, Definitions; OA04-16 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas provided a summation 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 Goldberg, 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 A CONDITIONAL USE PERMIT TO ESTABLISH TOWNHOMES, LOCATED AT 2001 AND 2005 EAST WASHINGTON STREET, ZONING MAP 35F, PARCELS RT*PT1, RT*PT1*2 AND RT*PT2*3;C07-16 ORDINANCES There were no items under this portion of the agenda. 5 City Council Regular Meeting September 21, 2016 RESOLUTIONS Resolution – A resolution of the City Council of the City of Suffolk, Virginia authorizing the issuance, an aggregate principal amount not to exceed $24,000,000, by the Economic Development Authority of the City of Suffolk of its Retirement Facilities First Mortgage Revenue Refunding Bonds (Lake Prince, Inc.), Series 2016 Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes gave a synopsis of the background information as printed in the official agenda. Council Member Goldberg, 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 THE CITY COUNCIL OF THE CITY OF SUFFOLK, VIRGINIA AUTHORIZING THE ISSUANCE, AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $24,000,000, BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SUFFOLK OF ITS RETIREMENT FACILITIES FIRST MORTGAGE REVENUE REFUNDING BONDS (LAKE PRINCE, INC.), SERIES 2016 STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session for October 5, 2016, at 4:00 p.m. unless cancelled Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a Work Session for October 5, 2016, at 4:00 p.m., 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 Barry Cole, 4049 Sadler Drive, representing Western Tidewater Free Clinic, offered an update on the clinic’s activities. Barry Stevens, 10 Crocker Street, representing self, opined about ditch issues. 6 City Council Regular Meeting September 21, 2016 NEW BUSINESS City Clerk Dawley presented the following nominations to boards and commissions for City Council’s consideration: Virginia Municipal League Annual Conference Business Meeting – Vice Mayor Bennett (voting delegate) and Council Member Fawcett (alternate voting delegate) and Virginia Municipal League Annual Conference Urban Section Meeting – Vice Mayor Bennett (voting delegate) and Council Member Fawcett (alternate voting delegate). Council Member Goldberg, on a motion seconded by Council Member Johnson, 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 a PowerPoint presentation, Media and Community Relations Coordinator Tim Kelley reported on the following: the Suffolk Police Department’s partnership with NextDoor; the expiration of the summer burn ban; the Suffolk Peanut Festival Parade; the Suffolk Peanut Festival; the Swamp Roar Motorcycle Rally; and the Emergency Medical Services Passport Subscription Service. Council Member Goldberg thanked City Manager Roberts for assistance with citizens’ concerns. Council Member Ward opined about the ordinance to authorize the appropriation of funds from the Route 17 Taxing District Fund Balance to the Lakeview Parkway/College Drive Sidewalk Improvement Project. Council Member Ward thanked the Western Tidewater Free Clinic for their efforts. Council Member Duman announced he attended the Taste of Suffolk and the fundraiser for Pastor Greg Ryan, Oakland Christian Church. Council Member Fawcett advised he attend the following: the Taste of Suffolk; the dedication of Riverbend Church and the Walk to End Alzheimer's. Council Member Fawcett encouraged residents to report adverse road conditions on the City’s webpage. Council Member Milteer announced he attended the Taste of Suffolk. Council Member Milteer opined about water rates. Council Member Johnson acknowledged Suffolk Meals on Wheels for their efforts. Council Member Johnson expressed his appreciation for the condolences received due his mother’s passing. Vice Mayor Bennett announced he attended the Taste of Suffolk. 7 City Council Regular Meeting September 21, 2016 Vice Mayor Bennett opined about the following upcoming events: the Suffolk Peanut Festival; the Boys and Girls Club Southeast Virginia Oyster Roast Fundraiser and the Suffolk Rotary Club First Citizen Award Reception Mayor Johnson advised she attended the following: the Taste of Suffolk; the Walk to End Alzheimer's; the Breaking Down Barriers through Unity event and the Whaleyville Community Day. Mayor Johnson expressed her condolences to Council Member Johnson on his mother’s passing. 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 8:38 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 5, 2016 8