City Council Meeting Agendas

City Council Regular Meeting July 15, 2009 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, July 15, 2009, at 7:00 p.m. PRESENT Council Members – Linda T. Johnson, Mayor, presiding Curtis R. Milteer, Sr., Vice Mayor Robert C. Barclay IV Joseph H. Barlow Leroy Bennett Charles F. Brown Jeffrey L. Gardy Charles D. Parr, Sr. Selena Cuffee-Glenn, City Manager Helivi O. Holland, Deputy City Attorney Tracey L. Sanford, Deputy City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order, and Vice Mayor Milteer provided the Invocation and the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION Deputy City Clerk Sanford presented a resolution certifying the Closed Meeting of July 15, 2009, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Vice Mayor Milteer, on a motion seconded by Council Member Gardy, moved that the resolution be adopted, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JULY 15, 2009, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 15, 2009 APPROVAL OF THE MINUTES Council Member Bennett, on a motion seconded by Council Member Barclay, moved to approve the minutes from the May 20, 2009, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - 2009 National Night Out Invitation Media and Communications Director Debbie George and Police Chief Thomas Bennett gave an overview of the background information as printed in the official 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 items from the Consent Agenda for separate action. Mayor Johnson announced that Consent Agenda Item #12 - a resolution to accept and appropriate a State Grant-In-Aid Award from the Library of Virginia for the Suffolk Public Library System - no longer requires action, therefore, would need to be removed from the agenda. Hearing no requests to remove any items for a separate action, Mayor Johnson advised that a motion was in order to adopt the remainder of the agenda in its entirety. Vice Mayor Milteer, on a motion seconded by Council Member Parr, moved to remove Consent Agenda Item ##12 from the agenda and adopt the remainder of the agenda in its entirety, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AGENDA SPEAKERS There were no individuals registered to speak under this portion of the agenda. 2 City Council Regular Meeting July 15, 2009 CONSENT AGENDA Deputy City Clerk Sanford presented the following Consent Agenda items for City Council’s consideration: Consent Agenda Item #7 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE FIFTH JUDICIAL DISTRICT COMMUNITY CORRECTIONS PROGRAM Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE SUFFOLK WORKFORCE DEVELOPMENT CENTER FROM THE UNITED STATES DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION Consent Agenda Item #9 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE PEPSI BOTTLING GROUP CONSENT AGENDA ITEM #10 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH PROLOGIS, UPTON FARMS, INCORPORATED AND THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE NORTHGATE COMMERCE PARK WATER TANK AND PUMP STATION Consent Agenda Item #11 - AN ORDINANCE OF THE CITY OF SUFFOLK, VIRGINIA, AUTHORIZING TRANSFER OF CONTROL FROM CHARTER COMMUNICATIONS HOLDING COMPANY LLC D/B/A/ CHARTER COMMUNICATIONS TO CHARTER COMMUNICATIONS, INC. Consent Agenda Item #13 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUFFOLK AND THE SUFFOLK SCHOOL BOARD REGARDING THE IMPLEMENTATION OF SCHOOL RESOURCE OFFICERS Mayor Johnson called for a review of Consent Agenda Items #9 and #11 - a resolution authorizing the City Manager to execute a cost participation agreement with the Pepsi Bottling Group and an ordinance of the City of Suffolk, Virginia, authorizing transfer of control from Charter Communications Holding Company LLC d/b/a/ Charter Communications to Charter Communications, Incorporated, respectively. Referring to Consent Agenda Item #9, Deputy City Attorney Holland outlined the background information as printed in the official agenda. Referring to Consent Agenda Item #11, Deputy City Attorney Holland gave a summary of the background information as printed in the official agenda. Mayor Johnson requested an overview of Consent Agenda Item #13 - a resolution authorizing the City Manager to execute a Memorandum of Understanding between the City of Suffolk and the Suffolk School Board regarding the implementation of School Resource Officers Referring to Consent Agenda Item # 13, Police Chief Thomas Bennett supplied a report on the background information as printed in the official agenda. 3 City Council Regular Meeting July 15, 2009 Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the above listed Consent Agenda items, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - Rezoning Request RZ12A-06, submitted by Whitney Saunders, of Saunders and Ojeda, applicant, on behalf of Cloverleaf Development, LLC, property owner, for an amendment to proffers submitted with rezoning approximately 73 acres from CP, Commerce Park, and RL, Residential Low Density, to RLM, Residential Low Medium Density District Planning and Community Development Director D. Scott Mills provided a synopsis of the background information as printed in the official agenda. Whitney Saunders, Saunders and Ojeda, applicant, 705 West Washington Street, representing Cloverleaf Development, LLC, property owner, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Vice Mayor Milteer, moved to approve the ordinance, as presented, with conditions, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK AS TO PROPERTY DESIGNATED AS TAX MAP NUMBER 34, PARCEL 24 ORDINANCES Ordinance - An ordinance amending the Code of the City of Suffolk, Virginia, by repealing Sections 2-211, 2-212, and 2-213; and adopting new Sections 2-211.1, 2-212.1, and 2-213.1; by amending Sections 2-321 and 2-322; by amending Sections 2-396 and 2-397; by amending Section 2-470; and adopting new Sections 2-473 and 2-474; to reorganize the Clean Community Commission, the Redevelopment and Housing Authority Board of Commissioners, the Substance Abuse and Youth Council, the Welfare Advisory Board, and the Historic Landmarks Commission; and to abolish the Roadway Maintenance Advisory Commission (This item was continued from the July 1, 2009, City Council Meeting.) Deputy City Attorney Holland offered a review of the background information as printed in the official agenda. 4 City Council Regular Meeting July 15, 2009 Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE AMENDING THE CODE OF THE CITY OF SUFFOLK, VIRGINIA, BY REPEALING SECTIONS 2-211, 2-212, AND 2-213; AND ADOPTING NEW SECTIONS 2-211.1, 2-212.1, AND 2-213.1; BY AMENDING SECTIONS 2-321 AND 2-322; BY AMENDING SECTIONS 2-396 AND 2-397; BY AMENDING SECTION 2-470; AND ADOPTING NEW SECTIONS 2-473 AND 2-474; TO REORGANIZE THE CLEAN COMMUNITY COMMISSION, THE REDEVELOPMENT AND HOUSING AUTHORITY BOARD OF COMMISSIONERS, THE SUBSTANCE ABUSE AND YOUTH COUNCIL, THE WELFARE ADVISORY BOARD, AND THE HISTORIC LANDMARKS COMMISSION; AND TO ABOLISH THE ROADWAY MAINTENANCE ADVISORY COMMISSION Ordinance - An ordinance adding Section 1-18 to the Code of the City of Suffolk, for the provision of a defense and indemnification for City officers and employees with respect to any claim or cause of action arising from the execution of their City duties Deputy City Attorney Holland submitted a summary of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Brown, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE ADDING SECTION 1-18 TO THE CODE OF THE CITY OF SUFFOLK, FOR THE PROVISION OF A DEFENSE AND INDEMNIFICATION FOR CITY OFFICERS AND EMPLOYEES WITH RESPECT TO ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE EXECUTION OF THEIR CITY DUTIES RESOLUTIONS There were no items under this potion of the agenda. 5 City Council Regular Meeting July 15, 2009 STAFF REPORTS Staff Report - Affordable Dwelling Unit Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills supplied a synopsis of the background information as printed in the official agenda. Referring to the presentation, Vice Mayor Milteer queried about the legality of the proposed amendments to the City’s current Affordable Dwelling Unit Ordinance as it relates to the State Code. Planning and Community Development Director Mills explained that the proposed amendments to the City’s current ordinance would be in compliance with the State Code. Referring to the presentation, Council Member Parr sought clarification of the inclusion of rental apartments in the proposed amendments to the Affordable Dwelling Unit Ordinance. Planning and Community Development Director Mills stated that the proposed amendments to the City’s current ordinance would include leased units apartments. Referring to the presentation, Council Member Brown opined about any potential for Leadership in Environmental and Energy Design standards as it relates to the proposed amendments to the City’s current Affordable Dwelling Unit Ordinance. Planning and Community Development Director Mills advised that he was not aware of any consideration of those design standards as it relates to the proposed amendments, but he would research the State Code to see if there are any associated provisions. Referring to the presentation, Council Member Bennett asked about the possible impact on infill housing as it relates to the proposed amendments to the City’s Affordable Dwelling Unit Ordinance. Planning and Community Development Director Mills said that in cases of larger development projects the proposed amendments to the City’s current ordinance would be applicable. Staff Report - Quiet Zone Update Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen offered a review of the above referenced item. Referring to the presentation, Council Member Parr queried about the feasibility of installing median dividers at all railroad crossings. Public Works Director Nielsen reported that it is not feasible to install median dividers on all railroad crossings because some areas have tight right-of-ways and may used by pedestrians. Referring to the presentation, Council Member Parr inquired about the feasibility of using railroad crossing gates at a different location if the Commerce Street railroad crossing was closed. Public Works Director Nielsen stated that he believed that it would be possible to reuse the railroad crossing gates at a difference location if the Commerce Street railroad crossing was closed. He added that it might be feasible to get the railroad companies to partner with the City to upgrade the remaining railroad crossings. Referring to the presentation, Council Member Bennett asked about the feasibility of installing movable median dividers on Shoulders Hill Road. Public Works Director Nielsen said that the median dividers are not movable as they must be anchored to the road. 6 City Council Regular Meeting July 15, 2009 Council Member Gardy, on a motion seconded by Council Member Bennett, moved to establish quiet zones at Olde Mill Creek Drive, Shoulders Hill Road, and Nansemond Parkway; to direct City Manager Cuffee-Glenn to identify funding sources associated with the above referenced improvements; and to enter into negotiations with Norfolk Southern regarding closing the Commerce Street railroad crossing, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 MOTIONS Motion - A motion to cancel the August 5, 2009, Regular Meeting Council Member Gardy, on a motion seconded by Vice Mayor Milteer, moved to cancel the August 5, 2009, Regular Meeting, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Motion - A motion to schedule a Work Session for August 19, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor Vice Mayor Milteer, on motion seconded by Council Member Bennett, moved to schedule a Work Session on August 19, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Joseph Epps, 418 Kilby Avenue, representing self, spoke in opposition to the bulk refuse collection fee. NEW BUSINESS Vice Mayor Milteer requested that City Manager Cuffee-Glenn re-examine the bulk refuse collection fee in January, 2010. 7 City Council Regular Meeting July 15, 2009 Mayor Johnson asked Deputy City Clerk Sanford if there were any New Business items for consideration. Deputy City Clerk Sanford advised that the following names have been submitted for consideration for boards and commissions appointments: Fine Arts Commission – Alice Mountjoy; Historic Landmarks Commission – Isaac Baker, Jr. and Fred D. Taylor; Substance Abuse and Youth Council – Louvenia Milteer; Suffolk Redevelopment and Housing Authority Board of Commissioners – Eleanor Clark and Branch P. Lawson; Transportation District Commission of Hampton Roads – Council Member Leroy Bennett (alternate member) Vice Mayor Milteer, on a motion seconded by Council Member Parr, moved to nominate and appoint the aforementioned individuals to the boards and commissions as outlined above, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Council Member Gardy offered a report on the Southeastern Public Service Authority Waste-to-Energy Plant sale and the ReEnergy proposal to purchase the assets and facilities of the Southeastern Public Service Authority. Council Member Gardy commended Council Member Barlow and Public Utilities Director Albert Moor for their efforts as members of the Western Tidewater Water Authority regarding the recently announced City of Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement. Mayor Johnson called Public Utilities Director Moor forward to present an update on the recently announced City of Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement. Utilizing a PowerPoint presentation, Public Utilities Director Moor submitted a summary of the City of Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement. Council Member Barclay advised that there have been some inquires about the tax exempt status on State-owned property from the stormwater fee and directed City Attorney Edward Roettger to research the matter and provide City Council with a formal opinion on this issue. ANNOUNCEMENTS AND COMMENTS FROM CITY COUNCIL MEMBERS Council Member Parr commended Stallings and Bischoff on the opening of their new office and members of City staff responsible for the City’s Independence Day Celebration. Council Member Parr welcomed home the students of the Sister Cities Suffolk-to-Suffolk Student Musical Exchange Program who visited Suffolk, England. Council Member Gardy announced the upcoming National Night Out festivities. Council Member Brown congratulated the members of the Western Tidewater Water Authority for the finalization of the City of Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement. 8 City Council Regular Meeting July 15, 2009 Council Member Brown called for City Manager Cuffee-Glenn to examine the new bulk refuse collection fee, the process for determining funding for non-governmental organizations and the new false alarm fee. Council Member Barclay opined about the new bulk refuse collection fee, the process for determining funding for non-governmental organizations and the false alarm fee. He asked that City Manager Cuffee-Glenn include an item on the upcoming retreat agenda about a possible policy regarding the membership of City staff on the boards of non-governmental organizations that are seeking funding from the City. Council Member Barlow expressed her appreciation to the members of the Western Tidewater Water Authority for the finalization of the City of Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement. Council Member Bennett opined about the new bulk refuse fee and asked for clarification about the enforcement of the policy of Southeastern Public Service Authority as it relates to the free disposal of refuse at the Regional Landfill for Suffolk residents Council Member Bennett opined about the process for determining funding for non-governmental organizations. Council Member Bennett acknowledged the new Police Department recruits. Vice Mayor Milteer congratulated City Manager Cuffee-Glenn on the implementation of the process used for determining funding for non-governmental organizations. Vice Mayor Milteer thanked the Public Works Department for the removal of high grass in the 1900 block of Airport Road. Vice Mayor Milteer requested City Manager Cuffee-Glenn re-examine the new bulk refuse collection fee in January, 2010. Mayor Johnson commended the residents in neighborhoods on Route 10 for their effort to remove debris after a recent storm. Mayor Johnson reminded residents that the City permits citizens to have up to three automated refuse collection containers. Mayor Johnson called for information about the cost for one-time only, bulk refuse collection at no charge to the residents. Mayor Johnson asked for clarification about the allocation of Community Development Block Grant funding for non-governmental organizations. City Manager Cuffee-Glenn stated that once those dollars are allocated from the federal government to the City, the funding is considered to be City funding and included in the overall budget. Mayor Johnson commented on the upcoming National Night Out activities. 9 City Council Regular Meeting July 15, 2009 ANNOUNCEMENTS BY THE COMMUNICATIONS DIRECTOR Media and Community Relations Director Debbie George announced the upcoming the Taste of Suffolk Festival. ADJOURNMENT Council Member Parr, on a motion seconded by Council Member Gardy, moved to adjourn, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:55 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTEMBER 2, 2009 10