City Council Meeting Agendas

City Council Regular Meeting September 2, 2009 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, September 2, 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 C. Edward Roettger, Jr., City Attorney Erika S. Dawley, City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order, and Council Member Bennett provided 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 2, 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 SEPTEMBER 2, 2009, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 2, 2009 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Bennett, moved to approve the minutes from the July 15, 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 - Taste of Suffolk Downtown Street Festival (Incorporating the City of Suffolk’s 35th Anniversary) Utilizing a PowerPoint presentation, Interim Economic Development Director Kevin Hughes provided a report on the above referenced item. Referring to the presentation, Council Member Barlow called for an explanation about the corn hole contest that is being held as a part of the festival. Interim Economic Development Director Hughes said that corn hole is akin to a portable game of horseshoes. Referring to the presentation, Council Member Barlow opined about the eating contest that is being held as a part of the festival. Interim Economic Development Director Hughes replied that there will be a jalapeno eating contest. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA As there was no Consent Agenda for consideration, Mayor Johnson advised that a motion was in order to adopt the agenda in its entirety. Council Member Parr, on a motion seconded by Council Member Bennett, moved to adopt 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. CONSENT AGENDA There were no items under this portion of the agenda. 2 City Council Regular Meeting September 2, 2009 PUBLIC HEARINGS Public Hearing - An ordinance amending Section 54-122 of the Code of the City of Suffolk to prohibit the use of rifles in certain portions of the City Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts provided a synopsis of the background information as printed in the official agenda. Peggy Ferguson, 693 Lake Meade Drive, representing self, spoke in support of the proposed ordinance, but called for the expansion of the prohibition of hunting as it relates to residential areas. Leroy Schmidt 5140 North Harbor Road, representing self, opined about hunting and its regulations. John Fenter, 909 West Ferry Plantation Road, Virginia Beach, Board Member, Virginia Citizens Defense League, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Gardy sought clarification of the use of the term “Dismal Swamp” in the proposed ordinance instead of the Dismal Swamp Line. City Attorney Roettger said that the language in the proposed ordinance is based on the verbiage currently provided by the State. Assistant City Attorney William Hutchings stated that the proposed ordinance is based on the language directly from the Virginia Administrative Code, which refers only to the Dismal Swamp, not the Dismal Swamp Line. He added that the proposed ordinance only replaces the regulations previously enforced by the Department of Game and Inland Fisheries that prohibits the use of a rifle of any caliber for the hunting of bear and deer in the City, except in the portion of the Dismal Swamp indentified in Virginia Administrative Code. Referring to the presentation, Council Member Parr opined about the current prohibition of the use of rifles in the Great Dismal Swamp Refuge. Assistant City Attorney Hutchings reiterated that the proposed ordinance only replaces the State regulations that prohibit the use of a rifle of any caliber for the hunting of bear and deer in the City except in the portion of the Dismal Swamp indentified in the Virginia Administrative Code. Referring to the presentation, Council Member Brown called for explanation about the inclusion of language in the proposed ordinance regarding the prohibition of the discharge of a rifle within 100 yards of a home or a business. Deputy City Manager Roberts replied that the proposed ordinance prohibits the discharge of a rifle within 100 yards of a densely populated area. He added that he would not purport that the projectile of a rifle cannot exceed 100 yards. Referring to the presentation, Mayor Johnson queried about the possible outcomes, should City Council fail to approve the proposed ordinance. Deputy City Manager Roberts reported that the proposed ordinance replaces the regulation previously enforced by the Department of Game and Inland Fisheries. 3 City Council Regular Meeting September 2, 2009 Referring to the presentation, Council Member Barclay solicited information about the City’s future plans as it relates to the overall regulation of hunting. Deputy City Manager Roberts indicated that it is the intention of City Administration to undertake a review of all ordinances regarding the regulation of hunting and make recommendations in February, 2010. Referring to the presentation, Council Member Bennett asked about the designation of a specific area for the Youth Deer Hunting Day event scheduled for September 26th. Deputy City Manager Roberts advised that no specific area has been defined for this event, but he could forward this question to the Department of Game and Inland Fisheries. Referring to the presentation, Council Member Barlow opined about the definition of the Dismal Swamp Line. Deputy City Manager Roberts said that the Virginia Administrative Code provides the only definition for the Dismal Swamp Line. Council Member Gardy, on a motion seconded by Council Member Barclay, 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 SECTION 54-122 OF THE CODE OF THE CITY OF SUFFOLK TO PROHIBIT THE USE OF RIFLES IN CERTAIN PORTIONS OF THE CITY Referring to the presentation, Mayor Johnson requested that City Administration consider rural estates during the course of reviewing all of the ordinances regarding the regulation of rifles. Public Hearing - A resolution approving the application for Enterprise Zone designation Utilizing a PowerPoint presentation, Interim Economic Development Director Hughes outlined the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the resolution, as presented. Referring to the presentation, Vice Mayor Milteer called for an explanation of the Enterprise Zone boundaries in relation to the Suffolk Executive Airport. Interim Economic Development Director Hughes stated that the zone includes land on the northern and western sides of the Suffolk Executive Airport. 4 City Council Regular Meeting September 2, 2009 Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the resolution, 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 APPROVING THE APPLICATION FOR ENTERPRISE ZONE DESIGNATION Public Hearing - A resolution authorizing the acquisition of a permanent public utility easement, by condemnation or other means, for the construction, operation, and maintenance of sanitary sewer and water improvements within Dorothy Lane, and to authorize the filing of a certificate of take Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor gave an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Barclay, moved to approve the resolution, 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 A RESOLUTION AUTHORIZING THE ACQUISITION OF A PERMANENT PUBLIC UTILITY EASEMENT, BY CONDEMNATION OR OTHER MEANS, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF SANITARY SEWER AND WATER IMPROVEMENTS WITHIN DOROTHY LANE, AND TO AUTHORIZE THE FILING OF A CERTIFICATE OF TAKE ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution - A resolution to accept and appropriate funds from the Virginia Department of Housing and Community Development for the Suffolk Foreclosure Mitigation and Neighborhood Stabilization Program Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills offered an overview of the background information as printed in the official agenda. 5 City Council Regular Meeting September 2, 2009 Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the resolution 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 TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE SUFFOLK FORECLOSURE MITIGATION AND NEIGHBORHOOD STABILIZATION PROGRAM STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing for the October 7, 2009, City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Utility Bonds, Series 2009, in the maximum amount of $27,000,000 by the City of Suffolk, Virginia, and establishing the terms, details and provisions for the payment thereof Council Member Gardy, on a motion seconded by Council Member Parr, moved to schedule a public hearing for the October 7, 2009, City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Utility Bonds, Series 2009, in the maximum amount of $27,000,000 by the City of Suffolk, Virginia, and establishing the terms, details and provisions for the payment thereof, 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 September 16, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Bennett, on motion seconded by Council Member Gardy, moved to schedule a Work Session on September 16, 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 6 City Council Regular Meeting September 2, 2009 NON-AGENDA SPEAKERS Jason Fulford, 2502 Whaleyville Boulevard, representing self, was not present when called. William Newsome, 910 East Washington Street, representing self, addressed the following concerns: truck traffic on East Washington Street; the bulk refuse collection fee and program; and the overgrown ditches on East Washington Street and the surrounding area. Leroy Schmidt, 5140 North Harbor Road, representing self, called for the implementation of free bulk refuse collection every two weeks and for increasing parking downtown. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley advised that Charles G. Hearn has been nominated for appointment to the Western Tidewater Community Services Board. Council Member Gardy, on a motion seconded by Council Member Bennett, moved to nominate and appoint the aforementioned individual to the body 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 gave an update on the proposed offer submitted by ReEnergy to purchase all assets of the Southeastern Public Service Authority. Public Works Director Eric Nielsen provided supplemental information on this matter. ANNOUNCEMENTS AND COMMENTS Council Member Parr expressed his appreciation to the City’s representatives on the Southeastern Public Service Authority Board of Directors. Council Member Parr announced the upcoming Taste of Suffolk Festival. Council Member Parr asked City Administration to include stakeholders during the review of all ordinances regarding the regulation of hunting. Council Member Parr reported on the Sister Cities visit from citizens from Oderzo, Italy. Council Member Gardy congratulated the Bethlehem Ruritan Club on wining the National Night Out Award. Council Member Brown queried about the feasibility of Charter Cable offering the National Football League Network. Council Member Brown called for the construction of a parking garage for downtown. Council Member Brown opined about the progress of the Fairgrounds redevelopment project. 7 City Council Regular Meeting September 2, 2009 Council Member Brown asked for a report on the effectiveness of the new bulk refuse collection program. Council Member Brown opined about the future of light rail in the City. Council Member Barclay queried about the status of including the bulk refuse collection program brochure in the next personal property tax invoices. City Manager Cuffee-Glenn stated that she is working with City Treasurer Ronald Williams to disseminate the brochures this October. Council Member Barlow reported on a recent Rotary Club meeting he attended in the City of Hampton. Council Member Bennett directed City Attorney Roettger to provide a recommendation about the City’s options as is relates to the fines recently imposed by the Department of Environmental Quality on American Transportation System, LLC. Vice Mayor Milteer expressed his appreciation to the Public Works Department for the installation of lights on Airport Road. Vice Mayor Milteer reported high grass on the corner of Mineral Springs Road and Whaleyville Boulevard. Vice Mayor Milteer called for the reconsideration of the bulk refuse collection fee. Mayor Johnson offered her congratulations to the winners of the National Night Out Awards: Bethlehem Ruritans, Suffolk Redevelopment and Housing Authority and Burbage Grant. Mayor Johnson announced the opening of the Jammin’ Jerk Bar-B-Q Restaurant on Route 10. Mayor Johnson announced the upcoming Taste of Suffolk Festival. ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Bennett, 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 8:40 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ___________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTMEBER 16, 2009 8