City Council Meeting Agendas

City Council Regular Meeting September 16, 2009 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, September 16, 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 Vice Mayor Milteer 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 16, 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 Parr, 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 16, 2009, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 16, 2009 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Bennett, moved to approve the minutes from the August 19, 2009, and September 2, 2009, Work Sessions and Regular Meetings, 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 – 32nd Annual Suffolk Peanut Fest - Nutty about the Light that Shines on Suffolk Tourism Manager Lynette White introduced Kathy Richards, Chairperson, 2009 Peanut Fest. Ms. Richards provided a report on the above referenced item. 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. Hearing none, she advised that a motion was in order at this time to adopt the agenda in its entirety. Council Member Parr, on a motion seconded by Council Member Gardy, 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 The following items were included on the Consent Agenda for City Council’s consideration: Consent Agenda Item #7 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF NORTH MAIN STREET AND MURPHY’S MILL ROAD Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FROM THE UNITED STATES DEPARTMENT OF JUSTICE 2 City Council Regular Meeting September 16, 2009 Consent Agenda Item #9 - A RESOLUTION IN SUPPORT OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGINIA STATE POLICE AND THE CITY OF SUFFOLK POLICE DEPARTMENT Consent Agenda Item # 10 - AN ORDINANCE APPROVING A REASSIGNMENT FOR A POSITION IN THE PUBLIC WORKS DEPARTMENT Council Member Gardy called for a review of Consent Agenda #7 - a resolution to accept and appropriate funds for the design and construction of a traffic signal at the intersection of North Main Street and Murphy’s Mill Road. Referring to Consent Agenda Item #7, Public Works Eric Nielsen outlined the background information as printed in the official agenda. Referring to the presentation, Council Member Parr called for clarification about the contribution of Duke Automotive as it relates to the installation of the traffic signal. Public Works Director Nielsen explained that the City’s agreement is solely with Powell Development, the developers of the condominium project. He added that Powell Development has entered into a cost participation agreement with Duke Automotive to fund the traffic signal. 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 – An ordinance granting a Subdivision Variance Request V-01-09, submitted by Ryan Martin, of Venture Partners, LLC, on behalf of Upton Farms, Inc. and Prologis, property owners, for two variances from Section 31-612(c)(3) and 31-612(f)(7) of the Unified Development Ordinance regarding the maximum cul-de-sac length in the M-2, Heavy Industrial Zoning District, and street connectivity to Northgate Commerce Park Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills provided a synopsis of the background information as printed in the official agenda. Lang Williams, 1015 Manchester Avenue, Norfolk, Virginia, representing Ryan Martin, of Venture Partners, LLC, on behalf of Upton Farms, Inc. and Prologis, property owners, spoke in support of the ordinance as presented. Steven Riddick, 201 Marks Drive, representing Wancheese Seafood, spoke in opposition to the ordinance as presented. Lang Williams, 1015 Manchester Avenue, Norfolk, Virginia, representing Ryan Martin, of Venture Partners, LLC, on behalf of Upton Farms, Inc. and Prologis, property owners, spoke in support of the ordinance as presented. 3 City Council Regular Meeting September 16, 2009 Hearing no additional speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Brown, moved to deny the ordinance, as presented. Referring to the presentation, Vice Mayor Milteer called for clarification of the staff recommendation. Planning and Community Development Director Mills stated that it is the recommendation of staff that the requested variance to the cul-de-sac length and connectivity requirements are inconsistent with the respective provisions of the Unified Development Ordinance. He added, therefore, denial of this request is recommended. Referring to the presentation, Council Member Barclay asked about the feasibility of installing an alternative entrance for emergency vehicle access to the parcel. Planning and Community Development Director Mills replied that if the variance was granted an alternate entrance could be installed, but it would require an agreement with three adjacent private property owners and does not address the level of service concerns or the connectivity issue. Referring to the presentation, Council Member Parr opined about the possibility that the trains in the area would still cause blockages even if there is another ingress or egress available. Planning and Community Development Director Mills said that could scenario be a possibility. Referring to the presentation, Council Member Parr queried about the applicant’s willingness to provide $2,500,000 for road improvements, should the variance receive approval. Mr. Williams explained that if the variance is not approved, the applicant will not develop the property. Council Member Bennett, on a motion seconded by Council Member Brown, moved to deny 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 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution - A resolution adopting the City of Suffolk’s 2010 Census Partner Agreement City Manager Cuffee-Glenn offered an overview of the background information as printed in the official agenda. 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 4 City Council Regular Meeting September 16, 2009 A RESOLUTION ADOPTING THE CITY OF SUFFOLK’S 2010 CENSUS PARTNER AGREEMENT STAFF REPORTS Staff Report – Family Transfer Subdivisions This item was continued to the upcoming City Council Retreat, scheduled for September 23-25, 2009. MOTIONS Motion - A motion to schedule a Work Session for October 7, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor Vice Mayor Milteer, on motion seconded by Council Member Gardy, moved to schedule a Work Session on October 7, 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 There were no individuals registered to speak under this portion of the agenda. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley announced the following individuals have been nominated for appointment: Joyce Hall to the Wetlands Board and Brad O’Berry to the Wetlands Board as an alternate. 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 Mayor Johnson called for a report on the City’s recent audit. Finance Director Dale Walker submitted a preview of the anticipated results of the audit, which should be completed by the first week of October. Discussion ensued among members of City Council about the feasibility of providing free bulk refuse collection, should the audit report that the City has surplus funds available. Council Member Parr, on a motion seconded by Council Member Gardy, moved to direct City Manager Cuffee-Glenn to provide recommendations regarding the use of any surplus funding in the following areas: bulk refuse collection, employee compensation, information technology, public safety, reserve fund, and the Southeastern Public Service Authority closure fund. 5 City Council Regular Meeting September 16, 2009 Vice Mayor Milteer sought a report on the stoplight at the intersection of County Street and Johnson Avenue. Public Works Director Eric Nielsen advised that the stoplight was removed in mid-August because a vehicle damaged the power pole that served the stoplight. He added that a four way stop has been implemented in the intersection to address traffic control in the interim. He stated that Dominion Virginia Power has since repaired the pole and based on the results of a recent traffic study, it is the recommendation of the Traffic Engineering Division that the intersection does not warrant the replacement of the traffic signal. Members of City Council exchanged comments regarding possible uses for surplus funds should the audit report that the City has surplus funds available. Council Member Parr, on a motion seconded by Council Member Gardy, moved to direct City Manager Cuffee-Glenn to provide recommendations regarding the use of any surplus funding in the following areas: bulk refuse collection, employee compensation, information technology, public safety, reserve fund, and the Southeastern Public Service Authority closure fund, 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 Wheelabrator to purchase the Waste to Energy Plant and the offer 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 Barclay advised that the Western Tidewater Free Clinic will be relocating to a new location on Meade Parkway. Council Member Barlow announced the upcoming Heritage Day, sponsored by the Southampton Agriculture and Forestry Museum/Heritage Village. Council Member Barlow reported on the recent North Atlantic Treaty Organization Allied Change of Command Ceremony. Council Member Bennett advised that there is flooding in the Dayle Acres and in the Hollywood areas due to clogged ditches. Council Member Bennett expressed his congratulations to Albert Oparaji, a resident who was recently promoted to the rank of E-7 in the United States Navy. Council Member Parr commented on the recent Taste of Suffolk Celebration and the 35th anniversary of the merger of the City of Suffolk. Council Member Gardy commented on the Taste of Suffolk Celebration. Council Member Brown opined about the Taste of Suffolk Celebration and asked City Manager Cuffee-Glenn to consider the feasibility of extending the hours of the event into the evening. 6 City Council Regular Meeting September 16, 2009 Council Member Brown reported that a ditch on South Division Street in need of cleaning. Vice Mayor Milteer commented on the recent QVC Carrier Conference Dinner. Vice Mayor Milteer advised that there are potholes on Adams Swamp Road, off of Whaleyville Boulevard. Mayor Johnson asked City Manager Cuffee-Glenn to arrange for registration for recycling service at the Mutt Strut. Mayor Johnson reported recent North Atlantic Treaty Organization Allied Change of Command Ceremony, the Suffolk Women’s Club’s 90th Anniversary Celebration, and the Magnolia Methodist Church’s 125th Anniversary Celebration. Mayor Johnson advised that the East Suffolk Alumni Association has requested a memorabilia case in the East Suffolk Recreation Center. ADJOURNMENT Council Member Parr, on a motion seconded by Council Member Barclay, 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 8:10 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 7, 2009 7