City Council Meeting Agendas

City Council Regular Meeting October 21, 2009 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, October 21, 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 Boy Scout Troop 5, Murphy’s Mill Cabin, and Scout Leader Bill Banker led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of October 21, 2009, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Parr, 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 OCTOBER 21, 2009, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting October 21, 2009 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the minutes from the September 23-25, 2009, Special 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 PRESENTATION Special Presentation - Financial Update and Bond Rating Agency Report Utilizing a PowerPoint presentation, David Rose, Davenport and Company, the City’s financial advisors, submitted a report on the above referenced item. Referring to the presentation, Council Member Barlow called for comments regarding the anticipated State funding reductions as it relates to retirement funds for Fiscal Year 2010-2011. Mr. Rose replied that he was not aware of any pending impact from reduced State funding as it relates to retirement funds. Referring to the presentation, Council Member Bennett opined about the feasibility of the City garnering a “triple A” bond rating in two years, should City Council approve the recommendation to amend the Undesigned Fund Balance Policy from 10% to 15%. Mr. Rose advised that it would take more than two years to earn that rating, even with the approval of the new policy. 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 also advised that there was an additional item for consideration. City Manager Cuffee-Glenn presented the following item for addition to the agenda as Consent Agenda Item #15 - a resolution to accept and appropriate American Recovery and Reinvestment Act funds from Opportunity Inc. of Hampton Roads for the extension of the City of Suffolk’s 2009 Summer Youth Work Experience Program. Council Member Gardy, on a motion seconded by Council Member Bennett, moved to add the aforementioned item as Consent Agenda Item #15: a resolution to accept and appropriate American Recovery and Reinvestment Act funds from Opportunity Inc. of Hampton Roads for the extension of the City of Suffolk’s 2009 Summer Youth Work Experience Program, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Hearing no requests to remove any items for a separate action, Mayor Johnson advised that a motion was in order to adopt the agenda in its entirety. 2 City Council Regular Meeting October 21, 2009 Council Member Parr, on a motion seconded by Vice Mayor Milteer, moved to approve 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 Council Member Bennett called for presentations on Consent Agenda Items #10 and #15 - a resolution to accept and appropriate an American Recovery and Reinvestment Act Port Security grant from the United States Department of Homeland Security and a resolution to accept and appropriate American Recovery and Reinvestment Act funds from Opportunity Inc. of Hampton Roads for the extension of the City of Suffolk’s 2009 Summer Youth Work Experience Program, respectively. AGENDA SPEAKERS Rev. T. Floyd Irby, 1548 C Holland Road, President, Genieve Shelter Board of Directors, spoke about Consent Agenda Item #13 - a resolution to appropriate funds from the General Unappropriated Fund Balance for Fiscal Year 2010 service enhancements and one time salary supplements. Rev. Irby asked for funding for the Genieve Shelter. 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 A BULLETPROOF VEST PARTNERSHIP GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA TECHNOLOGY TRUST FUND Consent Agenda Item #9 - A RESOLUTION AUTHORIZING THE TRANSFER OF UNENCUMBERED FUNDS FROM THE HILLPOINT ELEMENTARY SCHOOL CONSTRUCTION PROJECT TO HVAC EQUIPMENT UPGRADES IN VARIOUS SCHOOL FACILITIES Consent Agenda Item # 10 - A RESOLUTION TO ACCEPT AND APPROPRIATE AN AMERICAN RECOVERY AND REINVESTMENT ACT PORT SECURITY GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY Consent Agenda Item #11 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY SERVICE AGREEMENT WITH THE CITY OF CHESAPEAKE TO PROVIDE UTILITY SERVICES TO 5236 WINERY DRIVE IN THE PUGHSVILLE CROSSING PHASE II DEVELOPMENT Consent Agenda Item #12 - A RESOLUTION TO ACCEPT AND APPROPRIATE AN AMERICAN RECOVERY AND REINVESTMENT ACT ENERGY EFFICIENCY CONSERVATION BLOCK GRANT FROM THE UNITED STATES DEPARTMENT OF ENERGY 3 City Council Regular Meeting October 21, 2009 Consent Agenda Item #13 - A RESOLUTION TO APPROPRIATE FUNDS FROM THE GENERAL UNAPPROPRIATED FUND BALANCE FOR FISCAL YEAR 2010 SERVICE ENHANCEMENTS AND ONE TIME SALARY SUPPLEMENTS Consent Agenda Item #14 - A RESOLUTION TO AUTHORIZE THE TRANSFER OF CAPITAL FUNDS TO VARIOUS PROJECTS Consent Agenda Item # 15 - A RESOLUTION TO ACCEPT AND APPROPRIATE AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS FROM OPPORTUNITY, INC., OF HAMPTON ROADS FOR THE EXTENSION OF THE CITY OF SUFFOLK’S 2009 SUMMER YOUTH WORK EXPERIENCE PROGRAM (This item was added under the Removal of Items from the Consent Agenda and Adoption of the Agenda potion of the agenda.) Council Member Bennett asked for a synopsis of Consent Agenda Item #10 and #15 - a resolution to accept and appropriate an American Recovery and Reinvestment Act Port Security grant from the United States Department of Homeland Security and a resolution to accept and appropriate American Recovery and Reinvestment Act funds from Opportunity Inc. of Hampton Roads for the extension of the City of Suffolk’s 2009 Summer Youth Work Experience Program. Council Member Brown requested a summation of Consent Agenda Item #14 - a resolution to authorize the transfer of capital funds to various projects. Mayor Johnson called for an overview of Consent Agenda Item #13 - a resolution to appropriate funds from the General Unappropriated Fund Balance for Fiscal Year 2010 service enhancements and one time salary supplements. Council Member Barlow asked for a separate vote on Consent Agenda Item #13 - a resolution to appropriate funds from the General Unappropriated Fund Balance for Fiscal Year 2010 service enhancements and one time salary supplements. Referring to Consent Agenda Item #10, Police Chief Thomas Bennett supplied a review of the background information as printed in the official agenda. Referring to Consent Agenda Item #10, Council Member Bennett requested clarification about the need for a local cash match. Police Chief Bennett stated that no local cash match is required. Referring to Consent Agenda Item #11, Public Utilities Director Albert Moor outlined the background information as printed in the official agenda. Referring to Consent Agenda Item #13, Mayor Johnson advised Council Member Barlow that City Council already voted to adopt the agenda as presented and add Consent Agenda Item #15 as a part of the Consent Agenda; therefore, no separate votes can be taken on any items on the Consent Agenda. Referring to Consent Agenda Item #15, Parks and Recreation Director Lakita Frazier gave a summary of the background information as distributed. Referring to Consent Agenda Item #13, City Manager Cuffee-Glenn submitted a synopsis of the background information as printed in the official agenda. 4 City Council Regular Meeting October 21, 2009 Referring to Consent Agenda Item #14, City Manager Cuffee-Glenn provided a report on the background information as printed in the official agenda. Referring to Consent Agenda Item #14, Council Member Parr called for a review of the projects. Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen outlined the background information as printed in the official agenda. Budget Officer Anne Seward provided supplementary information. Referring to Consent Agenda Item #14, Mayor Johnson sought an explanation about the source of the funding. Budget Officer Anne Seward explained that the funding was a result of operational efficiencies. Referring to Consent Agenda Item #13, Council Member Bennett requested Public Works Director Nielsen give a report about the bulk refuse collection program utilizing a PowerPoint presentation. Council Member Parr, on a motion seconded by Council Member Gardy, 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 to authorize the conveyance of City-owned property located at 342 East Washington Street Utilizing a PowerPoint presentation, Interim Economic Development Director Kevin Hughes provided a synopsis 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 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 TO AUTHORIZE THE CONVEYANCE OF CITY-OWNED PROPERTY LOCATED AT 342 EAST WASHINGTON STREET Public Hearing - An ordinance granting a Rezoning Request RZ05-08 (Conditional), submitted by M. Paul Warner on behalf of Davis Boulevard, LLC and the City of Suffolk, property owners, for a change in zoning from RLM, Residential Low Medium Density and A, Agricultural Districts to RU, Residential Urban District (Conditional) on parcels totaling approximately 62.22 acres Planning and Community Development Director D. Scott Mills gave a summary of the background information as printed in the official agenda. 5 City Council Regular Meeting October 21, 2009 Whitney Saunders, Saunders and Ojeda, 705 West Washington Street, representing M. Paul Warner on behalf of Davis Boulevard, LLC, spoke in support of the proposed ordinance. Clarissa McAdoo, Executive Director, Suffolk Redevelopment and Housing Authority, 530 East Pinner Street, spoke in support of the proposed ordinance. William Goodman, President, East Suffolk Gardens Civic League, 511 Reed Court, spoke in opposition to the proposed ordinance. Eddie Hicks, 1017 Lake Kennedy Drive, representing self, spoke in opposition to the proposed ordinance. Clarissa McAdoo, Executive Director, Suffolk Redevelopment and Housing Authority, 530 East Pinner Street, spoke in support of the proposed ordinance. Whitney Saunders, Saunders and Ojada, 705 West Washington Street, representing M. Paul Warner on behalf of Davis Boulevard, LLC, spoke in support of the proposed ordinance. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Milteer queried about the number of homes that could be built on the property by right, without the rezoning. Mr. Saunders reported that 279 homes could be built on the property without the rezoning. Referring to the presentation, Vice Mayor Milteer called for an explanation of the connection between the Davis Boulevard project and the Parker Riddick/Cypress Manor Master Plan project. Ms. McAdoo responded that the Davis Boulevard project is part of the overall master plan. Referring to the presentation, Council Member Gardy sought information about the timeline for grant application for the Parker Riddick/Cypress Manor Master Plan. Ms. McAdoo explained that the grant deadline is November 17. Referring to the presentation, Council Member Brown asked about the proposed location for the homes. Mr. Saunders advised that the homes would be built parallel to Blythewood Lane and Davis Boulevard. Referring to the presentation, Council Member Brown called for City Administration to conduct a traffic study about the feasibility of redesigning the roads in the East Suffolk Gardens and Lake Kennedy subdivisions as the property under consideration for rezoning as the new houses in the area will result in increased traffic. Council Member Brown moved to approve the ordinance with conditions and to direct City Administration to develop road improvements for the areas of East Suffolk Gardens and Lake Kennedy. The motion died for lack of a second. Referring to the presentation, Council Member Barclay sought clarification about the proposed project’s ability to meet the City’s traffic level of service requirement as outlined in the Unified Development Ordinance. Planning and Community Development Director Mills stated that the proposed project meets the City’s traffic level of service requirements as outlined in the Unified Development Ordinance. 6 City Council Regular Meeting October 21, 2009 Referring to the presentation, Council Member Bennett queried about the legality of adding a condition to a rezoning ordinance that would require the developer to work with City Administration to resolve an issue, such as traffic concerns. Planning and Community Development Director Mills reported that City Council does not have the authority to make such an item a condition of the rezoning ordinance, however, City Administration can commit to working with the developers to resolve such an issue. Council Member Brown, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, 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 TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED ON DAVIS BOULEVARD, TAX MAP 35, PARCELS 168, 168C AND TAX MAP 35J PARCEL J+, RZ5-08 (CONDITIONAL) Council Member Brown, on a motion seconded by Council Member Bennett, moved to direct City Administration to work with the residents from the neighborhoods adjacent to the project, Suffolk Redevelopment and Housing Authority, and the developer to address the residents' concerns about traffic, 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 There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. 7 City Council Regular Meeting October 21, 2009 MOTION Motion - A motion to schedule a Work Session for November 4, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a Work Session on November 4, 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 advised City Council of the following boards and commission nominations: Clean Communities Commission - Amanda Rodgers; Craney Island Commission – William S. Magann, Jr.; Wetlands Board - Brad O’Berry and Ronald Dean Jordan (alternate). City Clerk Dawley also announced that the name of George Pfiel has been submitted for consideration by Governor Timothy Kaine for appointment to the Southeastern Public Service Authority Board of Directors. Council Member Gardy, on a motion seconded by Council Member Parr, moved to nominate and appoint the above referenced individuals to the various bodies, as presented, and to submit the name of George Pfeil to Governor Timothy Kaine for consideration for appointment to the Southeastern Public Service Authority Board of Directors, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Council Member Parr opined about the formation of an airport authority. Council Member Parr asked for the inclusion of an item regarding the transfer of development rights in the City’s upcoming Legislative Package. City Attorney Roettger reported that a draft ordinance will be forthcoming from the Virginia Municipal League/Virginia Association of Counties Committee. Mayor Johnson sought clarification about the City’s next steps as it relates to the matter of transfer of development rights. City Attorney Roettger said that the Virginia Municipal League/Virginia Association of Counties Committee will issue a draft ordinance for consideration by the General Assembly. 8 City Council Regular Meeting October 21, 2009 Mayor Johnson announced that Council Member Bennett may provide a report on the 2009 Virginia Municipal League Conference to City Council at a future time. Mayor Johnson sought information about the time line for the submission of the City’s Legislative Agenda to the General Assembly. City Manager Cuffee-Glenn stated that the agenda needs to be finalized by November, 2009. Vice Mayor Milteer queried about the need to schedule a meeting with the members of the City’s Legislative Delegation. City Manager Cuffee-Glenn advised that she would like the opportunity to present the Legislative Agenda to City Council prior to scheduling a meeting with the City’s Legislative Delegation. Council Member Barclay announced that the Hampton Roads Transportation Planning Organization is seeking applications for the Citizen Transportation Advisory Committee and that he will provide City Manager Cuffee-Glenn with a copy of the application for any citizen interested in being considered for appointment. Council Member Barlow reported on the Suffolk Youth Advisory Council Oath of Office Ceremony. Council Member Bennett asked City Clerk Dawley to forward all of the PowerPoint presentations from the 2009 Virginia Municipal League Conference to City Council and City Manager Cuffee-Glenn. Council Member Bennett congratulated Kevin Dodson on being named the City’s representative at the Hampton Roads Crime Line Top Cops Awards Ceremony. Council Member Gardy reported a manhole cover in need of repair on Main Street. Council Member Gardy asked for information about a new traffic signal on Okelly Drive. Council Member Parr expressed his appreciation to the Public Works Department. Council Member Parr congratulated the City on winning the first place award for its Peanut Fest tent. Council Member Parr thanked Hattie Lester, Chad Oxton and the Clean Community Commission for their work. Vice Mayor Milteer advised that he attended the ribbon cutting for the Triple T Sports Center. Vice Mayor Milteer called for funding in the Operating Budget for Fiscal Year 2010-2011 for automated refuse collection containers in the southern part of the City. 9 City Council Regular Meeting October 21, 2009 ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Parr, 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 9:44 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 18, 2009 10