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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · November 18, 2009

AgendaMinutes

Minutes

City Council Regular Meeting November 18, 2009 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, November 18, 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 November 18, 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 NOVEMBER 18, 2009, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 18, 2009 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the October 21, 2009, Work Session and Regular Meeting, and the October 29, 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 PRESENTATIONS There were no items under this portion of the 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. 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 #11 - a resolution declaring and rescinding a local emergency. Council Member Gardy, on a motion seconded by Council Member Bennett, moved to add the aforementioned item as Consent Agenda Item #11: a resolution declaring and rescinding a local emergency, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Council Member Brown called for an explanation of Consent Agenda Item # 11 - a resolution declaring and rescinding a local emergency. Mayor Johnson explained that information will be provided under the Consent Agenda portion of tonight’s proceedings. 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. Vice Mayor Milteer, on a motion seconded by Council Member Gardy, moved to approve the agenda in its entirety, as amended, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 2 City Council Regular Meeting November 18, 2009 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 AUTHORIZING THE CITY MANAGER TO EXECUTE THE REGIONAL GROUNDWATER MITIGATION PROGRAM ADMINISTRATION MEMORANDUM OF AGREEMENT 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 TO ACCEPT AND APPROPRIATE FUNDS FOR THE CITY OF SUFFOLK LITTER PREVENTION AND RECYCLING PROGRAM Consent Agenda Item #10 - A RESOLUTION TO ACCEPT AND APPROPRIATE A STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE Consent Agenda Item #11- A RESOLUTION DECLARING AND RESCINDING A LOCAL EMERGENCY Council Member Brown called for an explanation of Consent Agenda Item # 11 - a resolution declaring and rescinding a local emergency. Referring to Consent Agenda Item #11, City Manager Cuffee-Glenn offered a summation of the background information as provided in the distributed handout. Council Member Gardy sought a report on Consent Agenda Item #8 - a resolution to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund. Referring to Consent Agenda Item #8, Clerk of Circuit Court W. Randolph Carter gave a summary 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 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 3 City Council Regular Meeting November 18, 2009 PUBLIC HEARINGS Public Hearing - An ordinance granting a Conditional Use Permit Request C09-09, submitted by Charles P. and Deborah K. Biesecker, property owners, for an accessory dwelling unit in accordance with Section 31-306, 31-406, and 31-701(b)(13) and (15) of the Unified Development Ordinance 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. Deborah K. Biesecker, 473 Milford Lane, property owner, representing self, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Parr, 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 GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED ACCESSORY DWELLING UNIT (MANUFACTURED HOME) TO CARE FOR ELDERLY AND MEDICALLY DISABLED MEMBERS OF THE FAMILY AT PROPERTY LOCATED AT 473 MILFORD LANE FURTHER IDENTIFIED AS TAX MAP NUMBER 31, PARCEL 24*2, C09-09 Public Hearing - An ordinance granting a Conditional Use Permit C08-09, submitted by Tyrone Burks of Triple T Sports Center, applicant, on behalf of 1st Extended Service Corporation of Virginia, Inc., property owner, to permit a day care, child day care center in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a report on the background information as printed in the official agenda. Tyrone Burks, 2074 Nansemond Parkway, T Sports Center, applicant, on behalf of 1st Extended Service Corporation of Virginia, Inc., spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Bennett, 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 4 City Council Regular Meeting November 18, 2009 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DAY CARE, CHILD DAY CARE CENTER LOCATED AT 619 EAST CONSTANCE ROAD, TAX MAP NUMBER 35D, PARCEL A*PTS44*45, C08-09 Public Hearing - An ordinance granting a Conditional Use Permit Request C06-09, submitted by Dr. Lawrence Michael Peck and Melina Winterton, property owners, to permit an outdoor recreation (generally) facility in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance. The affected property is located at 2207 White Marsh Road and is further identified as Tax Map 45, Parcel 23*1, Cypress Voting Borough, zoned A, Agricultural Zoning District Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a summation on the background information as printed in the official agenda. Melina Winteron, 2207 White Marsh Road, property owner, spoke in support of the ordinance as presented. Dr. Lawrence Michael Peck, 2207 White Marsh Road, property owner, was also present. Pat Gammon, 2233 White Marsh Road, representing self, spoke in support of the ordinance. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Parr inquired about the pump out schedule for the proposed vault-privy. Planning and Community Development Director Mills advised that the pump out schedule would be determined by the Health Department. Referring to the presentation, Council Member Parr called for an explanation about the construction of a vault-privy. Planning and Community Development Director Mills reported that it would be an enclosed area with a holding tank underneath. Ms. Winteron added that a vault-privy is similar to an outhouse, but the tank is made of impermeable material and it is pumped out according to the schedule established by the Health Department. Referring to the presentation, Council Member Parr sought clarification about the availability of water on the premises. Ms. Winteron stated that the Health Department does not require potable water on site, but they require the installation of hand sanitizer dispensers. Referring to the presentation, Council Member Parr queried about the availability of drinking water along the trails of the proposed facility. Ms. Winteron replied that no drinking water will be furnished on the trails of the proposed facility and visitors would be instructed to bring their own drinking water. Referring to the presentation, Council Member Par asked about the provision of meals on site. Ms. Winteron explained that no food would be prepared on site, and the only meals offered would be boxed lunches made off the premises. Referring to the presentation, Mayor Johnson opined about the operation of a vault-privy. Public Utilities Director Albert Moor said the property owner would need to enter into a pump and haul agreement with the City, and he was not aware of any request of that nature being made to date. Referring to the presentation, Mayor Johnson solicited an explanation about the pump and haul agreement. Public Utilities Director Moor reported that the property owner would enter into a pump and haul agreement with the City and then the City would apply with the Health Department. 5 City Council Regular Meeting November 18, 2009 Referring to the presentation, Council Member Parr inquired about the need to comply with the City’s regulations as they relate to spillage. Public Utilities Director Moor stated that the property owners would need to comply with the City’s regulations as it relates to spillage. Referring to the presentation, Council Member Parr sought clarification about the application of septic tank regulations as it relates to the proposed vault-privy. Public Utilities Director Moor indicated that the proposed vault-privy does not fall under the septic tank regulations. Planning and Community Development Director Mills added that it is within the right of City Council to add any conditions regarding waste facilities as deemed appropriate. Council Member Brown, on a motion seconded by Council Member Gardy, moved to continue consideration of Conditional Use Permit Request C06-09 to the January 20, 2010, City Council meeting, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Public Hearing - An ordinance granting an Ordinance Text Amendment, OA4-09, to amend Article 6, Design Standards, Section 31-611, Stormwater Runoff, of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a report on the background information as printed in the official agenda. Referring to the distributed handout, he added that there was an amendment to the proposed ordinance after the agenda materials were distributed. Hearing no speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, as amended, 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 AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING ARTICLE 6, SECTION 31-611, STORMWATER RUNOFF AND APPENDIX A, DEFINITIONS 6 City Council Regular Meeting November 18, 2009 Public Hearing - An ordinance granting Subdivision Variance Request V3-09, submitted by Jarrad Saunders, property owner, requesting a variance from Section 31-514(b)(3) of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a synopsis of the background information as printed in the official agenda. Johnny Saunders, no address given, representing Jarrad Saunders, property owner, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Milteer requested information about the applicant’s compliance with the hardship requirements as outlined in the Unified Development Ordinance. Planning and Community Development Director Mills replied that the applicant meets the hardship requirements required for a variance. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Barclay asked if the easement for access to the roadway is perpetual? Planning and Community Development Director Mills replied in the affirmative. Referring to the presentation, Council Member Barclay opined about the creation of a non-conforming lot. Planning and Community Development Director Mills explained that family transfers allow for the creation of non-confirming lots. Referring to the presentation, Council Member Bennett asked if the home was being sold as a result of a qualifying hardship under the City’s family transfer ordinance. Planning and Community Development Director Mills replied in the affirmative. 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 GRANTING A VARIANCE FROM REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE FOR PROPERTY LOCATED AT 3727 INDIAN TRAIL, FURTHER IDENTIFIED AS TAX MAP NUMBER 32, PARCEL 7A*2*A, V3-09 7 City Council Regular Meeting November 18, 2009 ORDINANCES Ordinance - An ordinance amending Chapter 70 of the Code of the City of Suffolk pertaining to a bulk refuse pickup fee Public Works Director Nielsen offered a summary 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 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 CHAPTER 70 OF THE CODE OF THE CITY OF SUFFOLK PERTAINING TO A BULK REFUSE PICKUP FEE Ordinance - An ordinance amending Chapter 86 of the Code of the City of Suffolk to provide for the regulation of special permits for oversize and overweight vehicle movement on City maintained roadways Public Works Director Nielsen submitted a report on the background information as printed in the official agenda. Referring to the presentation, Council Member Gardy queried about the location to apply for the oversize and overweight vehicle permit applications. Public Works Director Nielsen stated that the applications for the permits would be available in the Public Works facility on Carolina Road and on the City’s website. Referring to the presentation, Council Member Parr opined about the revenue possibilities resulting from the permitting for oversize and overweight vehicles. City Manager Cuffee-Glenn said that the revenues from the permitting process could allow for funding of transportation projects. 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 CHAPTER 86 OF THE CODE OF THE CITY OF SUFFOLK TO PROVIDE FOR THE REGULATION OF SPECIAL PERMITS FOR OVERSIZE AND OVERWEIGHT VEHICLE MOVEMENT ON CITY MAINTAINED ROADWAYS 8 City Council Regular Meeting November 18, 2009 Ordinance - An ordinance amending the adopted Fiscal Year 2009-2010 Fee Schedule for the City of Suffolk to provide for permit fees for oversize and overweight vehicles and to eliminate the bulk refuse fee for eight cubic yards or less Public Works Director Nielsen gave a summation on the background information as printed in the official agenda. Referring to the presentation, Council Member Gardy sought clarification about the proposed bulk refuse program. Public Works Director Nielsen advised that effective immediately, the City will remove up to eight cubic yards of bulk refuse from each residence 12 times per calendar year at no cost. Referring to the presentation, Council Member Barclay asked about the origin of the permits for oversized and overweight vehicles. Public Works Director Nielsen reported that effective January 1, 2010, the Roadway Division of the Department of Public Works will assume the responsibility of issuing these permits and collecting the required fees as the Department of Motor Vehicle will discontinue this practice. Referring to the presentation, Council Member Brown queried about the details of the proposed bulk refuse program. Public Works Director Nielsen indicated that the under the proposed program the City will remove up to eight cubic yards of bulk refuse from each residence 12 times per calendar year at no cost. Referring to the presentation, Council Member Brown inquired about the community clean up aspect of the proposed bulk refuse program. Public Works Director Nielsen explained that community clean ups would not be included in this aspect of the program. Referring to the presentation, Council Member Brown called for information regarding any fee for the removal of more than eight cubic yards of bulk refuse. Public Works Director Nielsen stated there is a $50 fee for removal of bulk refuse between nine and 16 cubic yards. 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 ADOPTED FISCAL YEAR 2009-2010 FEE SCHEDULE FOR THE CITY OF SUFFOLK TO PROVIDE FOR PERMIT FEES FOR OVERSIZE AND OVERWEIGHT VEHICLES AND TO ELIMINATE THE BULK REFUSE FEE FOR EIGHT CUBIC YARDS OR LESS 9 City Council Regular Meeting November 18, 2009 RESOLUTIONS Resolution - A resolution adopting the 2010 Legislative Agenda for the City of Suffolk Utilizing a PowerPoint presentation, Chief of Staff Sherry Hunt offered a review of the background information as printed in the official agenda. Council Member Parr, 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 ADOPTING THE 2010 LEGISLATIVE AGENDA FOR THE CITY OF SUFFOLK STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a Work Session for December 2, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Parr, on motion seconded by Council Member Gardy, moved to schedule a Work Session on December 2, 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: Suffolk Clean Community Commission Keep Suffolk Beautiful Executive Board – George Barnett, Hugh Cross, and Margaret LaRocca, and Craney Island Commission – James Blair. 10 City Council Regular Meeting November 18, 2009 Council Member Parr, on a motion seconded by Council Member Gardy, 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 City Clerk Dawley presented the following item for City Council’s consideration: a motion to schedule a public hearing at the January 20, 2010, City Council meeting to receive public comment regarding the proposed street name changes on Townpoint Road and College Drive. Vice Mayor Milteer, on a motion seconded by Council Member Gardy, moved to schedule a public hearing at the January 20, 2010, City Council meeting to receive public comment regarding the proposed street name changes on Townpoint Road and College Drive, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Council Member Barclay requested a report on the Obici House Request for Proposal process and status. Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts provided a summary of the aforementioned item. Referring to the presentation, Council Member Parr queried about the City’s compliance with all State procurement laws. Deputy City Manager Roberts stated that the City complied with all State procurement laws as it relates to the Obici House Request for Proposal process. Referring to the presentation, Council Member Parr opined about the public record status of the letter notifying one of the offerors who submitted a proposal for the Obici House that their proposal was not accepted. Deputy City Manager Roberts said that the aforementioned letter is a matter of public record as it has been provided to the local governing body. Referring to the presentation, Mayor Johnson called for an explanation about City Council’s role in the Obici House Request for Proposal process. Deputy City Manager Roberts stated that City staff takes the administrative responsibility in any Request for Proposal process and City Council is not involved in this process. Council Member Gardy gave a report on a recent meeting of the Southeastern Public Service Authority Board of Directors and their rejection of bids from ReEnergy Holdings and Wheelabrator Technologies to purchase all of the Authority’s equipment, facilities and operations. He also announced that the Authority has asked each of its member localities to submit a letter to the Department of Housing and Community Development in support of their request for $100,000,000 of the “volume cap” allocated by Governor Timothy Kaine. Referring to the announcement, Council Member Parr asked if City Council needed to take action tonight on the aforementioned letter. Council Member Gardy read a copy of the draft letter as presented by the Southeastern Public Service Authority. 11 City Council Regular Meeting November 18, 2009 Council Member Gardy, on a motion seconded by Council Member Bennett, moved to approve a request from the Southeastern Public Service Authority Board of Directors for a letter of support from Mayor Johnson to the Department of Housing and Community Development in support of their request for $100,000,000 of the “volume cap” allocated by Governor Timothy Kaine, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Council Member Parr called for a joint work session with the School Board to discuss the Capital Improvement Plan. ANNOUNCEMENTS AND COMMENTS Media and Community Relations Director Deborah George provided the following announcements: Police Department Pinning Ceremony, November 19, 2009; Farmers Bank Ribbon Cutting, November 20, 2009; Parks and Recreation Department Annual Holiday Illumination Ceremony, November 20, 2009; and Parks and Recreation Department First Annual Holiday Film at Bennett’s Creek Park, November 21, 2009. Council Member Bennett reported on the recent NAACP Youth Summit at Saint Timothy Baptist Church. Council Member Bennett called for a status report on the establishment of quiet zones in the Olde Mill Creek and Suffolk Meadows subdivisions. Council Member Bennett advised that the Suffolk Redevelopment and Housing Authority successfully completed the Section Eight Management Assessment as prescribed by the Department of Housing and Urban Development. Council Member Parr acknowledged the new owners of the Main Street Coffee House. Council Member Parr reported a recent donation to the Salvation Army for a new Physical Education Center. Council Member Gardy congratulated the Suffolk Redevelopment and Housing Authority for its successful completion of the Section Eight Management Assessment. Council Member Brown announced an upcoming meeting for residents of the White Marsh Road area about possible mixed use development in the community. Vice Mayor Milteer advised that residents of the Rosewood are experiencing low water pressure. Mayor Johnson reported on a recent meeting with representatives from Cobham Composite Products. 12 City Council Regular Meeting November 18, 2009 Mayor Johnson commented on the upcoming Parks and Recreation Department Annual Holiday Illumination Ceremony, the Thanksgiving Turkey Giveaway sponsored by Mr. LeOtis Williams, and the South Hampton Roads Annual Leadership Prayer Breakfast. 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: DECEMBER 16, 2009 13

Agenda

SUFFOLK CITY COUNCIL AGENDA November 18, 2009 7:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation No City Council action required. 3. Approval of the Minutes Approved 8-0 4. Special Presentations No City Council action required. 5. Removal of Items from the Consent Agenda and Adoption of the Agenda A motion to amend the agenda to add a resolution declaring and rescinding a local emergency and adopt the remainder of the Agenda in its entirety was approved by a vote of 8-0. 6. Agenda Speakers No City Council action required. 7. Consent Agenda - A resolution authorizing the City Manager to execute the Regional Groundwater Mitigation Program Administration Memorandum of Agreement Approved 8-0 8. Consent Agenda - A resolution to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund Approved 8-0 9. Consent Agenda - A resolution to accept and appropriate funds for the City of Suffolk Litter Prevention and Recycling Program Approved 8-0 10. Consent Agenda - A resolution to accept and appropriate a State Criminal Alien Assistance Program (SCAAP) grant award from the United States Department of Justice Approved 8-0 11. Consent Agenda - A resolution declaring and rescinding a local emergency Approved 8-0 12. Public Hearing - An ordinance granting a Conditional Use Permit Request C09-09, submitted by Charles P. and Deborah K. Biesecker, property owners, for an accessory dwelling unit in accordance with Section 31-306, 31-406, and 31-701(b)(13) and (15) of the Unified Development Ordinance Approved 8-0 13. Public Hearing - An ordinance granting a Conditional Use Permit C08-09, submitted by Tyrone Burks of Triple T Sports Center, applicant, on behalf of 1st Extended Service Corporation of Virginia, Inc., property owner, to permit a day care, child day care center in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Approved 8-0 14. Public Hearing - An ordinance granting a Conditional Use Permit Request C06-09, submitted by Dr. Lawrence Michael Peck and Melina Winterton, property owners, to permit an outdoor recreation (generally) facility in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance. The affected property is located at 2207 White Marsh Road and is further identified as Tax Map 45, Parcel 23*1, Cypress Voting Borough, zoned A, Agricultural Zoning District A motion to continue consideration of Conditional Use Permit Request C06-09 to the January 20, 2010, City Council meeting was approved by a vote of 8-0. 15. Public Hearing - An ordinance granting an Ordinance Text Amendment, OA4-09, to amend Article 6, Design Standards, Section 31-611, Stormwater Runoff, of the Unified Development Ordinance Approved 8-0 16. Public Hearing - An ordinance granting Subdivision Variance Request V3-09, submitted by Jarrad Saunders, property owner, requesting a variance from Section 31-514(b)(3) of the Unified Development Ordinance Approved 8-0 17. Ordinance - An ordinance amending Chapter 70 of the Code of the City of Suffolk pertaining to a bulk refuse pickup fee Approved 8-0 18. Ordinance - An ordinance amending Chapter 86 of the Code of the City of Suffolk to provide for the regulation of special permits for oversize and overweight vehicle movement on City maintained roadways Approved 8-0 19. Ordinance - An ordinance amending the adopted Fiscal Year 2009-2010 Fee Schedule for the City of Suffolk to provide for permit fees for oversize and overweight vehicles and to eliminate the bulk refuse fee for eight cubic yards or less Approved 8-0 2 20. Resolution - A resolution adopting the 2010 Legislative Agenda for the City of Suffolk Approved 8-0 21. Staff Reports No City Council action required. 22. Motion - A motion to schedule a Work Session for December 2, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor Approved 8-0 23. Non-Agenda Speakers No City Council action required. 24. New Business A motion to nominate and appoint the following individuals to the respective boards and commissions was approved 8-0: Craney Island Commission – James Blair Suffolk Clean Community Commission Keep Suffolk Beautiful Executive Board – George Barnett, Hugh Cross, and Margaret LaRocca A motion to schedule a public hearing for the January 20, 2010 City Council meeting regarding proposed street name changes on Town Point Road was approved by a vote of 8-0. A motion to authorize Mayor Johnson to submit a letter to the Department to Housing and Community Development on behalf of the Southeastern Public Service Authority was approved by a vote of 8-0. 25. Announcements and Comments No City Council action required. 26. Adjournment Approved 8-0 3

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