City Council Meeting Agendas

City Council Regular Meeting December 16, 2009 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, December 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 December 16, 2009, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Gardy, 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 DECEMBER 16, 2009, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 16, 2009 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Bennett, moved to approve the minutes from the November 18, 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 - Presentation of the Fiscal Year 2009 Comprehensive Annual Financial Report Finance Director Dale Walker introduced Davis Hughes, Robinson, Farmer and Cox Associates, the City’s auditors. Referring to the distributed document, Mr. Hughes reviewed 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. Council Member Barlow called for a separate vote on Consent Agenda Item #7 - an ordinance approving a reassignment for a position in the Commonwealth’s Attorney’s Office. Council Member Gardy asked for a separate vote on Consent Agenda Item # 11 - request for a one year extension of Conditional Use Permit Request C10-05, submitted by GLO Community Development Incorporated, applicant, on behalf of Eton Properties, Inc., property owner, to extend the expiration date of C10-05, which was approved on August 17, 2005, to permit the operation of a retirement home for individuals 62 years of age and older in accordance with Sections 31-306, 31-406 and 31-713 of the Unified Development Ordinance Hearing no additional 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. Vice Mayor Milteer, on a motion seconded by Council Member Parr, moved to approve the moved to remove Consent Agenda Items #7 and #11 from the Consent Agenda for separate votes 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 December 16, 2009 CONSENT AGENDA The following items were included on the Consent Agenda for City Council’s consideration: Consent Agenda Item #8 - A resolution to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Airport Runway Safety Area project Consent Agenda Item #9 - A resolution declaring and rescinding a local emergency Consent Agenda Item #10 - An ordinance amending Chapter 2, Article III, of the Code of the City of Suffolk establishing Standing Committees: Finance; Public Safety; Education; Health and Human Relations; Economic Development; and Land Use, Housing and Transportation and repealing Section 2-589 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 Consent Agenda Item #7 - An ordinance approving a reassignment for a position in the Commonwealth’s Attorney’s Office Deputy Commonwealth’s Attorney James Wiser reviewed the background information as printed in the official agenda. Referring to the presentation, Council Member Barlow queried about the need for the change in the classification. Mr. Wiser reported that the current position, Community Outreach Coordinator, is a grade 19 and proposed position, Community Outreach Manager, would be a grade 27. He explained that the position would now require supervisory duties, therefore, merits an upgrade. Council Member Barlow, on a motion seconded by Council Member Bennett, moved to deny Consent Agenda Item # 7, by the following roll call vote: AYES: Council Members Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: Council Member Barclay 1 Consent Agenda Item #11 - Request for a one year extension of Conditional Use Permit Request C10-05, submitted by GLO Community Development Incorporated, applicant, on behalf of Eton Properties, Inc., property owner, to extend the expiration date of C10-05, which was approved on August 17, 2005, to permit the operation of a retirement home for individuals 62 years of age and older in accordance with Sections 31-306, 31-406 and 31-713 of the Unified Development Ordinance Council Member Gardy opined about continuing consideration of Consent Agenda Item #11 to the January 6, 2010, City Council meeting in order for the applicant to present information on the project. 3 City Council Regular Meeting December 16, 2009 Council Member Gardy, on a motion seconded by Vice Mayor Milteer, moved to continue consideration of Consent Agenda Item # 11 to the January 6, 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 HEARINGS Public Hearing - A resolution approving and adopting amended and restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia City Attorney Roettger provided a synopsis of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Bennett, moved to approve the resolution, as presented. Hearing no speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Bennett, 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 AND ADOPTING AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA Public Hearing - An ordinance granting a Conditional Use Permit Request, C2-02A, submitted by Bishop C. V. Russell on behalf of Union Baptist Church, property owner, to amend the conditions of a previously approved large religious assembly and child day care center Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills submitted a report on the background information as printed in the official agenda. William Verebley, 2200 Dunbarton Drive, Chesapeake, Virginia, agent, representing Bishop C.V. Russell on behalf of Union Baptist Church, property owner, spoke in support of the proposed ordinance. Hearing no other speakers, the public hearing was closed. 4 City Council Regular Meeting December 16, 2009 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 GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR A LARGE RELIGIOUS ASSEMBLY AND CHILD DAY CARE CENTER ON PROPERTY LOCATED AT 5132 NANSEMOND PARKWAY, TAX MAP NUMBER 20B, PARCELS 5, 6A, AND 6D, C02A-02 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution - A resolution to authorize the transfer of unspent School Capital Funds for School HVAC Equipment Upgrades and to appropriate unspent Fiscal Year 2009 School Operating Funds for School Capital Hazardous Materials Testing and Abatement Finance Director Walker gave a summary of the background information as printed in the official agenda. Council Member Bennett, 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 AUTHORIZE THE TRANSFER OF UNSPENT SCHOOL CAPITAL FUNDS FOR SCHOOL HVAC EQUIPMENT UPGRADES AND TO APPROPRIATE UNSPENT FISCAL YEAR 2009 SCHOOL OPERATING FUNDS FOR SCHOOL CAPITAL HAZARDOUS MATERIALS TESTING AND ABATEMENT STAFF REPORTS There were no items under this portion of the agenda. 5 City Council Regular Meeting December 16, 2009 MOTIONS Motion - A motion to schedule a Joint Work Session with City Council and the School Board for January 6, 2010, at 3:00 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 January 6, 2010, at 3:00 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 Tim Holland, 3665 Deerfield Drive, representing the Hobson Civic League, offered introductory remarks and information about the newly formed Hobson Civic League. 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: Fine Arts Commission – Carolyn Colbert Champ and Western Tidewater Community Services Board – Margaret W. Jones. Council Member Bennett, 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 ANNOUNCEMENTS AND COMMENTS Council Member Barclay reported on the recent launch of the region’s strategic plan for the modeling and simulation industry as the Virginia Modeling, Analysis and Simulation Center. Council Member Barlow announced he attended the Hampton Roads Chamber of Commerce 25th Annual Meeting of the Membership. Council Member Bennett reported that he attended the Hampton Roads Chamber of Commerce 25th Annual Meeting of the Membership and a meeting of the Suffolk Redevelopment and Housing Authority. Council Member Parr advised that the Suffolk Clean Communities Commission is sponsoring a Recycling Day event. 6 City Council Regular Meeting December 16, 2009 Vice Mayor Milteer reported on a recent meeting of the Suffolk Foundation. Vice Mayor Milteer advised that there is standing water at the 1600 and 1700 blocks of Airport Road. Mayor Johnson opined about a recent presentation to a civics class at John F. Kennedy Middle School. Mayor Johnson reported on a recent meeting with Senator Mark Warner. 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 7:45 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JANUARY 20, 2010 7