City Council Meeting Agendas

City Council Regular Meeting January 6, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, January 6, 2010, 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 was lead by Hayden Champigny, Boy Scout Troop 16 Driver; Garrison Champigny, Cub Scout Pack 89, Den 1; and Brian Champigny, Assistant Scoutmaster. FREEDOM OF INFORMATION ACT CERTIFICATION There was no Closed Meeting; therefore, the certification was not needed. APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Bennett, moved to approve the minutes from the December 2, 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 There were no items under this portion of the agenda. 1 City Council Regular Meeting January 6, 2010 REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson announced that there were no items on the Consent Agenda. She explained that a motion would be in order to adopt the remainder of the agenda. Council Member Parr, on a motion seconded by Council Member Gardy, 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 AGENDA SPEAKERS There were no individuals registered to speak under this portion of the agenda. CONSENT AGENDA There are no items under this portion of the agenda. PUBLIC HEARINGS There are no items under this portion of the agenda. ORDINANCES Ordinance - An ordinance requesting a one year extension of Conditional Use Permit Request C10-05, submitted by GLO Community Development Incorporated, applicant, on behalf of Eton Properties, Incorporated, 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. (This item was continued from the December 16, 2009, City Council meeting.) Planning and Community Development Director D. Scott Mills introduced Pastor Willie Royster, applicant, 143 South Saratoga Street, representing GLO Community Development, Incorporated, Pastor Royster introduced Virgil Daughtrey, Eton Properties Incorporated, who is partnering with his agency on this project. Utilizing a PowerPoint presentation, Mr. Daughtrey supplied a summary of the background information as printed in the official agenda. Referring to the presentation, Council Member Gardy called for an estimated start date for the project. Mr. Daughtrey replied that he anticipated starting construction in twelve months. Referring to the presentation, Council Member Gardy inquired about the expiration date for the proposed ordinance. Planning and Community Development Director Mills stated that the ordinance grants an extension of the conditional use permit until December 31, 2010. 2 City Council Regular Meeting January 6, 2010 Referring to the presentation, Council Member Gardy asked about the feasibility of extending the validity of the conditional use permit until January 30, 2011. Planning and Community Development Director Mills reported that from the City’s standpoint, that was feasible. He added that the City would need to consult with the applicant. Mr. Daughtrey said that he was in agreement with the proposed expiration date of January 30, 2011. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, with the following amendment: the Conditional Use Permit authorized by this permit shall be implemented by January 30, 2011, 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 EXTENSION OF CONDITIONAL USE PERMIT C10-05, FOR AN AGE-RESTRICTED MULTI-FAMILY DEVELOPMENT AT PROPERTY LOCATED ON KINGS FORK ROAD, TAX MAP 25, PARCEL 18A AS AMENDED Ordinance - An ordinance adding Section 46-3 to the Suffolk City Code for the establishment of an auxiliary police force Police Chief Thomas Bennett submitted a report on the background information as printed in the official agenda. Council Member Bennett, on a motion seconded by Council Member Gardy, moved to approve 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 ADDING SECTION 46-3 TO THE SUFFOLK CITY CODE FOR THE ESTABLISHMENT OF AN AUXILIARY POLICE FORCE Ordinance - An ordinance amending the Suffolk City Code to regulate noise Utilizing a PowerPoint presentation, Police Chief Bennett offered a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Bennett asked about the inclusion of any provisions in the proposed ordinance that would prohibit train whistles. Police Chief Bennett explained that the proposed ordinance prohibits the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property, except as a warning of danger. Referring to the presentation, Council Member Bennett opined about the ability to enforce loud music coming from motor vehicles. Police Chief Bennett advised that an officer would need to be present at the time of the violation in order to address that matter. 3 City Council Regular Meeting January 6, 2010 Council Member Gardy, on a motion seconded by Council Member Brown, moved to approve 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 SUFFOLK CITY CODE TO REGULATE NOISE RESOLUTIONS Resolution - A resolution adopting the amended financial policies for the City of Suffolk Utilizing a PowerPoint presentation, Finance Director Dale Walker gave a summary of the background information as printed in the official agenda. Referring to the presentation, Vice Mayor Milteer opined about the State’s requirement for debt service ratio. Finance Director Walker replied that the State requires localities to maintain net revenues 1.1 times the annual debt requirements. Referring to the presentation, Council Member Gardy asked if the proposed resolution makes the City’s financial policies more fiscally conservative. Finance Director Walker said that the proposed resolution recommends more financially conservative policies. Council Member Gardy, on a motion seconded by Vice Mayor Milteer, 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 AMENDED FINANCIAL POLICIES FOR THE CITY OF SUFFOLK STAFF REPORTS Staff Report - The First Quarter 2009 Financial Report Finance Director Walker provided a summary of the background information as printed in the official agenda. Referring to the presentation, Council Member Barclay asked whether the City’s financial picture agrees with projections made by staff earlier in the year. Finance Director Walker advised that the data from the first quarter corresponds to the earlier estimates. 4 City Council Regular Meeting January 6, 2010 Staff Report - Update regarding unsolicited proposals for the Obici House Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts gave an overview of the above referenced item. Referring to the presentation, Vice Mayor Milteer queried about the feasibility of relocating the Obici House. Deputy City Manager Roberts advised that relocating the house was possible. Referring to the presentation, Vice Mayor Milteer sought clarification about any action that has been taken regarding the relocation of the Obici House. Deputy City Manager Roberts stated that to date, no action has been taken on this matter. Referring to the presentation, Vice Mayor Milteer called for an explanation about any possible action by City Council that would be required, should City Administration determine that the relocation of the Obici House was the most viable option. Deputy City Manager Roberts said that if the relocation of the house required additional funds, then City Administration would need to present a budget amendment to City Council. He added that if the building was being relocated as part of a donation, sale or lease of the building then the bidding process would be triggered, and a public hearing would be required. Referring to the presentation, Council Member Barclay inquired about the scenarios that would require City Council action as it relates to the Obici House. Deputy City Manager Roberts explained that the only matters that would require action by the body would be the sale or lease of the Obici House. City Attorney Roettger added that City Council action would be required if additional funding was required to be spent on the Obici House. Referring to the presentation, Mayor Johnson sought clarification about the option regarding the possible issuance of a request for proposal to relocate the Obici House, specifically as it relates to the possible donation of the house to a group on the condition of relocation. Deputy City Manager Roberts advised that is one option. He added that the temporary relocation of the building to another site at Sleepy Hole Golf Course might be dangerous, but if a group wanted the building, was willing to relocate the building, and had adequate funding, it might be a feasible option. Referring to the presentation, Council Member Brown inquired about the history of the City’s involvement in the Obici House. Deputy City Manager Roberts reported that the Sleepy Hole Golf Course and Obici House were purchased from the City of Portsmouth in 2002 and the City of Suffolk started the request for proposal process regarding the Obici House in 2005. Referring to the presentation, Mayor Johnson asked about the deadline for the responses to the City from the parties that submitted unsolicited proposals for the Obici House. City Manager Cuffee-Glenn said while the deadline given to the parties is January 14, 2010, the date has no bearing on City Council’s ability to provide City Administration with direction on this matter. She concluded that the parties that submitted the unsolicited proposals would be advised of any such direction. Discussion ensued about the unsolicited proposals for the purchase of the Obici House, the timeframe for the offerers to submit additional information to City Administration about their respective proposals, and the possible relocation of the Obici House. 5 City Council Regular Meeting January 6, 2010 Referring to the presentation, Council Member Parr called for information about the timeline for the improvements at Sleepy Hole Golf Course as required by the City’s lease with Rountree, LLC. Deputy City Manager Roberts advised that Rountree, LLC cannot begin construction of the clubhouse, outdoor pavilion, cart storage and maintenance facility until the matter of the Obici House is resolved. He surmised that once this issue is resolved, that there will be a quick turnaround on the site plan, site preparation, and construction of these facilities. Referring to the presentation, Council Member Parr sought information about the approximate cost of moving the Obici House. Deputy City Manager Roberts stated that the approximate cost of moving the house would be $200,000, but relocation of the house off site could result in a higher cost. Referring to the presentation, Council Member Barclay asked for clarification about the next steps as it relates to the two unsolicited proposals to the purchase the Obici House submitted by the Suffolk Professional Fire Fighters, Incorporated and the Citizens for the Preservation of Obici House. Deputy City Manager Roberts said that the two offerers have until January 14, 2010 to provide the City with additional information as requested, after which time City Administration will determine the viability of the proposals. Referring to the presentation, Council Member Barclay queried whether the amount of funds available to stabilize the Obici House can be used for relocation. Deputy City Manager Roberts responded in the affirmative. Referring to the presentation, Vice Mayor Milteer opined about the feasibility of continuing action on the matter of the Obici House until the January 14, 2010, deadline given to the two organizations which have submitted unsolicited proposals to respond to follow up questions from City Administration. City Manager Cuffee-Glenn advised that she would not recommend that City Council continue consideration of the next steps as it relates to the Obici House and select one of the options proposed by City Administration today. Council Member Gardy, on a motion seconded by Vice Mayor Milteer, moved to advise the two organizations that have submitted unsolicited proposals to purchase the Obici House and any other parties to notify City Administration of their interest in any memorabilia in the Obici House by January 14, 2010, and that City Council would consider the options regarding the future of the Obici House at the January 20, 2010, City Council meeting. Referring to the presentation, Council Member Bennett requested that the two organizations that have submitted unsolicited proposals to purchase the Obici House be notified that they have the option to relocate the building. City Manager Cuffee-Glenn explained that a new request for proposal would be required to provide all interested offerers this option, not only the two organizations that have submitted unsolicited proposals. Referring to the presentation, Vice Mayor Milteer asked City Manager Cuffee-Glenn to notify the two organizations that have submitted unsolicited proposals to purchase the Obici House that they have the option of relocating the building. City Manager Cuffee-Glenn explained that a new request for proposal would be required to provide all interested offerers this option, not only the two organizations that have submitted unsolicited proposals. 6 City Council Regular Meeting January 6, 2010 Referring to the presentation, Council Member Bennett called for an explanation about the legal requirements as it relates to the possible relocation of the Obici House and the need for a new request for proposal. City Attorney Roettger advised that if the City placed specific requirements for the relocation of the building, then a new request for proposal would be required. He added that if any interested party, wishes to submit an unsolicited proposal to relocate the building, then they are welcomed to do so and that would not require a new request for proposals. City Attorney Roettger said this would include the two organizations that have already submitted unsolicited proposals to purchase the building. City Manager Cuffee-Glenn concluded that it would be her recommendation that specific conditions be placed on the manner in which the Obici House would be moved if the City considers the relocation of the building. She suggested other requirements that would entail the issuing of a new request for proposal for the relocation of Obici House. Mayor Johnson and Council Member Parr called for the motion to be restated. Council Member Gardy moved that the City notify the Obici Foundation, the Obici Hospital, and the two organizations that have submitted unsolicited proposals to purchase the Obici House that if they would like any memorabilia from the Obici House that they must notify the City of their intent and remove said items by January 14, 2010. City Manager Cuffee-Glenn replied that the City cannot offer this type of opportunity solely to specific groups, but it must be extended to all interested parties. City Attorney Roettger confirmed this information. Council Member Gardy, on a motion seconded by Vice Mayor Milteer, moved to direct City Manager Cuffee-Glenn to publicly advertise the availability of any memorabilia from the Obici House with a deadline of contacting City Administration of January 14, 2010, and that City Council would consider the options regarding the future of the Obici House at the January 20, 2010, City Council meeting. Referring to the presentation, Council Member Parr asked about the responsibility for the disassembly of the house. City Manager Cuffee-Glenn said that at this point she does not know if any of the interested parties would wish to remove potions of the house itself. Deputy City Manager Roberts added that ultimately if there are any portions of the house remaining after any interested parties have removed its memorabilia, the City would be responsible for the disassembly of the house. Referring to the presentation, Council Member Parr sought clarification about the party responsible for the physical removal of any memorabilia from the Obici House. City Manager Cuffee-Glenn stated that the City can include that matter as a part of the process. Council Member Parr sought clarification of the motion. City Clerk Dawley repeated the motion as made by Council Member Gardy and seconded by Vice Mayor Milteer: a motion directing City Manager Cuffee-Glenn to publicly advertise the availability of any memorabilia from the Obici House with a deadline of contacting City Administration of January 14, 2010, and that City Council would consider the options regarding the future of the Obici House at the January 20, 2010, City Council meeting. Referring to the presentation, Mayor Johnson called for information about cost estimates on relocating the Obici House within Sleepy Hole Golf Course. City Manager Cuffee-Glenn and Deputy City Manager Roberts indicated that they could obtain this information as requested. 7 City Council Regular Meeting January 6, 2010 On a substitute motion seconded by Council Member Gardy, Council Member Parr moved to direct City Administration to review and assess the two unsolicited proposals that have been submitted for the purchase of the Obici House by January 14, 2010, and should City Administration determine that neither of the two proposals are suitable, to begin the salvage of any items of value and the disassembly of the building. Referring to the substitute motion, Mayor Johnson opined about there being no option to relocate the Obici House. Council Member Parr advised that anyone is welcome to submit an unsolicited proposal to relocate the Obici House before January 14, 2010, as stated in the motion and called for confirmation of this information. City Manager Cuffee-Glenn and Deputy City Manager Roberts replied that anyone has the option of submitting an unsolicited proposal to relocate the Obici House. On a substitute motion seconded by Council Member Gardy, Council Member Parr moved to direct City Administration to review and assess the two unsolicited proposals that have been submitted for the purchase of the Obici House by January 14, 2010, and should City Administration determine that neither of the two proposals are suitable, to begin the salvage of any items of value and the disassembly of the building, by the following roll call vote: AYES: Council Members Barlow, Brown, Gardy Parr, Milteer and Johnson 6 NAYS: Council Members Barclay and Bennett 2 MOTIONS Motion - A motion to schedule a Work Session for January 20, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Gardy, on motion seconded by Council Member Bennett, moved to schedule a Work Session on January 20, 2010, 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 Council Member Parr asked for a report on recent activities of the Hampton Roads Transit as it relates to reports of cost overruns for the light rail starter line in Norfolk. Vice Mayor Milteer reported that there was been cost overrun for the light rail starter line in Norfolk, and the City of Suffolk does not have any funding invested in this project. He added that there will be a Special Meeting of the Transportation District Commission of Hampton Roads, Hampton Roads Transit’s governing body, to discuss the issue. 8 City Council Regular Meeting January 6, 2010 ANNOUNCEMENTS AND COMMENTS Media and Community Relations Manager Diana Klink announced the following evetns sponored by the Suffolk Youth Advisory Council: Monday, January 18th Dr. Martin Luther King Jr. Day Celebration "Realizing the Dream", East Suffolk Recreation Center and Saturday, January 23, the 2nd Annual Youth Symposium. Council Member Brown offered his sympathies to the family of the late Dr. George Barnett. Council Member Barclay reported on today’s curbside recycling kick off event. Council Member Barlow offered his sympathies to the family of the late Dr. George Barnett. Council Member Barlow advised that he attended the opening of a new census office in Chesapeake. Council Member Bennett opined about a resident who contacted him with questions regarding her service with Charter Cable and the possbility of Verizon offering cable and internet service in the City. Council Member Bennett reported that Georgia Avenue is in need of repaving and there is a leak at the corner of Georgia Avenue. Council Member Bennett offered his sympathies to the family of the late Dr. George Barnett. Vice Mayor Milteer offered his sympathies to the family of the late Dr. George Barnett. Vice Mayor Milteer advised that there is standing water at the 1600 block of Airport Road. Mayor Johnson reported on today’s curbside recycling kick off event. Mayor Johnson offered his sympathies to the family of the late Dr. George Barnett. 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 8:41 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: FEBRUARY 3, 2010 9