City Council Meeting Agendas

City Council Regular Meeting February 3, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, February 3, 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. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of February 3, 2010, 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 FEBRUARY 3, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 3, 2010 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Bennett, moved to approve the minutes from the January 6, 2010, 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 to Mayor Johnson, by Levon A. Linton, on behalf of the Mayor of Kitakyushu Levon A. Linton, a student at Kings Fork High School and the Governor’s School for the Arts, presented a gift from the Mayor of Kitakyushu, Japan. Mayor Johnson announced that there was an additional Special Presentation. Therefore, a motion to amend the agenda would be in order. Council Member Gardy, on a motion seconded by Council Member Parr, moved to amend the agenda to include an additional Special Presentation, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Special Presentation - Report on Winter Storm 2010 and Presentation to City Manager Selena Cuffee-Glenn Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen provided information on the aforementioned item and presented a certificate to City Manager Cuffee-Glenn. 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. She also announced that City Manager Cuffee-Glenn had three additional items. City Manager Cuffee-Glenn presented the following items: a resolution declaring a local emergency, a resolution rescinding a local emergency, and a Staff Report regarding an update on the investigation of odor complaints. 2 City Council Regular Meeting February 3, 2010 Council Member Gardy, on a motion seconded by Council Member Barclay, moved to remove Consent Agenda Item #8 - an ordinance repealing Section 2-485 of the Suffolk City Code concerning the salaries of Constitutional Officers - for a separate vote, 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, on a motion seconded by Vice Mayor Milteer, moved to amend the agenda to include the following items: a resolution declaring a local emergency, a resolution rescinding a local emergency, and a Staff Report regarding an update on the investigation of odor complaints, 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 summary of Consent Agenda Item #8 - an ordinance repealing Section 2-485 of the Suffolk City Code concerning the salaries of Constitutional Officers. Referring to Consent Agenda Item #8, City Manager Cuffee-Glenn furnished a summary of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Vice Mayor Milteer, moved to continue consideration of Consent Agenda Item # 8 to the March 3, 2010, City Council meeting. Referring to the presentation, Council Member Bennett moved to approve the proposed ordinance. The motion failed for lack of a second. Referring to the presentation, Council Member Brown asked if there would be any adverse repercussions if the proposed item was continued to the March 3, 2010, City Council meeting. City Manager Cuffee-Glenn said that a continuance would not result in any adverse impacts. Councill Member Gardy, on a motion seconded by Vice Mayor Milteer, moved to continue Consent Agenda Item #8 to the March 3, 2010, City Council meeting, by the following roll call: AYES: Council Members Barclay, Barlow, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: Council Member Bennett 1 AGENDA SPEAKERS There were no speakers registered to speak under this portion of the agenda. 3 City Council Regular Meeting February 3, 2010 CONSENT AGENDA Mayor Johnson asked City Clerk Dawley to present the Consent Agenda. City Clerk Dawley presented the following items: Consent Agenda Item #7 - A resolution to accept and appropriate funds from a grant from the Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #8 - An ordinance repealing Section 2-485 of the Suffolk City Code concerning the salaries of Constitutional Officers (This item was removed from the Consent Agenda and continued to the March 3, 2010, City Council meeting.) Consent Agenda Item #9 - A resolution declaring a local emergency (The agenda was amended under the Removal of Items from the Consent Agenda and Adoption of the Agenda to include this item.) Consent Agenda Item #10 - A resolution rescinding a local emergency (The agenda was amended under the Removal of Items from the Consent Agenda and Adoption of the Agenda to include this item.) Council Member Gardy, on a motion seconded by Council Member Brown, moved to approve Consent Agenda Items #7, 9 and 10, 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 - A public hearing to consider the adoption of an ordinance authorizing the lease of property owned by the City of Suffolk located at the Holland Athletic Complex Parks and Recreation Director Lakita Frazier provided an overview of the background information as printed in the official agenda. Leslie Matthews, Jr., 236 Kenyon Road, representing self, spoke in support of the proposed ordinance. Hearing no other speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Parr, 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 AUTHORIZING THE LEASE OF PROPERTY OWNED BY THE CITY OF SUFFOLK LOCATED AT THE HOLLAND ATHLETIC COMPLEX 4 City Council Regular Meeting February 3, 2010 ORDINANCE There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT Staff Report - Update on the investigation of odor complaints (The agenda was amended under the Removal of Items from the Consent Agenda and Adoption of the Agenda to include this item) Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts, Public Works Director Eric Nielsen, Fire Chief Mark Outlaw, and Public Utilities Director Albert Moor furnished an update on the above referenced item. Deputy City Manager introduced Patrick Hochstrasser, BASF, and Roland Taylor and Scott Whitehurst, Southeastern Public Service Authority. Utilizing a PowerPoint presentation, Mr. Taylor and Mr. Whitehurst gave supplementary information on the above referenced item. Referring to the presentation, Council Member Parr asked if weather conditions were noted during visits to the area where the odors have been reported. Fire Chief Outlaw advised that the Fire Department noted the weather conditions and the time of day during the visits to the areas where the odors have been reported. Referring to the presentation, Council Member Parr called for clarification about the frequency that the leachate ponds are aerated at the Southeastern Public Service Authority Regional Landfill. Mr. Whitehurst indicated that the ponds are aerated 24 hours a day every day of the week. Referring to the presentation, Council Member Parr queried about the frequency that the leachate ponds are tested at the Southeastern Public Service Authority Regional Landfill. Mr. Whitehurst replied that the ponds are tested monthly in accordance with the requirements of the Hampton Roads Sanitation permits. Referring to the presentation, Council Member Parr inquired about the location of any pump stations in the area adjacent to the Southeastern Public Service Authority Regional Landfill. Public Utilities Director Moor advised that there are not any pump stations in that area. Referring to the presentation, Council Member Parr requested information about the refuse burning schedule at the Southeastern Public Service Authority Regional Landfill. Mr. Whitehurst explained that refuse is burned at the facility 24 hours daily. Referring to the presentation, Council Member Parr solicited information about the frequency that the leachate ponds are pumped. Mr. Whitehurst reported that the leachate ponds are pumped multiple times daily depending on the needed. 5 City Council Regular Meeting February 3, 2010 Referring to the presentation, Mayor Johnson asked about the authority which determines the inspection schedule of the various ponds at the Southeastern Public Service Authority Regional Landfill. Mr. Whitehurst said that the State prescribes the number of times that each pond is required to be inspected. Referring to the presentation, Council Member Parr queried about the frequency that the leachate ponds are tested at the Southeastern Public Service Authority Regional Landfill. Mr. Whitehurst replied that the ponds are tested monthly in accordance with the requirements of the Hampton Roads Sanitation District permits; however, staff visits both the leachate ponds and the stormwater ponds daily. Referring to the presentation, Council Member Barlow opined about checking the Great Dismal Swamp as a possible source for the odor. Deputy City Manager Roberts advised that staff would like to explore that matter and provide any findings. Referring to the presentation, Council Member Parr inquired about any recent acceptance of any unusual waste at either the Southeastern Public Service Authority Regional Landfill or at the Waste to Energy Plant. Mr. Whitehurst replied that no usual waste has been recently accepted at either facility. MOTIONS Motion - A motion to schedule a public hearing to be held on February 17, 2010, to receive public comment on the proposed Fiscal Year 2011 – 2020 Capital Improvements Plan Council Member Gardy, on motion seconded by Council Member Barclay, moved to schedule a public hearing to be held on February 17, 2010, to receive public comment on the proposed Fiscal Year 2011 - 2020 Capital Improvements Plan, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Motion - A motion to schedule a Work Session for February 17, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Gardy, on motion seconded by Council Member Barclay, moved to schedule a Work Session on February 17, 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 Michele Castleberry, 102 Prescott Court, representing self, expressed concerns about the unexplained odor in her community. 6 City Council Regular Meeting February 3, 2010 NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley advised that the following names have been submitted for consideration for boards and commissions appointments: Clean Communities Commission – Russell Meeks; Clean Communities Commission Keep Suffolk Beautiful Executive Board – Kathy Lang Russell; Wetlands Board – Ronald Jordan. Council Member Gardy, on a motion seconded by Council Member Barclay, 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 Vice Mayor Milteer reported a drainage issue on Airport Road. Council Member Bennett asked when the community meeting about the odor issue would be scheduled. City Manager Cuffee-Glenn explained that she hoped to have the details finalized by the end of this week. Council Member Bennett announced the upcoming Public Safety Forum. Council Member Barlow reported on a recent meeting of the Planning Council and the groundbreaking ceremony for the new Union Mission Shelter. Council Member Barlow that he recently toured the Phoneix Bank Building. Council Member Barclay announced the upcoming Public Safety Forum. Council Member Brown opined about the new President and Chief Executive Officer of Hampton Roads Transit Philip A. Shucet and outgoing President and Chief Executive Office Michael Townes. Mayor Johnson announced an upcoming meeting with the new President and Chief Executive Officer of Hampton Roads Transit Philip A. Shucet. Mayor Johnson opined about a recent meeting about high speed rail. Mayor Johnson congratulated Thelma Drake on her recent appointment as the Director of the Virginia Department of Rail and Public Transportation. Mayor Johnson thanked the Public Works Department for their efforts as it relates to the recent winter storm. 7 City Council Regular Meeting February 3, 2010 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 8:40 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MARCH 3, 2010 8