City Council Meeting Agendas

City Council Regular Meeting March 17, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, March 17, 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 Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of March 17, 2010, 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 MARCH 17, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 17, 2010 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Bennett, moved to approve the minutes from the February 17, 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 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 advised that a motion was in order at this time to adopt the agenda in its entirety. Councill Member Brown, on a motion seconded by Council Member Gardy, moved to adopt the agenda as presented, by the following roll call: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers registered to speak under this portion of the agenda. 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 A GRANT FROM THE VIRGINIA DEPARTMENT OF AVIATION FOR THE SUFFOLK EXECUTIVE AIRPORT Consent Agenda Item #8 - AN ORDINANCE AMENDING SECTION 35-29 OF THE CODE OF THE CITY OF SUFFOLK, CONCERNING STORMWATER MANAGEMENT PRO RATA PROCEDURES Consent Agenda Item #9 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF THE MULLICAN DRIVE (RIVERSHORE DRIVE EXTENDED) RURAL ADDITION ROADWAY PROJECT 2 City Council Regular Meeting March 17, 2010 Consent Agenda Item #10 - A RESOLUTION SUBMITTING A LIST OF CITY OF SUFFOLK PROJECTS TO THE VIRGINIA CONGRESSIONAL DELEGATION REPRESENTING SUFFOLK TO BE CONSIDERED FOR FEDERAL FUNDING Council Member Parr asked for a report on Consent Agenda Item #10 - a resolution submitting a list of City of Suffolk projects to the Virginia Congressional Delegation representing Suffolk to be considered for federal funding. Referring to Consent Agenda Item #10, Chief of Staff Sherry Hunt used a PowerPoint presentation to offer a review of the background information as printed in the official agenda. Referring to the presentation, Council Member Bennett asked about the feasibility of including a funding request for the establishment of quiet zones at the Olde Mill Creek and Suffolk Meadows subdivisions. Chief of Staff Hunt explained that the proposed ordinance would not be the appropriate vehicle for seeking that type of funding and that the City could apply for federal aid of this type via a transportation bill. Council Member Parr, on a motion seconded by Council Member Bennett, moved to approve the Consent Agenda, 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 within the Fairgrounds Revitalization and Redevelopment District Council Member Barclay stated that he would disqualify himself from participating in any transactions regarding the aforementioned ordinance due to his firm’s representation of a business that may realize a reasonably foreseeable benefit as a result of the above referenced transaction. Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills provided an overview of the background information as printed in the official agenda. Gary Haste, no address given, representing Associated Contracting Services, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Milteer opined about the three houses that are planned for construction on Cedar Street. Planning and Community Development Director Mills explained that one of the three houses would be a model home, while the other two would be available for purchase. Referring to the presentation, Vice Mayor Milteer inquired about the total number of houses anticipated for this phase of the Fairgrounds redevelopment project. Planning and Community Development Director Mills stated that it is anticipated that the first phase of the project will result in 36 homes. 3 City Council Regular Meeting March 17, 2010 Referring to the presentation, Vice Mayor Milteer called for a timeline regarding the construction of houses on Cedar Street. Planning and Community Development Director Mills reported that the deadline for the City to spend down the Section 108 funding is December 31, 2010, therefore, it would be anticipated that houses would be started after the beginning of next year. Referring to the presentation, Vice Mayor Milteer sought clarification about the houses proposed for construction on Morgan Street. Planning and Community Development Director Mills advised that a new road will be constructed, and the houses will be constructed on Hall Avenue and this new road. Referring to the presentation, Council Member Gardy requested information about the amount of time that the Fairgrounds redevelopment project has been planned. Planning and Community Development Director Mills said that the project has been planned for about ten years. Referring to the presentation, Vice Mayor Milteer asked about any potential impact on Culloden Street. Planning and Community Development Director Mills replied that during this phase of the project, there will not be any impact on Culloden Street. Referring to the presentation, Council Member Brown inquired about the price range of the proposed homes. Planning and Community Development Director Mills explained that as there is a requirement that 51% of the homes must be for low to moderate income residents, the affordable homes will range from $180,000 to $220,000. Referring to the presentation, Council Member Brown queried about the timeline for the construction of the multifamily units. Planning and Community Development Director Mills stated that he does not have a timeline for that part of the project at this time as those units will require more property acquisition and additional funding. Council Member Parr, on a motion seconded by Council Member Brown, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None 0 ABSTAIN: Council Member Barclay 1 AN ORDINANCE TO AUTHORIZE THE CONVEYANCE OF CITY OWNED PROPERTY LOCATED WITHIN THE FAIRGROUNDS REVITALIZATION AND REDEVELOPMENT DISTRICT Public Hearing - An ordinance of the City Council of the City of Suffolk, Virginia (the “City”) authorizing the General Obligation Guaranty by the City of the timely payment of a portion of principal of and interest on certain guaranteed subordinated revenue bonds and senior subordinated revenue bonds previously issued by the Southeastern Public Service Authority of Virginia Arthur Anderson, McGuire Woods, the City’s bond counsel, gave a review of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 4 City Council Regular Meeting March 17, 2010 Referring to the presentation, Council Member Parr called for affirmation of the information. David Rose, Davenport and Company, the City’s financial advisors, confirmed the information as presented. Referring to the presentation, Vice Mayor Milteer sought clarification about the debt service included in the proposed ordinance. Mr. Anderson explained that this is a continuation of the debt service, but the Southeastern Public Service Authority will pay down some of the outstanding debt. David Rose, Davenport and Company, the City’s financial advisors, provided supplementary information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance. Referring to the presentation, Vice Mayor Milteer queried about the impact on the City’s financial health, should the Southeastern Public Service Authority fail to have enough resources to address the payments referenced in the proposed ordinance. Mr. Anderson stated that it is anticipated that the Authority will have sufficient resources to make the required payments since the other member localities will continue to pay tipping fees. City Manager Cuffee-Glenn added that all of the member localities are backing the guarantee. 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 OF THE CITY COUNCIL OF THE CITY OF SUFFOLK, VIRGINIA (THE “CITY”) AUTHORIZING THE GENERAL OBLIGATION GUARANTY BY THE CITY OF THE TIMELY PAYMENT OF A PORTION OF PRINCIPAL OF AND INTEREST ON CERTAIN GUARANTEED SUBORDINATED REVENUE BONDS AND SENIOR SUBORDINATED REVENUE BONDS PREVIOUSLY ISSUED BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA Public Hearing - An ordinance granting a Rezoning Request RZ08-09 (Conditional), submitted by John H. Peterson III, of Terry-Peterson Residential Thirty, LLC, property owners, to add a new duplex category for the Residential Village by amending the proffered Design Standards for the Hampton Roads Crossing Mixed-Use Development Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a summation of the background information as printed in the official agenda. Referring to the distributed handout, he added that the applicant has submitted the following amendment to condition: “a payment of $844,305.00 shall be dedicated to the building of a middle school or the addition to an existing middle school in the Hampton Roads Crossing school zone. This payment is made to advance capacity of a proposed middle school or an addition to an existing middle school which is included in the current Capital Improvements Plan for the City of Suffolk and which payment shall be made pro rata, based upon the total number of residential building units to be constructed at Hampton Roads Crossing. 5 City Council Regular Meeting March 17, 2010 Individual pro rata payments shall be made at the time building permits are issued for each residential unit.” Council Member Gardy, on a motion seconded by Council Member Parr, moved to include the aforementioned amended condition included in Exhibit B in the proposed ordinance for City Council’s consideration as a part of the public hearing. AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Tuck Bowie, 525 South Independence Boulevard, Virginia Beach, Virginia, representing Terry-Peterson Residental Thirty, LLC, property owners, in support of the ordinance, as amended. Hearing no other speakers, the public hearing was closed Vice Mayor Milteer, on a motion seconded by Council Member Brown, moved to approve to approve the ordinance, with conditions, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO AMEND THE HAMPTON ROADS CROSSING DESIGN STANDARDS FOR TAX MAP NUMBER 13G, PARCEL R, HAMPTON ROADS CROSSING, RZ08-09 (CONDITIONAL), AS AMENDED Public Hearing - An ordinance granting a Conditional Use Permit Request C16-09, submitted by Nathan B. Hudson, of Folk City Tattoo, applicant, on behalf of William C. Overman, III, property owner, to permit the operation of a tattoo parlor and body piercing salon, in accordance with Section 31-306, 31-406, and 31-721 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills outlined the background information as printed in the official agenda. Nathan B. Hudson, 201 Palace Green Boulevard, Virginia Beach, applicant, representing Folk City Tattoo, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Council Member Parr called for clarification about the hours of operation. Planning and Community Development Director Mills stated that it was the Planning and Community Development Department’s understanding that the condition that established the hours of operation as 9:00 a.m. to 9:00 p.m., as offered by the applicant, meant that the facility would cease operation at 9:00 p.m. 6 City Council Regular Meeting March 17, 2010 Referring to the presentation, Council Member Parr asked Mr. Hudson if he planed to cease operations at 9:00 p.m. as explained by Planning and Community Development Director Mills. Mr. Hudson reported that it was his understanding that he would stop accepting customers at 9:00 p.m., however, any customer that entered prior to 9:00 p.m., would be able to receive services and that all operations would cease no later than midnight. Referring to the presentation, Mayor Johnson sought information from the applicant about the time that he would have to stop accepting customers in order to cease operation by 9:00 p.m. Mr. Hudson advised that he would have to stop accepting customers at least one to two hours prior to 9:00 p.m. in order to cease all operations by that time. Referring to the presentation, Council Member Barlow inquired about the proposed hours of operation on Sundays. Mr. Hudson said that his hours of operation on Sunday would be noon to 8:00 p.m. Referring to the presentation, Planning and Community Development Director Mills advised City Council that they could amend the fourth condition as it relates to the hours of operation of the proposed tattoo parlor and body piecing salon that would prohibit the applicant from accepting any new customers after 9:00 p.m. and cease all operation no later than midnight. Council Member Brown, on a motion seconded by Council Member Barlow, moved to approve the ordinance with conditions one through three and the following amendment to condition four: the applicant would be prohibited from accepting any new customers after 9:00 p.m. and close no later than midnight. Referring to the presentation, Council Member Bennett asked about the time that the other tattoo parlor and body piercing salon closes and ceases operation. Planning and Community Development Director Mills said that facility closes and ceases operation at midnight. Referring to the motion, Council Member Parr called for an explanation of the ordinance as it compares to the proposed hours of operation included in the background information as printed in the official agenda. Planning and Community Development Director Mills stated that the proposed motion would amend the fourth condition as it relates to the hours of operations of the proposed tattoo parlor and body piercing salon that would prohibit the applicant from accepting any new customers after 9:00 p.m. and cease operation no later than midnight. He further advised that the background information as printed in the official agenda says that the hours of operation would be from 9:00 a.m. to 9:00 p.m., with no reference to when the applicant would stop accepting any new customers and cease operation. Council Member Brown withdrew his motion with the consent of Council Member Barlow. Vice Mayor Milteer, on a motion seconded by Council Member Gardy, moved to approve the ordinance with conditions one through three and an amendment to condition four: the hours of operation would meet the performance standards as they relate to tattoo parlors and body piercing salons as outlined in the City’s Unified Development Ordinance. Referring to the motion, City Attorney Roettger advised that a motion would be required to remove the stricter condition as it relates to hours of operation outlined in condition four. 7 City Council Regular Meeting March 17, 2010 Council Member Barclay, on a substitute motion seconded by Vice Mayor Milteer, moved that the ordinance be approved, with conditions one through three as presented, and the deletion of condition four, 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 TATTOO PARLOR AND BODY PIERCING SALON AT THE PROPERTY LOCATED AT 3235 BRIDGE ROAD (UNIT #9) TAX MAP NUMBER 12, PARCEL 12M-C16-09, AS AMENDED Public Hearing - An ordinance granting a Conditional Use Permit Request C17-09, East End Baptist Church, submitted by Michael E. Perry of MSA, P.C., applicant, on behalf of East End Baptist Church (Trustees), property owner, to permit a large religious assembly and 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 provided a synopsis of the background information as printed in the official agenda. Michael E. Perry, no address given, MSA, P.C., applicant, representing East End Baptist Church, property owner, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Bennett sought clarification about the legality of participating in the discussion and deliberation of the proposed ordinance as he is a member of the East End Baptist Church. City Attorney Roettger stated that legally, there is no conflict of interest in this instance. Referring to the presentation, Council Member Barclay sought an explanation about the need for the applicant to construction a 200-feet right turn lane with a 200-feet taper on eastbound Portsmouth Boulevard at the entrance of the proposed church. Traffic Engineer Robert Lewis replied that the turn lane would be needed in order to address safety due to the divided highway. Referring to the presentation, Council Member Barclay opined about the feasibility of prohibiting U-turns at the proposed intersection. Traffic Engineer Lewis indicated U-turns are a feasible option. Referring to the presentation, Council Member Gardy queried about the feasibility of installing textured pavement as a traffic calming measure. Traffic Engineer Lewis advised that this would not be a feasible solution to address the anticipated traffic issues. Referring to the presentation, Council Member Parr called for clarification about the possible use of an off-duty security officer as it relates to the anticipated traffic levels versus installing a traffic signal at the proposed intersection. Traffic Engineer Lewis reported that the traffic study for this request indicates that a traffic signal will not be needed at the proposed intersection; however, due to concentrated exit traffic volumes on Sundays, the City can require that the church should agree to provide off-duty security officers to direct traffic after Sunday services. He added that this requirement is one of the conditions included in the proposed ordinance. 8 City Council Regular Meeting March 17, 2010 Council Member Bennett, on a motion seconded by Council Member Brown, moved to approve the ordinance, with conditions one through three as presented, and the amendment of condition four deleting the language originally presented and replacing it with the following language: a “No U Turn” sign shall be posted to prohibit U-turns on Portsmouth Boulevard. Referring to the motion, Mayor Johnson sought additional information about any impact the proposed amendment would have on traffic safety. Traffic Engineer Lewis stated that the proposed amendment does not cause any concerns regarding traffic safety. Referring to presentation, Council Member Parr queried about the ability to make both left and right turns when leaving the proposed church, specifically on Sundays. Traffic Engineer Lewis said that drivers would be able to make left and right turns when departing the property. Council Member Gardy requested that the following language be added to the motion – the applicant shall be responsible for the cost of the “No U Turn” signs. The maker of the motion, Council Member Bennett, consented to the aforementioned request and amended the motion. Council Member Brown, who offered the second, made no objection to the amendment. Referring to the amended motion, Vice Mayor Milteer inquired about the conditions as presented by the Planning Commission. Traffic Engineer Lewis reported that the amended motion includes conditions one through three as recommended by the Planning Commission, however, condition number four is different than the original recommendation, which required the construction of a 100-feet left turn lane and taper to accommodate vehicles making U-turns on westbound Portsmouth Boulevard. Referring to the amended motion, Vice Mayor Milteer solicited information about any additional off-site expenses that would be required. Council Member Bennett stated that there would be no additional costs to the City. Referring to the presentation, Council Member Parr reported that condition number two currently reads that a 200 foot right turn lane with a 200 foot taper shall be constructed on eastbound Portsmouth Boulevard. He added that the condition should amended to read as follows: a 200 foot left turn lane with a 200 foot taper shall be constructed on eastbound Portsmouth Boulevard at the entrance of the church. This requested was accepted by the unanimous consent of City Council. Council Member Bennett, on an amended motion seconded by Council Member Brown, moved to approve the ordinance, with conditions one and three as presented, and the amendments of condition two and of condition four, respectively: a 200 foot left turn lane with a 200 foot taper shall be constructed on eastbound Portsmouth Boulevard and a “No U Turn” sign shall be installed at the intersection and at the expense of East End Baptist Church, 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 TO PERMIT A LARGE RELIGIOUS ASSEMBLY AND CHILD DAY CARE CENTER LOCATED AT 1056 PORTSMOUTH BOULEVARD, TAX MAP NUMBER 35, PARCEL 88, C17-09 AS AMENDED 9 City Council Regular Meeting March 17, 2010 ORDINANCE There were no items under this portion of the agenda. RESOLUTIONS Resolution - A resolution approving the issuance of Industrial Revenue Bonds by the Economic Development Authority of the City of Suffolk on behalf of the Obici Healthcare Foundation Economic Development Director Hughes gave a summation 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 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 STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing on April 7, 2010, for the issuance and sale of General Obligation Public Improvement Bonds, Series 2010, in the maximum amount of $4,000,000 by the City of Suffolk, Virginia, and establishing the terms, details and provisions for the payment thereof City Manager Cuffee-Glenn offered an overview of the background information as printed in the official agenda. Council Member Parr, on motion seconded by Council Member Barclay, moved to schedule a public hearing on April 7, 2010, for the issuance and sale of General Obligation Public Improvement Bonds, Series 2010, in the maximum amount of $4,000,000 by the City of Suffolk, Virginia, and establishing the terms, details and provisions for the payment thereof, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 10 City Council Regular Meeting March 17, 2010 Motion - A motion to schedule a Work Session for April 7, 2010, 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 April 7, 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 The following speakers expressed their support for funding for Suffolk Public Schools: Ruth Harrel, 5051 Huntclub Chase, representing self. Costellar Ledbetter, 2629 Riddick Drive, representing self. Tara W. Moore, 818 North Liberty Springs Road, representing self. Helen Wylie, 8201 Canterbury Crest Lane, representing self. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following item for consideration: boards and commissions appointments. She advised City Council that the following individuals had been nominated for appointment to the following boards and commissions: Advisory Commission for Persons with Disabilities – Marlondos Fields and Early Childhood Development Commission – Lakita Frazier. 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 stated 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 consideration: a motion authorizing the City Manager to request that the Commonwealth of Virginia Department of Corrections hold a public hearing in the City of Suffolk regarding the proposed lease execution for the Department of Corrections, Probation, and Parole Office at the 2010 Amedeo Court in the Suffolk Industrial Park. Referring to the distributed handout, City Manager Cuffee-Glenn presented a review of the aforementioned item. 11 City Council Regular Meeting March 17, 2010 Referring to the presentation, Council Member Parr opined about the requirement to hold the aforementioned public hearing. City Manager Cuffee-Glenn stated that a public hearing was not required; however, if a locality wished to have the State hold a public hearing, then the locality would be required to make a formal request to the State. Referring to the presentation, Council Member Parr sought clarification about the current location of the Department of Corrections, Probation, and Parole Office. City Manager Cuffee-Glenn advised that the office has relocated to 2010 Amedeo Court in the Suffolk Industrial Park. Referring to the presentation, Mayor Johnson called for more information about the State’s responsibility, should the City request that they hold the aforementioned public hearing. City Manager Cuffee-Glenn said that if the City makes the request, then the State is required to hold the aforementioned public hearing. Referring to the presentation, Council Member Barclay asked City Manager Cuffee-Glenn if it was her recommendation that Council make the request for the aforementioned public hearing. City Manager Cuffee-Glenn replied that this matter was at the discretion of City Council. Council Member Barclay, on a motion seconded by Council Member Brown, moved to authorize the City Manager to request that the Commonwealth of Virginia Department of Correction hold a public hearing in the City of Suffolk regarding the proposed lease execution for the Department of Corrections, Probation, and Parole Office at the 2010 Amedeo Court in the Suffolk Industrial Park, 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 asked City Council to consider a resolution of banning the acceptance of Chinese dry wall at the Southeastern Public Service Authority Regional Landfill and its use in any new construction, similar to a resolution recently adopted by the City of Norfolk. Mayor Johnson asked City Manager Cuffee-Glenn and City Attorney Roettger to research the feasibility of banning the acceptance of dry wall at the Southeastern Public Service Authority Regional Landfill and its use in any new construction. Council Member Gardy asked for copies of resolutions approved by other localities on this matter. ANNOUNCEMENTS AND COMMENTS Vice Mayor Milteer encourages residents to return their 2010 United States Census forms. Council Member Bennett called for information on the State Code requirements as they relate to vehicles yielding to pedestrians and enforcement of any violations of this nature. Police Chief Thomas Bennett stated that the State Code requires vehicles to yield the right of way to pedestrians. He added that should an officer observe a violation of this nature, a ticket could be issued. Council Member Bennett called for funding for quiet zones for railroad crossings at Olde Mill Creek. Council Member Bennett opined about a turn lane on Nansemond Parkway and Wilroy Road. 12 City Council Regular Meeting March 17, 2010 Council Member Bennett reported that the residents of Huntersville would like to have a community clean up. Council Member Barlow expressed his appreciation to the Public Works Department for recent ditch cleaning efforts. Council Member Barlow advised that he recently attend a meeting sponsored by the Suffolk Partnership for a Healthy Community. Council Member Barclay announced a billing error related to the annual false alarm registration fee and all inquires should be forwarded to the Police Department. Council Member Brown reported on a recent conference of the American Public Transportation Association. Mayor Johnson advised that she attended the South Hampton Roads Regional Conference on Ending Homelessness. Mayor Johnson announced the grand opening of World Class Gymnastics. ADJOURNMENT Council Member Parr, on a motion seconded by Council Member Bennett, 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 9:15 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: APRIL 21, 2010 13