City Council Meeting Agendas

City Council Regular Meeting April 7, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, April 7, 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 April 7, 2010, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Parr, on a motion seconded by Council Member Bennett, 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 APRIL 7, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting April 7, 2010 APPROVAL OF THE MINUTES Council Member Bennett, on a motion seconded by Council Member Gardy, moved to approve the minutes from the March 3, 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 - Health and Human Services Building Certification as a LEED Building Economic Development Assistant Director Greg Byrd and Capital Programs and Buildings Director Gerry Jones introduced Mark Brinkley, President, C.W. Brinkley Construction. Mr. Brinkley presented the aforementioned award to Mayor Johnson. Special Presentation - Proclamation in recognition of “Child Abuse Prevention Month” Mayor Johnson presented the aforementioned proclamation to Social Services Director Leonard Horton. 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. Mayor Johnson announced that additional information would be presented on Consent Agenda Item #10. Council Member Barclay, on a motion seconded by Council Member Parr, 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. 2 City Council Regular Meeting April 7, 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 A GRANT FROM THE STATE HOMELAND SECURITY PROGRAM FOR THE SUFFOLK POLICE DEPARTMENT Consent Agenda Item #8 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE HALL AVENUE–PHASE I SUFFOLK FAIRGROUNDS REVITALIZATION PROJECT CONSTRUCTION AGREEMENT Consent Agenda Item #9 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH PEPPERDINE CORPORATION Consent Agenda Item #10 - AN AMENDED AND RESTATED ORDINANCE AUTHORIZING THE REFUNDING OF CERTAIN GENERAL OBLIGATION BONDS OF THE CITY OF SUFFOLK, VIRGINIA WITH THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $90,000,000 BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF Council Member Parr asked for a report on Consent Agenda Item #7 - a resolution to accept and appropriate a grant from the State Homeland Security program for the Suffolk Police Department. Mayor Johnson announced that there is a proposed amendment to Consent Agenda Item #10 - an amended and restated ordinance authorizing the refunding of certain general obligation bonds of the City of Suffolk, Virginia with the issuance and sale of General Obligation Refunding Bonds in the maximum principal amount of $90,000,000 by the City of Suffolk, Virginia, and establishing the terms, details and provisions for the payment thereof. Referring to Consent Agenda Item #7, Council Member Parr queried about the compatibility of the license plate reader with the technology in other departments. Major Larry Wilson replied that matter will be under investigation when the equipment his received. Referring to Consent Agenda Item #10, Mr. David Rose, Davenport and Company, the City’s financial advisors, distributed an amended ordinance and offered a review of the proposed ordinance. Referring to Consent Agenda Item #10, Council Member Parr called for clarification of the proposed amendment. Mr. Rose explained that the proposed amendment simply changes item (a) in Section Number 3 from three percent to two and one-half percent. Council Member Parr, on a motion seconded by Council Member Gardy, moved to accept the amended ordinance indentified as Consent Agenda Item #10 for consideration, 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 April 7, 2010 Vice Mayor Milteer, on a motion seconded by Council Member Parr, 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 authorizing 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 Utilizing a PowerPoint presentation, Mr. Rose offered a summary of the background information as printed in the official agenda Hearing no speakers, the public hearing was closed. 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 AUTHORIZING 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 ORDINANCE Ordinance - Request for a 6-month extension of Conditional Use Permit Request C03-08, that was originally submitted by Whitney Saunders of Saunders and Ojeda, PC, on behalf of Arzillo Investments, Inc., property owner, to extend the expiration date of C03-08, which was approved on April 16, 2008 to permit an indoor metal recycling center on a portion of the parcel in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills gave a summary of the background information as printed in the official agenda. Council Member Bennett, on a motion seconded by Council Member Barclay, moved to approve the requested extension, 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 April 7, 2010 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT Staff Report - Planning Commission Comprehensive Plan Consistency Review – Proposed Robertson/Southwestern Elementary School Replacement Site Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a synopsis of the background information as printed in the official agenda. Referring to the presentation, Vice Mayor Milteer called for an explanation of the next steps since the Planning Commission found that the site selected by the Suffolk Public Schools for a new elementary school in the southern part of the City was inconsistent with the 2026 Comprehensive Plan. Planning and Community Development Director Mills stated that Suffolk Public Schools would need to identify another site consistent with the plan. Referring to the presentation, Council Member Barclay sought information about the availability of City water on the selected site, 153 Copeland Road. Planning and Community Development Director Mills advised that City water is not available on City water on Copeland Road. Referring to the presentation, Council Member Barclay queried about the City water line closest to the selected site. Public Utilities Director Albert Moor said that the closest City sewer and water line is on Turlington Road, which is about three miles away. Referring to the presentation, Council Member Barclay asked about the proposed method of providing sewer and water service to the selected site. Public Utilities Director Moor reported that a septic system was the proposed method of providing sewer service to the selected site. He added that a well was the proposed method of providing water service, but a well would be a safety concern due to elevated fluoride levels in the area. Referring to the presentation, Council Member Barclay opined about the fluoride levels at the proposed site, if it was served by wells. Public Utilities Director Moor replied that water in that area would be at the high end of the acceptable levels. Referring to the presentation, Council Member Barclay queried about the feasibility of using septic to provide sewer service to the proposed site. Public Utilities Director Moor indicated that he was not aware of how the soil in that area would perk, so he could not speak to the feasibility of such service. Referring to the presentation, Council Member Barlow requested clarification about the methodology used by the Planning Commission to reach their findings about the proposed site, as it relates to the use of the 2026 Comprehensive Plan. Planning and Community Development Director Mills advised that the plan was the sole source of determining the appropriateness of the proposed site. Referring to the presentation, Council Member Barlow asked if the 2026 Comprehensive Plan was the Planning Commission’s sole reason for determining that the proposed site was inconsistent. Planning and Community Development Director Mills replied in the affirmative. 5 City Council Regular Meeting April 7, 2010 Referring to the presentation, Council Member Barlow called for a definition of a comprehensive plan. Planning and Community Development Director Mills explained a comprehensive plan is a policy document that guides land use decisions. Referring to the presentation, Mayor Johnson solicited information about any meetings that were held between members of City and School Administration about the proposed site, prior to the item’s consideration by the Planning Commission. Planning and Community Development Director Mills said meetings of that nature were held prior to the proposed site being considered by the Planning Commission. Referring to the presentation, Council Member Parr opined about the possibility of City Council setting a precedent if the members approved the proposed site after the Planning Commission found it to be inconsistent with the 2026 Comprehensive Plan. City Attorney Roettger advised that if City Council approved the proposed site without any amendments to the plan it would not set a precedent, but such a decision would undermine the 2026 Comprehensive Plan. Referring to the presentation, Council Member Parr queried about the inclusion of reports about the soil and water quality in the area of the proposed site. Planning and Community Development Director Mills stated that the school system included information about water but did not provide information about the soil in the area. He added that the Schools’ engineering firm provided a preliminary report that indicated the site was suitable Referring to the presentation, Council Member Parr asked if the construction costs submitted by the Suffolk Public Schools include any funding for infrastructural improvements. City Manager Cuffee-Glenn reported that none of that information was included in the construction costs. Vice Mayor Milteer moved to refer the issue back to the Suffolk School Board. The motion died for a lack of a second. Referring to the presentation, Council Member Barclay inquired about the next steps, should City Council not take any action on this matter. City Attorney Roettger indicated that should City Council refrain from taking any action on this matter, it would automatically go back to the Suffolk School Board. Referring to the presentation, Council Member Parr requested information about all of the sites considered by the School Board. City Manager Cuffee-Glenn offered to forward this request to Suffolk Public Schools. Referring to the presentation, Council Member Bennett opined about the need for the meeting minutes to reflect his objection to no action by City Council. City Clerk Dawley said that the City Code prohibits the inclusion of matters of argument, observations, passing comments or mere oral questions stated by or addressed to members of the City Council. 6 City Council Regular Meeting April 7, 2010 Council Member Parr, on a motion seconded by Council Member Brown, moved to accept the recommendation of the Planning Commission as it relates to the site selected by the Suffolk Public Schools for a new elementary school in the southern part of the City, by the following roll call vote: AYES: Council Members Barclay, Brown, Gardy, Parr, and Johnson 5 NAYS: Council Member Barlow, Bennett, and Milteer 3 Staff Report - 2010 General Assembly Session Legislative Update Chief of Staff Sherry Hunt introduced Whittington Clement, Hutton and Williams, the City’s legislative consultants. Utilizing a PowerPoint presentation, Mr. Clement offered a summary on the aforementioned item. Staff Report - Update on State regulations pertaining to the discharge of firearms in the City of Suffolk Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts submitted an overview of the aforementioned item. Referring to the presentation, Council Member Barclay requested for clarification about the recommendation to amend the City Code to prohibit discharge of a firearm within 200 feet from any structure owned by another without permission of the owner in a densely populated area, as it relates to public waters. Deputy City Manager Roberts advised that the recommendation would only apply to land based hunting. Referring to the presentation, Council Member Barlow queried about hunting regulations in surrounding jurisdictions, as it relates to the proposed amendment. Deputy City Manager Roberts reported that in most localities in South Hampton Roads it is unlawful to discharge a firearm within 100 yards from any structure owned by another without permission of the owner, however, across the Commonwealth, there are a wide variety of firearms regulations. Referring to the presentation, Council Member Bennett inquired about the notification of area hunt clubs of the proposed amendment to prohibit discharge of a firearm within 200 feet from any structure owned by another without permission of the owner in a densely populated area. Deputy City Manager Roberts said that all of the hunt clubs that attended the community meeting on firearms regulations and provided their information will be advised of the recommendation. Council Member Barlow, on a motion seconded by Council Member Brown, moved to schedule to a public hearing to be held on April 21, 2010, to receive public comment on the proposed amendments to City Code Section 54-122, regarding the discharge of firearms in a densely populated area, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 7 City Council Regular Meeting April 7, 2010 MOTIONS Motion - A motion to schedule a public hearing to be held on April 21, 2010, to receive public comment on the proposed Fiscal Year 2010-2011 Operating and Capital Budget Council Member Brown, on motion seconded by Council Member Parr, moved to schedule a public hearing to be held on April 21, 2010, to receive public comment on the proposed Fiscal Year 2010-2011 Operating and Capital Budget, 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 April 21, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Brown, on motion seconded by Council Member Gardy, moved to schedule a Work Session on April 21, 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 Duane Hickman, 624 Mariners Way, Apartment A, Norfolk, representing self, sought assistance with a obtaining a building permit for single family dwelling on Donald Avenue. Emmanuel Myrick, 857 Haskins Drive, representing the West Side Civic League, expressed his appreciation to the City for the infrastructure repairs and improvements in the Boston community. 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: Virginia Municipal League Policy Committees: reappoint Council Member Leroy Bennett to the Community and Economic Development Committee; reappoint Council Member Joseph Barlow to the Environmental Quality Committee; reappoint Vice Mayor Curtis Milteer to the Finance Committee; reappoint Council Member Robert Barclay to the General Laws Committee; reappoint Council Member Charles Parr to the Human Development and Education Committee and reappoint Council Member Charles Brown to the Transportation Committee. Vice Mayor Milteer, on a motion seconded by Council Member Barclay, moved to nominate and appoint the aforementioned individuals, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 8 City Council Regular Meeting April 7, 2010 Council Member Bennett asked for information regarding Mr. Hickman’s concerns. Planning and Community Development Director Mills explained that the Unified Development Ordinance requires that unimproved rights-of-way providing access to subdivided lots in Pughsville be brought up to current street improvement standards prior to the construction of a single family dwelling. He added that the City could issue Mr. Hickman a building permit once those street improvements are constructed and accepted by the City. Referring to the presentation, Council Member Bennett asked about the status of existing single family dwellings on similar unimproved rights-of-way. Planning and Community Development Director Mills advised that the existing single family dwellings are grandfathered and exempt from the aforementioned regulations of the Unified Development Ordinance regarding street improvements. Council Member Barlow opined on the need to revise the provisions of Section 31-703. Council Member Barlow, on a motion seconded by Council Member Bennett, moved to refer Section 31-703 of the Unified Development Ordinance to the Planning Commission for review and recommendation, 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 Barlow reported on the ACCESS College Luncheon. Council Member Bennett reported on a drainage problem on Old College Drive. Council Member Bennett congratulated the Police Department on the recent Promotion Ceremony and the graduation of new police officers from the Police Academy. Vice Mayor Milteer expressed his appreciation to the Public Works Department for recent improvements at the railroad crossings at Saratoga Street and Hall Avenue. Council Member Parr reported on the Restaurant Week event. Council Member Parr offered his condolences to the family of the late T.C. Williams. Council Member Gardy congratulated the Police Department on the recent Promotion Ceremony and the graduation of new police officers from the Police Academy. Council Member Brown offered his condolences to the family of the late T.C. Williams Mayor Johnson congratulated the Police Department on the recent Promotion Ceremony and the graduation of new police officers from the Police Academy. Mayor Johnson reported on the recent ribbon cutting at East Point Plaza. Mayor Johnson offered his condolences to the family of the late T.C. Williams. 9 City Council Regular Meeting April 7, 2010 ADJOURNMENT Council Member Gardy, 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 9:40 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MAY 5, 2010 10