City Council Meeting Agendas

City Council Regular Meeting April 21, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, April 21, 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 21, 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 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 APRIL 21, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting April 21, 2010 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the March 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 Special Presentation - Proclamation in recognition of “Suffolk Crime Victims’ Rights Week” Mayor Johnson presented the aforementioned proclamation to Commonwealth’s Attorney C. Phillips Ferguson and Victim Witness Director Diane Bryant. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove the item from the Consent Agenda for separate action. Hearing none, Mayor Johnson advised City Council that a motion to approve the agenda in its entirety would be appropriate at this time. Council Member Barclay, on a motion seconded by Council Member Gardy, moved to adopt the agenda in its entirety, 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 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 FUNDS FROM THE ANNUAL SWAMP ROAR EVENT FOR THE DISMAL SWAMP INTERPRETIVE CENTER LOCATED AT THE SUFFOLK VISITORS CENTER 2 City Council Regular Meeting April 21, 2010 Vice Mayor Milteer, on a motion seconded by Council Member Gardy, 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 amending Section 54-122 of the Code of the City of Suffolk, to prohibit the discharge of firearms in portions of the City Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts offered a summary of the background information as printed in the official agenda The following speakers opined about the proposed ordinance: Tim Copeland, 2405 Cherry Grove Road, representing self. Peggy Ferguson, 693 Lake Meade Drive, representing self. Norman Wilkins, 1543 Manning Road, representing self. J.B. Varney, 135 Robin Lane, representing self. Hearing no additional speakers, the public hearing was closed. Vice Mayor Milteer asked about the legality of using a sawed-off shotgun. Police Chief Thomas Bennett explained that possessing or using a sawed-off shotgun is illegal, except for law enforcement and military personnel. Referring to the presentation, Council Member Brown called for an explanation of the proposed ordinance. Deputy City Manager Roberts advised that the City has received requests from residents to address the issue of hunting near residential areas and in a desire to balance the needs of public safety and hunters. 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, Brown, Gardy, Parr, Milteer and Johnson 6 NAYS: Council Members Barlow and Bennett 2 AN ORDINANCE AMENDING SECTION 54-122 OF THE CODE OF THE CITY OF SUFFOLK, TO PROHIBIT THE DISCHARGE OF FIREARMS IN PORTIONS OF THE CITY 3 City Council Regular Meeting April 21, 2010 Public Hearing - An ordinance granting a Conditional Use Permit Request C18-09, Ryan Construction, submitted by Whitney G. Saunders, Esquire, of Saunders and Ojeda, P.C., applicant, on behalf of Frank B. Nelms, Jr. and Catherine J. Nelms, property owners, to permit a contractors and trade shop with indoor operations and outdoor storage including heavy equipment and vehicles, in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Planning and Community Development Director D. Scott Mills gave a summation of the background information as printed in the official agenda. Whitney G. Saunders, 705 West Washington Street, Saunders and Ojeda, applicant, representing Frank B. Nelms, Jr. and Catherine J. Nelms, property owners, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Barclay, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions. Referring to the presentation, Council Member Bennett queried about any possible noise from the proposed facility and the notification of adjacent property owners. Mr. Saunders advised that the facility will be an outdoor storage of heavy equipment and vehicle therefore, there will be little noise. Planning and Community Development Director Mills added that all adjacent property owners were notified about the application for the proposed facility in accordance with State Code. Referring to the presentation, Council Member Parr inquired about the height of the fence around the proposed facility. Mr. Saunders said that the facility will have a six-foot fence. Council Member Barclay, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, by the following roll call: 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 CONTRACTORS AND TRADE SHOP (INCLUDING OUTDOOR STORAGE), LOCATED AT 2705 WILROY ROAD, TAX MAP NUMBER 26, PORTION OF PARCEL 244, C18-09 4 City Council Regular Meeting April 21, 2010 Public Hearing - An ordinance granting a Conditional Use Permit Request C19-09, submitted by Whitney G. Saunders, Esquire, of Saunders and Ojeda, P.C., on behalf of the YMCA of South Hampton Roads, applicant, on behalf of Hampton Roads Youth Center, Incorporated, property owner, to permit a child day care center, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Planning and Community Development Director Mills provided a review of the background information as printed in the official agenda. Whitney G. Saunders, 705 West Washington Street, Saunders and Ojeda, applicant, YMCA of South Hampton Roads, applicant, on behalf of Hampton Roads Youth Center, Incorporated, property owner. Hearing no additional speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Brown, moved to approve the ordinance, with conditions, by the following roll call: 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 CHILD DAY CARE CENTER FOR PROPERTY LOCATED AT 277 AND 275 KENYON ROAD, TAX MAP NUMBER 33, PARCELS 14 AND 14C-C19-09 Public Hearing - Proposed Operating and Capital Budget for Fiscal Year 2010-2011 and related Ordinances Utilizing a PowerPoint presentation, Budget Officer Anne Seward submitted a report of the background information as printed in the official agenda. Linda Bunch, 697 Wilroy Road, Executive Director, Suffolk Art League, called for additional funding for the Fine Arts Commission. The following individuals requested additional funding for the Nansemond-Suffolk Volunteer Rescue Squad: Kent Weber, 108 Lakeview Court, representing self. Robert Hundley, 1205 Mount Pleasant Drive, representing Nansemond-Suffolk Volunteer Rescue. Doug Ward, 329 Respass Wood Drive, representing self. Ethel Williams, 200 Gloucester Avenue, President, Education Association of Suffolk, spoke in support of the proposed ordinances as presented. Wendell Foster, 313 Page Place, Vice President, Education Association of Suffolk, spoke in support of the proposed ordinances as presented. 5 City Council Regular Meeting April 21, 2010 David Russell, 712 Jones Street, Board Member, ForKids Board of Directors, requested additional funding for the Suffolk House Homeless Shelter. Thaler McCormick, 1411 Ashland Circle, Norfolk, Virginia, Executive Director, ForKids, Incorporated, requested additional funding for the Suffolk House Homeless Shelter. Hearing no additional speakers, the public hearing was closed. Council Member Bennett asked about the number of children that are served at the Suffolk House Homeless Shelter. Ms. McCormick indicated that about 50-60% of the clients served are from Suffolk. Mayor Johnson called for information about the number of families currently staying at the Suffolk House Homeless Shelter. Ms. McCormick said that eight families are currently staying at the Suffolk House Homeless Shelter. Mayor Johnson queried about a waiting list for the Suffolk House Homeless Shelter. Ms. McCormick stated that the facility turned away about 75 people in March due to a lack of space. Council Member Bennett sought information about funding from the other localities whose residents receive services from the Suffolk House Homeless Shelter. Ms. McCormick explained that while Isle of Wight and Franklin have provided some funding in the past, both localities withdrew their financial support last fiscal year. Mayor Johnson requested background information on the change in the funding source for the Nansemond Suffolk Volunteer Rescue Squad from the Fire Department to the non-departmental agencies fund. City Manager Cuffee-Glenn reported that historically the City funded the Nansemond Suffolk Volunteer Rescue Squad via the Operating Budget of the Fire Department. However, the rescue squad decided to compete for funding with other non-profit agencies and applied for funds from the City non-departmental agencies fund. Council Member Barclay inquired about the location of the Grants Fund in the Proposed Operating Budget for Fiscal Year 2010-2011, specifically the proposed funding for the ForKids facility. City Manager Cuffee-Glenn replied that the fund’s information and all of the agencies receiving monies from that fund are on pages 146-148. Council Member Parr opined about the possibility of receiving additional Community Development Block Grant funds. City Manager Cuffee-Glenn advised there are occasions when the City does received additional funding of this type and if that occurs, eligible agencies can apply for funds. Vice Mayor Milteer opined about the feasibility of using the proposed travel and training funds from the proposed budget for the Office of the City Council/City Clerk to fund requests from non-profit agencies. Council Member Parr called for information regarding the needed funding for training for the staff of the Office of the City Council/City Clerk. City Clerk Dawley reported that $6,500 is the estimated amount needed for the staff training. 6 City Council Regular Meeting April 21, 2010 ORDINANCE Ordinance - An ordinance to authorize the transfer of title to property located at 1217 North Main Street to the Economic Development Authority of the City of Suffolk Economic Development Director Kevin Hughes gave a summary 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 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 TO AUTHORIZE THE TRANSFER OF TITLE TO PROPERTY LOCATED AT 1217 NORTH MAIN STREET TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SUFFOLK RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing to be held on May 5, 2010, to receive public comment on the proposed 2015 Consolidated Plan and Fiscal Year 2010-2011 Annual Action Plan Council Member Parr, on motion seconded by Council Member Gardy, moved to schedule a public hearing to be held on May 5, 2010, to receive public comment on the proposed 2015 Consolidated Plan and Fiscal Year 2010-2011 Annual Action Plan, 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 21, 2010 Motion - A motion to schedule a Work Session for May 5, 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 May 5, 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 Gardy, on a motion seconded by Council Member Parr, moved to direct City Manager Cuffee-Glenn to proceed with the necessary preparations to implement a four-day per week refuse collection program, 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 Parr reported on the recent ribbon cutting for the Obici Healthcare Foundation Building. Council Member Parr announced the upcoming Rotary First Citizen Reception in honor of Douglas Naismith. Council Member Gardy expressed his appreciation to the Public Works Department. Council Member Brown announced the upcoming State of the City presentation. Council Member Brown thanked the Public Works Department. Council Member Barclay reported on the Bennett’s Creek Little League Opening Day Ceremony and the Pilot Club of Suffolk Annual Civic Night Awards Program and Reception. Council Member Barlow reported on recent meetings of the Hobson and Chuckatuck-Oakland-Sandy Bottom Civic Leagues. Council Member Barlow announced that he read to a second grade class at Oakland Elementary School. Council Member Bennett expressed his sympathy to the family of the late Addie Ward. 8 City Council Regular Meeting April 21, 2010 Council Member Bennett congratulated the honorees recognized at the Pilot Club of Suffolk Annual Civic Night Awards Program and Reception. Council Member Bennett thanked City Administration for their recent efforts to address the odor in the Nansemond Parkway-Wilroy Road area. Council Member Bennett announced that he received a petition from residents in Northern Suffolk for public transportation services and that he would be submitting the petition to City Clerk Dawley in the event that any member of City Council wished to receive a copy. Vice Mayor Milteer reported on the upcoming Whaleyville Community Day. Vice Mayor Milteer asked City Manager Cuffee-Glenn to investigate a water leak at 307 County Street. Vice Mayor Milteer opined about the conditions at Hall Avenue and Culloden Street. Vice Mayor Milteer opined about the possibility that Hampton Roads Transit will be increasing fares. Mayor Johnson announced the upcoming Rotary First Citizen Reception in honor of Douglas Naismith. Mayor Johnson reported on the recent ribbon cutting for the Obici Healthcare Foundation Building. Mayor Johnson congratulated the Bennett’s Creek Little League and the honorees recognizes at the Pilot Club of Suffolk Annual Civic Night Awards Program and Reception. Mayor Johnson expressed her appreciation to the Public Works Department for recent ditch cleaning efforts. Mayor Johnson encouraged residents to sign up for curbside recycling services. 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: MAY 19, 2010 9