City Council Meeting Agendas

City Council Regular Meeting August 18, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, August 18, 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 Boy Scout Troop 16, Driver, and Boy Scout Troop 30, Holland, offered the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of August 18, 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 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 AUGUST 18, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting August 18, 2010 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Brown, moved to approve the minutes from the July 21, 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. Vice Mayor Milteer, 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 The following individuals spoke in support of Item #13 - an ordinance amending Chapter 86, Traffic and Vehicles, of the Code of the City of Suffolk, Virginia, by adding Section 86-604 concerning designated public streets approved for golf cart use within the Crittenden and Eclipse communities Richard Erdt, 1762 Bleakhorn Road, representing self. Chris Nierman, 8940 Eclipse Drive, representing self. Sal Simonetti, Jr., 1816 Bleakhorn Road, representing self. Nancy Strickland, 1566 White Dogwood Trail, was not present when called. Kathy Darden, 1776 Bleakhorn Road, representing self. 2 City Council Regular Meeting August 18, 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 THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE SUFFOLK VICTIM/WITNESS ASSISTANCE PROGRAM Consent Agenda Item #8 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE ECONOMIC DEVELOPMENT AUTHORITY OF SUFFOLK, VIRGINIA AND SUBURBAN COMMONS, LLC Consent Agenda Item #9 - A RESOLUTION REQUESTING THE GOVERNOR OF THE COMMONWEALTH OF VIRGINIA TO DECLARE THE CITY OF SUFFOLK A STATE OF EMERGENCY FOR AGRICULTURAL DISASTER AND TO REQUEST FEDERAL AGRICULTURAL DISASTER RELIEF FOR FARMERS Consent Agenda Item #10 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDFILL GAS RIGHTS EASEMENT AND LEASE AGREEMENT Consent Agenda Item #11 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HAMPTON ROADS REGIONAL SUSTAINABILITY CONSORTIUM MEMORANDUM OF UNDERSTANDING Council Member Bennett called for a report on Consent Agenda Item #10 - an ordinance authorizing the City Manager to execute a Landfill Gas Rights Easement and Lease Agreement. Council Member Barlow requested an overview on Consent Agenda Item #9 - a resolution requesting the Governor of the Commonwealth of Virginia to declare the City of Suffolk a state of emergency for agricultural disaster and to request federal agricultural disaster relief for farmers. Referring to Consent Agenda Item #9, Planning and Community Development Director D. Scott Mills summarized the background information as printed in the official agenda. Referring to Consent Agenda Item #10, City Attorney Roettger explained the background information as printed in the official agenda. Vice Mayor Milteer, 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 There were no items under this portion of the agenda. 3 City Council Regular Meeting August 18, 2010 ORDINANCES Ordinance - An ordinance amending Chapter 86, Traffic and Vehicles, of the Code of the City of Suffolk, Virginia, by adding Section 86-604 concerning designated public streets approved for golf cart use within the Crittenden and Eclipse communities Public Works Director Eric Nielsen introduced Traffic Engineer Robert Lewis. Utilizing a PowerPoint presentation, Traffic Engineer Lewis offered a summary of the background information as printed in the official agenda. He also offered a summary of the background information on the following item as printed in the official agenda: an ordinance amending Chapter 86, Traffic and Vehicles, of the Code of the City of Suffolk, Virginia, by adding Section 86-604 concerning designated public streets approved for golf cart use within the Chatham Woods subdivision. Referring to the presentation, Council Member Gardy sought clarification about any type of State regulation that required an annual review of each area that obtains authorization to operate golf carts on a public street. Traffic Engineer Lewis indicated that while this was not a State mandated requirement, the proposed ordinances would require a review one year after adoption. Referring to the presentation, Council Member Bennett queried about the nature of the accidents referenced in the background information as printed in the official agenda. Major Stephanie Burch advised that based on the nature of the areas that were studied, she would classify the accidents as minor. Major Burch also said that she was not personally involved with the preparation of the background information. Referring to the presentation, Council Member Bennett asked Major Burch for her opinion of the proposed ordinances. City Manager Cuffee-Glenn reported that Police Chief Thomas Bennett was involved in the preparation of the proposed ordinances, and he concurs with the recommendation made by the Public Works Department. Referring to the presentation, Council Member Parr inquired about the inclusion of age in accident reports prepared by the Police Department. Major Burch stated that the ages of any persons involved in an accident are included in an accident report. Referring to the presentation, Council Member Parr requested an explanation of the penal code charges in the event that a person is found operating a golf cart without a driver’s license. Major Burch said that an individual operating a golf cart without a valid driver’s license would be charged for the appropriate violation in accordance with the law. Referring to the presentation, Council Member Parr opined about the enforceability of driving under the influence of alcohol or other drugs while operating a golf cart on a public street. Major Burch indicated that those found to be operating a golf cart under the influence of alcohol or other drugs would be charged accordingly. Council Member Bennett inquired about the ability to revoke permission for the operation of golf carts on public streets authorized for such use, should safety concerns arise prior to the one year annual review. City Attorney Roettger advised that the permission can be rescinded any time. 4 City Council Regular Meeting August 18, 2010 Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance as presented. City Clerk Dawley advised City Council that the body of the ordinance amending Chapter 86, Traffic and Vehicles, of the Code of the City of Suffolk, Virginia, by adding Section 86-604 concerning designated public streets approved for golf cart use within the Crittenden and Eclipse communities also includes the streets requested for the operation of golf cart within the Chatham Woods subdivision. Council Member Parr, on an amended motion seconded by Council Member Gardy, moved to approve an ordinance amending Chapter 86, Traffic and Vehicles, of the Code of the City of Suffolk, Virginia, by adding Section 86-604 concerning designated public streets approved for golf cart use within the Chatham Woods, Crittenden, and Eclipse communities, 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 CHAPTER 86, TRAFFIC AND VEHICLES, OF THE CODE OF THE CITY OF SUFFOLK, VIRGINIA, BY ADDING SECTION 86-604 CONCERNING DESIGNATED PUBLIC STREETS APPROVED FOR GOLF CART USE WITHIN THE CHATHAM WOOODS, CRITTENDEN, AND ECLIPSE COMMUNITIES Ordinance - An ordinance amending Chapter 86, Traffic and Vehicles, of the Code of the City of Suffolk, Virginia, by adding Section 86-604 concerning designated public streets approved for golf cart use within the Chatham Woods subdivision This matter was addressed in the previous action by City Council, and no additional action was needed. Ordinance - An ordinance amending Section 86-291 of the Code of the City of Suffolk restricting through truck traffic on Governors Pointe Drive, Hastings Place and Botetourt Lane Utilizing a PowerPoint presentation, Public Works Director Nielsen gave a synopsis of the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Gardy, move 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 SECTION 86-291 OF THE CODE OF THE CITY OF SUFFOLK RESTRICTING THROUGH TRUCK TRAFFIC ON GOVERNORS POINTE DRIVE, HASTINGS PLACE AND BOTETOURT LANE RESOLUTIONS There were no items under this portion of the agenda. 5 City Council Regular Meeting August 18, 2010 STAFF REPORT Staff Report - United States Joint Forces Command (USJFCOM) Update Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes provided an update on the aforementioned topic. He also distributed a draft resolution on this matter for City Council’s consideration. Referring to the presentation, Mayor Johnson asked City Clerk Dawley to present the proposed resolution. Referring to the distributed handout, City Clerk Dawley read the following resolution for City Council’s consideration: a resolution requesting that President Barack Obama reject the recommendation of the Secretary of Defense regarding the proposed closure of the United States Joint Forces Command (USJFCOM) Council Member Barclay, on a motion seconded by Council Member Bennett, 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 REQUESTING THAT PRESIDENT BARACK OBAMA REJECT THE RECOMMENDATION OF THE SECRETARY OF DEFENSE REGARDING THE PROPOSED CLOSURE OF THE UNITED STATES JOINT FORCES COMMAND (USJFCOM) Staff Report - Proposed Recovery Zone Update Utilizing a PowerPoint presentation, Economic Development Director Hughes submitted a report on the aforementioned item. He also advised City Council that it was the recommendation of City Administration to schedule a public hearing on the establishment of recovery zones at the September 1, 2010, City Council meeting. Council Member Parr, on a motion seconded by Council Member Brown, moved to schedule a public hearing at the September 1, 2010, City Council meeting to receive public comment on the establishment of proposed recovery zones, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 6 City Council Regular Meeting August 18, 2010 MOTIONS Motion - A motion to schedule a Work Session for September 1, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor Vice Mayor Milteer, on motion seconded by Council Member Gardy, moved to schedule a Work Session on September 1, 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 Thomas Anthony, 130 Ashford Drive, was not present when called. Tamatha Anthony, 130 Ashford Drive, was not present when called. William Newsome, 910 East Washington Street, representing self, expressed concerns about truck traffic on East Washington Street. Tim Holland, 3665 Deerfield Drive, representing the Hobson Civic League, spoke in opposition to the Historic Hobson Village Reunion. The following individuals spoke in support of the Historic Hobson Village Reunion: Mary Hill, 8316 Crittenden Road, representing self. Marie Hill, 8316 Crittenden Road, representing self. Portia Bryant, 3319 Clover Meadows Drive, representing the Focus Center. John Thrower, 1757 Saw Mill Point Road, representing self, spoke in opposition to the Historic Hobson Village Reunion. Alexander Denson, 5928 Bradford Drive, representing self, spoke in opposition to the Historic Hobson Village Reunion. J.B. Varney, 135 Robin Lane, representing self, opined about an appointment with City Manager Cuffee-Glenn. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley advised that there were no additions to tonight’s agenda. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a report on the proposed site for a new elementary school in the southern part of the City. 7 City Council Regular Meeting August 18, 2010 Council Member Gardy, on a motion seconded by Council Member Parr, move to direct City Manager Cuffee-Glenn to forward a site recommendation for the construction of the proposed elementary school in the southern part of the City to the School Board. Referring to the presentation, Council Member Barclay called for an explanation for the proposed location as it relates to the City’s land use policies. Planning and Community Development Director Mills advised that the proposed site is in accordance with the City’s Comprehensive Plan. Council Member Gardy, on a motion seconded by Council Member Parr, move to direct City Manager Cuffee-Glenn to forward a site recommendation to the School Board for the construction of the proposed 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 Members Barlow, Bennett, and Milteer 3 ANNOUNCEMENTS AND COMMENTS Vice Mayor Milteer reported on a recent meeting of the NAACP regarding the prevention of youth violence. Council Member Bennett commended the Clean Communities Commission on their recent recycling event. Council Member Bennett reported on a recent meeting of the NAACP regarding the prevention of youth violence. Council Member Bennett congratulated the new members of the Suffolk Police Department. Council Member Bennett opined about National Night Out. Council Member Barlow announced his attendance at a recent Virginia Municipal League Environmental Policy Committee meeting. Council Member Barlow recognized the new members of the Suffolk Police Department. Council Member Barlow opined about National Night Out. Council Member Barclay reported on the Annual Boy Scout Jamboree. Council Member Parr thanked City Manager Cuffee-Glenn for her efforts as it relates to the recent announcement of the possible closing of the United States Joint Forces Command. Council Member Parr opined about National Night Out. Council Member Gardy reported on a recent meeting of members of City Administration and local civic organizations about regulations related to the rental and use of party halls and associated enforcement issues. 8 City Council Regular Meeting August 18, 2010 Council Member Gardy commended Kilby Shores and Southwestern Elementary Schools on meeting the federal Adequate Yearly Progress benchmarks. Council Member Gardy opined about National Night Out. Council Member Brown asked City Manager Cuffee-Glenn to prepare a report on truck traffic on East Washington Street. Council Member Brown reported on a recent meeting of the NAACP regarding the prevention of youth violence. Council Member Brown opined about National Night Out. Media and Community Relations Director Deborah George advised there will be a number of awards presented to the communities who participated in National Night Out. Mayor Johnson opined about National Night Out. Mayor Johnson reported on the recent ribbon cutting for the new Kings Fork Public Safety Center. Mayor Johnson congratulated the recent graduates of the Hampton Roads Criminal Justice Training Academy. Mayor Johnson called for an update on the Suffolk Initiative on Youth and related programs. Mayor Johnson encouraged residents to sign up for curbside recycling. 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 10:21 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTEMBER 1, 2010 9