City Council Meeting Agendas

City Council Regular Meeting September 15, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, September 15, 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 Council Member Bennett 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 September 15, 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 SEPTEMBER 15, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 15, 2010 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the September 1, 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 – 33rd Annual Peanut Fest Tourism Manager Lynnette White introduced Charles Gregory, Co-Chair, Peanut Fest 2010. Mr. Gregory offered a presentation on the aforementioned item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson announced that there was an addition to the agenda. City Manager Cuffee-Glenn presented the following item: a resolution supporting the Southeastern Public Service Authority – Suffolk Energy Partners Landfill Gas Project Mayor Johnson asked if any members of City Council wished to remove any items from the Consent Agenda for separate action. Hearing no requests for removal of any Consent Agenda items, Mayor Johnson advised that a motion was in order at this time to add the aforementioned resolution and adopt the agenda in its entirety. Council Member Parr, on a motion seconded by Council Member Brown, moved to amend the agenda to add the aforementioned resolution and adopt the remaining 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 under this portion of the agenda. 2 City Council Regular Meeting September 15, 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 FOR THE PURCHASE OF SAFETY EQUIPMENT FROM THE VIRGINIA MUNICIPAL LEAGUE (VML) INSURANCE RISK MANAGEMENT GRANT PROGRAM Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE A GRANT FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES (DMV) HIGHWAY SAFETY PROGRAM FOR THE SUFFOLK POLICE DEPARTMENT Consent Agenda Item #9 - A RESOLUTION TO ACCEPT AND APPROPRIATE AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FROM THE UNITED STATES DEPARTMENT OF JUSTICE Council Member Barclay, 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 granting a Comprehensive Plan Amendment, CPA2-10, Hampton Roads Executive Airport, submitted by Whitney G. Saunders, Esq., of Saunders and Ojeda, PC, applicant, on behalf of Steven I. Fox and David A. Gibbs, of Virginia Aviation Associates, LLC, property owners, to amend the 2026 Comprehensive Plan for the City of Suffolk, from Rural Agricultural Conservation to Suburban for approximately 162.45 acres in order to permit airport development City Manager Cuffee-Glenn recommended that City Council combined the staff presentations, conduct the public hearings, and have three separate votes on the following items: an ordinance granting a Comprehensive Plan Amendment, CPA2-10; an ordinance granting Rezoning Request, RZ6-09(Conditional), and an ordinance granting a Conditional Use Permit Request, C15-09. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the aforementioned recommendations as presented by City Manager Cuffee-Glenn regarding ordinances related to Comprehensive Plan Amendment CPA2-10; Rezoning Request, RZ6-09 and Conditional Use Permit C15-09, 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 September 15, 2010 Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills gave a summation of the background information as printed in the official agenda related to an ordinance granting a Comprehensive Plan Amendment, CPA2-10; an ordinance granting Rezoning Request, RZ6-09(Conditional), and an ordinance granting a Conditional Use Permit Request, C15-09. Public Works Director Eric Nielsen offered supplementary information in relation to traffic impacts. The following individuals spoke in support of the proposed ordinances: Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, applicant, representing behalf of Steven I. Fox and David A. Gibbs, of Virginia Aviation Associates, LLC, property owners. David Hynes, 2806 Lake Cahoon Point, representing self. Heshqam Oubari, 3003 Waterjump Crescent, representing self. George Blair, 4124 Mockingbird Lane, representing self. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, applicant, representing behalf of Steven I. Fox and David A. Gibbs, of Virginia Aviation Associates, LLC, property owners. Arthur Bredemeyer, 1117 Pine Valley Drive, representing Airport Commission, opined about the ordinances as they relate to the Suffolk Executive Airport. Clifton H. Winborne, 1554 Airport Road, representing self, spoke in opposition to the ordinances. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, applicant, representing Steven I. Fox and David A. Gibbs, of Virginia Aviation Associates, LLC, property owners, spoke in support of the ordinances. Mr. Saunders also requested the deletion of the following condition: This Conditional Use Permit permits only those improvements depicted as Phase 1 on the approved Airport Layout Plan (“the Airport”), dated March 2006 and revised November 2009 as referenced in Exhibit “A” and those improvements specified in Exhibit “B.” Additional improvements to the Airport shall occur only pursuant to an amendment to this Conditional Use Permit providing for adequate access. An intersection safety study/traffic impact analysis shall be submitted with the application for amendment to the required conditional use permit. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Gardy asked whether the actions would impact the Unified Development Ordinance. Planning and Community Development Director Mills advised that these actions would change the city’s Official Zoning Map if approved. Referring to the presentation, Council Member Gardy inquired about the tax status of the proposed improvements. Planning and Community Development Director Mills advised that to the best of his knowledge the improvements will be taxable by the city. 4 City Council Regular Meeting September 15, 2010 Referring to the presentation, Mayor Johnson requested clarification on the nature of the applications. City Attorney Roettger advised that the three applications are about land use issues and consideration should be restricted to that topic. Referring to the presentation, Council Member Barclay asked whether approval of the applications would put the City’s 2026 Comprehensive Plan into compliance with state law. City Attorney Roettger affirmed this view. Referring to the presentation, Vice Mayor Milteer asked about the possible benefits to Suffolk if the applications are approved. Planning and Community Development Director Mills said that Suffolk would have the ability to examine the airport’s impact on traffic patterns impacting the city. Council Member Barclay, on a motion seconded by Council Member Gardy, moved to approve the ordinance granting Comprehensive Plan Amendment CPA2-10, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN AMENDMENT FOR 2026 FOR THE PURPOSE OF PROVIDING FOR AIRPORT DEVELOPMENT ON CERTAIN PROPERTY IDENTIFIED AS ZONING MAP 28, PARCEL 2A – CPA2-10 Council Member Barclay, on a motion seconded by Council Member Gardy, moved to approve the ordinance granting Rezoning Request RZ6-09, with conditions, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK FOR PROPERTY ON ZONING MAP 28, A PORTION OF PARCEL, 2A, RZ6-09 Council Member Barclay, on a motion seconded by Council Member Brown, approve the ordinance granting Conditional Use Permit Request, C15-09 and to delete the following condition (a): This Conditional Use Permit permits only those improvements depicted as Phase 1 on the approved Airport Layout Plan (“the Airport”), dated March 2006 and revised November 2009 as referenced in Exhibit “A” and those improvements specified in Exhibit “B.” Additional improvements to the Airport shall occur only pursuant to an amendment to this Conditional Use Permit providing for adequate access. An intersection safety study/traffic impact analysis shall be submitted with the application for amendment to the required conditional use permit. Referring to the motion, Council Member Parr inquired about City Council’s ability to include condition (a). City Attorney Roettger advised that if it is the desire of City Council, condition (a) may be included. 5 City Council Regular Meeting September 15, 2010 Mayor Johnson asked whether the City of Chesapeake would have to review traffic impact once the Hampton Roads Executive Airport begins its second phase of expansion. Planning and Community Development Director Mills advised that the airport already has a conditional use permit; therefore, no additional action would be required by the City of Chesapeake. Council Member Parr opined about any previous inter-jurisdictional land use applications. Planning and Community Development Director Mills advised that the City adjudicated inter-jurisdictional project applications, such as the Lakeview Medical Center, but he was unaware of a multi-locality conditional use permit. Vice Mayor Milteer asked for clarification of the motion. Council Member Barclay advised the motion would delete condition (a) and approve the remainder of the ordinance as presented. Vice Mayor Milteer requested a summary of the condition (a) as included in the proposed motion. Planning and Community Development Director Mills reiterated the background information as printed in the official agenda. Council Member Barclay, on a motion seconded by Council Member Brown, moved to approve the ordinance granting Conditional Use Permit Request, C15-09 and to delete condition (a), 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 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR RUNWAY IMPROVEMENTS TO THE HAMPTON ROADS EXECUTIVE AIRPORT ON PROPERTY LOCATED NORTH OF PORTSMOUTH BOULEVARD AND WEST OF THE CITY OF CHESAPEAKE CITY LIMITS, ZONING MAP NUMBER 28, A PORTION OF PARCEL 2A, C15-09 AS AMENDED Public Hearing - An ordinance granting Rezoning Request, RZ6-09(Conditional), Hampton Roads Executive Airport submitted by Whitney G. Saunders, Esq., of Saunders and Ojeda, PC, applicant, on behalf of Steven I. Fox and David A. Gibbs, of Virginia Aviation Association, LLC, property owners, for a change in zoning from A, Agricultural Zoning District, to M-1, Light Industrial (Conditional) Zoning District This item was addressed concurrently with the public hearing for the ordinance granting Comprehensive Plan Amendment, CPA2-10 and an ordinance granting a Conditional Use Permit Request, C15-09. Public Hearing - An ordinance granting a Conditional Use Permit Request, C15-09, Hampton Roads Executive Airport, submitted by Whitney G. Saunders, Esq., of Saunders and Ojeda, PC, applicant, on behalf of Steven I. Fox and David A. Gibbs, of Virginia Aviation Associates, LLC, property owners, to permit runway improvements to the Hampton Roads Executive Airport, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance This item was addressed concurrently with Comprehensive Plan Amendment, CPA2-10 and an ordinance granting Rezoning Request, RZ6-09(Conditional). 6 City Council Regular Meeting September 15, 2010 Public Hearing - An ordinance granting a Conditional Use Permit, C2-10, submitted by Jeffrey A. Paxton of Holland Sand Pit, LLC, on behalf of South Quay Sand and Gravel, LLC, property owner, to permit a surface mining operation (borrow pit) in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a report regarding the background information as printed in the official agenda. Fred Taylor, Stallings and Bischoff, 429 North Main Street, representing Jeffrey A. Paxton of Holland Sand Pit, LLC, on behalf of South Quay Sand and Gravel, LLC, property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, with conditions, 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 GRANTING A CONDITIONAL USE PERMIT TO OPERATE A SURFACE MINING OPERATION (BORROW PIT) ON PROPERTY LOCATED AT THE INTERSECTION OF SOUTH QUAY ROAD AND GATES ROAD, ZONING MAP NUMBER 49, PARCELS 40 AND 40B, C2-10 Public Hearing - An ordinance granting a Conditional Use Permit Request C6-10, submitted by E. Lee Turner, applicant, on behalf of Divine Family Mortuary, Incorporated., property owner, to permit a funeral home, in accordance with 31-306 and 31-406 of the Unified Development Ordinance Council Member Gardy announced that he would not participate in the deliberations or vote on this item as he was previously involved in the acquisition and financing of this property. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered an overview of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, representing E. Lee Turner, applicant, on behalf of Divine Family Mortuary, Incorporated, property owner, spoke in support of the ordinance. E. Lee Turner, no address given, applicant, on behalf Divine Family Mortuary, Incorporated, property owner, spoke in support of the proposed ordinance. Gregory Ash, 2616 Lindora Road, Virginia Beach, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 7 City Council Regular Meeting September 15, 2010 Council Member Brown, on a motion seconded by Council Member Parr, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Mayor Johnson called for a review of the conditions. Planning and Community Development Director Mills restated the conditions as printed in the background information as printed in the official agenda. Referring to the presentation, Council Member Barclay opined about the applicant’s compliance with the City’s Unified Development Ordinance as it relates parking for the proposed facility. Planning and Community Development Director Mills indicated that staff is satisfied that the applicant has met the City’s parking requirements. Council Member Brown, on a motion seconded by Council Member Parr, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Parr, Milteer and Johnson 7 NAYS: None 0 ABSTAIN: Council Member Gardy 1 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR FUNERAL HOME FOR PROPERTY LOCATED AT 9428 SOUTH QUAY ROAD, ZONING MAP 49, PARCEL 5C, C6-10 Public Hearing - An ordinance granting a Subdivision Variance Request V4-10, submitted by H. Wayne Courtney, L.S., of Courtney and Associates, P.C., on behalf of Wal-Mart Stores, Inc., property owner, requesting a variance from Section 31-605 (g)(1), Frontage on a Fully Dedicated Public Street Required, of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a summation of the background information as printed in the official agenda. H. Wayne Courtney, 98 Kilby Shores Drive, Courtney and Associations, P.C., on behalf of Wal-Mart Stores, Inc., property owner, spoke in support of the proposed ordinance. Robert Kohout, 821 Normandy Drive, representing self, opined about the proposed ordinance as it relates to hunting on the parcel. H. Wayne Courtney, 98 Kilby Shores Drive, Courtney and Associations, P.C., on behalf of Wal-Mart Stores, Inc., property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Parr asked about the location of the parcel. Planning and Community Development Director Mills referenced the parcel and indicated that its alternate access points are via water. Referring to the presentation, Council Member Parr inquired on the current zoning of the property. Planning and Community Development Director Mills replied that the property is zoned B-2. 8 City Council Regular Meeting September 15, 2010 Referring to the presentation, Council Member Parr opined about the parcel’s taxation classification. City Assessor Sidney Daughtrey advised that the main part of Wal-Mart is assessed as B-2, but the marshland in question is lower rate and approving conservation easement will have negligible impact on taxes. Council Member Parr, on a motion seconded by Council Member Barclay, moved to approve the ordinance, with conditions, 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 GRANTING A VARIANCE FROM THE REQUIREMENT OF THE UNIFIED DEVELOPMENT ORDINANCE AS TO PROPERTY LOCATED ON NORTH MAIN STREET AND IDENTIFIED AS ZONING MAP 35, PARCEL 40, V1-10 ORDINANCES Ordinance - An ordinance granting a Rezoning Request RZ21B-94 (Conditional), Hillpoint Farms Parcel N-2, submitted by Brian Large of WPL, Inc., on behalf of Parker Crossing, L.L.C., property owner, to amend the approved proffered conditions associated with the Hillpoint Farms Master Land Use Plan to change the foundation requirement to allow 18-inch raised slabs or a crawl space for all new dwelling units Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Parr queried about any potential structural issues with the use of raised slabs or crawl spaces as included in the proposed ordinance. Planning and Community Development Director Mills replied that staff had no concerns about any potential structural issues. Referring to the presentation, Council Member Barlow sought clarification about the type of slab under consideration in the proposed ordinance. Planning and Community Development Director Mills confirmed that 18-inch raised slabs are included in the proposed ordinance. Referring to the presentation, Mayor Johnson opined about the use of current use of crawl spaces in dwellings in the Hillpoint Farms subdivision. Planning and Community Development Director Mills reported that crawl spaces are not exclusively used in the Hillpoint Farms subdivision. Council Member Parr, on a motion seconded by Council Member Gardy, move to approve the ordinance as presented, with conditions, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, and Johnson 7 NAYS: None (Vice Mayor Milteer was out of the chamber at the time of the vote.) 0 9 City Council Regular Meeting September 15, 2010 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY HILLPOINT FARMS PLANNED DEVELOPMENT, RIVER BLUFF AT HILLPOINT SUBDIVISION (PARCEL N-2), ZONING MAP 26F(2), PARCEL N*2, RZ21B-94 (CONDITIONAL) RESOLUTIONS Resolution - A resolution approving the issuance of Industrial Revenue Bonds by the Economic Development Authority of the City of Suffolk on behalf of GPC Green Energy, LLC Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes submitted a summary of the background information as printed in the official agenda. He also presented the item that was added earlier under Removal of Items from the Consent Agenda and Adoption of the Agenda: A resolution supporting the Southeastern Public Service Authority and Suffolk Energy Partners landfill gas project. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the aforementioned resolutions, as presented. Mayor Johnson asked the City Clerk to read the titles of the resolutions under consideration in the motion. City Clerk Dawley presented the following resolutions: (1) A resolution approving the issuance of Industrial Revenue Bonds by the Economic Development Authority of the City of Suffolk on behalf of GPC Green Energy, LLC; and (2) A resolution supporting the Southeastern Public Service Authority and Suffolk Energy Partners Landfill Gas Project. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the aforementioned resolutions, 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 APPROVING THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SUFFOLK ON BEHALF OF GPC GREEN ENERGY, LLC A RESOLUTION SUPPORTING THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY AND SUFFOLK ENERGY PARTNERS LANDFILL GAS PROJECT STAFF REPORT Staff Report - Nansemond Parkway Widening Project Update Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen offered a status report on the above referenced item including the following options for fully funding the project from these indentified sources: transferring funding from Holland/Whaleyville Elementary School project - $1,442,000; Kings Highway - $1,000,000 and Holland Road Route 58 Project - $600,000. 10 City Council Regular Meeting September 15, 2010 Referring to the presentation, Council Member Parr inquired about the feasibly of replacing funding in the aforementioned projects, should the bids for the Nansemond Parkway Project come in lower than anticipated. City Manager Cuffee-Glenn advised that City Council would have that option, should the bids come in lower than anticipated. Referring to the presentation, Council Member Parr sought clarification of the recommendation. City Manager Cuffee-Glenn reported that she endorsed transferring monies from these projects to the Nansemond Parkway Widening Project for completion of Phase I: Holland/Whaleyville Elementary School project - $1,442,000; Kings Highway - $1,000,000 and Holland Road Route 58 Project - $600,000. . Referring to the presentation, Council Member Barclay asked if this action would be an amendment to the Capital Improvement Plan. City Manager Cuffee-Glenn advised it would not be an amendment to plan. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the aforementioned projects, should the bids for the Nansemond Parkway Referring to the presentation, Council Member Barlow queried about the $1,000,000 currently designated for the Kings Highway Bridge. City Manager Cuffee-Glenn explained that at the recommendation of Congressman J. Randy Forbes, City Council designated $1,000,000 for replacement of the Kings Highway Bridge in an effort to attract a private investor. She added that to date, no private sector investor has expressed interest in the project. Referring to the presentation, Council Member Brown requested an explanation about the funding for the new elementary school in the southern part of the city, should City Council allocate the monies currently identified for the this project to the completion of Nansemond Parkway. City Manager Cuffee-Glenn stated that to date, no site has been selected for the new school. She further explained that if the City does not find a funding source to complete the Nansemond Parkway project soon, the Virginia Department of Transportation will eliminate its funding for the project. City Manager Cuffee-Glenn concluded that when a new site is selected, City Administration would come back to City Council regarding funding options for the new elementary school in the southern part of the City. Council Member Parr, on a motion seconded by Council Member Gardy, moved to transfer funding from Holland/Whaleyville Elementary School project - $1,442,000; Kings Highway - $1,000,000 and Holland Road Route 58 Project - $600,000 to the Nansemond Parkway Widening Project, 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 – Top 100 Best Small Cities in America Sign Update Utilizing a PowerPoint presentation, Media and Community Relations Director Deborah George and Public Works Director Nielsen provided an update on the aforementioned topic. 11 City Council Regular Meeting September 15, 2010 Staff Report - Mattanock Town Update Utilizing a PowerPoint presentation, Deputy City Manager Roberts gave a report on the aforementioned item. Vice Mayor Milteer, on a motion seconded Council Member Parr, moved to schedule a public hearing at the November 17, 2010, City Council meeting to receive public comment on the disposition of property at Lone Star Lakes Lodge for the proposed Mattanock Town project, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 MOTIONS Motion - A motion to schedule a Work Session for October 6, 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 October 6, 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 William Newsome, 910 East Washington Street, representing self, expressed concerns about truck traffic on East Washington Street. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Media and Community Relations Director Deborah George provided the following information matters: the opening of Prentis Street; new administrative offices for Parks and Recreation Department; the new film series at Constant’s Wharf Park; the National Take-Back Initiative Day sponsored by the Drug Enforcement Administration Richmond District, Virginia State Police and Suffolk Police Department; and upcoming road closure on East Washington Street. Council Member Bennett asked City Manager Cuffee-Glenn for a report on the privatization of the City’s cemeteries operations and the perpetual care fund. Council Member Bennett reported on the recent Taste of Suffolk. 12 City Council Regular Meeting September 15, 2010 Council Member Bennett called for an overview of the City’s curfew law. Police Chief Thomas Bennett presented the following information: the City Code makes it unlawful for any minor under 16 to be out between the hours of 11:00 p.m. and 5:00 a.m., and it is unlawful for any minor under 18 to be out between the hours of 12:00 midnight and 5:00 a.m. unless such minor is accompanied by a parent or there is an emergency or other legitimate business with a written statement from parent or guardian. Council Member Bennett requested that this information be made available on the Municipal Channel. Police Chief Bennett replied that he could work with the Media and Community Relations Department on this matter. Council Member Bennett opined about the odor at the Southeastern Public Service Authority. Council Member Barlow called for information on the sidewalks in the Hobson/Sandy Bottom area. Council Member Barclay reported on a recent meeting of the Hampton Roads Chamber of Commerce Joint Forces Command Task Force. Council Member Barclay commended staff for their efforts on the recent Taste of Suffolk. Vice Mayor Milteer complimented those who worked on the recent Taste of Suffolk. Vice Mayor Milteer reported on an erosion issue on Whaleyville Boulevard. Vice Mayor Milteer opined about the need to address the issue of youth violence. Council Member Gardy reported on the status of the Centerbrooke project. Council Member Gardy commended staff for their efforts on the recent Taste of Suffolk. Council Member Brown reported on the recent Taste of Suffolk. Council Member Brown announced the upcoming L.D. Britt Scholarship Fund Dinner. Mayor Johnson announced the upcoming Mutt Strut and Peanut Fest. Council Member Bennett congratulated Junius Jackson on his recent retirement from the Sheriff’s Department. 13 City Council Regular Meeting September 15, 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 9:45 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 6, 2010 14