City Council Meeting Agendas

City Council Regular Meeting January 18, 2012 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, January 18, 2012, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Charles F. Brown, Vice Mayor Robert C. Barclay IV Leroy Bennett Michael D. Duman Jeffrey L. Gardy Curtis R. Milteer, Sr. Charles D. Parr, Sr. Selena Cuffee-Glenn, City Manager C. Edward Roettger, 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 Milteer provided the Invocation and the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of January 18, 2012, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Parr, moved that the resolution be adopted, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JANUARY 18, 2012, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting January 18, 2012 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the December 21, 2011, Work Session and Regular Meeting, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - 2011 National Night Out Video and Award Utilizing a video presentation, Police Chief Thomas Bennett and Interim Media and Community Relations Director Diana Klink gave a report on the above referenced item and presented an award to Mayor Johnson. Mayor Johnson recognized members of Boy Scout Troop #1 who were in attendance. 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 no requests for removal of any items, Mayor Johnson advised that a motion was in order at this time to adopt the remaining agenda in its entirety. Council Member Gardy, on a motion seconded by Council Member Duman, moved to adopt the remaining agenda, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AGENDA SPEAKERS There were no individuals registered to speak under this portion of the agenda. CONSENT AGENDA Consent Agenda Item #7 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FOR THE SUFFOLK DEPARTMENT OF SOCIAL SERVICES FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO CONTINUE A HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM Consent Agenda Item #8 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE HENRY A. RAWLES, JR. TRUST FOR THE SUFFOLK PUBLIC LIBRARY 2 City Council Regular Meeting January 18, 2012 Consent Agenda Item #9 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FOR THE SUFFOLK DEPARTMENT OF SOCIAL SERVICES EARLY CHILDHOOD DEVELOPMENT COMMISSION FROM SMART BEGINNINGS SOUTH HAMPTON ROADS Consent Agenda Item #10 - A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO MAKE CERTAIN ADDITIONS AND DELETIONS TO THE URBAN HIGHWAY SYSTEM Consent Agenda Item #11 - A RESOLUTION ADOPTING THE AMENDED FINANCIAL POLICIES FOR THE CITY OF SUFFOLK Vice Mayor Brown asked for an outline of Consent Agenda Items #7, #8, and #9 - an ordinance to accept and appropriate funds for the Suffolk Department of Social Services from the Virginia Department of Housing and Community Development to continue a Homeless Prevention and Rapid Re-Housing Program; an ordinance to accept and appropriate funds from the Henry A. Rawles, Jr. Trust for the Suffolk Public Library; and an ordinance to accept and appropriate funds for the Suffolk Department of Social Services Early Childhood Development Commission from Smart Beginnings South Hampton Roads. Council Member Barclay requested a report on Consent Agenda Item #11 - a resolution adopting the amended financial policies for the City of Suffolk. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn offered a summary of the background information as printed in the official agenda. Referring to Consent Agenda Item #8, City Manager Cuffee-Glenn reviewed the background information as printed in the official agenda. Referring to Consent Agenda Item #9, City Manager Cuffee-Glenn gave a synopsis of the background information as printed in the official agenda. Referring to Consent Agenda Item #11, Finance Director Deborah White provided an overview of the background information as printed in the official agenda. Council Member Barclay, on a motion seconded by Council Member Duman, moved to approve Consent Agenda, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance granting Rezoning Request RZ4-11 (Conditional) Ricky’s Custom Carts, submitted by James R. Johnson, III, of Ricky’s Custom Carts, applicant, on behalf of Farmer’s Bank, property owner, to request a change in zoning from B-1, Neighborhood Commercial Zoning District to B-2, General Commercial Zoning District 3 City Council Regular Meeting January 18, 2012 Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills presented a summary of the background information as printed in the official agenda. Ricky Johnson, 620 West Liberty Springs Road, applicant, 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 Barclay, moved that the ordinance be adopted, with conditions, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED AT 1562 AND 1568 HOLLAND ROAD, FURTHER IDENTIFIED AS ZONING MAP 33A, PARCELS BT*1B AND BT2 RZ4-11 Public Hearing - An ordinance granting a Conditional Use Permit Request C20-11, Groves Family Properties submitted by Jennifer Groves, property owner, to permit a public assembly (not otherwise enumerated) in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report of the background information as printed in the official agenda. Jennifer Groves, 3909 Deer Path Road, property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, on a motion second by Council Member Gardy, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Vice Mayor Brown called for a review of the security measures that will be required of the applicant. Ms. Groves said that there is a condition requiring digital video surveillance at the entrances and exits and in the interior. She further explained that the video shall be accessible on- site and must be approved by the Police Department. Council Member Milteer, on a motion seconded by Council Member Gardy, moved that the ordinance be adopted, with conditions, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO PERMIT AN INDOOR PUBLIC ASSEMBLY LOCATED AT 136 SOUTH MAIN STREET, ZONING MAP NUMBER 34G18(A), PARCEL 289 - C20-11 4 City Council Regular Meeting January 18, 2012 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing to be held on February 1, 2012, to receive public comment on the proposed Fiscal Year 2013-2022 Capital Improvements Plan Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a public hearing to be held on February 1, 2012, to receive public comment on the proposed Fiscal Year 2013-2022 Capital Improvements Plan, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 Motion - A motion to schedule a Work Session for February 1, 2012, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a Work Session on February 1, 2012, at 4:00 p.m., unless canceled or called earlier by the Mayor, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Arthur Elliott, 809 West Washington Street, was not present when called. LeeAnn Reeder, 4043 Sadler Drive, was not present when called. Pastor Arnold Barbaro, 4356 Lake Prince Drive, representing self, commended City Council for its leadership. Lue Ward, 6137 College Drive, Apartment A, representing self, congratulated Suffolk Redevelopment and Housing Authority Executive Director Clarissa McAdoo for her efforts in obtaining the Choice Neighborhood Planning Grant Award and opined about Vice Mayor Brown. 5 City Council Regular Meeting January 18, 2012 Mayor Johnson advised Mr. Ward that his comments should be addressed to the City Council as a whole and not an individual member of City Council. Mayor Johnson called on City Manager Cuffee-Glenn to provide an explanation regarding the Choice Neighborhood Planning Grant Award received by the Suffolk Redevelopment and Housing Authority. City Manager Cuffee-Glenn advised that the Suffolk Redevelopment and Housing Authority received a grant to begin to draft the technical planning documents necessary to obtain the major funding pool from Housing and Urban Development Department to implement the East Suffolk Community/White Marsh Neighborhood Initiative. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following nomination for City Council’s consideration: Economic Development Authority of the City of Suffolk – Stacy Lewis. Council Member Gardy, on a motion seconded by Council Member Parr, moved to appoint the above referenced individual to the aforementioned body, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 City Clerk Dawley announced that the next two items have been carried over from this afternoon’s Work Session for consideration. City Clerk Dawley advised the following item has been presented for City Council’s consideration: a motion to direct staff to pursue and incorporate the recommended funding options discussed to move transportation construction projects of the City forward. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve to direct staff to pursue and incorporate the recommended funding options discussed to move transportation construction projects of the City forward, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 City Clerk Dawley advised the following item has been presented for City Council’s consideration: a motion to direct staff to develop an ordinance to create a Transportation Construction Reserve for the February 1, 2012, City Council meeting for funding consideration in future City budgets. Council Member Milteer, on a motion seconded by Council Member Parr, moved to direct staff to develop an ordinance to create a Transportation Construction Reserve for the February 1, 2012, City Council meeting for funding consideration in future City budgets, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 6 City Council Regular Meeting January 18, 2012 Council Member Parr, on a motion seconded by Council Member Milteer, moved to transfer the remaining funds from the Hollywood Emergency Access Project to the Municipal Center Property Acquisition Project. Referring to the motion, Council Member Duman asked for the amount of funding remaining for the Hollywood Emergency Access Project. Public Works Director Eric Nielsen advised that the project has $162,989 remaining of the $200,000 that was originally allocated. He further explained that the once the project was funded, the City spent $37,000 on a study of wetlands delineation and permitting mitigation, and the City met with the Army Corps of Engineers about the wetlands issues. He concluded that the study advised that the project’s cost would increase significantly due to the wetlands issues. Referring to the motion, Council Member Barclay sought clarification about the impact of the wetlands issues associated with the Hollywood Emergency Access Project. Public Works Director Nielsen replied that the wetlands issues associated with this project would make the project cost prohibitive. Referring to the motion, Council Member Barclay called for clarification of the motion. Council Member Parr restated the following motion: a motion to transfer the remaining funds from the Hollywood Emergency Access Project to the Municipal Center Property Acquisition Project. Referring to the motion, Vice Mayor Brown announced that he would abstain from voting on this matter due to his association with developers that may be involved with this project. City Attorney Roettger said that if Vice Mayor Brown felt uncomfortable about voting on this issue, then he reserved the right to abstain, although there is no legal requirement for him to do so. Council Member Parr, on a motion seconded by Council Member Milteer, moved to transfer the remaining funds from the Hollywood Emergency Access Project to the Municipal Center Property Acquisition Project, by the following vote: AYES: Council Members Barclay, Duman, Gardy, Milteer, Parr, and Johnson 6 NAYS: Council Member Bennett 1 ABSTAIN: Vice Mayor Brown 1 ANNOUNCEMENTS AND COMMENTS Council Member Duman reported the following events: the City-wide Martin Luther King, Jr., Day Celebration; the Suffolk Leadership Academy Kick-off; and the Hampton Roads Global Commerce Council State of the Port Address. Council Member Duman commented on the upcoming Town Hall meeting in Chuckatuck. Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Diana Klink reported on the following activities: the Kick-off of the Suffolk Leadership Academy; the 11th Anniversary of National Mentoring Month event sponsored by the Parks and Recreation Department; the Back from the Holidays Boot Camp sponsored by the Parks and Recreation Department; the Bounce and Play event sponsored by the Parks and Recreation Department; the CPR Class cosponsored by the American Red Cross and the Parks and Recreation Department; the opening of the application period for the City’s real estate tax relief program for the elderly and disabled; a teen reading activity at the North Suffolk Library; upcoming events and fundraisers sponsored by the Suffolk Humane Society and 7 City Council Regular Meeting January 18, 2012 the Animal Control Division; the upcoming Town Hall meeting in Chuckatuck; and the upcoming Groundhog’s Day event. Council Member Barclay announced he attended the City-wide Martin Luther King, Jr. Day Celebration and Kick-off of the Suffolk Leadership Academy. Council Member Gardy extended his condolences to the family of the late Sylvester Jones, Planning Commissioner. Council Member Bennett extended his condolences to the family of the late Sylvester Jones, Planning Commissioner. Council Member Bennett reported on the following events: the City-wide Martin Luther King, Jr. Day Celebration; the Suffolk Leadership Academy Kick-off; the recent Education Standing Committee meeting; and the recent Health and Human Services Standing Committee meeting. Council Member Bennett commended Suffolk Redevelopment and Housing Authority Executive Director McAdoo and her staff for their efforts in obtaining the Choice Neighborhood Planning Grant Award. Council Member Parr opined about the passing of the late Sylvester Jones, Planning Commissioner, and a future recognition of his contributions to the City by City Council. Council Member Parr reported on the Suffolk Leadership Academy Kick-off. Council Member Milteer extended his condolences to the family of the late Sylvester Jones, Planning Commissioner. Council Member Milteer reported on the following areas near Peanut Park in need of road repair: Boat Street, Reno Street, and Nevada Street. Vice Mayor Brown extended his condolences to the family of the late Sylvester Jones, Planning Commissioner. Vice Mayor Brown asked City Manager Cuffee-Glenn to assist the American Diabetes Association with its efforts to conduct diabetes education sessions. Mayor Johnson extended her condolences to the family of the late Sylvester Jones, Planning Commissioner. Mayor Johnson commended the organizers of the City-wide Martin Luther King, Jr. Day Celebration. Mayor Johnson announced she attended the Suffolk Leadership Academy Kick-Off. Mayor Johnson commended Suffolk Redevelopment and Housing Authority Executive Director McAdoo and her staff for their efforts in obtaining the Choice Neighborhood Planning Grant Award. Mayor Johnson asked City Manager Cuffee-Glenn for a status report on the proposed new downtown library expansion. 8 City Council Regular Meeting January 18, 2012 ADJOURNMENT Council Member Parr, on a motion seconded by Council Member Gardy, moved to adjourn, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:35 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: FEBRUARY 15, 2012 9