City Council Meeting Agendas

City Council Regular Meeting February 15, 2012 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, February 15, 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. Selena Cuffee-Glenn, City Manager William E. Hutchings, Jr., Deputy City Attorney Erika S. Dawley, City Clerk ABSENT Council Member Charles D. Parr, Sr. (excused) 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 February 15, 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 Gardy, moved that the resolution be adopted, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF FEBRUARY 15, 2012, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 15, 2012 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the minutes from the January 18, 2012, Work Session and Regular Meeting, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 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 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 Milteer, on a motion seconded by Council Member Gardy, moved to adopt the remaining agenda, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 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 A V-STOP REDUCTION IN DOMESTIC VIOLENCE GRANT FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES Consent Agenda Item #8 - AN ORDINANCE TO AUTHORIZE THE APPROPRIATION OF REMAINING FUNDS FROM THE SUFFOLK TAXING DISTRICT COMMITTED FUND BALANCE TO THE WEST WASHINGTON STREET/HENLEY PLACE INTERSECTION IMPROVEMENTS PROJECT 2 City Council Regular Meeting February 15, 2012 Consent Agenda Item #9 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE HOLLAND WATERWORKS CONSENT ORDER NO. 03-2005-(02) WITH THE VIRGINIA DEPARTMENT OF HEALTH Council Member Milteer, on a motion seconded by Council Member Gardy, moved to approve Consent Agenda, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 PUBLIC HEARINGS Public Hearing - An ordinance granting Conditional Use Permit Request C19-11, Tabernacle Childcare Center, submitted by Erika R. Hoggard, applicant, on behalf of Tabernacle Baptist Church, property owner, to permit a child day care center in accordance with Sections 31-106, 31-406, and 31-701(b)(16) of the Unified Development Ordinance 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. Erika R. Hoggard, 243 West Wexford Drive, applicant, representing Tabernacle Baptist Church, property owner, requested that the proposed ordinance be continued to the March 21, 2012, City Council meeting. Hearing no additional speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Duman, moved to continue consideration of the proposed ordinance to the March 21, 2012, City Council meeting, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 Public Hearing - An ordinance granting Rezoning Request RZ05-11, for a change in zoning from RLM, Residential Low Medium Density District, to B2, General Commercial District, for property located at 1132 ½ Myrtle Street Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 3 City Council Regular Meeting February 15, 2012 Council Member Gardy, on a motion seconded by Council Member Duman, moved that the ordinance be adopted, with conditions as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED AT 1132 ½ MYRTLE STREET AND FURTHER IDENTIFIED AS TAX MAP NUMBER 35D, PARCEL C*PT*1A, RZ05-11 Public Hearing - A public hearing to receive public comment on an ordinance to enter into new and renewing contracts for leases at the Suffolk Airport on all “T” Hangars that become available from February 15, 2012 – February 15, 2013 Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes provided an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Vice Mayor Brown, 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, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 AN ORDINANCE AUTHORIZING THE EXECUTION OF LEASE AGREEMENTS AT THE SUFFOLK EXECUTIVE AIRPORT FOR “T” HANGARS FOR NEW TENANTS AND RENEWING TENANTS FROM FEBRUARY 15, 2012-FEBRUARY 15, 2013 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report - Recommendation for Agricultural, Forrestal and Open Space Advisory Committee Utilizing a PowerPoint presentation, City Assessor Jean Jackson offered a summation of the above referenced item. Referring to the presentation, Council Member Milteer opined about the differences among the various categories in the land use real estate tax abatement program: agricultural, forrestal and open space. 4 City Council Regular Meeting February 15, 2012 Referring to the presentation, Council Member Milteer asked about the potential for increased real estate tax revenues with the elimination of the various categories in the land use real estate tax abatement program. City Assessor Jackson explained that approach would result in increased revenues. She recalled that City Council has already eliminated the open space exemption. Referring to the presentation, Council Member Milteer queried about the options for property owners currently receiving the open space exemption. City Assessor Jackson advised that due to the elimination of the open space exemption, property owners who are currently participating in this program will no longer receive this exemption upon the expiration of their agreements with the City. Referring to the presentation, Council Member Milteer called for information about the differences between the amount of revenue lost on the agricultural and forrestal categories of the land use real estate tax abatement program. City Assessor Jackson stated that she could provide that information. Referring to the presentation, Council Member Barclay sought clarification about the purpose of the proposed ordinance. City Assessor Jackson explained that the ordinance would create a committee that would provide its views on applications to withdraw from the land use real estate tax abatement program to the Planning Commission, which would then forward its recommendation to City Council for action. Referring to the presentation, Council Member Barclay requested information about the application process for the land use real estate tax abatement program. City Assessor Jackson replied that any property owner interested in the program would apply in the Office of the City Assessor. Referring to the presentation, Council Member Barclay inquired about privately owned golf courses and their eligibility for the land use real estate tax abatement program. City Assessor Jackson reported that privately owned golf courses qualify for the open space exemption. She further explained that since City Council eliminated the open space abatement category from the City’s land use real estate tax abatement program, privately owned golf courses are now assessed at fair market value. Referring to the presentation, Council Member Barclay asked how a privately owned golf course would be valued if it were located in a residential area. City Assessor Jackson replied that the golf course’s assessment would not be based on the surrounding homes but on the value of other golf courses. Referring to the presentation, Council Member Milteer questioned the relationship between the removal of a parcel from the land use real estate tax abatement program and the property owner’s ability to sell the parcel for a higher price. City Assessor Jackson explained that when a parcel that was in a tax abatement program is sold, the new owner would be required to pay the roll back taxes. Referring to the presentation, Council Member Duman asked for a reason that anyone would withdraw from the land use real estate tax abatement program. City Assessor Jackson said that there are occasions where the owner wishes to sell a parcel and the new owners will only make the purchase if the parcel is no longer in the program. Referring to the presentation, Council Member Duman opined about the feasibility of the City opting out of the State Code requirements for exemptions for privately golf courses under the land use real estate tax abatement program. City Assessor Jackson replied that was not a feasible option. Deputy City Attorney Hutchings added that only the General Assembly has the authority to establish such programs. 5 City Council Regular Meeting February 15, 2012 Referring to the presentation, Council Member Duman sought clarification about the options available for privately owned golf courses that wish to participate in the land use real estate tax exemption program. Deputy City Attorney Hutchings indicated that privately owned golf courses previously qualified for the open space exemption. However, as City Council eliminated that category from the land use real estate tax abatement program, golf courses must now be assessed at fair market value. Referring to the presentation, Council Member Duman inquired about the feasibility of permitting one privately owned golf course to qualify for the open space exemption under the land use real estate tax abatement program since the parcel’s renewal period coincided with the abolishment of the open space exemption. Deputy City Attorney Hutchings advised City Council did not include a delayed effective date or a grandfathering clause for the elimination of the open space exemption; therefore, the City Assessor does not have the authority to grant a singular exemption. Referring to the presentation, Council Member Duman requested information on options available to City Council to permit one privately owned golf course to qualify for the open space exemption under the land use real estate tax abatement program. Deputy City Attorney Hutchings advised that City Council would have to reinstate the open space exemption under the land use real estate tax abatement program. MOTIONS Motion - A motion to schedule a public hearing for March 7, 2012, at 7:00 p.m., regarding the lease of farm land located at Lone Star Lakes Deputy City Manager Patrick Roberts presented a summary of the above referenced item. Referring to the presentation, Council Member Barclay queried about other City-owned parcels that are currently being leased for farm use. Deputy City Manager Roberts advised that there are other City-owned parcels rented for farming. Council Member Barclay, on motion seconded by Council Member Gardy, moved to schedule a public hearing for March 7, 2012, at 7:00 p.m., regarding the lease of farm land located at Lone Star Lakes, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 Motion - A motion to schedule a public hearing for March 7, 2012, at 7:00 p.m., to consider adoption of an ordinance authorizing the acquisition of real property in fee simple and easement, either by Agreement or condemnation, for the West Washington Street/Henley Place Intersection Improvements Project Deputy City Manager Roberts submitted information on the above referenced item. 6 City Council Regular Meeting February 15, 2012 Council Member Gardy, on motion seconded by Council Member Duman, moved to schedule a public hearing for March 7, 2012, at 7:00 p.m., to consider adoption of an ordinance authorizing the acquisition of real property in fee simple and easement, either by Agreement or condemnation, for the West Washington Street/Henley Place Intersection Improvements Project, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 Motion - A motion to schedule a public hearing for March 7, 2012, at 7:00 p.m., regarding the disposition of real property located at 1217 North Main Street, the former Suffolk Health Department site Deputy City Manager Roberts explained the need for the above referenced item. Council Member Gardy, on motion seconded by Council Member Duman, moved to schedule a public hearing for March 7, 2012, at 7:00 p.m. regarding the disposition of real property located at 1217 North Main Street, the former Suffolk Health Department site, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 Motion - A motion to schedule a Work Session for March 7, 2012, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Milteer, on motion seconded by Council Member Gardy, moved to a Work Session for March 7, 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, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 NON-AGENDA SPEAKERS Dwight Richards, 6708 Chambers Lane, President, Burbage Grant Home Owners Association, spoke in support of the City’s redistricting plan as submitted to the United States Department of Justice. Arthur Elliott, 809 West Washington Street, was not present when called. The following individuals spoke in support of the City’s redistricting plan as submitted to the United States Department of Justice: Lee Anderson, 6811 Ivanhoe Court, representing self. Keith Thorogood, 6719 Braebourne Court, representing self. Nancy Parker, 2940 Old Wharf Road, representing self. 7 City Council Regular Meeting February 15, 2012 Derek Ross, 6405 Ashmeade Court, representing self. Angie Thompson, 3012 Newbury Court, representing self, spoke in support of funding for Suffolk Public Schools. LeeAnn Reeder, 4043 Sadler Drive, representing self, expressed her appreciation for the traffic study at King’s Fork Middle School and King’s Fork High School and in support of funding for Suffolk Public Schools. Deborah Topping, 219 King Charles Court, representing self, spoke in support of funding for Suffolk Public Schools. Andy Sweet, 5102 Clipper Cove Lane, President, Harbour View Home Owners Association, spoke in support of the City’s redistricting plan as submitted to the United States Department of Justice. Matthew Curcione, 209 Sandy Beach Court, representing self, spoke in support of the City’s redistricting plan as submitted to the United States Department of Justice. Paul Gillis, 2536 Woodland Trail, representing self, spoke in opposition to the City’s redistricting plan as submitted to the United States Department of Justice. Kevin Shepherd, Sr., 1917 Nansemond Parkway, was not present when called. Penny Key, 88 Glade Road, Newport News, Virginia, representing self, spoke in support of funding for Suffolk Public Schools. Elliott Joyner, 530 Lake Kilby Road, representing self, opined about the Operating Budget for Fiscal Year 2012-2013. Janet Gurwell, 105 Brewer Avenue, representing self, opined about charges for records obtained under the Freedom of Information Act and expressed opposition to the conversion of the former Robertson Elementary School into the Whaleyville Community Center. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following nominations for City Council’s consideration: Craney Island Commission – Wade Wayne Perry, Jr. and Welfare Advisory Board – Bruce A. Copeland. Council Member Milteer, on a motion seconded by Council Member Barclay, moved to appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 8 City Council Regular Meeting February 15, 2012 City Clerk Dawley advised the following item has been presented for City Council’s consideration: an ordinance to authorize the appropriation of funds from the General Fund Capital Projects Reserve Committed Fund Balance to the Economic Development Investment Program Account to promote economic investment opportunities in the City of Suffolk Council Member Barclay, on a motion seconded by Council Member Duman, moved to approve the above referenced ordinance, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 Mayor Johnson announced that City Council has selected Helivi L. Holland as the City Attorney. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Diana Klink reported on the following activities: free tax preparation assistance at the Suffolk Workforce Development Center; start of burn ban enforcement by the Suffolk Fire Department; launch of the City of Suffolk’s Parenting Network, an online video library of parenting information; “Exhibit of Excellence: Suffolk Student Art 2012” at the Suffolk Art Gallery; 29th Annual Antiques Show and Sale at King’s Fork Middle School; Pre-School Gym Time at the East Suffolk Recreation Center; teen writing activity at the North Suffolk Library; “Unplugged: A Talent Extravaganza” Teen Talent Show at the East Suffolk Recreation Center; “Land of Our Fathers” exhibit at the Suffolk Center for Cultural Arts; “Poetry, Prose and Pizza” at the Suffolk Art Gallery; and the upcoming Town Hall meeting in the Sleepy Hole Borough. Mayor Johnson called on Economic Development Director Kevin Hughes to provide information about 2011 Hampton Roads Association for Commercial Real Estate (HRACRE) Deals of the Year program. Economic Development Director Hughes announced that four projects in the City have received Deal of the Year Awards from the Hampton Roads Association for Commercial Real Estate. Council Member Bennett asked for a copy of the recent compensation and classification study. Council Member Milteer opined about redistricting. Council Member Milteer announced the Real Estate Tax Relief for Elderly and Disabled Persons program is currently accepting applications. Council Member Duman requested a copy of the recent compensation and classification study. Council Member Duman opined about funding for Suffolk Public Schools. Council Member Duman advised that the American Red Cross will be hosting its Annual Paint the Town Red Fundraiser. Council Member Duman commended Ms. Reeder for her efforts to improve traffic safety at Kings Fork Middle School and Kings Fork High School. 9 City Council Regular Meeting February 15, 2012 Council Member Barclay extended his congratulations to Helivi L. Holland on her selection as City Attorney. Council Member Barclay thanked the speakers who attended tonight’s meeting to express their support for the City’s redistricting plan. Council Member Barclay commented on the upcoming Town Hall meeting in the Sleepy Hole Borough. Council Member Gardy thanked the individuals who addressed City Council this evening. Mayor Johnson opined about the United States Navy’s decision not to move a nuclear power aircraft carrier from Naval Station Norfolk to Naval Station Mayport. Mayor Johnson congratulated Helivi L. Holland on her selection as City Attorney. ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Brown, and Johnson 7 NAYS: None (Council Member Parr was excused) 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:52 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MARCH 7, 2012 10