City Council Meeting Agendas

City Council Regular Meeting August 15, 2012 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, August 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. Charles D. Parr, Sr. Selena Cuffee-Glenn, City Manager Helivi L. Holland, 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 August 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 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 AUGUST 15, 2012, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting August 15, 2012 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the July 18, 2012, 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 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 the items from the Consent Agenda for separate action. Hearing no requests for removal of the items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda in its entirety. Council Member Duman, on a motion seconded by Council Member Gardy, moved to adopt the 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 speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF AVIATION FOR THE SUFFOLK EXECUTIVE AIRPORT Consent Agenda Item #8 - AN ORDINANCE TO ACCEPT AND APPROPRIATE ADDITIONAL FUNDING FROM THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION FOR THE CITY OF SUFFOLK TRANSIT SYSTEM Consent Agenda Item #9 - A RESOLUTION TO AUTHORIZE THE EXECUTION OF THE LAW ENFORCEMENT MUTUAL AID AGREEMENT Council Member Milteer asked for an outline of Consent Agenda Item #7 - an ordinance to accept and appropriate funding from the Virginia Department of Aviation for the Suffolk Executive Airport. 2 City Council Regular Meeting August 15, 2012 Council Member Parr called for an overview of Consent Agenda Item #8 - an ordinance to accept and appropriate additional funding from the Virginia Department of Rail and Public Transportation for the City of Suffolk Transit System. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn supplied a summary of the background information as printed in the official agenda. Referring to Consent Agenda Item #8, City Manager Cuffee-Glenn provided an overview of the background information as printed in the official agenda. Referring to Consent Agenda Item #8, Council Member Parr inquired about the use of the funding included in the proposed ordinance. City Manager Cuffee-Glenn explained that the funds would be used for the continued improvement of the City’s public transit system. Referring to Consent Agenda Item #8, Council Member Milteer opined about the possibility of a new public transportation route. Mayor Johnson said that information on this issue could be addressed under New Business. Council Member Parr, on a motion seconded by Council Member Barclay, 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 Conditional Use Permit Request C06-12, submitted by Alvin Blow, applicant, for property owned by Triumph in Victory Christian Church, to permit a place of worship (small, under 6,000 square feet) and to renovate a nonconforming structure in accordance with Sections 31-306, 31-406, and 31-801 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills reviewed the background information as printed in the official agenda. Alvin Blow, no address given, applicant, representing Triumph in Victory Christian Church, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Brown, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 3 City Council Regular Meeting August 15, 2012 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP AND TO RENOVATE A NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT 257 CAROLINA AVENUE, ZONING MAP 34G23(A), PARCEL 113A-C06-12 Public Hearing - An ordinance granting Conditional Use Permit Request C11-12, submitted by Denetra Hampton, applicant, for property owned by Bennett’s Creek Crossing, LC, to permit a school for business or trade in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills summarized the background information as printed in the official agenda. Denetra Hampton, no address given, applicant, spoke in support of the proposed ordinance as presented. 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, 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 FOR A SCHOOL FOR BUSINESS OR TRADE ON PROPERTY ON PROPERTY LOCATED AT 5645 SHOULDERS HILL ROAD, UNIT 4, ZONING MAP 12*55*1D*1E – C11-12 Public Hearing - An ordinance granting an Ordinance Text Amendment, OA1-12, to amend Section 31-714(b), Signs Permitted in all Districts and Section 31-717(d), Real Estate Development and Construction-Related Temporary Uses in Regard to Temporary Signs and Banners Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered an overview of the background information as printed in the official agenda. Claudia Cotton, 214 Charlemagne Drive, representing Tidewater Builders Association, spoke in support of the ordinance with the addition of the following: to allow for banners and flags at models homes; to increase the size of directional signs within a subdivisions from four square feet to 16 square feet; and to permit a temporary a-frame signs at the subdivision entrance. Thomas Woodward, 227 North Main Street, representing self, spoke in opposition to the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Barclay offered the proposed amendment to the proposed ordinance in Section 31-714(b)(14): “No decorative flag may extend above the primary entrance floor of a building”, replacing “No decorative flag may extend above the first floor of a building”. 4 City Council Regular Meeting August 15, 2012 Referring to the presentation, Council Member Duman offered the proposed amendments to the proposed ordinance in Section 31-714 (b)(15): 1) Inserting “(9) and” between “(b)” and “10”, so it will read as “Notwithstanding the provisions of Section 31-714(b) (9) and (10) herein,…”; 2) By striking “or new business” and replacing with “and the like” to Subsection A of this Section; 3) By striking “permanent” and replacing with “annual (based on the date of the original permit)” to Subsection B of this Section; and 4) By striking “affixed flat against” and replacing with “securely affixed to”; and, striking “and shall not hang from any part of a building projection” to Subsection C 2) of this Section and the proposed amendments to the proposed ordinance in Section 31-717 (d)(6) entitled Temporary Signs and Banners Associated with an Active Residential Subdivision shall be permitted with an temporary use permit subject to the following: 5) Inserting under A – “In addition, one a-frame sign not to exceed nine square feet be placed at placed at a subdivision entrance, not placed on the public right of way and shall be removed daily. 6) Insert under D – “Such signs shall not exceed nine square feet each and shall not exceed a maximum height of five feet.” Referring to the presentation, Council Member Bennett asked about the application fee for special event signs. Planning and Community Development Director Mills reported that the fee is $25.00 for each special event, and that such signs may be permitted up to three times annually. Vice Mayor Brown moved to approve the ordinance with the following proposed amendments: Section 31-714(b)(14): 1) “No decorative flag may extend above the primary entrance floor of a building” instead of “No decorative flag may extend above the first floor of a building”; 2) Inserting “(9) and” between “(b)” and “10”, so it will read as “Notwithstanding the provisions of Section 31-714(b) (9) and (10) herein,…”; 3) By striking “or new business” and replacing with “and the like” to Subsection A of this Section; 4) By striking “permanent” and replacing with “annual (based on the date of the original permit)” to Subsection B of this Section; and 5) By striking “affixed flat against” and replacing with “securely affixed to”; and, striking “and shall not hang from any part of a building projection” to Subsection C 2) of this Section and the proposed amendments to the proposed ordinance in Section 31-717 (d)(6) entitled Temporary Signs and Banners Associated with an Active Residential Subdivision shall be permitted with an temporary use permit subject to the following: 6) Inserting under A – “In addition one a-frames sign not to exceed nine square feet be placed at placed at a subdivision entrance, not placed on the public right of way and shall be removed daily. 7) Insert under D – “Such signs shall not exceed nine square feet each and shall not exceed a maximum height of five feet.” The motion failed for lack of a second. Referring to the failed motion, Council Member Duman indicated that he would prefer to amend the proposed ordinance with the aforementioned language and to reopen the public hearing to receive comments regarding the proposed amendments at the September 19, 2012, City Council meeting. Council Member Duman, on a motion seconded by Council Member Gardy, on a motion to amend the proposed ordinance as outlined above and to reopen the public hearing to receive comments regarding the proposed amendments at the September 19, 2012, City Council meeting, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 5 City Council Regular Meeting August 15, 2012 ORDINANCES Ordinance - An ordinance approving new positions in the Fiscal Year 2012-2013 Operating and Capital Budget and the City’s Fiscal Year 2012-2013 Classification and Compensation Plan Utilizing a PowerPoint presentation, David Rose, Davenport and Company, the City’s financial advisors, and Anne Seward, Interim Chief Financial Officer, offered a summary of the above referenced item. Referring to the presentation, Council Member Parr opined about the cumulative savings as a result of the reductions in debt service. Budget Officer Seward replied in the affirmative. Referring to the presentation, Council Member Duman queried about the commentaries from Moody’s regarding the City’s potential challenges relating to the debt burden. Mr. Rose explained that Moody’s is only one of the three rating agencies, and based on his professional assessment, the City’s debt level is manageable. Referring to the presentation, Mayor Johnson called for clarification about the City’s compliance with its financial policies, specifically as they relate to debt service. Mr. Rose said that the City is in compliance with all of its financial policies, including the debt service policy. Referring to the presentation, Council Member Bennett asked if the proposed positions would be advertised or filled internally. Budget Officer Seward stated that the positions would be advertised. Referring to the presentation, Council Member Bennett queried about the classifications of the proposed positions. Budget Officer Seward reviewed the background information as printed in the official agenda. Referring to the presentation, Council Member Bennett inquired about the proposed positions as they relate to the Finance Director position, which is currently vacant. Budget Officer Seward indicated that at this time the matter was unclear. Referring to the presentation, Mayor Johnson asked for clarification on whether the proposed ordinance would address the rating agencies’ interest in creating stability in the Finance Department. Budget Officer Seward replied that the proposed positions create stability in the Finance Department, which is an issue that the bond rating agencies have indicated is important. Council Member Gardy, on a motion seconded by Council Member Parr, moved that the ordinance be adopted, as presented, by the following vote: AYES: Council Members Barclay, Duman, Gardy, Milteer, Parr, Brown, and Johnson 7 NAYS: Council Member Bennett 1 AN ORDINANCE APPROVING NEW POSITIONS IN THE FISCAL YEAR 2012-2013 OPERATING AND CAPITAL BUDGET AND THE CITY’S FISCAL YEAR 2012-2013 CLASSIFICATION AND COMPENSATION PLAN 6 City Council Regular Meeting August 15, 2012 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 for September 5, 2012, to authorize the conveyance of a portion of real estate owned by the City of Suffolk, Virginia at 5400 Virginia Regional Drive, Parcel 25*35*PS, to Virginia Regional, LLC. City Clerk Dawley advised that the following parcel number is a revision from the background information as originally printed on the agenda: 25*38*PS. Council Member Gardy, on a motion seconded by Council Member Duman, moved to schedule a public hearing for September 5, 2012 to authorize the conveyance of a portion of real estate owned by the City of Suffolk, Virginia at 5400 Virginia Regional Drive, Parcel 25*38*PS, to Virginia Regional, LLC., 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 City Council Retreat for September 20 – 21, 2012, beginning at 8:30 a.m., in the Health and Human Services Building Council Member Parr, on a motion seconded by Council Member Duman, moved to schedule a City Council Retreat for September 20 – 21, 2012, beginning at 8:30 a.m., in the Health and Human Services Building, 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 September 5, 2012, at 4:00 p.m., unless canceled Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a Work Session for September 5, 2012, at 4:00 p.m., unless canceled, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 7 City Council Regular Meeting August 15, 2012 NON-AGENDA SPEAKERS Arthur Elliott, 809 West Washington Street, was not present when called. Ernest Chenault, 607 Dumville Avenue, representing self, spoke about City water and sewer rates. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley reported that the following boards and commissions nominations have been provided for City Council’s consideration: Virginia Municipal League Annual Business Meeting - Sherry Hunt (voting member) and Welfare Advisory Board - Simonee Thomas Council Member Parr, on a motion seconded by Council Member Duman, moved to nominate and appoint the aforementioned individuals, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 City Clerk Dawley presented the following item for consideration: a motion approve “A resolution to amend Resolution 12-R-036 regarding the establishment of the Comprehensive Plan Advisory Committee”, which expands the membership to 11 to include a representative from the Western Tidewater Water Authority. Council Member Parr, on a motion seconded by Council Member Gardy, moved to amend the resolution as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 A RESOLUTION AMENDING RESOLUTION 12-R-036 CONCERNING THE COMPOSITION OF THE COMPREHENSIVE PLAN ADVISORY COMMITTEE City Clerk Dawley presented the following item for consideration: a motion to nominate and appoint the following individuals to the Comprehensive Plan Advisory Committee: Mayor Linda Johnson – City Council; James Faulk – Economic Development Authority; Cindy Lane – Great Dismal Swamp Wildlife Refuge; Brian Williams – Hampton Roads Chamber of Commerce – Suffolk Division; Dwight Farmer – Hampton Roads Transportation Planning Commission; Randy Hicks – Historic Landmarks Commission; Howard Benton – Planning Commission; Dr. Deran Whitney – Suffolk Public Schools; Teresa Provost – Suffolk Redevelopment and Housing Authority; Council Member Jeffrey Gardy – Western Tidewater Water Authority. 8 City Council Regular Meeting August 15, 2012 Council Member Parr, on a motion seconded by Council Member Duman, moved to nominate and appoint the aforementioned individuals, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 City Clerk Dawley presented the following item: a motion to direct City Manager Cuffee-Glenn to prepare a letter to the Circuit Court recommending Melissa Venable for appointment to the Board of Zoning Appeals. Council Member Parr, on a motion seconded by Council Member Barclay, moved to direct City Manager Cuffee-Glenn to prepare a letter to the Circuit Court recommending Melissa Venable for appointment to the Board of Zoning Appeals, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 Vice Mayor Brown asked City Manager Cuffee-Glenn to reply to the issues raised by Ernest Chenault about the City’s water and sewer rates. City Manager Cuffee-Glenn requested that Deputy City Manager Patrick Roberts present information about the City’s water and sewer rates. Referring to the presentation, Council Member Barclay requested an explanation about the future of water and sewer rates. Deputy City Manager Roberts explained that when the City has an increase of customers there will be a leveling off of water rates, but sewer rates will continue to be a challenge due to unfunded federal mandates and regulations. Referring to the presentation, Council Member Bennett asked about the cost for a new water and sewer connection for a new residential unit. Deputy City Manager Roberts stated that the cost for a new connection on a new residential unit is approximately is $11,000. Referring to the presentation, Mayor Johnson called for clarification about the cost for a water and sewer connection in an existing community. Deputy City Manager Roberts advised that in those cases, there is no new connection fee, and there are a variety of incentives available to abate the connection fees. Referring to the presentation, Council Member Bennett queried about the cost of a new water and sewer connection for an infill housing unit. Deputy City Manager Roberts indicated that in those situations, there is usually an existing connection, which requires a nominal fee for the establishment of an account. Mayor Johnson called for input from City Council about the possibility of considering a resolution opposing the mining of uranium in the Commonwealth of Virginia. Council Member Duman inquired about the timeline for the State’s report on the issue of uranium mining. Mayor Johnson said that the report is not expected until December. 9 City Council Regular Meeting August 15, 2012 Vice Mayor Brown, on a motion seconded by Council Member Parr, moved to direct staff to prepare a resolution for consideration opposing the mining of uranium in the Commonwealth of Virginia, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Interim Media and Community Relations Manager Timothy Kelley reported on the following activities: the Suffolk Executive Airport Open House; National Night Out; the T.G.I.F Concert Series at Bennett’s Creek Park; the ACE Hardware Redistribution Center Ribbon Cutting; the Animal Care Facility Ribbon Cutting; the Parks and Recreation Department’s Teen Summit; the Police Department Promotional Ceremony; and the Taste of Suffolk Festival. Council Member Milteer opined about the presentation made by Davenport and Company, the City’s financial advisors, earlier in tonight’s meeting about the City’s bond ratings. Council Member Milteer called for information on the possible expansion of the City’s public transit routes. Public Works Director Eric Nielsen advised that the City has been working with its new public transit vendor, Virginia Regional Transit, to seek grants for future public transit improvement but at this point there are no new routes proposed. Council Member Milteer requested the consideration of expanded public transit routes to the southern part of the City. City Manager Cuffee-Glenn explained that matter can be considered during the upcoming City Council retreat; however, any expansion of public transit services will require additional funding. Council Member Parr reported on a recent Economic Development Standing Committee meeting and called for the presentation from that meeting by the Hampton Roads Economic Development Alliance be included at the upcoming City Council retreat. Council Member Parr reported on Rita’s Italian Ice ribbon cutting. Council Member Parr advised he participated in a Community Call to Action meeting at King’s Fork High School. Council Member Parr expressed his appreciation to City staff for their assistance with various constituents’ concerns. Council Member Parr reported on the Animal Care Facility ribbon cutting and National Night Out. Council Member Parr opined about the presentation made by Davenport and Company, the City’s financial advisors, earlier in tonight’s meeting about the City’s bond ratings. Council Member Parr encouraged residents to check for water leaks when reviewing their water and sewer bills. 10 City Council Regular Meeting August 15, 2012 Council Member Bennett requested the consideration of expanded public transit routes in the northern part of the City and requested information about the cost associated with such an expansion. Council Member Bennett reported on National Night Out. Council Member Duman reported on the ribbon cuttings for the ACE Redistribution Center and the Animal Care Facility. Council Member Duman opined about the presentation made by Davenport and Company, the City’s financial advisors, earlier in tonight’s meeting about the City’s bond ratings. Council Member Barclay reported on the ribbon cuttings for the ACE Redistribution Center and the Animal Care Facility. Council Member Barclay announced an upcoming event sponsored by the Nansemond River Preservation Alliance. Council Member Barclay called for a presentation at an upcoming work session about the proposal to privatize the Port of Virginia. Council Member Gardy opined about the ribbon cuttings for the ACE Redistribution Center and the Animal Care Facility. Mayor Johnson reported on the ribbon cutting for the ACE Redistribution Center. Mayor Johnson announced the upcoming NEXCOM ribbon cutting. Mayor Johnson reported on the grand openings of Harper’s Table and Rita’s Italian Ice. Mayor Johnson opined about National Night Out. Mayor Johnson reported on the ribbon cutting for the Animal Care Facility. Mayor Johnson thanked Thelma Drake, Director of Rail and Public Transportation, for her support of the City’s efforts. Mayor Johnson opined about the presentation made by Davenport and Company, the City’s financial advisors, earlier in tonight’s meeting about the City’s bond ratings. 11 City Council Regular Meeting August 15, 2012 ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Parr, 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 9:38 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTEMBER 5, 2012 12