City Council Meeting Agendas

City Council Regular Meeting September 5, 2012 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, September 5, 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 September 5, 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, Parr, Brown, and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF SEPTEMBER 5 , 2012, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 5, 2012 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Duman, moved to approve the minutes from the August 15, 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 Special Presentation - National Preparedness Month Mayor Johnson presented the above referenced proclamation to Interim Fire Chief Ed Taylor Special Presentation - Taste of Suffolk Overview Utilizing a PowerPoint presentation, Parks and Recreation Director Lakita Watson offered information as printed in the official 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 Parr, on a motion seconded by Council Member Duman, 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 A JUSTICE ASSISTANCE GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE IN SUPPORT OF THE SUFFOLK POLICE DEPARTMENT AND OFFICE OF THE COMMONWEALTH’S ATTORNEY 2 City Council Regular Meeting September 5, 2012 Consent Agenda Item #8 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE CITY OF SUFFOLK HOMELESS SOLUTIONS PROGRAM Consent Agenda Item #9 - A RESOLUTION TO ACCEPT A DONATION OF PERSONAL PROPERTY FOR THE SUFFOLK POLICE DEPARTMENT AND SUFFOLK ANIMAL CARE FROM QVC - SUFFOLK AND TARGET Vice Mayor Brown asked for an outline of Consent Agenda Item #7 - an ordinance to accept and appropriate a Justice Assistance Grant from the United States Department of Justice in support of the Suffolk Police Department and Office of the Commonwealth’s Attorney. Vice Mayor Brown called for an overview of Consent Agenda Item #8 - an ordinance to accept and appropriate funds from the Virginia Department of Housing and Community Development for the City of Suffolk Homeless Solutions Program. Vice Mayor Brown requested a summation of Consent Agenda Item #9 - a resolution to accept a donation of personal property for the Suffolk Police Department and Suffolk Animal Care from QVC - Suffolk and Target. 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 #9, City Manager Cuffee-Glenn offered a report on the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the 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 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, I, LLC Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes reviewed the background information as printed in the official agenda. Wayne Courtney, 98 Kilby Shore Drive, Courtney and Associates, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting September 5, 2012 Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, 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 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, I, LLC ORDINANCES Ordinance - An ordinance authorizing the City Manager to adopt and amend rules and regulations concerning the Suffolk Executive Airport City Attorney Holland summarized the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance as presented. Referring to the presentation, Council Member Barclay solicited information about the nature of the items that would be addressed under the proposed rules and regulations. City Attorney Holland advised that the proposed rules and regulations would impact airport schedules, fees and operational matters. Referring to the presentation, Council Member Barclay called for clarification about the City’s current rules and regulations regarding the operation of the Suffolk Executive Airport. City Attorney Holland explained that those are currently being prepared by Economic Development Director Kevin Hughes. Referring to the presentation, Council Member Barclay asked if the proposed ordinance would update the City’s regulations at the Suffolk Executive Airport as the Federal Aviation Administration updates its rules. City Attorney Holland replied in the affirmative and added that the updated rules and regulations would protect the City’s liability. Referring to the presentation, Council Member Duman sought information about the Economic Development Authority’s oversight of the Suffolk Executive Airport. City Attorney Holland stated that that the airport is under the oversight of the Economic Development Department. Referring to the presentation, Council Member Duman requested an explanation about the creation and adoption of the rules and regulations at the Suffolk Executive Airport under the proposed ordinance. City Attorney Holland said that under the proposed ordinance staff would create the rules and regulations, and then they would be adopted by the City Manager. Referring to the presentation, Council Member Duman inquired about the current process as it relates to the creation and adoption of the rules and regulations at the Suffolk Executive Airport. City Attorney Holland replied that currently there are no rules or regulations in place. 4 City Council Regular Meeting September 5, 2012 Referring to the presentation, Council Member Duman opined about the City’s responsibility to comply with the rules and regulations of the Federal Aviation Administration as it relates to the operation of the Suffolk Executive Airport. City Attorney Holland said that the City must comply with all of the rules and regulations as outlined by the Federal Aviation Administration. Referring to the presentation, Council Member Duman queried about the impact on the Suffolk Executive Airport, should City Council take no action on the proposed ordinance. City Attorney Holland explained that should City Council take no action on the proposed ordinance, staff will create rules and regulations, and then the proposal would need to be adopted by City Council. Members of City Council opined about the proposed ordinance as it relates to City Council’s input on adoption of rules and regulations at the Suffolk Executive Airport. Referring to the presentation, Mayor Johnson inquired about the feasibility of delaying action on the proposed ordinance until staff is able to prepare the proposed rules and regulations about the operation of the Suffolk Executive Airport and present them to City Council for their review. City Manager Cuffee-Glenn replied in the affirmative. Referring to the presentation, Council Member Barclay called for a summary of the State Code as it relates to the adoption of rules and regulations for the operation of the Suffolk Executive Airport. City Attorney Holland reported the under the State Code, the City Council is authorized to adopt rules and regulations for the Suffolk Executive Airport or may also delegate this authority to the City Manager. Council Member Gardy, on a substitute motion seconded by Council Member Barclay, moved to continue to consideration of the proposed ordinance to the September 19, 2012, City Council meeting and to direct staff to present rules and regulations regarding the operation of the Suffolk Executive Airport with the proposed ordinance. Member of City Council opined about offered substitute motion. Council Member Gardy, on a substitute motion seconded by Council Member Barclay, moved to continue to consideration of the proposed ordinance to the September 19, 2012, City Council meeting and to direct staff to present rules and regulations regarding the operation of the Suffolk Executive Airport with the proposed ordinance, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 RESOLUTIONS Resolution - A resolution stating the City of Suffolk’s opposition to the mining of uranium in the Commonwealth of Virginia Utilizing a PowerPoint presentation, Special Project Manager Sherry Hunt, offered a summary of the background information as printed in the official agenda. 5 City Council Regular Meeting September 5, 2012 Council Member Duman, on a motion seconded by Council Member Barclay, moved to approve the resolution, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 A RESOLUTION STATING THE CITY OF SUFFOLK’S OPPOSITION TO THE MINING OF URANIUM IN THE COMMONWEALTH OF VIRGINIA STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a Work Session for September 19, 2012, at 4:00 p.m., unless canceled Council Member Gardy, on motion seconded by Council Member Barclay, moved to schedule a Work Session for September 19, 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 NON-AGENDA SPEAKERS Arthur Elliott, 809 West Washington Street, was not present when called. The following individuals spoke to City Council about a ditch in their area that has debris, standing water, mosquitoes and other pest problems: Mildred Bailey, 4712 Magnolia Drive, representing self. Ruth Staley, 5961 Old College Drive, representing self. Chong Suk Anderson, 6013 Old College Drive, representing self. 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: Comprehensive Plan Review Advisory Committee – Carey Copeland (Peanut Soil and Water Conservation District Commission) and Southeastern Virginia Areawide Model Program, Incorporated Board of Directors – Elliot Drew 6 City Council Regular Meeting September 5, 2012 Council Member Milteer, on a motion seconded by Council Member Parr, 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 Council Member Milteer called for increased aerial spraying for mosquitoes in the southern part of the City. City Manager Cuffee-Glenn indicated that service has been ongoing and she would provide City Council with a spraying schedule. ANNOUNCEMENTS AND COMMENTS Mayor Johnson announced that the City has been recognized in an article in CNN Money Magazine as the ninth in its list of “Best Place to Live: Where the Jobs Are”. Utilizing PowerPoint presentation, Interim Media and Community Relations Manager Timothy Kelley reported on the following activities: the Suffolk Police Department Promotional Ceremony; activities for the Sister Cities visitors from Oderzo, Italy; ribbon cuttings for C3 Vino and Rita’s Italian Ice; the Economic Development Department’s “Award of Merit” from the Southern Economic Development Council Communication Awards; the Summer Work Success Closing Program; the Parks and Recreation Teen Summit events; Taste of Suffolk Festival; and CNN Money Magazine’s article on “Best Place to Live: Where the Jobs Are”. Council Member Duman commended Animal Control staff and Suffolk Humane Society for the decrease in the number of animal euthanized. Council Member Duman acknowledged the effort of the Emergency Medical Services staff in a recent accident. Council Member Duman advised he attended the following events: the Nansemond Pointe Rehabilitation Center’s Emergency Responders Appreciation Day; the reception for the Sister Cities visitors from Oderzo, Italy and the Suffolk Public Schools’ New Teacher Breakfast. Council Member Duman thanked City Manager Cuffee-Glenn and the Public Works Department for their assistance with a constituent concern on Pembroke Avenue. Council Member Duman opined about the rate of citizens’ support of charitable donations. Council Member Barclay announced that he attended the following events: the dinner for the Suffolk Sister Cities visitors from Oderzo, Italy and the Nansemond River Preservation Alliance and Chesapeake Bay Foundation Chuckatuck Creek tour. Council Member Gardy announced the following upcoming observances and events: National Preparedness Month; the Taste of Suffolk Festival; the Holland Volunteer Fire Department Chicken Dinner; the Liberty Springs Christian Church Fish Dinner fundraiser for Suffolk Police Officer James Winslow who was injured in the line of duty earlier this year; and the grand opening of the Rita’s Italian Ice. 7 City Council Regular Meeting September 5, 2012 Council Member Bennett reported on a flooding problem on Regency Drive. Council Member Bennett advised he attended a meeting of the Suffolk Meadows Home Owners Association where the following concerns were raised: the continuing blowing of train horns in the early morning and a request for installation of a “No Thru Traffic” sign. Council Member Bennett called for the installation of “No Exit” sign at Baron Boulevard and Dutchess Way. Council Member Bennett indicated that he has received concerns from residents of Olde Mill Creek about the railroad crossing in their area and the recent issues with the railroad crossing gate. Council Member Bennett congratulated the individuals promoted at the recent Suffolk Police Departmental Promotional Ceremony. Council Member Parr called on City Administration to provide Mmes. Bailey, Staley and Anderson with mosquito briquettes to reduce the number of mosquitos in their area and address their concerns raised under the Non Agenda Speaker portion of tonight’s meting Council Member Parr asked for assistance from Charter Cable with outage problems in the downtown area. Council Member Parr announced the openings of the following new businesses: Harper’s Table and C3 Vino. Council Member Parr advised he participated in the following events: a meeting with representatives from Hollywood Jericho Civic League and the East Suffolk Gardens Labor Day Celebration. Council Member Parr announced the upcoming Taste of Suffolk Festival. Council Member Milteer said he attended the Suffolk Public Schools’ New Teacher Breakfast and the events for the Sister Cities visitors from Oderzo, Italy. Council Member Milteer opined about the City’s bond ratings. Vice Mayor Brown opined about the City’s being recognized in an article in CNN Money Magazine as the ninth “Best Place to Live: Where the Jobs Are” Vice Mayor Brown congratulated all of the individuals recognized during the recent Suffolk Police Department Promotional Ceremony. Vice Mayor Brown expressed his condolences to the family of the late Rev. Dr. J. Rayfield Vines, Jr. Mayor Johnson advised she attended the following events: the Suffolk Public School’s New Teacher Breakfast and the Suffolk Police Department Promotional Ceremony. Mayor Johnson opined about the City’s being recognized in an article in CNN Money Magazine as the ninth “Best Place to Live: Where the Jobs Are” 8 City Council Regular Meeting September 5, 2012 Mayor Johnson opined about the finalization of the Urban Crescent letter regarding regional transportation needs. Mayor Johnson reported on the Hollywood-Jericho Community Day. Mayor Johnson announced the upcoming Taste of Suffolk Festival. Mayor Johnson asked that an invitation be extended to representatives from all railroad companies in Suffolk to address quality of life issues and related matters. Mayor Johnson opined about hurricane season and the observance of National Preparedness Month. Mayor Johnson opined the concerns raised by Mmes. Bailey, Staley and Anderson under the Non Agenda Speaker portion of tonight’s meeting. ADJOURNMENT Council Member Barclay, 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 8:20 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTEMBER 19, 2012 9