Council Member Dwight M. Parker

Transcription

1 City Council Work Session April 14, 2009 A Regular Work Session of the Chesapeake City Council was held April 14, 2009, at 4:55 p.m., in the City Hall Building, 306 Cedar Road. Present: Council Member Bryan L. Collins Vice Mayor John M. de Triquet Council Member C. E. Cliff Hayes, Jr. Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis Absent: Council Member Dwight M. Parker Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Bernard-Bailey, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore, Budget Director Angelia Yancey, Finance Director Nancy Tracy, Human Resources Assistant Director Nicole Clark, Public Works Waste Management Administrator David Thompson, Public Works Operations Superintendent Jerry Ivory, and other staff members. Also present: Commissioner of the Revenue Ray A. Conner, and Juvenile and Domestic Relations Court Judge Larry Willis. The Following Topics were discussed during the Work Session: 1) Budget Update and Review 2) Council Member Reports The Work Session adjourned 5:40 at p.m. /smu

2 Regular City Council Meeting April 14, 2009 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on April 14, 2009 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Pastor Walter E. Mitchell, New Mount Olive Baptist Church PLEDGE OF ALLEGIANCE: Girl Scout Troop 440, chartered by the Girl Scout Council of Colonial Coast with Assistant Troop Leader Kelli Good and Boy Scouts from Troop 996 chartered by Kempsville Presbyterian Church with Troop Leader Heath Covey. ROLL CALL BY CLERK OF COUNCIL Present: Council Member Bryan L. Collins Council Member C. E. Cliff Hayes, Jr. Vice Mayor John M. de Triquet Mayor Alan P. Krasnoff Council Member Dwight M. Parker (arrived at 6:40 p.m.) Council Member S.Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis Absent: None Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty Meyer, City Clerk Dolores Moore and other staff members. APPROVAL OF MINUTES Mayor Krasnoff advised that the minutes of the May 27, 2008 Regular City Council meeting were presented for approval. Council Member Ward, on a motion seconded by Council Member Collins, moved approval of the minutes of the May 27, 2008 Regular City Council meeting, as presented. Council Members Ritter and West stated they would abstain from voting on the minutes as they were not members of Council at that time. There was no discussion. On the motion for approval of the minutes of the May 27, 2008 Regular City Council meeting, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Ward and Willis. (Council Members Ritter and West abstained) (Council Member Parker excused)

3 CERTIFICATION OF CLOSED SESSION City Attorney Hallman read the following: The Chesapeake City Council hereby certifies that to the best of each member s knowledge, only public business matters lawfully exempted from open meeting requirements were discussed and only such public business matters as were identified in the motions convening the meeting were heard, discussed or considered by the City Council. Council Member Collins, on a motion seconded by Council Member Ward, moved approval of the certification of the Closed Session. There was no discussion. On the motion for approval of the certification of the Closed Session, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Ritter, West and Willis (Council Members Hayes abstained) (Council Member Parker excused) Mayor Krasnoff relinquished the gavel to Vice Mayor detriquet. PROCLAMATION - National Volunteer Week April 19-25, 2009 Mayor Krasnoff invited Assistant Human Resources Director Nicole Clark to the podium to receive the proclamation. Ms. Clark expressed thanks to the volunteers for their service to the City and asked that they stand to be recognized. Assistant Director Clark noted that 175, hours of volunteer service had been contributed to the City and presented a mock check to Mayor Krasnoff in the amount of $3,696,722.00, representing the monetary value of the service hours provided to Chesapeake by the volunteers. SPECIAL PRESENTATION Fine Arts Commission Mayor Krasnoff called incoming Fine Arts Commission Chairperson Norma Hoster-Burandt to the podium. Ms. Hoster-Burandt congratulated the winners of the Doris Sahr Memorial Piano and Arts Education grants and thanked the Fine Arts Commission members for their contributions. PROCLAMATION National Library Week April 13-19, 2009 Mayor Krasnoff invited Library Director Betsy Fowler to the podium to receive the proclamation. Director Fowler commented on the contributions that libraries, librarians and library workers make to the community and recognized several members of the library staff in attendance. Ms. Fowler announced the 1st Community Read book titled Storm Warriors by Elise Cargone, and encouraged citizens to participate in the new program. SPECIAL PRESENTATION Tidewater Chapter, Air Force Association Mayor Krasnoff invited Tidewater Chapter of the Air Force Association President Bill Cuthriell to the podium for the special presentation. Mr. Cuthriell announced that the Tidewater Chapter was holding a Heritage Aviation Gala on May 9, 2009 at the Virginia Beach Airport and Military Aviation Museum. President Cuthriell stated that all of the Reserved Officers Training Corps (ROTC) programs in Chesapeake were - 2 -

4 supported by the Tidewater Chapter of the Air Force Association and would benefit from the proceeds of the gala. Mr. Cuthriell provided a gift to the City Council Members. Council Member Ward, as one of the Library Liaisons, complimented Library Director Betsy Fowler and the library staff for their dedication. Council Member Parker arrived at 6:40 p.m. APPLICANTS AGENTS AND CITIZENS COMMENTS ON PUBLIC HEARING ITEM City Clerk Moore stated there were no speakers prior to the presentation of the Public Hearing Item. PUBLIC HEARING Non-Planning Public Hearing Item A. #09-O-031 AN ORDINANCE RELOCATING THE VOTING PLACE FOR THE JOHN T. WEST PRECINCT TO THE HUGO A. OWENS MIDDLE SCHOOL, DUE TO A FIRE DESTROYING THE FORMER VOTING FACILITY. City Clerk Moore presented the item and stated that there were no speakers. Council Member Parker, on a motion seconded by Council Member Hayes, moved approval of the relocation of the voting precinct, as presented. Council Member Ward inquired how citizens would be notified that the precinct had been relocated. City Attorney Hallman stated that the law requires a notification be mailed to the voters in the precinct and noted that ads would be placed in the local newspaper. Vice Mayor de Triquet asked Voter Registrar Virginia Garrett to the podium to comment on the relocation and notification process. Ms. Garrett stated that the voters in the precinct would be notified by mail and issued a new voter card 15 days prior to the next election. The change would also be advertised through notices on the City s cable station, WCTV-48, Verizon Channel 43; the City s website; and in the local newspaper. Council Member Collins asked if the precinct would be moved back to the original location when the Church was rebuilt. Ms. Garrett noted that the Electoral Board would make the determination on moving the precinct back after the building was completed. Council Member Ward inquired as to when the precinct change notices would be mailed to the voters. Ms. Garrett stated they would be mailed 15 days before the next election. Council Member Ritter suggested additional signage be placed at the new precinct location. Ms. Garrett noted that signs would be displayed 2 ½ weeks prior to the election. Ms. Ritter then inquired if there would be any other precinct changes in the City before the November election; Ms. Garrett advised that there were no other anticipated changes until There was no further discussion

5 On the motion to approve the Ordinance relocating the voting precinct, as presented, voting yes; Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Vice Mayor de Triquet returned the gavel to Mayor Krasnoff. CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore stated that there were no speakers on agenda items. CONSENT AGENDA Mayor Krasnoff asked Council Members if there were any items they wished removed from the Consent Agenda for consideration under the Regular Agenda. Council Member Collins requested that City Manager Item #1 be removed for consideration under the Regular Agenda. City Clerk Moore read the Consent Agenda into the record. Council Member Collins, on a motion seconded by Council Member Parker, moved approval of the Consent Agenda, as presented, with the exception of City Manager #1. There was no further discussion. On the motion to approve the Consent Agenda, as presented, with the exception of City Manager Item #1, voting yes; Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. City Clerk Items (1) RESIGNATIONS FROM BOARDS AND COMMISSIONS (a) Tony Orlando - Stormwater Committee (b) LaToya Jeanita King Human Services Advisory Board (c) Odean J. Vanthul Chesapeake Historic Preservation Commission (deceased) (d) Donna Hill Chesapeake Bicycle/Trails Advisory Committee (2) REFUNDS (a) Stony Run Builders, LLC - $4, (b) Sigmon Group - $6, (c) Cleveland Construction, Inc. - $7, (d) Compass Technology Management, Inc. - $5, City Manager Items (1) REQUEST FOR APPROPRIATION OF $98,000 IN PAYMENTS IN LIEU OF PROVIDING OPEN SPACE AND RECREATIONAL AREAS FOR HARBOR NORTH PARK AND A PARK AT THE GREAT BRIDGE BATTLEFIELD AND VISITOR CENTER DEPARTMENT OF PARKS AND RECREATION This item was removed from the Consent Agenda for consideration under the Regular Agenda portion of the docket

6 (2) #09-O-032 REQUEST FOR APPROPRIATION OF $150,000 IN IV-E FOSTER CARE PROGRAM FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES DEPARTMENT OF HUMAN SERVICES/DIVISION OF SOCIAL SERVICES (3) #09-O-033 REQUEST FOR APPROPRIATION OF $150,522 IN NON-VIEW DAY CARE PROGRAM FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES DEPARTMENT OF HUMAN SERVICES/DIVISION OF SOCIAL SERVICES (4) #09-O-034 REQUEST FOR APPROPRIATION OF $418,096 IN ADOPTION SUBSIDY PROGRAM FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES DEPARTMENT OF HUMAN SERVICES/DIVISION OF SOCIAL SERVICES (5) #09-R-020 CONSIDERATION OF A RESOLUTION APPROVING A REQUEST BY A TO Z TRANSPORTATION, INC. TO THE VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES TO OPERATE A PRIVATE, BASIC LIFE SUPPORT, NON-EMERGENCY TRANSPORT SERVICE IN THE CITY OF CHESAPEAKE, VIRGINIA FIRE DEPARTMENT (6) #09-R-021 CONSIDERATION OF A RESOLUTION APPROVING A REQUEST BY TABT MEDICAL TRANSPORTATION, LLC, TO THE VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES TO OPERATE A PRIVATE, BASIC LIFE SUPPORT, NON-EMERGENCY TRANSPORT SERVICE IN THE CITY OF CHESAPEAKE, VIRGINIA FIRE DEPARTMENT REGULAR AGENDA City Manager Items (1) #09-O-035 REQUEST FOR APPROPRIATION OF $98,000 IN PAYMENTS IN LIEU OF PROVIDING OPEN SPACE AND RECREATIONAL AREAS FOR HARBOR NORTH PARK AND A PARK AT THE GREAT BRIDGE BATTLEFIELD AND VISITOR CENTER DEPARTMENT OF PARKS AND RECREATION This item was removed from the Consent Agenda at the request of Council Member Collins, who abstained from voting on the item stating his family owns property in the area. City Manager Harrell presented the item. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the Appropriation, as presented. There was no further discussion. On the motion for approval of the Appropriation, as presented, voting yes: Council Members de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. (Council Member Collins abstained) - 5 -

7 (7) #09-R-023 CONSIDERATION OF A RESOLUTION ADOPTING A NATURAL HAZARDS MITIGATION PLAN FOR THE CITY OF CHESAPEAKE, VIRGINIA FIRE DEPARTMENT City Manager Harrell presented the item and recommended approval. Council Member Ritter, on a motion seconded by Council Member Willis, moved approval of the Resolution, as presented. Council Member Ritter requested that Hazard Mitigation Planner Robb Braidwood come to the podium for questions. Mayor Krasnoff asked Mr. Braidwood to the podium. Mr. Braidwood spoke about the City s Natural Hazards Mitigation Plan for and advised that the plan was being used by the Federal Emergency Management Agency (FEMA) as a template for other localities. Mr. Braidwood stated that Delaware would be using the template for the entire State. Mr. Braidwood commented on the Natural Event Mitigation Advisory Committee s (NEMAC) involvement and noted that Chesapeake was the only locality in the State to have an approved and updated mitigation plan, which would be helpful in applying for additional grants. Council Member West inquired about the Executive Summary of the mitigation plan and asked if there were any additional plans that would address terrorism and man-made mitigation. Mr. Braidwood stated that there was an Appendices section of the plan which was considered classified and was for official use only. Council Member Ward commended staff on the report and the inclusion of the Crest Harbor neighborhood. Council Member Willis commented on the public/private partnership involvement in updating and writing the mitigation plan. There was no additional discussion. On the motion for approval of the Resolution, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. (8) #09-O-036 REQUEST FOR APPROPRIATION OF $16,050 IN DONATED REVENUE TO THE CHESAPEAKE PUBLIC LIBRARY DEPARTMENT OF LIBRARIES AND RESEARCH SERVICES City Manager Harrell presented the Appropriation and requested approval as an emergency action. Council Member Ward, on a motion seconded by Council Member Ritter, moved approval of the Appropriation, as presented, and as an emergency action. There was no discussion. On the motion for approval of the Appropriation, as presented, and as an emergency action, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis

8 (9) #09-O-037 REQUEST FOR APPROPRIATION OF $330,000 OF ECONOMIC DEVELOPMENT DESIGNATED FUND BALANCE DEPARTMENT OF ECONOMIC DEVELOPMENT City Manager Harrell presented the item and recommended approval. Vice Mayor de Triquet, on a motion seconded by Council Member Hayes, moved approval of the Appropriation, as presented. There was no discussion. On the motion for approval of the Appropriation, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. (10) #09-O-038 REQUEST FOR APPROPRIATION OF $459,549 IN VIRGINIA DEPARTMENT OF TRANSPORTATION STATE REIMBURSEMENT REVENUE FOR THE GREENBRIER PARKWAY THIRD NORTHBOUND LANE PROJECT BETWEEN VOLVO PARKWAY AND EDEN WAY NORTH DEPARTMENT OF PUBLIC WORKS City Manager Harrell presented the Appropriation and requested adoption as an emergency action. Council Member Hayes, on a motion seconded by Council Member Willis, moved approval, as presented, and as an emergency action. Council Member Willis inquired when the project would be completed. City Engineer Earl Sorey came to the podium and stated that adoption as an emergency action would allow the project to expeditiously proceed. Mr. Sorey noted that the improvements would begin in July and should be completed in late September. There was no further discussion. On the motion for approval of the Appropriation, as presented, and as an emergency action, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. (11) #09-O-039 REQUEST FOR APPROPRIATION OF $776,997 IN AMERICAN RECOVERY AND REINVESTMENT ACT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS POLICE DEPARTMENT City Manager Harrell presented the Appropriation and requested approval as an emergency action. Council Member Parker, on a motion seconded by Vice Mayor de Triquet, moved approval of the Appropriation, as presented, and as an emergency action. Council Member Hayes requested that Police Chief Kelvin Wright come to the podium for questions. City Manager Harrell asked Chief Wright to come forward. Council Member Hayes requested an overview of the items that would be funded from the grant funds

9 Chief Wright stated that the grant would provide for funding of several major information technology projects deemed to be the most critical to public safety and crime prevention in the City, including neighborhood cameras, an automatic vehicle locator system, smart boards, a citizen automated reporting system, a Laserfiche system and tactical recording systems. Vice Mayor de Triquet commented that in past analysis of operations, these projects were included in the recommendations by an outside Consultant and that he was glad to see that the funds would be used for those items. Council Member Ward commended the Police Department on the grant award and inquired if pistol cameras would be considered in the future. Chief Wright noted that a pistol camera vendor would be offering a demonstration in the near future. Council Member Willis asked where the screens for the neighborhood cameras would be located. Chief Wright advised that the type of cameras used in the neighborhoods would have Internet Protocol (IP) address capabilities, allowing officers in the field to access the information; there would also be screens at the Police Headquarters. There was no further discussion. On the motion for approval of the Appropriation, as presented, and as an emergency action, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. (12) City Manager Updates City Manager Harrell provided an update on the Virginia Resources Authority meeting held in Richmond earlier in the day. CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) City Clerk Moore identified the following speakers. Marie Privott, 1431 Lilac Avenue, representing self and neighbors, spoke on Public Safety issues in Norfolk Highlands. Lois Price, 706 Firethorn Road, representing self and Oakbrooke/Stillwater Farms Civic League, spoke on the Value Place Hotel. Curtis McDonald, 613 Waters Road, representing self, spoke on excessive flooding and water standing on his property. (Mabel Spellman, a neighbor came to the podium with Mr. McDonald.) Earl McDaniel, 1504 Lilac Avenue, representing self, spoke on the residents at 1500 Lilac Avenue. Mayor Krasnoff requested that City Manager Harrell schedule a meeting with the Commonwealth Attorney s office, liaisons of the Community Services Board, the Police Department and Norfolk Highland residents to investigate what could be done to resolve the issues in that area of the City

10 City Manager Harrell stated that he would schedule a meeting with Neighborhood Services as well as the groups that Mayor Krasnoff outlined and a report would be forthcoming. Mayor Krasnoff asked that City Manager Harrell schedule a meeting with the Public Works liaisons and Interim Director of Neighborhood Services Jay Tate concerning the Value Place Hotel issues and report back to City Council. Council Member Ritter commented that the issue was the variances. She asked which department approved the project and if the lot was a flag lot created outside of the zoning ordinance. Mayor Krasnoff requested City Manager Harrell to have staff and Public Works liaisons meet with Mr. McDonald on the flooding issues at 613 Waters Road. City Manager Harrell replied that City Engineer Earl Sorey would coordinate a meeting with the neighborhood as well as the Public Works liaisons to address the flooding issues. Council Member Ritter commented that when onsite retention for new subdivisions was previously discussed, the Subdivision Ordinance stated that there would be no adverse impacts on neighboring properties. Ms. Ritter suggested a review of the Subdivision Ordinance by staff. Council Member Collins stated that assurances were given during Planning Commission Meetings that there would not be any adverse impacts on neighboring properties and suggested a review of the Public Works manual. Mayor Krasnoff turned the gavel over the Vice Mayor de Triquet. NOMINATIONS TO BOARDS AND COMMISSIONS (B) Airport Authority 4 Vacancies Vice Mayor stated that there were four vacancies for the Airport Authority. Council Member Collins nominated Leander Lowell and Herbert Perlin for reappointment. Council Member West nominated Kurt Kennedy and Thomas Love for reappointment. Council Member Parker, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominees. There was no discussion. On the motion to close the nominations and appoint the nominees, voting yes; Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Leander Lowell, Herbert Perlin, Kurt Kennedy and Thomas Love were reappointed to the Airport Authority

11 (L) Port Authority 1 Vacancy Vice Mayor de Triquet stated that there was one vacancy on the Port Authority. Council Member Hayes nominated James Robinson for re-appointment. Council Member Collins, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominee. There was no discussion. On the motion to close the nominations and appoint the nominee, voting yes; Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. James Robinson was reappointed to the Port Authority. APPOINTMENTS TO BOARDS AND COMMISSIONS (A) Transportation Toll Facility Advisory Committee 5 appointments Vice Mayor de Triquet noted that there was not a full complement of applicants. Council Member Willis stated that an attorney was needed to complete the list of nominees and encouraged citizens to apply for the Committee. There was no further discussion. Without objection, Council Member Ritter suggested that appointments to the Transportation Toll Facility Advisory Committee be continued to the May 26, 2009 City Council Meeting. There was no objection. Vice Mayor de Triquet returned the gavel to Mayor Krasnoff. COMMITTEE REPORTS Council Member Collins stated that he would be providing a letter to City Clerk Moore for distribution to Council Members concerning the economic impact of the Chesapeake Jubilee. Council Member Hayes, as Liaison to the Youth Committee, announced the 5 th Annual Mayor s Cup T-Ball Classic scheduled for April 25, 2009 on the grounds of City Hall and advised that residents could register with the Office of Youth Services at Council Member Parker thanked Deputy City Manager Betty Meyer for the list of drivers relating to the budget provided to City Council members. Council Member Ritter spoke about repaving projects in the City and expressed concerns with an area of Cedar Road that had recently been resurfaced. Ms. Ritter stated that the area near the cemetery on Cedar Road had a washboard effect and inquired if there was any bond money left on the contract. Council Member Ritter requested a letter be sent to Precon Construction acknowledging the excellent job that had been done on the Albermarle Acres and Centerville Turnpike water/sewer project

12 Council Member Ward, as a Legislative Liaison, stated that Senate Bill 1200 requesting exemption for disabled veterans and their spouses also would exempt all veterans and their spouses for licenses and fees for motor vehicles and asked what impact the exemption would have on the City s budget. Dr. Ward noted her recent meeting with School Superintendant W. Randolph Nichols and School Board Members on March 31, 2009 stating that receipt of $13,749 million dollars in federal stimulus money would prevent the furlough of 200 school employees. Council Member Willis complimented the Friends of the Arts on their fund raising efforts. OLD AND NEW BUSINESS Mayor Krasnoff requested a motion to suspend the City Council s Rules of Order and Procedure to consider an item not on the printed agenda. Council Member Ward, on a motion seconded by Vice Mayor de Triquet, moved to suspend the City Council s Rules of Order and Procedure to consider an item not on the printed agenda. There was no discussion On the motion to suspend the City Council s Rules of Order and Procedure to consider an item not on the printed agenda, voting yes; Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. #09-R-024 RESOLUTION MODIFYING THE RESOLUTION ADOPTED BY CITY COUNCIL ON APRIL 7, 2009 APPROVING THE FINANCIAL ASSISTANCE PLAN FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY PREPARED BY THE CHIEF ADMINISTRATIVE OFFICERS OF THE EIGHT MEMBER JURISDICTIONS, TO PROVIDE FOR A GENERAL OBLIGATION GUARANTEE OF WORKING CAPITAL CREDIT LINES AND TO CLARIFY THAT REPAYMENT OF FUNDS PROVIDED BY THE CITY UNDER THE GUARANTEE WILL BE SUBORDINATE TO BONDS ISSUED BY THE VIRGINIA RESOURCE AUTHORITY. City Attorney Hallman presented the item. Council Member Collins, on a motion seconded by Council Member Parker, moved approval of the Resolution, as presented. Council Member Collins stated his disappointment that the Virginia Resources Authority (VRA) had asked for a General Obligation Guarantee versus a Moral Obligation. Council Member Parker asked for clarification of the difference between Moral Obligation versus General Obligation Guarantee. City Attorney Hallman advised that Moral and General obligations were similar with the exception that a general obligation would apply against the City s debt limit and a Moral Obligation would not. City Manager Harrell noted that the amount of the obligation, $8.6 million, would not have a significant impact on the City s credit limit

13 Council Member Willis asked how close the City was to the credit limit and if this would have any affect on the five year Capitol Improvement Budget. Deputy City Manager Betty Meyer confirmed that the City had a debt capacity of $180 million plus and that the City was not proposing any sales until year three of the Capitol Improvement Budget or any borrowing within the five year Capitol Improvement Budget. Council Member Willis asked that the representative from Branch Bank &Trust (BB&T) be called to the podium for questions. Mayor Krasnoff asked Mr. Darrell Hill, representing BB & T, to the podium. Council Member Willis asked what the consequences would be if the City did not agree to move from a moral obligation to the general obligation requested by VRA. Mr. Hill explained that if the City did not agree, the restructuring of Southeastern Public Service Authority (SPSA) debt would not happen. The increase in the tipping fee would have to be revisited and most likely there would be a significant increase in tipping fees. Council Member Ritter stated that lines of credit designated for Capital projects had been used for day to day operational needs by SPSA. City Manager Harrell stated that SPSA had requested Wachovia Bank to move credit lines designated for Capital projects to operational needs and advised that the City would work with Wachovia to identify which specific credit line we would be covering. Council Member Ritter asked if SPSA was required to offer any collateral. Deputy City Manager Meyer answered they were not offering any collateral and the reason no collateral was offered was to give SPSA time to sell some assets. Vice Mayor de Triquet asked why Chesapeake and Norfolk were underwriting the credit line. City Manager Harrell responded it was to keep the flow of working Capital for SPSA and to keep them operational. Vice Mayor de Triquet commented that the Resolution and restructing were business deals and Wachovia Bank was seeking to strengthen their position. He noted that City Council members should be kept current on the issue. Council Member Willis stated that she was concerned with the wording in the Virginia Resources Authority Resolution under Item 5 (d) stating not less than $17.2 million. City Attorney Hallman responded that Chesapeake was following the Chief Administrative Officers recommendation, which was not more than $17.2 million and we are being very specific in the amount of $8.6 million. Mayor Krasnoff asked Mr. Hill to return to the podium. Mr. Hill noted that the two lines of credit had been topped; one for operational expenses and the other for Capital Improvements which was converted to operational

14 for cash flow purposes. He stated that all the money had not been spent and the guarantee would allow for cash flow. Council Member Collins stated that the SPSA Board approved the use of $7 million of the credit lines to keep the cash flowing for operational purposes. Vice Mayor de Triquet stated that $7.2 million was not enough to keep SPSA operational but guarantees by other members and tipping fee collections would allow the organization to operate, restructure and continue collecting trash for residents. Mayor Krasnoff remarked that SPSA had not kept faith with the people. Dr. Krasnoff stated that not approving this would potentially loose public safety, school and other funding and advised that we had no choice but to participate. Council Member Willis remarked that in her opinion, VRA s language pre-empts Chesapeake s Resolution. City Manager Harrell stated that the City Attorney s office felt the language within the proposed Resolution was sufficient. Council Member Willis asked if there was language that prevented SPSA from borrowing any additional monies. City Manager Harrell stated Chesapeake was in the best possible position, given the circumstances and he would not recommend addressing the additional borrowing issue at that time. Council Member Parker moved the previous question to end the debate. There was no further discussion. On the motion moving the previous question to end debate, voting yes; Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. On the original motion for approval of the Resolution, as presented, voting yes; Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Council Member Collins advised Council Members that they should have received on events that had occurred during the previous forty-eight hours. He noted that the SPSA Board would be working toward dissolving of assets during the April 28 th, 2009 City Council meeting

15 BENEDICTION Council Member Hayes offered the benediction. ADJOURNMENT With there being no further business to discuss, Mayor Krasnoff adjourned the meeting at 8:55 p.m. /smu Mayor Attest: City Clerk

16 City Council Closed Session April 14, 2009 A Closed Session of the Chesapeake City Council was held April 14, 2009, at 4:00 p.m., in the Executive Conference Room, 1 st Floor, City Hall Building, 306 Cedar Road. Present: Council Member Bryan L. Collins Vice Mayor John de Triquet Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis Absent: Council Member C. E. Cliff Hayes, Jr. (excused) Council Member Dwight M. Parker (excused) Present from Administration: City Manager William Harrell and City Attorney Ronald Hallman The Closed Session adjourned at 4:25 p.m. (Certification occurred during the City Council meeting at 6:30 p.m., April 14, 2009.) /smu - 1 -