The following topics were discussed during the Work Session:

Transcription

1 City Council Work Session A Regular Work Session of the Chesapeake City Council was held April 28, 2009, at 4:00 p.m., in the City Hall Building, 306 Cedar Road. Present: Council Member Bryan L. Collins Council Member C. E. Cliff Hayes, Jr. Vice Mayor John de Triquet Mayor Alan P. Krasnoff Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis 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 Jean Meyer, City Clerk Dolores Moore, Budget Director Angelia Yancey, Finance Director Nancy Tracy, Human Resource Director Mary Bullock, Chief Information Officer Peter Wallace, Police Chief Kelvin Wright, City Auditor Jay Poole, Parks and Recreation Director Robert A. Bobby Clifton, Health Department Director Nancy Welch, and other staff members. Also Present: Commissioner of Revenue Ray Conner; Chesapeake Public School Board Chairman Sheila Hill-Russ, Vice Chairman Harry A. Murphy and School Board Members C. Jeff Bunn, Jay Leftwich, Thomas L. Mercer, Christina Pullen, and Michael J. Woods; Superintendent of Schools W. Randolph Nichols, Clerk of School Board Alan L. Vaughan, Assistant Superintendent/Budget & Finance Victoria Lucente, Assistant Superintendent/Personnel Support James Jim T. Roberts, and Program Administrator for Planning and Development Paige Stutz. The following topics were discussed during the Work Session: 1) Chesapeake Public Schools/School Board Members 2) Budget Update & Review 3) Council Member Reports The Work Session adjourned at 5:36 p.m. /vfm - 1 -

2 Regular Meeting of City Council A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on at 6:30 p.m., in the City Hall Building, 306 Cedar Road. INVOCATION: Pastor Bob Robinson, Portlock United Methodist Church NATIONAL ANTHEM: Music Study Club President Faith Guiterrez sang the National Anthem. PLEDGE OF ALLEGIANCE: Cub Scout Troop 901, Tiger Den, chartered by St. Thomas Episcopal Church. The Den Leader was Eric Dunbar. ROLL CALL BY CLERK OF COUNCIL: 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 Dwight M. Parker (arrived at 9:00 p.m.) Council Member S. Z. Debbie Ritter Council Member Ella P. Ward (excused at 8:55 p.m.) 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 Wanda Barnard-Bailey, City Manager Amar Dwarkanath, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore, and other staff members. Mayor Krasnoff requested a moment of silence to acknowledge the passing of former Mayor Sidney M. Oman. APPROVAL OF MINUTES Mayor Krasnoff advised that the minutes of the Work Session and Regular City Council meeting of June 17, 2008 were presented for approval. Council Member Collins, on a motion seconded by Council Member Ward, moved approval of the minutes as presented. Council Members Ritter and West stated they would abstain from voting as they were not on City Council at that time. On the motion for approval of the minutes as presented, voting yes: Council Member Collins, de Triquet, Hayes, Krasnoff, Ward and Voting No: None (Council Member Parker excused and Council Members Ritter and West abstained) Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. Vice Mayor de Triquet acknowledged Mayor Krasnoff for special presentations.

3 PROCLAMATION Drinking Water Week Mayor Krasnoff invited Public Utilities Director Jim Walski, Water Production Chemist Dean Perry, and Water Distribution Superintendent Pennie Simmons to the podium to receive the Drinking Water Week proclamation. Mr. Walski thanked Mayor Krasnoff and Members of City Council for the proclamation. He acknowledged the accomplishments of his staff and commented on the importance of drinking water to society, the need to preserve and conserve it as a vital resource. PROCLAMATION National Music Week Mayor Krasnoff welcomed Music Study Club President Faith Guiterrez, and Vice President Jean Turmel to the podium to receive the National Music Week proclamation. Ms. Guiterrez accepted the proclamation and expressed appreciation on behalf of the Music Study Club. CERTIFICATE OF RECOGNITION Ryan A. Gillespie Mayor Krasnoff asked City Manager William Harrell, Deputy City Manager Betty Jean Meyer, and Dr. Bill Gibson of Virginia Wesleyan College to join him at the podium to recognize and present a Certificate of Recognition to Ryan A. Gillespie. Ryan had served as an intern in the City Manager s office since January City Manager Harrell commented on Ryan s talents, commitment and attitude; all of which had benefited the City Manager s office as well as the entire City. Deputy City Manager Meyer expressed appreciation and congratulated Ryan. Ryan thanked Mayor Krasnoff, Members of City Council, City Manager Harrell and staff for the opportunity to serve as an intern for the City of Chesapeake. SPECIAL PRESENTATION Jubilee, Inc. Mayor Krasnoff invited Jubilee, Inc. President Laura McElveen and Jubilee, Inc Chairperson Lou Tayon to the podium to make a presentation to City Council. Chairperson Tayon thanked Mayor Krasnoff and City Council Members before commenting on the upcoming Jubilee. Ms. McElveen announced that Jubilee, Inc. was partnering with Relay for Life to benefit the American Cancer Society and noted that Jubilee packages had been placed in Council Members offices. APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Moore identified the following speakers: Cheryl Hindle, 313 Sedgewood Court, representing the Chesapeake Humane Society, spoke in support of Non-Planning Public Hearing Item (F). Vice Mayor de Triquet explained that Non-Planning Public Hearing Item (F) was on the agenda to receive public input only, and no action would be taken by City Council until sometime in the future. Dr. de Triquet asked City Manager Harrell to provide comments. Mr. Harrell noted that City staff was present to hear citizens comments and questions so those could be taken into account prior to bringing the matter back to City Council for action

4 Vice Mayor de Triquet relinquished the gavel to Mayor Krasnoff. PUBLIC HEARING ITEMS Public Hearing Items A. R(C) PROJECT: Washington Woods APPLICANT: Bohn Construction Company AGENCY: Horton & Dodd, PC PROPOSAL: A conditional zoning reclassification of 9.25 acres from A-1, Agricultural District to R-15s, Singlefamily Residential District PROPOSED COMP LAND USE & DENSITY: Low density residential, 2.2 dwelling units per acre EXISTING COMP LAND USE & DENSITY: Low density residential,.33 dwelling units per acre LOCATION: Property located at the intersection of Washington Drive and Midway Drive TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission recommended approval with the following proffers: 1. The Applicant/Owner agrees to provide a 50 stub street to tax map ID to provide connectivity for future development and shared access to Washington Drive through the property subject to this rezoning. The location and dimensions of the stub street shall be approved by the Director of Public Works or designee. The stub street shall be on the final subdivision plat and run concurrent with subdivision recordation. 2. The Applicant/Owner agrees to dedicate a minimum one-half of the ultimate 60 right-of-way along the property s frontage with Washington Drive. This dedication shall be recorded with the subdivision plat. 3. The Applicant/Owner agrees to create no more than 18 single family building lots on the rezoned property. 4. The Applicant/Owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public arterial and collector streets within the traffic shed impacted by the rezoning, including but not limited to, right-of-way acquisition, road design, road construction, project management, widening, paving, striping, adding turn lanes, adding acceleration or deceleration lanes, installing or adjusting traffic control devices, installing curb and gutter, making ditch and shoulder improvements, and constructing or improving roadside drainage facilities. The amount of the voluntary cash contribution shall be $3,179 per residential lot. The cash contribution shall be in addition to any required or voluntary road improvements. The Applicant/Owner agrees to make the proffered cash contribution prior to final subdivision plat approval for all residential lots shown on such plat. 5. The Applicant/Owner agrees to make a cash contribution to the City of Chesapeake for the expansion of classroom space in impacted public schools, including but not limited to, land acquisition for the expansion of - 3 -

5 public school facilities and construction of new schools and additions. The amount of the voluntary cash contribution shall be $14, per residential lot. The Applicant/Owner agrees to make the proffered cash contribution prior to final subdivision plat approval for all residential lots shown on such plat. The Applicant/Owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake s lock box, also known as the General Fund Reserve for School Capital Construction Costs and shall be subject to City Council approval prior to appropriation. In the event the cash proffer is not expended for land acquisition or classroom expansion within time constraints imposed by state law, the Applicant/Owner agrees that the cash proffer may be used for capital improvement projects for major repair, maintenance and renovation of public schools in the same school planning area as the rezoned property. 6. The Applicant/Owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public libraries, including but not limited to, land acquisition; design, construction, expansion, renovation, and repair of buildings and appurtenances; and acquisition of capital assets necessary to the operation of public libraries. The amount of the voluntary cash contribution shall be $ for each residential lot. The Applicant/Owner agrees to make the proffered cash contribution prior to final subdivision plat approval for all residential lots shown on such plat. 7. The Applicant/Owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public emergency service facilities, including but not limited to, land acquisition; design, construction, expansion, renovation, and repair of buildings and appurtenances; and acquisition of capital assets necessary to the provision of emergency fire and medical services to the citizens of Chesapeake. The amount of the voluntary cash contribution shall be $ for each residential lot. The Applicant/Owner agrees to make the proffered cash contribution prior to final subdivision plat approval for all residential lots shown on such plat. 8. The Applicant/Owner agree that all buildings to be constructed on the subject property shall conform to the following architectural requirements as approved by the Director of Planning or designee: a. One story dwellings shall have a minimum of 2,200 square feet of heated living space and two story dwellings shall have a minimum of 2,600 square feet of heated living space. (Heated living space excludes porches, decks, breezeways, basements, garages and attic areas.) - 4 -

6 b. The Applicant/Owner agrees that each residential building shall be constructed with an exterior finish consisting of the following primary materials or combination of the following materials for 100% of the entire perimeter walls of the building (except window and door openings, trim, soffits, cornice, porches, decks). Alternative materials to the primary material may be used for cornice, porches, decks, soffits, trim, moldings, windows, and doors. The primary materials to be used are: (i) brick (ii) concrete-based siding (iii) beaded vinyl siding. c. All roofs shall be covered with Architectural Grade Shingles. No flat tab shingles will be permitted. d. All accessory buildings (sheds, garages, etc.) shall be constructed using the same exterior finish as the residential building on the same lot. e. All dwellings shall be constructed on a crawl space. f. Each dwelling shall be provided with a garage. 9. The Applicant/Owner agrees that no building permit shall be requested or approved until certain intersection improvements required by R(C)-04-05(Rev 9/07) at Waters Road and Cedar Road have been completed. The applicant submitted a revised stipulation #4 as follows: 4. The Applicant/Owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public arterial and collector streets within the traffic shed impacted by the rezoning, including but not limited to, right-of-way acquisition, road design, road construction, project management, widening, paving, striping, adding turn lanes, adding acceleration or deceleration lanes, installing or adjusting traffic control devices, installing curb and gutter, making ditch and shoulder improvements, and constructing or improving roadside drainage facilities. The amount of the voluntary cash contribution shall be $3,179 per residential lot. The Applicant/Owner will determine off site improvements to Washington Drive equal in value to the voluntary cash contribution that can be constructed at the same time the subdivision is developed. At the discretion of the Chesapeake Public Works Department, the off site improvements so identified may be accepted in lieu of the cash contribution herein agreed upon for public streets and roadway capital improvements. The cash contribution or off site improvements as determined by the foregoing shall be in addition to any required or other voluntary road improvements. The Applicant/Owner agrees to make the proffered cash contribution or perform the off site road way improvements prior to final subdivision plat approval." - 5 -

7 Mayor Krasnoff advised that the agent, Gregory Dodd, was requesting a continuance. City Clerk Moore identified the following speaker in support of Public Hearing Item A: J. Gregory Dodd, 300 George Washington Highway North, representing Horton and Dodd, P.C., requested a continuance of R(C) Washington Woods to the June 16, 2009 City Council meeting. City Clerk Moore identified the following speakers in opposition to Public Hearing Item A: Suzie Parsons, 1010 Washington Drive, representing self. Louis Parsons, 1010 Washington Drive, representing self. Bill Garrett, 4026 Scotfield Drive, representing self. Debbie Dennis, 633 Washington Drive, representing the Dennis Family. Jack Fichter, 828 Washington Drive, representing citizens of Washington Drive and self. Tom Belesimo, 837 Washington Drive, representing self. Ann Spruill, 912 Washington Drive, representing self. Richard McGill, 2020 Mt. Pleasant Way, Prince Frederick, Maryland, representing property owners. Council Member Willis, on a motion seconded by Council Member Ward, moved to deny R(C) Council Member Willis advised that she would not support the project or Mr. Dodd s request for a continuance based on road safety issues. Council Member West stated that Washington Drive was a dangerous road and the speakers had expressed valid concerns; he supported the continuance to allow the developer the opportunity to meet with the residents to address their differences. Council Member West, on a substitute motion seconded by Council Member Collins, moved to continue R(C) to the July 21, 2009 City Council meeting. Council Member Collins asked Planning Director Brent Nielson to ensure that City Council received current information on the application when materials had been updated. Vice Mayor de Triquet stated that he generally supported continuances, however, he could not see how the problems in this application could be resolved. Mayor Krassnoff invited Mr. Dodd back to the podium. Mr. Dodd elaborated on the improvements that would be proposed which included widening Washington Drive and improving the drainage. He noted a continuance would allow him the opportunity to get more specific detail in the proffers. Council Member Willis and Mr. Dodd had a brief discussion regarding the cost of widening Washington Drive and how much money the client was willing to proffer. Mr. Dodd stated that he preferred to come back with more specific proffers to address the concerns expressed by the neighborhood

8 Council Member Ward advised Mr. Dodd that reducing the funding in the current proffers to address the road issues would not be acceptable to her. Council Member Hayes stated his concurrence with Council Member West s comments and asked Interim Director of Neighborhood Services Jay Tate to the podium to provide a brief summary of the future plans for Waters Road. Mr. Tate explained that Waters Road was on the Master Road Plan and was considered a collector road. Washington Drive was a middle arterial road or secondary road and there were no future plans for that road. Council Member Hayes noted his support of the continuance to obtain additional information and suggested a 90-day continuance to the July 21, 2009 City Council meeting. The maker and second of the substitute motion agreed to the July 21, 2009 date. Council Member Willis asked Mr. Fichter to the podium for comments. Mr. Fichter stated that the proposed plans would result in additional traffic problems with no future plans for road improvements. Mr. Belesimo returned to the podium and added that Mr. Dodd was only offering to improve Washington Drive in one location. Council Member Ritter stated her inability to support the continuance. Council Member Hayes asked Mr. Dodd what improvements would be made to the area. Mr. Dodd said he envisioned the widening of Washington Drive to Scenic Boulevard with a right turn lane and drainage improvements (piped ditches), but no curbs or gutters. There was no further discussion. On the substitute ;motion to continue R(C) to the July 21, 2009 City Council Meeting, voting yes: Council Members Collins, Hayes and West. Voting No: Council Members de Triquet, Krasnoff, Ritter, Ward and (Council Member Parker excused) The substitute motion for continuance failed. On the original motion for denial of R(C)-08-23, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Ward, West, and Voting No: None (Council Parker excused) B. UP PROJECT: Nail Salon APPLICANT: Michelle Sweat PROPOSAL: A conditional use permit to allow a nail salon as a home occupation and to permit the business to operate until 7pm on certain days. ZONE: R-15s, Single-family Residential SIC CODE: 7231 LOCATION: 2116 Christopher Drive TAX MAP SECTION/PARCEL: BOROUGH: Western Branch The Planning Commission recommended approval with the following stipulations: 1. The owner/applicant agrees that the hours of operation shall be Tuesdays from 3:00 p.m. until 7:00 p.m., Wednesdays from 3 p.m. until 7 p.m. with every other Wednesday from 9 a.m. until 7 p.m., and Thursdays from 3 p.m. until 7 p.m

9 2. The owner/applicant agrees that parking for the residence and the home occupation shall be accommodated on-site. 3. The owner/applicant agrees that the use will be limited to a one chair nail salon. 4. The owner/applicant agrees there shall be no outside signage associated with this use permit. 5. The owner/applicant agrees that she shall be the only employee working in the salon. 6. The applicant/owner agrees that no signage for the home occupation will be displayed on the subject parcel. City Clerk Moore identified the following speakers in support of Public Hearing Item B: Michelle Sweat, 2116 Christopher Drive, representing Nail Salon. Simonetta Wright, 4409 Tartan Arch, representing self. Brenda Smith, 200 Thelmar Lane, Portsmouth, Virginia, representing self. Mary Lee Backus, 1416 Moore s Point Road, Suffolk, Virginia, representing self. Nancy West Poe, 2003 Airline Boulevard, Portsmouth, Virginia, representing, self. City Clerk Moore identified the following speaker in opposition to Public Hearing Item B: Kathleen Putnam, 4224 Madrid Place, representing self. Council Member Willis, on a motion seconded by Council Member West, moved to approve UP with stipulations as presented. Council Member Willis noted that the stipulations were reasonable and it was a very low impact home business. There was no further discussion. On the motion for approval of UP with stipulations, as presented voting yes: Council Members Collins, Krasnoff, Ritter, Ward, West, and Voting No: Council Members de Triquet and Hayes (Council Member Parker excused) C. TA-S AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 70 OF THE CITY CODE, SECTION (1).C TO INCREASE THE FEES ASSOCIATED WITH REVIEW OF AGRICULTURAL DIVISIONS, RESUBDIVISIONS, CONSERVATION DIVISIONS AND VALIDATIONS OF PLATS FROM $60 TO $150 IN ACCORDANCE WITH VIRGINIA CODE (Continued from the April 21, 2009 City Council meeting) The Planning Commission recommended denial of the version dated January 23, 2009 City Clerk Moore stated there were no speakers on the item

10 Council Member Willis, on a motion seconded by Council Member Ritter, moved approval of TA-S-09-01, version dated January 23, Council Member West expressed opposition to additional fees on the housing industry due to the bad economic conditions. Council Member Ritter stated her support of the ordinance amendment, noting the fee increase was reasonable and not excessive, and would help cover the cost of staff time for the reviews. Council Member Willis cited a survey performed by City staff that found Chesapeake would be in line with other localities fees if the ordinance was adopted and found the fees reasonable. Council Member Ward concurred with Ms. Willis comments. There was no further discussion. On the motion for approval of TA-S-09-01, version dated January 23, 2009, voting yes: Council Members Hayes, Ritter, Ward and Voting No: Council Member Collins, de Triquet, Krasnoff and West (Council Member Parker excused) The motion for approval failed on a tie vote. Non-Planning Public Hearing Items D. #09-O-041 AN ORDINANCE VACATING A PUBLIC DRAINAGE EASEMENT OWNED BY THE CITY OF CHESAPEAKE IN THE SUBDIVISION OF GREENBRIER, LOCATED IN THE WASHINGTON BOROUGH OF THE CITY OF CHESAPEAKE. City Clerk Moore stated there were no speakers at that time. City Attorney Hallman presented the item and requested approval. Vice Mayor de Triquet, on a motion seconded by Council Member Collins, moved approval of the Ordinance, as presented. On the motion to approve the Ordinance as presented, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Parker, Ward, West, and Voting No: None (Council Member Parker was excused) E. #09-O-042 AN ORDINANCE PARTIALLY VACATING A DRAINAGE EASEMENT RESERVED BY THE CITY OF CHESAPEAKE ON TAX PARCELS AND , FURTHER DESCRIBED AS LOTS 47 AND 79, SUBDIVISION OF KING JAMES COLONY, LOCATED IN THE BUTTS ROAD BOROUGH OF THE CITY OF CHESAPEAKE, CONDITIONED UPON RELOCATION OF THE DRAINAGE EASEMENT. City Attorney Hallman presented the item and requested approval. City Clerk Moore stated that the applicant was present and available for questions only

11 Council Member Collins, on a motion seconded by Council Member Ward, moved approval of the Ordinance, as presented. On the motion to approve the Ordinance as presented, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Ward, West, and Voting No: None (Council Member Parker was excused) F. AN ORDINANCE AMENDING CHAPTER 26 OF THE CHESAPEAKE CITY CODE, ENTITLED "ENVIRONMENT," ARTICLE V THEREOF, TO REPEAL EXISTING PROVISIONS THEREOF, AND TO REPLACE SAME WITH SECTIONS THROUGH PERTAINING TO THE REGULATION OF NOISE IN THE CITY OF CHESAPEAKE. City Attorney Hallman presented the item and noted that action was not required by City Council and that the item was on the agenda to receive citizen input only. City Clerk Moore identified the following speaker in support of Public Hearing Item F: Mary Ellen Kuhn, 712 Wimbley Lane, representing self, was not present when called. Council Member Willis and City Attorney Hallman discussed the decibels included in the Ordinance. There was no further discussion and no Council action was required on the item. CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore identified the following speaker: John Sulfaro, 504 Margaret Drive, representing self, spoke in opposition to Old and New Business Item (B). Mayor Krasnoff asked City Manager Harrell to address the Community Services Board s budget reduction. Mr. Harrell noted that the Community Services Board had already taken substantial budget reductions and he would be withdrawing the $250,000 recommended reduction. CONSENT AGENDA Mayor Krasnoff asked Council Members if there were any items they wished to have removed from the Consent Agenda for consideration under the Regular Agenda. There were none. City Clerk Moore read the Consent Agenda items into the record. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Consent Agenda, as presented. On the motion for approval of the Consent Agenda, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Ward, West, and Voting No: none (Council Parker was excused)

12 City Clerk Items (1) REFUNDS (a) Michael J. Barnum, MD, PC - $4, (b) Orthopaedic Surgery Ctrs., PC, II - $5, (2) ACKNOWLEDGEMENT OF REZONING APPLICATION The following zoning reclassification request is not a public hearing item at this time. This item will be heard by the Planning Commission on May 13, 2009 and recommended to City Council for a future meeting. (a.) R(C) Chesapeake Wetland Mitigation Bank APPLICANT: Environmental Banc and Exchange AGENCY: Malcolm Pirnie, Inc./Kaufman & Canoles, PC PROPOSAL: A conditional zoning reclassification of approximately 1,156 acres from A-1, Agricultural District (10 acres) and C-1, Conservation District (1,146 acres) to C-1, Conservation District. PROPOSED COMP LAND USE / DENSITY: Conservation EXISTING COMP LAND USE / DENSITY: Conservation LOCATION: South of the Sunray Community and north of the railroad tracks and the Great Dismal Swamp Wildlife Refuge TAX MAP SECTION/PARCEL: , BOROUGH: Deep Creek (3) RESIGNATIONS (a) Charlotte A. Durham - Chesapeake Redevelopment and Housing Authority City Manager Items (1) REQUEST FOR AUTHORITY TO SUBMIT AN EMERGENCY PATIENT AND RESOURCE REGISTRY GRANT APPLICATION TO THE VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES FIRE DEPARTMENT (2) REQUEST FOR AUTHORITY TO SUBMIT A SUMMER YOUTH EMPLOYMENT GRANT APPLICATION TO OPPORTUNITY, INC. OFFICE OF YOUTH SERVICES (3) REQUEST FOR AUTHORITY TO SUBMIT A HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM GRANT APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF HOUSING (4) REQUEST FOR AUTHORITY TO SUBMIT A COMMUNITY ORIENTED POLICING SERVICES (COPS) HIRING RECOVERY PROGRAM GRANT APPLICATION TO THE U. S. DEPARTMENT OF JUSTICE POLICE DEPARTMENT (5) #09-R-025 CONSIDERATION OF A RESOLUTION AMENDING A RESOLUTION ADOPTED ON SEPTEMBER 11, 2007 APPROVING AN ECONOMIC DEVELOPMENT INVESTMENT GRANT TO LTD MANAGEMENT COMPANY, LLC, TO AMEND THE INSTALLMENT PAYMENT SCHEDULE FOR DISBURSEMENT OF GRANT FUNDS, AND TRANSFERRING APPROPRIATED FUNDS THEREFOR DEPARTMENT OF ECONOMIC DEVELOPMENT

13 REGULAR AGENDA City Manager Items (6) #09-O-043 REQUEST FOR APPROPRIATION OF $41,000 IN SECURE REMOTE ACCESS FEES TO THE OFFICE OF THE CLERK OF THE CIRCUIT COURT CLERK OF THE CIRCUIT COURT City Manager Harrell presented the item and requested approval as an emergency action. Council Member Collins, on a motion seconded by Council Member Hayes, moved approval of the Appropriation as presented, and as an emergency action. On the motion for approval of the Appropriation as presented, and as an emergency action, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Ward, West, and Voting No: None (Council Member Parker was excused) (7) CONSIDERATION OF APPROVAL OF THE CITY OF CHESAPEAKE S PROGRAM YEAR 35 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME CONSOLIDATED ACTION PLAN OFFICE OF HOUSING City Manager Harrell presented the item and requested approval. Council Member Hayes, on a motion seconded by Council Member West, moved approval of the City of Chesapeake s Program Year 35 Community Development Block Grant/Home Consolidated Action Plan. On the motion for the approval of the City of Chesapeake s Program Year 35 Community Development Block Grant/Home Consolidated Action Plan, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Ward, West, and Voting No: None (Council Member Parker was excused) (8) #09-O-044 CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 54 OF THE CHESAPEAKE CITY CODE, ENTITLED PUBLIC PROCUREMENT, VARIOUS SECTIONS THEREOF, TO DELETE THE CLASSIFICATION OF PURCHASING & CONTRACTS MANAGER AND PROVIDE FOR THE CITY MANAGER TO APPOINT A PROCUREMENT ADMINISTRATOR FOR THE CITY CITY MANAGER S OFFICE City Manager Harrell presented the item and requested approval. Council Member Hayes, on a motion seconded by Council Member Collins, moved approval of the Ordinance as presented. Council Member Willis and City Manager Harrell discussed the Procurement Administrator position; City Manager Harrell stated that it was not a new position but rather a way to improve accountability, responsiveness, and delivery to key capital and technical projects. Mr. Harrell advised that amending the City Code would have the Procurement Administrator answer directly to the City Manager providing clear lines of authority and accountability with the change being made within the existing

14 budget configurations. Mr. Harrell asked City Attorney Hallman to elaborate on the proposed Ordinance. City Attorney Hallman said the fundamental change would move the accountability from the Director of General Services to the City Manager. There was no further discussion. On the motion for approval of the Ordinance as presented, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Ward, West, and Voting No: None (Council Member Parker was excused) Council Member Ward was excused at 8:55 p.m. (9) CITY MANAGER UPDATES City Manager Harrell provided handouts pertaining to the Swine Flu and invited Chesapeake Heath Department Director Nancy Welch to the podium to update City Council and citizens on the Swine Flu, how to detect symptoms, and what to do if you suspected you had the flu. Council Member Parker arrived at 9:00 p.m. CITIZEN S COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) John Cannon, 312 Knells Ridge Drive, representing self, spoke on proposed funding cuts in Community Services Board budget; vocational voucher program. Jackie Weaver, 1405 Seaboard Avenue, representing self, spoke on budget cuts. Bill Garrett, 4026 Scotfield Drive, representing self, spoke on budget. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. APPOINTMENTS TO BOARDS AND COMMISSIONS A. Transportation Toll Facility Advisory Committee 5 Appointments Appointments were continued to the May 26, 2009 City Council meeting. B. Airport Authority 4 Appointments Appointments were made at the April 14, 2009 City Council meeting. C. Chesapeake Bicycle/Trails Advisory Committee 1 Appointment Council Member Ritter nominated Lennie Luke (Parks and Recreation Representative) for appointment. Council Member Parker, on a motion seconded by Council Member West, moved to close nominations and appoint the nominee. On the motion to close nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None ( Council Member Ward was excused) Lennie Luke (Parks and Recreation Representative) was appointed to the Chesapeake Bicycle/Trails Advisory Committee

15 D. Chesapeake Commission for the Prevention of AIDS 7 Appointments Vice Mayor de Triquet relinquished the gavel to Mayor Krasnoff to make nominations. Vice Mayor de Triquet nominated Tasha E. Carter (HIV Positive Representative), Dianne C. McCroskey (Education Representative), Yolanda Moore, Jacqueline R. San Antonio (Medical Representative), Carey Sloane (CSB Representative), Renee S. Valentine, and Cierra N. Vann for appointment. Council Member Collins, on a motion seconded by Council Member Parker, moved to close nominations and appoint the nominees. On the motion to close nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused) Tasha E. Carter (HIV Positive Representative), Dianne C. McCroskey (Education Representative), Yolanda Moore, Jacqueline R. San Antonio (Medical Representative), Carey Sloane (CSB Representative), Renee S. Valentine, and Cierra N. Vann were appointed to the Chesapeake Commission for the Prevention of AIDS. E. Chesapeake Commission on Substance Abuse 3 Appointments Vice Mayor de Triquet nominated William J. Roehl, Felita Davis and Willar M. Baum for appointment. Council Member Collins, on a motion seconded by Council Member Parker, moved to close nominations and appoint the nominees. On the motion to close nominations and appoint the nominees, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None ( Council Member Ward was excused) William J. Roehl, Felita Davis and Willar M. Baum were appointed to the Chesapeake Commission on Substance Abuse. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet to complete Boards and Commissions appointments. F. Chesapeake Historic Preservation Commission 1 Appointment Council Member West nominated Sam F. Leary, Knowledge Representative, for appointment. Council Member Ritter, on a motion seconded by Council Member Parker, moved to close the nominations and appoint the nominee

16 On the motion to close nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused) Sam F. Leary, Knowledge Representative, was appointed to the Chesapeake Historic Preservation Commission. G. Chesapeake Youth Committee 2 Appointments Council Member Willis nominated Carter Gresham, Student Representative, for appointment. Council Member Hayes nominated Collin J. Miller, Student Representative, for appointment. Council Member Parker, on a motion seconded by Council Member West, moved to close nominations and appoint the nominees. On the motion to close nominations and appoint the nominees, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused) Carter Gresham (Student Representative) and Collin J. Miller (Student Representative) were appointed to the Chesapeake Youth Committee. H. Local Emergency Planning Committee 2 Appointments Council Member Ritter nominated Rob L. Watson for appointment and recommended continuing one appointment. Council Member Willis, on a motion seconded by Council Member Parker, moved to close nominations, appoint the nominee, and continue one appointment. On the motion to close nominations, appoint the nominee, and continue one appointment, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused) Rob L. Watson was appointed to the Local Emergency Planning Committee and one appointment was continued. I. Parks and Recreation Advisory Board 1 Appointment Council Member Collins nominated Heidi C. Ericson, Student Representative, for appointment. Council Member Willis, on a motion seconded by Council Member Parker, moved to close nominations and appoint the nominee. On the motion to close nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused)

17 Heidi C. Ericson (Student Representative) was appointed to the Parks and Recreation Advisory Board. J. Port Authority 1 Appointment Appointments were made at the April 14, 2009 City Council meeting. K. Stormwater Committee 1 Appointment Council Member Collins nominated Chester J. Cahoon, III for appointment. Council Member Parker, on a motion seconded by Council Member West, moved to close nominations and appoint the nominee. On the motion to close nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused) Chester J. Cahoon, IIII was appointed to the Stormwater Committee. L. Tidewater Community College Board 1 Appointment Council Member Parker nominated James R. Jackson for appointment. Council Member Willis nominated William C. Wheaton for appointment. Council Member Hayes, on a motion seconded by Council Member West, moved to close nominations. On the motion to close nominations, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Vice Mayor de Triquet reminded City Council Members to only vote yes for the nominee of their choice. James R. Jackson received four votes from Council Members Collins, de Triquet, Hayes, and Parker. William C. Wheaton received four votes from Council Members Krasnoff, Ritter, West and Due to the tie vote, Vice Mayor de Triquet stated the appointment would be continued to the May 26, 2009 City Council meeting. M. Tidewater Regional Group Home Commission 1 Appointment Council Member Parker nominated Elizabeth F. St. John for reappointment. Council Member Hayes, on a motion seconded by Council Member West, moved to close the nominations and appointment the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused) Elizabeth F. St. John was reappointed to the Tidewater Regional Group Home Commission

18 N. Transportation Safety Commission 1 Appointment Council Member Collins nominated Taylor K. McBride, Student Representative, for reappointment. Council Member Hayes, on a motion seconded by Council Member Parker, moved to close the nominations and appoint the nominee. On the motion to close nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused) Taylor K. McBride (Student Representative) was reappointed to the Transportation Safety Commission. O. Wetlands Board 1 Appointment Council Member Collins nominated current Alternate Member Edward Weeden for the Full Member s designation, and Vickie J. Greene as the Alternate Member. Council Member Parker, on a motion seconded by Council Member Hayes, moved to close the nominations and appoint the nominees. On the motion to close nominations and appoint the nominees, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, West and Voting no: None (Council Member Ward was excused) Alternate Member Edward Weeden was appointed to Full Member designation and Vickie J. Greene was appointed as an Alternate Member to the Wetland s Board. OLD AND NEW BUSINESS A. #09-R-026 RESOLUTION REQUESTING THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (SPSA) TO PROVIDE ReENERGY HOLDINGS LLC WITH ACCESS TO DOCUMENTS, INFORMATION, SITES AND REVIEW OF OPERATIONAL FINANCIAL AND LEGAL INFORMATION; INSPECT REAL PROPERTY AND EQUIPMENT; AND CONDUCT INTERVIEWS OF MANAGEMENT, EMPLOYEES, CONSULTANTS AND ADVISORS; ALL FOR PURPOSES OF DEVELOPING A PROPOSAL TO PURCHASE THE ASSETS AND REPAY THE DEBT OF SPSA. (Council Member Bryan Collins) City Attorney Hallman presented the Resolution. Council Member Collins noted that a Work Session had been held regarding the matter and if the Resolution was approved, the City would be joining six localities that had considered similar resolutions

19 Council Member Collins, on a motion seconded by Council Member Willis, moved approval of the Resolution, as presented. There was extensive discussion among City Council Members and City Attorney Hallman concerning the language of the resolution being specific to one company; whether or not SPSA, as a public body, was denying access to information on assets; the use of Freedom of Information Act to request information from SPSA; rewording of the resolution to state any other party or entity and providing direction to Mr. Collins, as the City s representative to SPSA, on how to vote at the next board meeting. Council Members Collins and Willis, as the maker and second of the motion, accepted the language change to the proposed resolution. City Attorney Hallman noted that ReEnergy Holdings LLC would be deleted from the Resolution and Interested Party would be inserted in its place. There was no further discussion. On the motion for approval of the Resolution with amended language, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Parker, West, and Voting No: None (Council Member Ward was excused) City Council recessed at 9:22 p.m. and reconvened at 9:30 p.m. City Clerk Moore identified the following speaker and noted there had been a misunderstanding with his speaker card: Zane R. Browne, 108 Carol Drive, representing self, spoke on septic tank problems. Mayor Krasnoff requested that City Manager Harrell and the Public Utility Liaisons look into Mr. Browne s situation. B. DISCUSSION OF ELIMINATION OF $16.00 PER MONTH TRASH FEE AS PROPOSED FOR THE OPERATING BUDGET, AND PENDING AWARD OF HUMAN RESOURCES SOFTWARE UPGRADE. (MAYOR ALAN P. KRASNOFF) Mayor Krasnoff stated that, without objection, Old and New Business Item (B) would be continued to the Special Budget Public Hearing on April 30, There was no objection by Council Members. Mayor Krasnoff asked Council Members to share any concerns they had with staff prior to the April 30 th meeting. Council Member Ritter asked that staff be prepared to discuss the addition of a $2 million one-time figure to the employee pay schedule. Pursuant to Mayor Krasnoff s request, City Clerk Moore provided information pertaining to former Mayor Sidney M. Oman s funeral services

20 BENEDICTION Mayor Krasnoff called on Council Member Parker to offer the benediction. ADJOURNMENT There being no further business for consideration, the meeting was adjourned at 9:53 p.m. /vfm Attest: Mayor City Clerk