Others Present: Attorney Bryan Plumlee, Huff, Poole & Mahoney, P.C.

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1 City Council Closed Session A Closed Session of the Chesapeake City Council was held, at 4:35 p.m., in the Executive Conference Room, 1 st Floor, City Hall Building, 306 Cedar Road. Present: Council Member Bryan L. Collins Council Member C. E. Cliff Hayes, Jr. (arrived at 4:40 p.m.) 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 Absent: Vice Mayor John de Triquet Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Wanda Bernard-Bailey, Deputy City Manager Betty Meyer and Economic Development Director Steven Wright. Others Present: Attorney Bryan Plumlee, Huff, Poole & Mahoney, P.C. The Closed Session adjourned at 5:10 p.m. (Certification occurred during the City Council meeting at 6:30 p.m.,.) /smu - 1 -

2 City Council Work Session A Regular Work Session of the Chesapeake City Council was held, at 5:15 p.m., in the City Hall Building, 306 Cedar Road. Present: Council Member Bryan L. Collins Council Member C. E. Cliff Hayes, Jr. 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 Absent: Vice Mayor John M. de Triquet Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Wanda Bernard-Bailey, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore, Fire Chief Stephen Best, Neighborhood Services Coordinator Theo McClammy, Deputy Fire Marshall Donald J. Fowler, and other staff members. Also present: Mr. Robert Hall, U.S. Chemical Safety & Hazard Investigation Board The Following Topics were discussed during the Work Session: 1) South Hill 2) Council Member Reports The Work Session adjourned at 5:50 p.m. /smu

3 Regular City Council Meeting 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: Reverend Kenneth Woodley, Sr., First Baptist Church Money Point PLEDGE OF ALLEGIANCE: Troop 628, Chartered by Christ the King Catholic School ROLL CALL BY CLERK OF COUNCIL Present: Absent: Council Member Bryan L. Collins Council Member C. E. Cliff Hayes, Jr. 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 Vice Mayor John M. de Triquet (excused) 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 Work Session and Regular City Council Meeting of August 19, 2008, Special City Council Meeting of September 5, 2008, Work Session and Regular City Council Meetings of September 9, 2008 and September 16, 2008 were presented for approval. Council Member Ward, on a motion seconded by Council Member Parker, moved approval of the minutes, as presented. On the motion for approval of the minutes, as presented, voting yes: Council Members Council Members Collins, Hayes, Parker, Krasnoff, Ritter, Ward, West and Willis.

4 CERTIFICATION OF THE 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 Parker, moved approval of the certification of the Closed Session. On the motion to approve certification of the Closed Session, voting yes: Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis Mayor Krasnoff relinquished the gavel to Council Member Parker. PROCLAMATION National Therapeutic Recreation Week - July 12-18, 2009 Mayor Krasnoff invited Parks and Recreation Senior Coordinator Karen Christy and Parks and Recreation Specialist II Kim Pimento to join him at the podium to receive the Proclamation for National Therapeutic Recreation Week. Ms. Christy commented on National Therapeutic Recreation Week and introduced Kim Pimento, a new Recreation Specialist II with the City. Ms. Pimento spoke about her position with the Parks and Recreation Department. CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore stated that there were no speakers. CONSENT AGENDA Council Member Parker asked City Clerk Moore to read the Consent Agenda into the record for City Council s consideration. City Clerk Items (1) RESIGNATIONS FROM BOARDS AND COMMISSIONS (a) Roy F. Scott Chesapeake City Symbol Committee (b) Courtney Stewart Chesapeake Commission on Substance Abuse (c) Carl Williams Chesapeake Commission on Substance Abuse (2) REFUNDS (a) The Sigmon Group, 630 Woodlake Drive, #C - $2, (b) Lifetouch National School Studios, Inc., 1005 Hazel Court - $8,

5 City Manager Items (1) REQUEST FOR AUTHORITY TO SUBMIT A CLEAN CITIES PROGRAM GRANT APPLICATION TO CONSTRUCT A COMPRESSED NATURAL GAS FUELING STATION TO THE U. S. DEPARTMENT OF ENERGY DEPARTMENT OF GENERAL SERVICES (Continued from May 26, 2009 City Council Meeting) (2) REQUEST FOR AUTHORITY TO SUBMIT A CENSUS 2010 PARTNER SUPPORT PROGRAM GRANT APPLICATION TO THE U.S. CENSUS BUREAU DEPARTMENT OF PLANNING (3) REQUEST FOR AUTHORITY TO SUBMIT A PROJECT FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS (PATH) GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES COMMUNITY SERVICES BOARD (4) #09-O-082 REQUEST FOR APPROPRIATION OF $67,270 IN SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES AND $12,339 IN VIRGINIA PUBLIC ASSISTANCE (VPA) FUND BALANCE FUNDS DEPARTMENT OF HUMAN SERVICES/ DIVISION OF SOCIAL SERVICES (5) #09-O-083 REQUEST FOR APPROPRIATION OF $107,127 IN PROGRAM IMPROVEMENT PLAN (PIP) FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES AND $19,650 IN VIRGINIA PUBLIC ASSISTANCE (VPA) FUND BALANCE FUNDS DEPARTMENT OF HUMAN SERVICES/DIVISION OF SOCIAL SERVICES (6) #09-O-084 REQUEST FOR APPROPRIATION OF $165,000 FROM THE FY DESIGNATED FUND BALANCE TO THE FY OPERATING BUDGET FOR CIVIL ENFORCEMENT SOFTWARE DEPARTMENT OF BUDGET City Attorney Item (1) #09-R-040 RESOLUTION REQUESTING THE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO ARTICLES 3 AND 8 OF THE CHESAPEAKE ZONING ORDINANCE TO REQUIRE A CONDITIONAL USE PERMIT FOR CERTAIN CONCRETE AND MATERIAL CRUSHING OPERATIONS. Council Member Parker relinquished the gavel to Mayor Krasnoff. Mayor Krasnoff asked if there were any items Council Members wished to have removed from the Consent Agenda for consideration under the Regular Agenda

6 There were none. Council Member Collins, 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, as presented, voting yes; Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Council Member Parker returned the gavel to Mayor Krasnoff. REGULAR AGENDA City Manager Items (7) #09-R-041 CONSIDERATION OF A RESOLUTION AMENDING THE ECONOMIC DEVELOPMENT INVESTMENT GRANT PROGRAM TO INCLUDE ELIGIBILITY CRITERIA FOR BUSINESSES WITH LESS THAN 50 EMPLOYEES LOCATING OR EXPANDING IN CHESAPEAKE; TO AMEND TABLE 1 OF THE PROGRAM DOCUMENTS TO ASSIGN.5 POINT FOR THE CREATION OF FIVE (5) TO TWENTY-NINE (29) JOBS; TO AMEND TABLES 4 AND 5 OF THE PROGRAM DOCUMENTS TO ASSIGN POINTS FOR MACHINERY, TOOLS, AND/OR EQUIPMENT INVESTMENT OF $500,000 TO $999,000; TO AMEND TABLE 7 TO PROVIDE FOR THE CONVERSION OF.5 POINT TO A DOLLAR VALUE OF $5,000; TO ADD PROVISIONS FOR AWARDING POINTS BASED ON ADMISSION TAX REVENUE GENERATION; AND TO INCREASE FROM 30 MONTHS TO 36 MONTHS THE TIME DURING WHICH PERFORMANCE CRITERIA AND TAX REVENUE GENERATION REQUIREMENTS MUST BE MET FOR GRANT ELIGIBILITY FOR ALL BUSINESSES DEPARTMENT OF ECONOMIC DEVELOPMENT City Manager Harrell presented the item with a request for approval. Council Member Hayes, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. On a motion for approval of the Resolution, as presented, voting yes: Council Members Collins, Hayes, Parker, Krasnoff, Ritter, Ward, West and Willis. (8) City Manager Updates There were no City Manager updates. CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) City Clerk Moore identified the following speaker: Thomas Arrington III, 305 Stonewood Court, representing self, spoke on the Battlefield Golf Course and the South Hill Neighborhood

7 Mayor Krasnoff relinquished the gavel to Council Member Parker. NOMINATIONS TO BOARDS AND COMMISSIONS (A) Hampton Roads Transportation Planning Organization (HRTPO) formerly the Metropolitan Planning Organization (MPO) 2 appointments Council Member Parker stated that there were two vacancies for the Hampton Roads Transportation Planning Organization. Council Member Parker nominated Mayor Alan P. Krasnoff as the voting member and Council Member C. E. Cliff Hayes, Jr. as the alternate voting member to the HRTPO. Council Member Collins, on a motion seconded by Council Member Ward, moved to close nominations and appoint the nominees. On the motion to close nominations and appoint the nominees, voting yes; Council Members Collins, Hayes, Parker, Krasnoff, Ritter, Ward, West and Willis. Mayor Alan P. Krasnoff was appointed as the voting member and Council Member C.E. Cliff Hayes was appointed as the alternate voting member to the HRTPO. (B) Economic Development Authority 4 appointments Council Member Parker stated that there were four vacancies for the Economic Development Authority. Council Member Ritter nominated Russell Russ Hansen, Jr., Farris M. Jones, Susan O. Archer, and Robert L. Riddle for appointment Council Member Ward nominated Rick A. Russ for appointment. Council Member Hayes nominated Clyde T. Clark, Jr. for appointment. Council Member Willis, on a motion seconded by Council Member Ward, moved to close nominations. On the motion to close nominations, voting yes: Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Council Member Parker advised that interviews would be held at 4:30 p.m. July 28, 2009 prior to the City Council Meeting. Council Member Parker returned the gavel to Mayor Krasnoff. COMMITTEE REPORTS (A) RELEASE AND PRESENTATION OF THE PUBLIC UTILITIES AND NEIGHBORHOOD SERVICES PERFORMANCE AUDIT REPORTS AUDIT SERVICES/AUDIT COMMITTEE Council Member Ritter, Audit Committee Liaison, introduced City Auditor Jay Poole to present the reports

8 Auditor Poole presented the Public Utilities Department Performance Audit which included Contractual Services, Billing, and Customer Service Issues. The review of the Public Utilities Department was for the period of July 1, 2008 through March 31, Council Member Ritter advised that Council Member Willis had requested a review of the Hampton Roads Sanitation District s (HRSD) billing procedures. Council Member Ritter asked Mr. Poole to comment on some of the issues that surfaced during the audit. Mr. Poole stated that the bills were difficult for citizens to read and advised that Public Utilities had requested that HRSD make adjustments to simplify the reading of the bills. There was extensive discussion between Council Member Ritter and Auditor Poole regarding the City taking over the billing of water and sewer usage in the City from HRSD. Mr. Poole asked that Public Utilities Director James K. Walski be called to the podium for further information. City Manager Harrell called Public Utilities Director Walski to the podium. Director Walski came to the podium and stated that he did not feel it would be difficult for the City to take on the responsibility of the billing. Council Member Hayes advised that the issue of Chesapeake doing the billing was presented last year when Information Technology upgrades were discussed. Mr. Hayes noted that representatives from the Information Technology and Public Utilities Departments had been working at HRSD in an attempt to solve the billing issues. Mr. Poole and Mr. Walski stated that they were not sure if City representatives were still going to HRSD for that purpose; however, meetings were still being held periodically to address the billing issues. Council Member Willis inquired how other localities were dealing with the HRSD billing issues; Mr. Walski replied that 2/3 of the regional localities currently do their own billing. City Auditor Poole presented the Neighborhood Services Department Performance Audit. The review was for January 1, 2008 through December 31, The audit was conducted for the purpose of determining whether Neighborhood Services was providing services in an economical, efficient, and effective manner; whether its goals and objectives were being achieved; and whether it was complying with applicable City and Departmental procedures in areas of operations, inspections, cash, revenues, fees, information technology and grants management. Council Member Ritter commended Mr. Poole on the Audit Reports. Ms. Ritter noted that tracking proffers had been an issue for the City for many years and hoped that the review would improve the system

9 Council Member Hayes thanked City Manager Harrell, Auditor Poole and the entire Audit Team for the thorough audit report that was presented. Mr. Hayes remarked that it was his hope that the City would put a greater emphasis on streamlining processes through the use of improved technology in the future. Council Member Ward thanked Council Member Hayes for addressing the issue of tracking proffers and stated her support on improving technology in all areas to assist staff in working more effectively and efficiently. City Manager Harrell commented on the audit reports done by the Audit Services Department. Mr. Harrell requested that Director of Development and Permits Jay Tate come to the podium to comment on the current system being used for tracking proffers and future systems that were being considered. Director Tate came to the podium and stated that the audit had provided a snapshot of the department; during the review, initiatives were put in place to correct some of the existing flaws in the system. He advised that the system in place was effective in tracking proffers from developers but was not efficient. Mr. Tate stated that all proffers due the City had been collected, with the exception of one that was going through the rezoning process for a revision to the zoning. Council Member West asked Director Tate if he was confident that the developers were doing everything that was promised during the process. Director Tate replied that the process was effective but was not efficient. City Manager Harrell advised that the audit review dealt with the financial aspects but there were challenges in non-financial areas as well and staff would be looking into technological improvements. There was no further discussion on the performance audits. Mayor Krasnoff called on Council Members for Committee Reports. Council Member Collins advised that the Southeastern Public Service Authority (SPSA) had received a Public Private Education Facilities and Infrastructure Act (PPEA) proposal from ReEnergy Holdings, LLC and requested it be presented at the next City Council Meeting. Council Member Hayes announced his attendance at the Information Technology Forum on July 10, 2009 and commented on the savings realized by the City from improvements made in the Information Technology Department. Council Member Ward announced that she and Council Member Parker, as the School Liaisons, would be meeting with School representatives on August 6, 2009 to discuss the Indian River High School renovation project. Dr. Ward spoke about the progress being made on the South Norfolk Library renovation project

10 OLD AND NEW BUSINESS A) HAMPTON ROADS SANITATION DISTRICT (HRSD) RATE ADJUSTMENT COUNCIL MEMBER WEST Mayor Krasnoff called on Council Member West to present the item, noting it was for informational purposes only and no action would be taken. Council Member West stated that he and Council Member Ward had met with the Utilities Department and were informed of a $2.00 fee increase by the Hampton Roads Sanitation District (HRSD). Dr. West requested an explanation of the increase by HRSD. Mayor Krasnoff asked HRSD General Manager Ted Henifin to come to the podium for clarification of the increase. Mr. Henifin came to the podium and spoke about the billing system errors. He reviewed a PowerPoint presentation with City Council and introduced Chesapeake s representative on the HRSD Board, Mr. Jerry Johnson. Mr. Henifin advised that HRSD did not take rate increases lightly, but action was needed immediately to comply with upcoming Federal mandates. He advised that HRSD accepted responsibility for previous billing problems, advising that corrections had been made to prevent a reoccurrence of the problem. Mr. Henifin remarked that HRSD did not charge the City to bill residents and offered assistance if the City chose to do its own billing in the future. Council Member Ward asked how citizens were being notified of the rate increase. Mr. Henifin advised that the increase was advertised over a four week period. Dr. Ward inquired if the City would be able to absorb the increase. City Manager Harrell replied that the increase was anticipated during the budget process. There was discussion between Council Member Ritter and General Manager Henifin concerning past and future rate changes. Council Member Collins stated his concern that the actual rates in the future years would be higher than projected. Mayor Krasnoff thanked Mr. Henifin for attending and providing information on the rate issue. Mayor Krasnoff asked Council Members for any additional Old and New Business items. Council Member Ritter asked City Manager Harrell for an update on the meeting held with Commonwealth s Attorney Nancy Parr concerning the proposed State budget cuts to State employee positions which were supplemented by the City. She expressed her concern with extended crossing blockages by trains in the South Norfolk area and requested a report from Emergency Management on the potential impacts should there be a catastrophic event. Council Member Ritter thanked the Public Utilities Liaisons, Council - 8 -

11 Members Ward and West, for the earlier presentation and commented that she hoped reallocations were being considered to address resource reductions. Council Member Ward stated that street paving would be occurring on Taylor Road in Western Branch and requested the paving schedule be provided to citizens. Dr. Ward announced the Dunedin Community Spirit Day celebration scheduled for July 16, Mayor Krasnoff expressed his concerns about Hurricane preparedness and the southern evacuation routes to City Manager Harrell. He asked if there was currently any dialogue with North Carolina on investigating different emergency evacuation routes. City Manager Harrell responded that much needed to be done to improve the current evacuation routes. Council Member Willis stated that at the meeting with North Carolina Governor Beverly Perdue, it was her understanding that traffic from the South was not suppose to evacuate by way of Virginia Route 168 and commented on the need for more shelters along the evacuation routes. Mayor Krasnoff requested that staff continue communications with North Carolina and try to resolve issues involving emergency evacuations from those areas. BENEDICTION Mayor Krasnoff called on Council Member Hayes to offer the benediction. ADJOURNMENT With there being no further business to discuss, Mayor Krasnoff adjourned the meeting at 8:30 p.m. /smu Mayor Attest: City Clerk - 9 -

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