Council Member Dwight M. Parker, excused

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1 City Council Work Session January 27, 2009 A Regular Work Session of the Chesapeake City Council was held January 20, 2009, at 4:30 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 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, excused Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty Jean Meyer, Deputy City Attorney Jan Proctor, City Clerk Dolores Moore, Budget Director Angelia Yancey, Economic Development Director Steven Wright, Fire Chief Steve Best, Neighborhood Services Director Patrick Hughes, Acting Public Works Director Eric Martin and other staff members. Others Present: Figg Bridge Developers President Linda Figg and The Philip A. Shucet Company President Phil Shucet. The following topics were discussed during the Work Session: 1) Jordan Bridge 2) Council Member Reports The Work Session adjourned at 5:35 p.m. /vfm - 1 -

2 Regular Meeting of City Council January 27, 2009 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on January 27, 2009 at 6:30 p.m., in the City Hall Building, 306 Cedar Road. INVOCATION: Pastor Bob Weeks, Aldersgate United Methodist Church PLEDGE OF ALLEGIANCE: Council Member C. E. Cliff Hayes, Jr. 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 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 Jean Meyer, City Clerk Dolores Moore, and other staff members. APPROVAL OF MINUTES There were no minutes for approval. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. CERTIFICATE OF RECOGNITION Brian Addis and the Oceaneering International Workers Mayor Krasnoff invited Oceaneering International Acting General Manager Chuck Doty and Human Resource Director Peggy Matthews to the podium to receive a Certificate of Recognition on behalf of their employees for their courageous actions on November 12, 2008; the employees went to the aid of residents in the South Hill neighborhood and the employees of Allied Terminals when an Allied Terminal tank containing 2 million gallons of liquid fertilizer collapsed spilling its contents throughout the terminal and into the adjoining residential neighborhood. City Council recognized the employees for their selfless efforts to aid employees and residents, and commended their actions during the disaster. Mr. Doty expressed appreciation on behalf of Oceaneering International. Council Member Willis expressed appreciation and asked that all of the employees stand and be recognized. Vice Mayor de Triquet said the heroic act of the Oceaneering International workers echoed the spirit of people helping people. He asked the employees to stand to be recognized.

3 CERTIFICATE OF RECOGNITION Budget Office Government Finance Officers Association Award Mayor Krasnoff invited Budget Director Angelia G. Yancey to the podium to receive the Government Finance Officers Association of the United States and Canada Award for distinguished presentation of the City s Annual Budget for FY Ms. Yancey accepted the award, expressed appreciation to the City Council, City Manager Harrell and his staff, and made brief comments regarding the budget process. Vice Mayor de Triquet returned the gavel to Mayor Krasnoff. APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Moore identified the following speaker in support of Public Hearing Item (C) prior to the presentation of the Public Hearing items: T. J. Cook, 1217 Chesapeake Avenue, representing the South Norfolk Revitalization Commission. PUBLIC HEARING ITEMS Non Planning Public Hearing Items A. #09-O-008 TA-S AN ORDINANCE AMENDING ARTICLES I, II AND IV OF CHAPTER 70 OF THE CITY CODE, SECTIONS 70-1, 70-25(A)(2) AND (3), 70-25(G)(2), 70-27(C), 70-28(B) AND (C), , , AND AND ADDING SUBPARAGRAPHS (1) AND (2) TO 70-25(B) TO PROVIDE FOR CERTAIN AMENDMENTS REQUIRED OR NECESSITATED BY CHANGES IN VIRGINIA LAW RELATED TO THE REVIEW AND APPROVAL OF SUBDIVISION PLANS AND TO MODIFY LANGUAGE REGARDING REIMBURSEMENTS FOR INSPECTIONS OF PUBLIC FACILITIES. (Continued from the January 20, 2009 City Council meeting) The Planning Commission recommended approval of the version dated December 2, City Clerk Moore stated that there were no speakers at that time. Council Member West, on a motion seconded by Council Member Ward, moved approval of TA-S-08-03, version dated December 2, On the motion to approve TA-S-08-03, version dated December 2, 2008, as presented, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, Voting no: None - 2 -

4 B. #09-O-007 TA-Z AN ORDINANCE AMENDING APPENDIX A OF THE CHESAPEAKE CITY CODE, ENTITLED ZONING, ARTICLES 3, 13, 15, 17, 18 AND 20 OF THE CHESAPEAKE ZONING ORDINANCE TO PROVIDE FOR AMENDMENTS REQUIRED BY OR NECESSITATED BY CHANGES IN VIRGINIA LAW RELATED TO THE REVIEW AND APPROVAL OF SITE PLANS AND SUBDIVISION PLANS AND PLATS, TO REQUIRE SITE DEVELOPMENT CERTIFICATIONS BEFORE APPROVAL OF CERTIFICATES OF OCCUPANCY, CONTINUATION OF CERTAIN NONCONFORMING BUILDINGS AND CIVIL PENALTIES FOR ZONING VIOLATIONS. (Continued from the January 20, 2009 City Council meeting) The Planning Commission recommended approval of the version dated December 2, City Clerk Moore stated that there were no speakers on the item. Council Member Parker, on a motion seconded by Council Member Collins, moved approval of TA-Z-08-05, version dated December 2, On the motion to approve TA-Z-08-05, version dated December 2, 2008, as presented, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, Voting no: None C. #09-R-004 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACQUISITION AND DEVELOPMENT AGREEMENT WHEREBY BRITTON HILL PARTNERS, LLC AND FIGG BRIDGE DEVELOPERS, LLC WILL ACQUIRE CERTAIN REAL AND PERSONAL PROPERTY OWNED BY THE CITY OF CHESAPEAKE, INCLUDING THE EXISTING JORDAN BRIDGE AND APPROACHES THERETO IN CONSIDERATION OF THE CONSTRUCTION AND OPERATION OF A NEW JORDAN BRIDGE AND REMOVAL OF THE EXISTING CROSSING City Clerk Moore identified the following speakers in support of Public Hearing Item (C): Philip Shucet, 1708 Benns Church Place, Virginia Beach, VA, representing Philip A. Shucet Company. Linda Figg, 424 North Calhoun Street, Tallahassee, Florida, representing self and Figg Bridge Developers. Burnie Mansfield, 1144 Virginia Avenue, representing Chesapeake Council of Civic Organizations. Kevin Amick, 1528 Chesapeake Avenue, representing South Norfolk Civic League. G. Paylor Spruill, 4001 S. Military Highway, representing Truxton Development, LLC

5 Mayor Krasnoff expressed appreciation to City staff, Mr. Philip Shucet, Ms. Linda Figg, and his City Council colleagues for their work on the project. Vice Mayor de Triquet, on a motion seconded by Council Member Hayes, moved approval of the Resolution, as presented. Council Member Willis expressed appreciation that the overpass was being constructed over the railroad track on Poindexter Street. She said the tolls were necessary to build the bridge, but there was an alternate choice if a person did not want to use that bridge. Ms. Willis complimented Figg Bridge Developers for their vision. Council Member West stated that he and Council Member Ritter had met with the Chesapeake Bicycle/Trails Advisory Committee members and noted they were grateful for the pedestrian path on the bridge. Council Member Ward expressed thanks to Mr. Shucet and Figg Developers for what they had done for South Norfolk, the City of Chesapeake, and the region. Council Member Collins noted that the bridge connected Chesapeake and Portsmouth and that the project benefited the entire region. Council Member Hayes expressed support of the item and stated it was an example of how regional transportation issues could be solved. Council Member Parker stated that he would hold Figg Developers to the high standards set by Mr. Shucet when he was the Secretary of Transportation for the Commonwealth of Virginia. Council Member Ritter said she was grateful that the citizens of Chesapeake would not have to invest in the infrastructure by way of increasing taxes to pay for the bridge. She thanked Figg Developers and City staff for their work on the project. There was no additional discussion. On the motion to approve the Resolution, as presented, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, and Willis. Voting no: None AMENDMENT TO THE AGENDA Mayor Krasnoff asked for a motion to amend the agenda and move City Attorney Item (1) forward to be heard at that time. Council Member Parker, on a motion seconded by Council Member Ward, moved to amend the agenda and move City Attorney Item (1) forward to be heard at that time. On the motion to amend the agenda and move City Attorney Item (1) forward to be heard, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, Voting no: None Mayor Krasnoff asked City Clerk Moore if there were any speakers who wished to speak on the item

6 City Clerk Moore advised that there were no speakers at that time. City Attorney Items (1) #09-O-008 AN ORDINANCE AMENDING CHAPTER 14 OF THE CHESAPEAKE CITY CODE, ENTITLED "BUILDINGS AND BUILDING REGULATIONS," SECTION 14-33(j) THEREOF, TO PROVIDE AN EXEMPTION FROM BUILDING PERMIT FEES FOR BRIDGES, APPROACHES AND ACCESSES CONSTRUCTED AND OPERATED BY A PRIVATE ENTITY USING NO PUBLIC FUNDS. City Attorney Hallman presented the item and requested approval, as presented. Council Member Collins, on a motion seconded by Council Member Willis, 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, Parker, Ritter, Ward, West, and Willis. Voting no: None Mayor Krasnoff requested a motion to suspend City Council s Rules of Order and Procedure to consider an item not on the printed agenda. He noted that a two/thirds vote of Council was required. Council Member Willis, on a motion seconded by Council Member Ward, moved to suspend City Council s Rules of Order and Procedure to consider an item not on the printed agenda. On the motion to suspend City Council s Rules of Order and Procedure to consider an item not on the printed agenda, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, Voting no: None Council Member Willis, on a motion seconded by Council Member Ward, moved to rename the new Jordan Bridge the South Norfolk Jordan Bridge. Council Members Willis and Ward commented on the new name stating that in was in keeping with the revitalization efforts taking place in the South Norfolk area. Council Member Parker wanted assurance that Figg Bridge Developers, LLC was in agreement with the name. Mayor Krasnoff replied that the name was discussed at the Work Session and Figg Bridge Developers was in agreement with the name. There was no further discussion. On the motion to rename the Jordan Bridge the South Norfolk Jordan Bridge, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, Voting no: None - 5 -

7 CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore identified the following speakers: Frank Driscoll, 505 Cedar Road, representing Kinder Morgan/Ely Kevin Terminal, spoke on City Manager Item (4). Kevin Amick, 1528 Chesapeake Avenue, representing South Norfolk Civic League, in opposition to City Manager Item (4), was not present when called. 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 was none. City Clerk Moore read the Consent Agenda items into the record. Council Member Collins, on a motion seconded by Council Member Ward, moved for approval of the Consent Agenda as presented. On the motion for approval of the Consent Agenda as presented, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ward, West, and Willis. (Council Member Ritter was out of the Chamber) City Clerk Items (1) ACKNOWLEDGEMENT OF REZONING APPLICATIONS The following zoning reclassification requests are not public hearing items at this time. These items will be heard by the Planning Commission on February 11, 2009 and recommended to City Council for a future meeting. A. R(C) PROJECT: Northwest River Park APPLICANT: Chesapeake Dept of Parks and Recreation AGENCY: Department of Parks and Recreation PROPOSAL: A conditional zoning reclassification of 763 acres from A-1, Agricultural District and C-1, Conservation District to C-3, Recreation District. PROPOSED COMP LAND USE & DENSITY: Recreation/Open Space EXISTING COMP LAND USE & DENSITY: Recreation/Open Space LOCATION: 1733 Indian Creek Road TAX MAP SECTION/PARCEL: BOROUGH: Butts Road B. R PROJECT: Bunch Walnuts Road Wetland s Bank APPLICANT: Great Dismal Swamp Restoration Bank, LLC AGENCY: Horton & Dodd, PE PROPOSAL: A conventional zoning reclassification of 140 acres from A-1, Agricultural District to C-1, Conservation District for the creation of a wetlands bank. PROPOSED COMP LAND USE & DENSITY: Wetlands bank EXISTING COMP LAND USE & DENSITY: Conservation LOCATION: East of Bunch Walnuts Road and north of Northwest River TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove - 6 -

8 C. R PROJECT: George Washington Highway South APPLICANT: F. Lewis Wood and Ashton Lewis AGENCY: Horton & Dodd, PE PROPOSAL: A conventional zoning reclassification of acres from A-1, Agricultural District to C-1, Conservation District for the creation of a wetlands bank. PROPOSED COMP LAND USE & DENSITY: Wetlands bank EXISTING COMP LAND USE & DENSITY: Rural/Route 17 Corridor LOCATION: George Washington Highway South, south of Douglas Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove D. R PROJECT: Great Dismal Swamp Restoration Bank APPLICANT: Galberry Corporation AGENCY: Horton & Dodd, PE PROPOSAL: A conventional zoning reclassification of a acre portion of a acre area from A-1, Agricultural District to C-1, Conservation District for the creation of a wetlands bank. PROPOSED COMP LAND USE & DENSITY: Wetlands bank EXISTING COMP LAND USE & DENSITY: Conservation/Low Density Residential LOCATION: West of Weiss Lane, east of Portsmouth Ditch, north of Big Entry Ditch TAX MAP SECTION/PARCEL: , , BOROUGH: Deep Creek E. 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, Single-family 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 F. R PROJECT: Great Bridge Congregation of Jehovah s Witnesses APPLICANT: Great Bridge Congregation of Jehovah s Witnesses Trustees AGENCY: Willie Lorenzo Tanksley, Sr. PROPOSAL: A conventional zoning reclassification of 3.03 acres from R-15s, Residential District to AC, Assembly Center District to construct a church. PROPOSED COMP LAND USE & DENSITY: Church EXISTING COMP LAND USE & DENSITY: Low density Residential LOCATION: 681 Oak Grove Road TAX MAP SECTION/PARCEL: BOROUGH: Washington G. GB(M) PROJECT: The Streets of Greenbrier APPLICANT: Cove Land, LLC AGENCY: Engineering Services Inc. PROPOSAL: A modification to the Greenbrier PUD Development Criteria for the Streets of Greenbrier to permit surface parking in Land Use Area 1, multi-family residential development in Land Use Area 3, and an expansion of permitted uses in the O&I District in all areas. PROPOSED COMP LAND USE & DENSITY: Not applicable EXISTING COMP LAND USE & DENSITY: Regional mixed use to include commercial, professional offices, retail sales, and service establishments and residential units not to exceed 30 dwelling units per acre LOCATION: Property generally located north of - 7 -

9 Greenbrier Mall between the I-64 on-ramp and 660 ± feet westward of River Birch Run. TAX MAP SECTION/PARCEL: BOROUGH: Washington Mayor Krasnoff asked if there were any items Council members wanted removed for consideration under the Regular Agenda. 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 to approve the Consent Agenda, as presented, voting yes; Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ward, West, and Willis. (Council Member Ritter was out of the Chamber) REGULAR AGENDA City Manager Items (1) #09-O-009 REQUEST FOR APPROPRIATION OF $40,000 IN 2007 CITIZEN CORPS PROGRAM FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FIRE DEPARTMENT City Manager Harrell presented the item and requested emergency approval. Council Member Ward, on a motion seconded by Council Member Parker, moved approval of the Appropriation, 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, Parker, Ward, West, (Council Member Ritter was out of the Chamber) (2) #09-O-010 REQUEST FOR APPROPRIATION OF $600,000 IN 2008 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDS AWARDED BY THE DEPARTMENT OF HOMELAND SECURITY FIRE DEPARTMENT City Manager Harrell presented the item and requested emergency approval. Council Member Parker, on a motion seconded by Council Member Hayes, moved for approval of the Appropriation 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, Parker, Ward, West, (Council Member Ritter was out of the Chamber) (3) #09-O-011 REQUEST FOR APPROPRIATION OF $750,000 IN EMERGENCY OPERATIONS CENTER (EOC) GRANT FUNDS AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION FIRE DEPARTMENT City Manager Harrell presented the item and requested emergency approval

10 Council Member Collins, on a motion seconded by Council Member Ward, moved for approval of the Appropriation as presented and as an emergency action. Council Member Willis asked Assistant to the City Manager Mary Ann Saunders to identify where the $250,000 cash match would be coming from and if the funds would impact the existing Capital Improvement project. City Manager Harrell advised that Fire Department Deputy Coordinator Hui- Shan Walker was available to answer questions regarding the appropriation as well. Ms. Saunders advised that the proposed match would come from the Animal Control Facility Project, and it would in no way delay the building of the Animal Control shelter. Council Member Willis what would happen if there were no matching funds. Mrs. Saunders explained the match would come from design funds and that the initial planning money was from the Emergency Operations Center (EOC). She said the existing parking lot was in a flood zone. City Manager Harrell commented that tonight s action did not require Council to designate the remaining funding. It would be done during the Capital Improvement Budget process. Council Member Willis expressed appreciation to Emergency Management Deputy Coordinator Hui-Shan Walker for her service and efforts on the project and informed citizens that every effort was being made to build a new animal control shelter. 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, Hayes, de Triquet, Krasnoff, Parker, Ward, West, (Council Member Ritter was out of the Chamber) (4) REQUEST TO AMEND THE FY CAPITAL BUDGET TO APPROPRIATE $192,000 IN SOUTH NORFOLK TIF SURPLUS FUNDS TO FREEMAN AVENUE MAINTENANCE PROJECT DEPARTMENT OF PUBLIC WORKS City Manager Harrell requested City Manager Item (4) be continued to the February 10, 2009 City Council meeting. Council Member Ritter asked Acting Public Works Director Eric Martin if the project included paving from Bainbridge Boulevard to Buell Street. Mr. Martin replied yes. He also advised that the maps contained in the Council s back-up were incorrect. He said a corrected map would be provided in the February 10, 2009 City Council package. Council Member Willis requested to know the amount of surplus funds available in the South Norfolk Tax Increment Financing funds and if there were other needs. City Manager Harrell responded that the request being considered originated from Council Member Ritter and that he would look into the matter further to see if there were additional needs

11 Council Member Hayes, on a motion seconded by Council Member Ritter, moved to continue the item to the February 10, 2009 City Council Meeting. There was no further discussion. On the motion to continue the item to the February 10, 2009 City Council Meeting, voting yes; Council Members Collins, Hayes, de Triquet, Krasnoff, Ritter, Ward, West, Voting no: None (Council Member Parker was out of the chamber) (4) CITY MANAGER UPDATES City Manager Harrell provided two updates: 1) Town Hall Meeting on February 3, 2009 concerning Departmental Project/Programs; and 2) South Norfolk Armory Planning Meeting held on January 26, 2009 at Truitt Intermediate School. City Attorney Items (1) #09-O-008 AN ORDINANCE AMENDING CHAPTER 14 OF THE CHESAPEAKE CITY CODE, ENTITLED "BUILDINGS AND BUILDING REGULATIONS," SECTION 14-33(j) THEREOF, TO PROVIDE AN EXEMPTION FROM BUILDING PERMIT FEES FOR BRIDGES, APPROACHES AND ACCESSES CONSTRUCTED AND OPERATED BY A PRIVATE ENTITY USING NO PUBLIC FUNDS. (This item was heard after NPPH-(C) at the beginning of the meeting.) (2) #09-R-005 RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A LEASE OF CERTAIN OFFICE SPACE LOCATED IN THE CIRCUIT/GENERAL DISTRICT COURTS BUILDING LOCATED AT 307 ALBEMARLE DRIVE, TO THE COMMONWEALTH OF VIRGINIA, SUPREME COURT OF VIRGINIA, FOR A FIVE-YEAR TERM. City Attorney Harrell presented the item and requested approval. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. Council Member Willis stated that the appropriation had already been approved and that the action being considered was to lease the space. Council Member West said he was concerned that the $250,000 would not be recouped in five years by obtaining the rent noted in the back-up. Assistant to the City Manager Mary Ann Saunders explained the history concerning the unfinished space located in the court building and how the rent figure was derived. Council Member Ritter asked Deputy City Manager Betty Jean Meyer to explain the contingency funds left over from the original construction funds. Dr. Meyer said that there were funds designated in the original project and the last of those funds were appropriated in November 2008 to complete the project. Dr. Meyer said when the building was originally built every space was not used, including the area being considered. Vice Mayor de Triquet made brief comments on building-out the project and said leasing the space to the Justice Department was an appropriate use of the building as it was originally intended

12 There were no additional comments. On the motion for approval of the Resolution, as presented, voting yes: CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) There were no speakers. APPOINTMENTS TO BOARDS AND COMMISSIONS A. Animal Control Advisory Board 1 appointment Council Member Ritter nominated Sharon L. Sockman (Animal Control Representative) for appointment. Council Member Parker, on a motion seconded by Council Member Ward, moved to close nominations and appoint the nominee. On the motion to close nominations and appoint the nominee, voting yes: Sharon L. Sockman (Animal Control Representative) was appointed to the Animal Control Advisory Board. B. Chesapeake Historic Preservation Commission 6 appointments (Continued from the November 25, 2008 City Council meeting) Council Member West nominated David T. Heim (Knowledge Representative) and Geroge M. Nicholos (Architect) for reappointment; and Ron C. Askew (citizen), George L. Foster, (knowledge Representative), Victor L. Pickett (Knowledge Representative) and Odean J. Vanthul (Knowledge Representative) for appointment. Council Member Ward, 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: David T. Heim (Knowledge Representative) and George M. Nicholos (Architect) were reappointed; and Ron C. Askew (citizen), George L. Foster, (knowledge Representative), Victor L. Pickett (Knowledge Representative) and Odean J. Vanthul (Knowledge Representative) were appointed to the Chesapeake Historic Preservation Commission

13 C. Board of Historic and Architectural Review 5 appointments Council Member Ritter nominated Jennifer L. Gilman (Historic District Resident), Laura Ginger T. Hampton (Citizen), and George M. Nicholos (Architect) for reappointment; and Timothy J. Jenkins (Shelter Industry) and Larry A. Thompson (Knowledge Representative) for appointment. Council Member Parker on a motion seconded by Council Member Collins, moved to close nominations and appoint the nominees. On the motion to close nominations and appoint the nominees, voting yes: Jennifer L. Gilman (Historic District Resident), Laura Ginger T. Hampton (Citizen), and George M. Nicholos (Architect) were reappointed; Timothy J. Jenkins (Shelter Industry) and Larry A. Thompson (Knowledge Representative) were appointed to the Board of Historic and Architectural Review. D. Chesapeake Agricultural Advisory Commission 1 appointment Council Member Ritter nominated Judith C. Ferguson (Farmer) for appointment. Council Member Collins, 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 nominees, voting yes: Judith C. Ferguson (Farmer) was appointed to the Chesapeake Agricultural Advisory Commission. E. Chesapeake City Symbol Committee 8 appointments Without objection, appointments were continued to the February 24, 2009 City Council meeting

14 F. Chesapeake Commission for the Prevention of AIDS 9 appointments Vice Mayor de Triquet returned the gavel to Mayor Krasnoff to make nominations. Vice Mayor de Triquet nominated Linda Free (Health Department Representative) for reappointment; Faye Bennett (Human Services Representative) for appointment; and to continue the remaining appointments. Council Member Collins on a motion seconded by Council Member Parker, moved to close nominations and appoint the nominees, and to continue the remaining appointments. On the motion to close nominations, appoint the nominees, and continue the remaining appointments, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, Linda Free (Health Department Representative) was reappointed and Faye Bennett (Human Services Representative) was appointed to the Chesapeake Commission for the Prevention of AIDS. G. Chesapeake Commission on Substance Abuse 1 appointment Vice Mayor de Triquet nominated Lieutenant William R. Forehand (Police Department Representative) for appointment. Council Member Ward, 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: Lieutenant William R. Forehand (Police Department Representative) was appointed to the Chesapeake Commission on Substance Abuse. Mayor Krasnoff relinquished the gavel back to Vice Mayor de Triquet. H. Chesapeake Redevelopment and Housing Authority 1 appointment Vice Mayor de Triquet advised appoints to the Chesapeake Redevelopment and Housing Authority were made at the January 13, 2009 City Council meeting

15 I. Local Emergency Planning Committee 2 appointments Council Member Willis nominated Marlon Z. Evasco (Firefighter Representative) and Thomas V. Fleming (citizen) for appointment. 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: Marlon Z. Evasco (Firefighter Representative) and Thomas V. Fleming (citizen) were appointed to the Local Emergency Planning Committee. J. Mosquito Control Commission 1 appointment Without objection, the appointment was continued to the February 24, K. Public Art Committee 1 appointment Council Member Parker nominated Michael A. Gomori (Fine Arts Commission Representative) for appointment. Council Member Ward, on a motion seconded by Council Member Collins, moved to close nominations and appoint the nominee. On the motion to close nominations and appoint the nominee, voting yes: Michael A. Gomori (Fine Arts Commission Representative) was appointed to the Public Art Committee. L. South Hampton Roads Disability Services Board 3 appointments Council Member Willis nominated Christopher A. Heath (Visually Impaired member) and Eugene A. Rosier (City Representative) for reappointment and to continue one appointment. Council Member Collins, on a motion seconded by Council Member Ward, moved to close nominations, appoint the nominees, and continue one appointment. On the motion to close nominations, appoint the nominees and continue one appointment, voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, Christopher A. Heath (Visually Impaired member) and Eugene A. Rosier (City Representative) were reappointed to the South Hampton Roads Disability Services Board

16 M. Stormwater Committee 3 appointments Council Member Ritter nominated Sherrie D. Lucas and Jimmy R. Smith (Citizen) for reappointment, and Gail Farley for appointment. Council Member Parker, 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: Sherrie D. Lucas and Jimmy R. Smith (Citizen) were reappointed, and Gail Farley was appointed to the Stormwater Committee. N. Transportation Safety Commission 1 appointment Council Member Collins nominated Margaret L. Eure for appointment. Council Member Ward, 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: Margaret L. Eure was appointed to the Transportation Safety Commission. Vice Mayor de Triquet returned the gavel to Mayor Krasnoff. COMMITTEE REPORTS Mayor Krasnoff called on Council Members for Committee Reports. Council Member Ward provided a Legislative Update on the Virginia General Assembly session and commented on the Payday Lenders bill (HB 1709). Dr. Ward expressed concerns about the schools budget and possible layoffs. She suggested a meeting with the School Board regarding budget issues. Council Member West noted that he had attended a Hampton Roads Transit (HRT) meeting and while there, shared a complaint received from a citizen at a recent Town Hall Meeting about the conditions of the bus stop shelters. Dr. West said HRT was willing to look into the matter. Council Member Willis commented on the Flow Control Bill, ( SB 1187; Garbage and refuse services), that Senator Blevins carried on behalf of the City. Ms. Willis noted the bill was defeated in committee (Senate s Committee on Local Government), however, she expressed appreciation to Senator Blevins for his support and willingness to patron the bill. Council Member Willis remarked that she and Council Member Parker were the Hospital Liaisons and pointed out that Chesapeake Regional Medical Center was the only independent medical facility in the region. Ms. Willis stated that she had a letter from the hospital for City Attorney Hallman to review which opposed

17 applications from other hospitals requesting additional beds. A brief discussion ensued regarding Members of Council reviewing the letter and providing responses back by close of business on January 29, Council Member Ward expressed appreciation to all who came out to support the dedication of Chesapeake Regional Medical Center s Emergency Room expansion. She stated that the emergency room staff was committed to seeing all patients within five minutes of arrival. Vice Mayor de Triquet asked City Manager Harrell if the driving principles of the budget had changed since the last Council retreat and Mr. Harrell replied no. He commented on the need to have prudent fiscal principles, to prioritize needs, and to reprocess the budget principles individually and collectively. Dr. de Triquet noted that the budget would be challenging and asked City Manager Harrell for an update on the budget. Mr. Harrell commented that staff was monitoring trends and that they were anticipating a $10 million gap in this budget year and a $30 million gap next year. City Manager Harrell said Phase II of the Pay Plan would not be implemented and advised that a letter would be sent to City employees concerning the budget. OLD AND NEW BUSINESS Mayor Krasnoff called on Council Members for Old and New Business. Council Member Ritter stated that she and Council Member Willis had attended an Audit Committee meeting earlier that day and they were advised that Chesapeake would not be immune from economic issues and noted that the Southeastern Public Service Authority (SPSA) issue could be a major risk. She noted that a copy of the report would be forthcoming. Council Member Ritter announced that (SPSA) had cancelled their Public Hearing scheduled for January 28, 2009 because it had not been properly advertised. City Attorney Hallman confirmed Mrs. Ritter s statement and advised that SPSA did not follow the Code of Virginia pertaining to legally advertising public hearings. He noted they would still hold their regular meeting. Council Member Ritter said the error was discovered by the City Attorney s office. Council Member Ritter suggested that budget meetings should be getting underway with Council. Mrs. Ritter noted budget cuts were not necessarily bad, and that public confidence needed to be restored in government. Council Member Ritter commented on the proposed closure of the Southeastern Virginia Training Center. She said the closure would cause a hardship on some of the City s most helpless citizens and urged those in support of keeping the Center open to contact their legislators and Governor Timothy Kaine. Council Member Ward thanked City Manager Harrell and staff for the prompt response of repairing the drainage problem at Westgate Avenue and Tournament Drive. Council Member West stated that he had been approached about revising the City s Level of Serve policy as it related to student members and new schools

18 City Manager Harrell stated he would work with staff on this request and report back to Council Members. Council Member Willis mentioned that SPSA was meeting the following day and she had been advised that the Authority did not support Chesapeake s Legislative request. Mrs. Willis wanted Council s Liaison to SPSA, Council Member Collins, to find out why the Board did not support Chesapeake s Legislative request. CLOSED SESSION Mayor Krasnoff asked City Attorney Hallman to present the language a Closed Session. City Attorney Hallman provided the following language for a Closed Session: I move that the City Council conduct a Closed Session at 4:00 p.m. on February 10, 2009 in the City Council Chamber, City Hall building, to consult with legal counsel regarding specific matters requiring the provision of legal advice, pursuant to Virginia Code Section A.7. Council Member Collins, on a motion seconded by Council Member Ward, moved approval of a Closed Session discussion to be held on February 10, 2009 at 4:00 p.m. Council Member Ritter asked that a work session not be scheduled on February 10 th, and expressed that she was opposed to a work session with ReEnergy. There was a brief discussion between Council Members, City Attorney Hallman and City Manager Harrell regarding time management between work sessions and Closed Sessions, work session topics, and the Closed Sessions prior to the meetings. Council Member Willis asked Council Member Collins what was the purpose of the work session with ReEnergy. He said it was to give ReEnergy the opportunity to provide Council data directly so that Council could have the tools they needed to make the best decisions. Ms. Willis said she supported the work session. There was no further discussion. On the motion for approval of a Closed Session discussion to be held on February 10, 2009 at 4:00 p.m. voting yes: Council Members Collins, Hayes, de Triquet, Krasnoff, Parker, Ritter, Ward, West, BENEDICTION Mayor Krasnoff called on Council Member Willis to offer the benediction

19 ADJOURNMENT There being no further business for consideration, the meeting was adjourned at 8:40 p.m. /vfm Mayor Attest: City Clerk