City Council Work Session April 27, 2010 A Regular Work Session of the Chesapeake City Council was held April 27, 2010, 4:30 at p.m., in the City Hall Building, 306 Cedar Road. Present: Absent: Council Member Bryan L. Collins Vice Mayor John M. 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 Council Member C. E. Cliff Hayes, Jr. Council Member Dwight M. Parker Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Attorney Jan Proctor, Deputy City Manager Wanda Barnard- Bailey, Deputy City Manager Amar Dwarkanath, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore, Planning Director Brent Nielson, Assistant Planning Director Karen Shaffer, Environmental Code Enforcement Administrator John King, Senior Planners Mark Shea and Mark Woodward, Principle Planner Brian Ballard and others. Also Present: Navy Community Affairs Liaison and Chesapeake Public Schools Senior Planner John Bertocchi. The following topics were discussed during the Work Session: 1) Wind Turbines 2) Proffers 3) City Council Reports The Work Session adjourned at 5:32 p.m. /smu - 1 -
Regular Meeting of City Council April 27, 2010 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on April 27, 2010 at 6:30 p.m., in the City Hall Building, 306 Cedar Road. INVOCATION: Dr. John W. Godfrey, Great Hope Baptist Church PLEDGE OF ALLEGIANCE: Council Member Willis 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.(excused at 7:40 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: None Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty Meyer, City Clerk Dolores Moore and other staff members. APPROVAL OF MINUTES Mayor Krasnoff advised that the minutes of the July 11, 2009 Retreat and July 14, 2009 Work Session and Regular City Council meetings were presented for approval. Council Member Ritter asked that the approval of the minutes be separated by date as she was absent from the July 11 th Retreat and would abstain from voting on those minutes. Council Member Ward, on a motion seconded by Council Member West, moved approval of the minutes of the July 11, 2009 Retreat, as presented. On the motion for approval of the minutes of the July 11, 2009 Retreat, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ward, West and Voting no: None (Council Member Ritter abstained as she was not in attendance.)
Council Member Ward, on a motion seconded by Council Member West, moved approval of the minutes of the July 14, 2009 Work Session and Regular City Council meeting, as presented. On the motion for approval of the minutes of the July 14, 2009 Work Session and Regular City Council meeting, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Voting no: None Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. PROCLAMATION Drinking Water Week May 2-8, 2010 Mayor Krasnoff called Public Utilities Director James Walski to the podium. Director Walski, accompanied by staff members, came forward and accepted the proclamation. He offered brief comments highlighting the importance of preserving and conserving the vital resource of water. PROCLAMATION National Music Week May 2-9, 2010 Mayor Krasnoff asked Music Study Club President Faith Guiterrez, Vice President Jean Turmel, Treasurer Ulla Lowe and Secretary Margaret Cummings to come to the podium. President Guiterrez accepted the proclamation, made comments about National Music Week, and announced the 2010 theme - Music A Key to the Future. PROCLAMATION - Chesapeake Relay for Life Week May 2-8, 2010 Mayor Krasnoff invited Relay for Life Chesapeake Committee Chairman Tracey McLeary. Liaison Sherry Simmons, American Cancer Society-Chesapeake Representative Christian Duncan, committee members Mike McColgan, John Wojtasiak and Stacey Wells to the podium. Ms. Simmons stated that Chesapeake was a Relay for Life community and invited Council Members to participate May 7, 2010 at Chesapeake City Park. Ms. Simmons also thanked the Chesapeake Jubilee, Inc. for allowing Relay for Life to operate under their insurance umbrella and commented on the savings realized from that action. Mayor Krasnoff announced that immediately following the City Council meeting, the City Hall Building would be lit purple in honor of Relay for Life and invited everyone to join in the lighting ceremony. PROCLAMATION Stand Against Racism Day April 30, 2010 Mayor Krasnoff called Young Women s Christian Association (YWCA) Assistant Executive Director Barbara Bobbi Hart and Chairperson of the YWCA Advocacy Committee Doris Cookie Palacios to the podium to accept the proclamation. Mayor Krasnoff announced that Council Member Ward and Chief Executive Officer of Jo-Kell, Inc., Suzy Kelly had recently been recognized as Women of Distinction by the YWCA. Ms. Hart accepted the proclamation and listed some of the events that would be held during the Public Awareness Campaign, April 30 May 2, 2010.
AFFIRMATION Vice Mayor de Triquet asked City Attorney Ronald Hallman to read the affirmation for those Council Members who were employees of the Chesapeake Public Schools System and the Chesapeake Sheriff s Department so they could participate in the discussion and vote on items that may impact their departments receiving funding through the City s Operating Budget. After City Attorney Hallman read the statement, the following Council Members so affirmed: Council Member Hayes (Sheriff s Office) Council Member Willis (Schools) Council Member Parker (Schools) Vice Mayor de Triquet returned the gavel back to Mayor Krasnoff. Mayor Krasnoff announced that UP-10-03, Sentara Greenbrier Medical Care Facility, TA-Z-09-03, a text amendment regarding the placement of Wind Turbines and TA-Z-09-04, a text amendment to provide for the placement of banners and flags on utility and cluster poles in the Greenbrier and the South Norfolk Tax Increment Financing Districts, originally scheduled for May 18, 2010 City Council Meeting, would be heard at the May 25, 2010 City Council Meeting. APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Moore advised there were no speakers prior to the presentation of the Public Hearing Items. Non-Planning Public Hearing Items A. #10-R-020 RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A DEED OF EASEMENT TO NEW CINGULAR WIRELESS PCS, LLC TO MAINTAIN AND OPERATE A TELECOMMUNICATIONS FACILITY AT 4539 MIARFIELD ARC. City Clerk Moore presented the item. City Clerk Moore introduced the following speaker in support of NPPH-A: Chip Floyd, 712 Brandermill Drive, representing New Cingular Wireless, available for questions only. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. On the motion for approval of the Resolution, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Voting no: None (Council Member Hayes out of the chamber.) B. AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2010, AND ENDING JUNE 30, 2011, TO PRESCRIBE THE TERMS AND PAYMENT AND TO REPEAL ALL ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE. The item was for citizen input only, no action was taken.
City Clerk Moore presented the item and introduced the following speakers in support of NPPH-B: Marianne Smith Vargas, 800 Tidewater Drive, Norfolk, representing the Foodbank of Southeastern Virginia. Cheryl Ward, 6300 East Virginia Beach Boulevard, Virginia Beach, Virginia, representing the Endependence Center. Jim Lewallen, 1527 Jolliff Road, representing the Chesapeake Taxpayer Alliance. Vantoria Clay, 6300 East Virginia Beach Boulevard, Norfolk, representing the Endependence Center. Harry Boone, 2704 G. Town House Lane, representing Deep Creek Recreation Center was not present when called. City Clerk Moore introduced the following speaker in opposition to NPPH-B: Jeff VanMeter, 304 Albermarle Drive, representing the Chesapeake Coalition of Police. The item was for citizen input only. (C) AN ORDINANCE IMPOSING AND LEVYING A TAX WITHIN THE CITY OF CHESAPEAKE, VIRGINIA, ON ALL TAXABLE PROPERTY FOR THE MAINTENANCE AND OPERATION OF THE CITY, FOR THE RETIREMENT OF BONDED DEBT, AND FOR THE PAYING OF INTEREST THEREON FOR THE PERIOD FROM JULY 1, 2010, TO JUNE 30, 2011. City Clerk Moore advised that there were no speakers on the item. The item was for citizen input only, no action was taken. (D) PROPOSED CAPITAL IMPROVEMENT PROGRAM Five years: FY 2010-11 through 2014-15 City Clerk Moore advised that there were no speakers on the item. The item was for citizen input only, no action was taken. (E) PROPOSED CAPITAL IMPROVEMENT BUDGET July 1, 2010 through June 30, 2011 City Clerk Moore introduced the following speaker in opposition to NPPH-E. Bill Garrett, 4026 Scotfield Drive, representing self. The item was for citizen input only, no action was taken CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore introduced the following speaker: Bill Garrett, 4026 Scotfield Drive, representing self, spoke on City Clerk Item #2 (A). CONSENT AGENDA City Clerk Moore read the Consent Agenda items into the record. 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.
Vice Mayor de Triquet, on a motion seconded by Council Member Parker, moved approval of the Consent Agenda, as presented. On the motion for approval of the Consent Agenda, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Ritter, Parker, Ward, West, and Voting No: None City Clerk Items (1) REFUND a. Five Rivers Services, LLC - $3,798.20 (2) 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 May 12, 2010 and recommended to City Council for a future meeting: a. R(C)-08-19(Rev 4/10) Northwest River Park APPLICANT: Chesapeake Parks & Recreation Department PROPOSAL: A rezoning of 38± acres from C-3 Recreation District to A-1 Agricultural District and C-1 Conservation District. PROPOSED COMP LAND USE / DENSITY: Recreation/Open Space EXISTING COMP LAND USE / DENSITY: Recreation/Open Space LOCATION: 1733 Indian River Creek TAX MAP SECTION/PARCEL: portion of 1090000000050 BOROUGH: Butts Road b. R(PUD)-10-01 Broadlawn Park APPLICANT: Chesapeake Redevelopment and Housing Authority AGENCY: Vanasse Hangen Brustlin, Inc. PROPOSAL: A conventional zoning reclassification of 20.59 acres from R-6, Residential District to PUD-U, Planned Unit Development Urban to develop 185 residential units. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Medium Density Residential LOCATION: 2601 Broad Street TAX MAP SECTION/PARCEL: 1410000000370 BOROUGH: South Norfolk City Manager Items (1) REQUEST FOR AUTHORITY TO SUBMIT A SMALL WATERSHED GRANT APPLICATION TO THE NATIONAL FISH AND WILDLIFE FOUNDATION DEPARTMENT OF PLANNING (2) REQUEST FOR AUTHORITY TO SUBMIT A 2010 PORT SECURITY GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT POLICE DEPARTMENT
REGULAR AGENDA City Manager Items (3) CONSIDERATION OF APPROVAL OF THE CITY OF CHESAPEAKE S PROGRAM YEAR 36 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME CONSOLIDATED ACTION PLAN OFFICE OF HOUSING 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 item, as presented. On the motion for approval of the item, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Voting no: None (4) CITY MANAGER UPDATES City Manager Harrell advised that the Police Citizen Advisory Group Members had been selected and offered an update on the FY 2010-11 Capital Budget. He also provided information for the new Western Branch Task Force. CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) Marilynn Shafer, 4003 Cobb Avenue, representing self, spoke on Public Safety. Bill Garrett, 4026 Scotfield Drive, representing self, spoke on City Services. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. APPOINTMENTS TO BOARDS AND COMMISSIONS A. Animal Services Advisory Board 1 appointment Council Member Ritter nominated Natalie Forman. Council Member Parker, on a motion seconded by Council Member Collins, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Hayes, Parker, Krasnoff, Ritter, Ward, West and Voting no: None Natalie Forman was appointed to the Animal Services Advisory Board. Council Member Hayes was excused at 7:40 p.m.
B. Chesapeake Interagency Consortium 3 appointments Council Member Collins nominated Linda Filippe, C.E. Cliff Hayes and himself for reappointment. Council Member Parker, on a motion seconded by Council Member Ward, moved to close the nominations and reappoint the nominees. On the motion to close the nominations and reappoint the nominees, voting Council Members Collins and Hayes and Linda Filippe were reappointed to the Chesapeake Interagency Consortium. C. Chesapeake OPEB Finance Board 1 appointment (continued from the March 23, 2010 City Council Meeting) Mayor Krasnoff nominated Robert W. Tull, Jr. for reappointment. Council Member Collins, on a motion seconded by Council Member Ward, moved to close the nominations and reappoint the nominee. On the motion to close the nominations and reappoint the nominee, voting Robert W. Tull, Jr. was reappointed to the Chesapeake OPEB Finance Board. D. Chesapeake Tourism Advisory Board 3 appointments (continued from the March 23, 2010 City Council Meeting) Mayor Krasnoff nominated James Lucado and Libby Blankenship as general business representatives and Diane Gomori as a restaurant industry representative. Council Member Parker, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting James Lucado and Libby Blankenship were appointed as general business representatives and Diane Gomori was appointed as a restaurant industry representative to the Chesapeake Tourism Advisory Board. E. Chesapeake Youth Committee 2 appointments (students) Council Member Willis nominated Nicholas R. Matthews and Heath C. Saunders (students). Council Member West, on a motion seconded by Council Member Collins, moved to close the nominations and appoint the nominees.
On the motion to close the nominations and appoint the nominees, voting Nicholas R. Matthews and Heath C. Saunders were appointed, as student representatives to the Chesapeake Youth Committee. F. Citizens Juvenile Advisory Council 2 appointments Council Member Parker nominated Shirley Browne and Dorothy Rawls. Council Member Ward, on a motion seconded by Council Member Collins, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting Shirley Browne and Dorothy Rawls were appointed to the Citizens Juvenile Advisory Council. G. Community Trust/Board of Governors 1 appointment Council Member Ritter nominated Eleanor Calvert. Council Member Ward, on a motion seconded by Council Member West, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Parker, Krasnoff, Ritter, Ward, West and Eleanor Calvert was appointed to the Community Trust/Board of Governors. H. Eastern Virginia Medical School 1 appointment Council Member Willis nominated Dr. Derwin P. Gray for reappointment. Council Member Ward, on a motion seconded by Council Member Collins, moved to close the nominations and reappoint the nominee. On the motion to close the nominations and reappoint the nominee, voting Dr. Derwin P. Gray was reappointed to the Eastern Virginia Medical School.
I. Parks and Recreation Advisory Board 1 appointment (student) Council Member Collins nominated Ashley Bullock (student). Council Member Willis, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Collins, de Triquet, Parker, Krasnoff, Ritter, Ward, West and Ashley Bullock was appointed as a student representative to the Parks and Recreation Advisory Board. J. Port Authority 2 appointments Paul Horsball and Rick Russ were nominated at the April 13, 2010 City Council Meeting. Council Member Collins, on a motion seconded by Council Member Parker, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting Paul Horsball was reappointed and Rick Russ was appointed to the Port Authority. K. Stormwater Committee 2 appointments Council Member Ritter nominated Derek Pipen and John Poland. Council Member Collins, on a motion seconded by Council Member Parker, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting Derek Pipen and John Poland were appointed to the Stormwater Committee
L. Transportation District Commission of Hampton Roads 4 appointments Council Member West nominated C.E. Cliff Hayes, Jr., Mary Ann Saunders, and Earl Sorey for reappointment. Mayor Krasnoff nominated Richard W. Rick West for reappointment. Council Member Ward, on a motion seconded by Council Member Collins, moved to close the nominations and reappoint the nominees. On the motion to close the nominations and reappoint the nominees, voting Council Member C.E. Cliff Hayes, Jr., Council Member Richard Rick West, Mary Ann Saunders and Earl Sorey were reappointed to the Transportation District Commission of Hampton Roads. M. Transportation Safety Commission 2 appointments (1 student) Council Member Collins nominated Police Lt. Johnny C. Day (police) and Airn Hannah (student). Council Member Parker, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting Police Lt. Johnny C. Day (police) and Airn Hannah (student) were appointed to the Transportation Safety Commission. N. Transportation Toll Facility Advisory Commission 2 appointments Council Member Ritter nominated James A. Roy and Larry Zoeller for reappointment. Council Member Willis, on a motion seconded by Council Member Parker, moved to close the nominations and reappoint the nominees. On the motion to close the nominations and reappoint the nominees, voting Voting no: None (Council Member Hayes excused) James A. Roy and Larry Zoeller were reappointed to the Transportation Toll Facility Advisory Commission. COMMITTEE REPORTS Mayor Krasnoff called on Council Members for Committee Reports beginning with Council Member Collins. There were none. OLD AND NEW BUSINESS
(1) #10-O-035 AN ORDINANCE AMENDING CHAPTER 62 OF THE CHESAPEAKE CITY CODE, ENTITLED SOLID WASTE, ARTICLES I AND II THEREOF, BY ADDING SECTIONS 62-8 THROUGH 62-12 TO REQUIRE THE ABATEMENT OF NUISANCE TREES AND SHRUBS ON ANY LAND OR PREMISES WITHIN THE CITY; AND BY AMENDING SECTIONS 62-31(a) AND 62-32(c) CONCERNING VIOLATIONS AND ENFORCEMENT OF CHAPTER 62. (Council Member Willis) (Continued from the March 23, 2010 City Council Meeting) City Clerk Moore presented the item. Council Member Ritter, on a motion seconded by Council Member Willis, moved approval of the Alternate Version of the Ordinance, as presented. Council Member Ritter commented that the Ordinance was a start to resolve the nuisance trees and shrubs issue in the City and asked that City Manager Harrell provide Council Members with a review of the Ordinance in one year. Council Member Willis thanked Council Member Ritter for her assistance on the Ordinance. Council Members Ritter, West and Willis commented on the flexibility of reconsidering and amending the item in the future should there be a need to do so. City Attorney Hallman confirmed that the item could be reviewed when necessary. On the motion for approval of the Alternate Version of the Ordinance amendment, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and. Mayor Krasnoff called on Council Members for any additional Old and New Business. Council Member Parker requested that Western Branch Boys and Girls Indoor Track Teams be recognized at a future City Council Meeting. Council Member Willis inquired about the potential savings that would be result from the proposed retirement program and how the monies would be dispersed. Ms. Willis asked if Public Safety positions could be saved with the potential savings. City Manager Harrell replied that staff would provide information on the savings that could be realized from the proposed retirement program and how the monies could be dispersed. Council Member Parker stated that Deputy City Manager Meyer had previously advised that approximately eight Police officers could be hired from the savings. Council Member West asked for information on the types of Police positions that could be added through use of the savings. City Manager Harrell advised that staff would provide a detailed report to Council Members on the issue. Mayor Krasnoff asked that a work session be held prior to the time Council would be voting on the Proposed Budget to clarify the exact amount of savings that
may be realized from the proposed retirement incentive and the affects the monies would have on the budget. City Manager Harrell advised that more information would be provided to Council Members at the Work Session prior to the May 11, 2010 City Council Meeting. BENEDICTION Mayor Krasnoff called on Council Member Parker to offer the benediction. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:03 p.m. /smu Mayor Attest: City Clerk