City Council Meeting Agendas

City Council Regular Meeting September 2, 2020 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 2, 2020, at 6:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, Sr. Lue R. Ward, Jr. Patrick G. Roberts, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order. Council Member Milteer offered the Invocation and led the Pledge of Allegiance. City Clerk Dawley called the roll, and all members of City Council were in attendance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 2, 2020, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the resolution, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF SEPTEMBER 2, 2020, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 2, 2020 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the June 3, 2020, Regular Meeting, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 City Manager Roberts announced that a motion would be in order to amend the agenda to add the following items under the Special Presentations portion of the agenda – COVID-19 Update and the 2020 Bond Issuance Results. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to amend the agenda to include the aforementioned items under the Special Presentations portion of the agenda, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - COVID-19 Update Utilizing a PowerPoint presentation, Dr. Todd Wagner, Director, Western Tidewater Health District, provided information on the above referenced item. Referring to the presentation, Council Member Duman asked about the process for a restaurant to reopen after violating the State’s COVID-19 operational regulations. Dr. Wagner explained that a restaurant owner can contact him directly provide a compliance plan which can he can approve administratively. Referring to the presentation, Council Member Duman queried about the authority to determine the reopening of a restaurant closed after violating the State’s COVID-19 operational regulations. Dr. Wagner replied that the State has granted local health department directors with the authority to determine if a restaurant can reopen after violating the State’s COVID-19 operational regulations. He added that should a restaurant operator be dissatisfied with the determination made by the local health department director, they can contact the Virginia Department of Health. Referring to the presentation, Council Member Duman opined about the likelihood a restaurant could reopen, should it repeatedly violate the State’s COVID-19 operational guidelines. Dr. Wagner explained that it would be difficult for a local health department director to reopen a restaurant, should it repeatedly violate the State’s COVID-19 operational guidelines. Referring to the presentation, Mayor Johnson called for clarification about the number of violations of the State’s COVID-19 operational regulations that would result in a restaurant being closed. Dr. Wagner stated that should a local health department receive multiple complaints about a restaurant violating the State’s COVID-19 operational regulations then a restaurant would be closed. 2 City Council Regular Meeting September 2, 2020 Vice Mayor Bennett inquired about the timeline for the flu vaccine. Dr. Wagner encouraged individuals to receive their flu vaccine as soon as possible. Special Presentation - 2020 Bond Issuance Results. Utilizing a PowerPoint presentation, Finance Director Tealen Hansen offered a summary of the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson advised that a motion was in order at this time to adopt the agenda, as presented. Council Member Duman, on a motion seconded by Council Member Fawcett, to adopt the agenda, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Virginia Department of Transportation Economic Development Access Road Program and to provide a local cash match Consent Agenda Item #8 - An ordinance to accept and appropriate program income resulting from the repayment of certain loans associated with the City of Suffolk Down Payment Assistance Program Consent Agenda Item #9 - A resolution in support of the Law Enforcement Mutual Aid Agreement Consent Agenda Item #10 - An ordinance to accept and appropriate CARES Act Elementary and Secondary School Emergency Relief Funds from the Commonwealth of Virginia Referring to Consent Agenda Items #7 through #10, City Manager Roberts submitted a review of the background information as printed in the official agenda. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 3 City Council Regular Meeting September 2, 2020 PUBLIC HEARINGS Public Hearing – A resolution concerning an application to place a “No Wake Zone” on Bennetts Creek and adjacent to the communities of Parkside and the Retreat at Bennetts Creek Utilizing a PowerPoint presentation, Public Works Assistant Director Robert Lewis provided a synopsis on the background information as printed in the official agenda. Jason Moore, 3436 Raintree Circle, representing self, spoke in support of the proposed resolution, as presented. Randy McReyolds, no address provided, Board Member, The Retreat at Bennett’s Creek, spoke in support of the proposed resolution, as presented. Kittrell Eberwine, 3333 Bridge Road, spoke in support of the proposed resolution, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett move to approve the resolution as presented. The motion failed to receive a second. Referring to the presentation, Council Member Duman inquired about the role of the Department of Wildlife Resources, as it relates to the approval process. Public Works Assistant Director Lewis explained that even if City Council approves the proposed resolution, the Department of Wildlife Resources has the ultimate authority to approve the application. Referring to the presentation, Council Member Duman called for clarification about the guidelines used by the City and the Department of Wildlife Resources in order to consider a “No Wake Zone” application. Public Works Assistant Director Lewis said that the City and the State use the same guidelines when considering “No Wake Zone” applications. Referring to the presentation, Vice Mayor Bennett queried about enforceability of a No Wake Zone”. City Manager Roberts indicated that if City Council approves the proposed resolution, and the State approves the “No Wake Zone” application, the United States Coast Guard, the Suffolk Police Department and the Department of Wildlife Resources will be responsible for enforcement. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented. Referring to the presentation, Mayor Johnson opined about enforceability in the event that the City establishes a “No Wake Zone”, but the Department of Wildlife Resources denies an application. City Manager Roberts stated the in the event that the City solely establishes a “No Wake Zone”, then the enforcement would fall exclusively on the City. 4 City Council Regular Meeting September 2, 2020 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION CONCERNING AN APPLICATION TO PLACE A “NO WAKE ZONE” ON BENNETT’S CREEK AND ADJACENT TO THE COMMUNITIES OF PARKSIDE AND THE RETREAT AT BENNETT’S CREEK ORDINANCES Ordinance – An ordinance to reappropriate unspent Fiscal Year 2019-2020 funds to the Fiscal Year 2020-2021 School Operating Fund City Manager Roberts submitted a summation of the background information as printed in the official agenda. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented. Referring to the presentation, Council Member Johnson queried about the purpose of the proposed ordinance. City Manager Roberts advised that the funds would go back into the Operating Budget of the Suffolk Public Schools for Fiscal Year 2020-2021. He added that it is one-time funding, not reoccurring and is a result of unspent monies in the last fiscal year. Referring to the presentation, Council Member Johnson sought clarification about the use of the proposed funds. City Manager Roberts reported that the City cannot categorize the use of the funds, and spending decisions are the responsibility of Suffolk Public Schools. He added that School Superintendent John Gordon indicated that the funds would be used for one-time purposes. Dr. Gordon further added that the funds would be used to address needs because of the COVID-19 pandemic. Council Member Johnson opined about the uses of the recently allocated funds from the Coronavirus Aid, Relief, and Economic Security Act. Wendy Forsman, Chief Financial Officer, Suffolk Public Schools, said that those funds were used for technology, personal protection equipment, disinfection machines and chemicals. She added that all of those items would increase in use once students return to in person instruction. She further added that other items would include additional hand sanitizing stations, signage, masks for students, software for virtual learning, equipment for special needs students, and contractual support for information technology services. Council Member Duman inquired about the possible need for a tax increase at the end of the year due to a potential shortfall, because of the better than expected revenue last quarter. City Manager Roberts explained that at this point he cannot speculate due to the ongoing coronavirus pandemic. He added that at this point, it is anticipated that the City’s expenses will be funded by existing funds. 5 City Council Regular Meeting September 2, 2020 Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO REAPPROPRIATE UNSPENT FISCAL YEAR 2019-2020 FUNDS TO THE FISCAL YEAR 2020-2021 SCHOOL OPERATING FUND Ordinance – An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions of the Nansemond Reserve residential development for property located at 4316 Sleepy Hole Road, Zoning Map 19, Parcel 4A: RZN2020-005 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley gave a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS OF THE NANSEMOND RESERVE RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED AT 4316 SLEEPY HOLE ROAD, ZONING MAP 19, PARCEL 4A: RZN2020-005 (CONDITIONAL) RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. 6 City Council Regular Meeting September 2, 2020 MOTIONS Motion – A motion to schedule a City Council Work Session, for Wednesday, September 16, 2020, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to schedule a City Council Work Session, for Wednesday, September 16, 2020, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 NON-AGENDA SPEAKERS Anita White, 2111 Redgate Drive, was not present when called. Darrell Reese, 315 West Constance Road, was not present when called. Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden-Eclipse-Hobson Heritage Civic League, opined about the inclusion of Eclipse in the northern growth area in the Comprehensive Plan NEW BUSINESS City Clerk Dawley presented the following board and commission nominations to the respective bodies: Community Policy and Management Team (Parent Representative) – Mary Bess; Economic Development Authority of the City of Suffolk (Holy Neck) – Chris Rice; and Fine Arts Commission – Mark Wall. Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: the City’s affirmation of its AAA status by all three rating agencies; the Finance Department’s receipt of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association; the announcement of the Suffolk Seaboard Coastline Trail Phase II Construction; the Suffolk Parks and Recreation Department’s limited full day camp hours and locations; the creation of Suffolk National Night In and the City’s observance of the Labor Day holiday. Council Member Goldberg congratulated City Administration on the City’s affirmation of its AAA status by all three rating agencies. 7 City Council Regular Meeting September 2, 2020 Council Member Fawcett thanked Public Works and Public Utilities Departments for their assistance with constituent issues. Council Member Fawcett congratulated City Administration on the City’s affirmation of its AAA status by all three rating agencies. Council Member Fawcett acknowledged the Finance Department’s receipt of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Council Member Fawcett opined about the Suffolk Fire Department. Council Member Milteer opined about the lack of broadband in the Whaleyville Borough. Council Member Duman thanked City Administration for the compensation and benefits strategy presentation during today’s Work Session. Council Member Duman congratulated City Administration on the City’s affirmation of its AAA status by all three rating agencies. Council Member Ward thanked to City Administration for the compensation and benefits strategy presentation during today’s Work Session. Council Member Ward announced he attended a community meeting in Pughsville. Council Member Ward congratulated City Administration on the City’s affirmation of its AAA status by all three rating agencies. Council Member Johnson acknowledged the Finance Department’s receipt of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Council Member Johnson congratulated City Administration on the City’s affirmation of its AAA status by all three rating agencies. Council Member Johnson thanked the Suffolk Fire and Rescue Department’s for its collaboration with the City of Chesapeake’s Fire and Rescue Department on the automated aid program. Vice Mayor Bennett congratulated City Administration on the City’s affirmation of its AAA status by all three rating agencies. Vice Mayor Bennett thanked City Administration for the compensation and benefits strategy presentation during today’s Work Session. Vice Mayor Bennett opined about the efforts of the Suffolk Police and Suffolk Fire and Rescue Department’s. Vice Mayor Bennett opined about the announcement of the Suffolk Seaboard Coastline Trail Phase II Construction and possible parking options. 8 City Council Regular Meeting September 2, 2020 Mayor Johnson thanked City Administration for the compensation and benefits strategy presentation during today’s Work Session. Mayor Johnson opined about the City’s affirmation of its AAA status by all three rating agencies. Mayor Johnson thanked the Suffolk Fire and Rescue Department’s for its collaboration with the City of Chesapeake’s Fire and Rescue Department on the mutual aid program. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 7:57 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk APPROVED: FEBRUARY 3, 2021 9