City Council Meeting Agendas

City Council Regular Meeting May 5, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 5, 2021, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., Interim City Attorney Albert S. Moor, Interim City Manager ABSENT Council Member Timothy J. Johnson (excused) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Goldberg offered the Invocation and led the Pledge of Allegiance. Mayor Duman announced Council Member Johnson was excused. City Clerk Dawley called the roll. Council Member Johnson was excused, and the remaining members of City Council were in attendance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of May 5, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to approve the resolution, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MAY 5, 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting May 5, 2021 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Ward, moved to approve the minutes of the November 18, 2020, Regular Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “National Police Week” Mayor Duman presented the above referenced item to Interim Police Chief Alfred Chandler. Special Presentation - A proclamation in recognition of “National Public Service Week” Mayor Duman presented the above referenced item to Interim Public Works Director Robert Lewis, who offered comments and recognized staff in attendance. Special Presentation - COVID-19 Vaccination Update Utilizing a PowerPoint presentation, Dr. Lauren James, Interim Director, Western Tidewater Health District, submitted a report on the above referenced item. Referring to the presentation, Council Member Williams queried about the feasibility of laminating a COVID-19 vaccination card. Dr. James said some of the cards have been destroyed during the lamination process and advised replacements could be obtained from the Virginia Department of Health. Referring to the presentation, Vice Mayor Bennett solicited information about the availability of testing. Dr. James advised that tests can be performed at hospitals and pharmacies in addition to local health departments. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman advised that a motion was in order at this time to adopt the agenda, as presented. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to adopt the agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. 2 City Council Regular Meeting May 5, 2021 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to accept and appropriate a Walmart Community Grant for the Suffolk Sheriff’s Department Consent Agenda Item #8 – An ordinance to authorize the transfer of funds from the Oak Ridge/Colonial Avenue Project, the Pruden Boulevard Drainage Improvements Project, the Nansemond Parkway Phase II Project, and the Public Utilities Pavement Project to the Kenyon Road Connector Project Consent Agenda Item #9 – An ordinance to authorize the transfer of funds from the Public Utilities Pavement Project and the Nondepartmental Capital Contingency Account to the Downtown Drainage Improvement Project and Pitchkettle Road Improvements Project Consent Agenda Item #10 – An ordinance to authorize the transfer of funds from the Rural Drainage Improvements Project to the Pughsville Drainage Improvements Project Referring to Consent Agenda Items #7 through #10, Interim City Manager Moor submitted a review of the background information as printed in the official agenda. Referring to Consent Agenda Item #10, Council Member Fawcett asked about the portion of Pughsville covered by the project. Interim Public Works Director Lewis summarized that the funds will be used to design Phase 2 to enhance drainage down John Street. Referring to Consent Agenda Item #10, Council Member Fawcett solicited information about the City of Chesapeake’s progress on its portion of the project. Interim Public Works Director Lewis reported that the City of Chesapeake has funding for its portion of the project in its Capital Improvement Program. Referring to Consent Agenda Item #10, Council Member Fawcett sought clarification about the sole use of the funding for the design portion of the project. Interim Public Works Director Lewis replied in the affirmative and elaborated that additional funding would be required to move the project forward. Council Member Fawcett moved to approve the Consent Agenda, as presented. The motion failed to receive a second. Referring to Consent Agenda Item #10, Council Member Ward called for information about the timeline for the City of Chesapeake’s portion of the project. Interim Public Works Director Lewis advised that the City of Suffolk is anticipating funding from the City of Chesapeake on July 1, 2021. He added that the City of Suffolk may be able to begin construction in a year. Interim City Manager Moor elaborated that funding for the project is in the second year of the City of Suffolk’s Capital Improvement Program. Referring to Consent Agenda Item #10, Vice Mayor Bennett requested information about any plans to address flooding, as it relates to the new housing being built in the area. Interim Public Works Director Lewis said that stormwater mitigation is the responsibility of the individual property owners when the water is on their property. He added that in the event the water moves to a City street, then its mitigation is the responsibility of the City. 3 City Council Regular Meeting May 5, 2021 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 PUBLIC HEARINGS Public Hearing – A public hearing to receive public comment regarding a resolution to adopt the Fiscal Year 2021-2022 Annual Action Plan for the City of Suffolk Community Development Block Grant Program (CDBG) and the Western Tidewater Home Consortium Home Investment Partnership Grant Program (HOME) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Robert Goumas reported on the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Public Hearing – A public hearing to receive public comment on the Proposed Operating and Capital Budget for Fiscal Year 2021-2022 and related Ordinances Utilizing a PowerPoint presentation, Finance Director Tealen Hansen summarized the background information as printed in the official agenda. She further explained proposed amendments to the proposed budget regarding funding for a position in the Sheriff’s Department and reductions in water and sewer rate increases. Pam King, no address provided, President, Suffolk International Association of Fire Fighters, spoke in support of the public safety step plan for compensation. George Mears, 4304 Ainslie Court South, representing self, spoke in support of a line item budget for the Suffolk Public School System. Miller Cary, 1024 Centerbrooke Lane, representing self, spoke in support of a line item budget for the Suffolk Public School System. Kelly Hengler, 9245 Eclipse Drive, representing the Crittenden-Eclipse-Hobson Heritage Civic League, opined about the need for infrastructural improvements in older communities. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member asked about the impact of the proposed reduction in overtime funding for the Fire and Rescue Department to pay for the additional position requested by the Suffolk Sheriff’s Office. Finance Director Hansen advised that the overtime funding for the Fire and Rescue Department was overestimated. She said that the City has been able to cover overtime expenses for Fire and Rescue Department personnel, should it be needed. 4 City Council Regular Meeting May 5, 2021 Council Member Fawcett made a motion to amend the budget as presented to include an additional position in the Suffolk Sheriff’s Office and reduce the proposed water and sewer rates and approve the remaining items as presented. The motion failed to receive a second. Council Member Williams asked for an explanation about the step plan for the Fire and Rescue Department. Interim City Manager Moor explained that the step plan was from the previous year but was based on out of date data. He said that he is seeking new compensation data so that competitive steps can be offered in any new plan. Council Member Goldberg inquired about the results of the study done in the previous year. Interim City Manager Moor explained that the study was completed, but the data was out of date. Vice Mayor Bennett solicited information about the timeline for the new information. Interim City Manager Moor estimated that the information would be available in the next six months. Council Member Ward asked how a step plan works. Interim City Manager Moor answered that employees move up to different steps of the pay scale with time in service. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to amend the proposed Operating and Capital Budget for Fiscal Year 2021-2022 as follows: decrease the overtime line item for the Suffolk Fire and Rescue Department in the amount of $60,535 to fund an additional Deputy Sheriff II position in the Suffolk Sherriff’s Office and to reduce the proposed water rate from $10.41 to 10.31 ccf per month and sewer collection rate from $7.31 to $7.27 ccf per month, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 ORDINANCES Ordinance – An ordinance to amend Chapter 38, Article V, Section 38-143 of the Code of the City of Suffolk Concerning Submission of Fireworks Display Applications to the Department of Parks and Recreation Interim City Manager Moor provided a summation of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE TO AMEND CHAPTER 38, ARTICLE V, SECTION 38-143 OF THE CODE OF THE CITY OF SUFFOLK CONCERNING SUBMISSION OF FIREWORKS DISPLAY APPLICATIONS TO THE DEPARTMENT OF PARKS AND RECREATION 5 City Council Regular Meeting May 5, 2021 Ordinance – An ordinance to amend multiple sections of Chapter 6, “Amusements and Entertainment”, of the Code of the City of Suffolk Interim City Manager Moor gave a synopsis 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 ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE TO AMEND MULTIPLE SECTIONS OF CHAPTER 6, “AMUSEMENTS AND ENTERTAINMENT”, OF THE CODE OF THE CITY OF SUFFOLK Ordinance – An ordinance to repeal Chapter 86, Article VII of the Code of the City of Suffolk to align with the amendments to Chapter 6 of the Code of the City of Suffolk Interim City Manager Moor offered a summary of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE TO REPEAL CHAPTER 86, ARTICLE VII OF THE CODE OF THE CITY OF SUFFOLK TO ALIGN WITH THE AMENDMENTS TO CHAPTER 6 OF THE CODE OF THE CITY OF SUFFOLK 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 May 5, 2021 MOTIONS Motion - A motion to schedule a City Council Special Meeting, for Monday, May 10, 2021, at 10:00 a.m., to consider candidates for the City Manager position Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to schedule City Council Special Meeting, for Monday, May 10, 2021, at 10:00 a.m., to consider candidates for the City Manager position, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a City Council Work Session, for Wednesday, May 19, 2021, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to schedule a City Council Work Session, for Wednesday, May 19, 2021, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 NON-AGENDA SPEAKERS Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden-Eclipse-Hobson Heritage Civic League, opined about the Kings Highway Bridge. George Mears, 4304 Ainslie Court South, opined about the performance of the City Council. Troy Jean, 6625 Crittenden Road, representing self, opined about the Nansemond Indian Nation, taxes on internet sales, the Kings Highway Bridge, solar field buffers and growth around rivers. Miller Cary, 1024 Centerbrooke Lane, representing self, spoke about the budget for Suffolk Public Schools. NEW BUSINESS City Clerk Dawley presented the following nomination to the Economic Development Authority of the City of Suffolk at large position – B.J. Willie. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to nominate and appoint the above referenced individual to the aforementioned body, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 7 City Council Regular Meeting May 5, 2021 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: the ribbon cutting for Amedeo’s Ristorante; the upcoming State of the City address; observance of Virginia Public Service Week; Virginia Summer Burn Ban regulations; and the State’s vaccination website. Council Member Williams thanked those who supported his food drive. Council Member Williams expressed his condolences to the family of the late David Baker. Council Member Williams asked City Administration to contact a constituent on Little Fork Road about safety signage. Council Member Goldberg thanked the Public Works Department for extra refuse collection around the City. Council Member Goldberg reported on the new business, GROWF Herbal Bar + Shop. Council Member Goldberg acknowledged the Nansemond Indian Nation for their presentation at today’s Work Session. Council Member Ward opined about drainage issues in Pughsville and thanked City Administration for addressing the matter on John Street. Council Member Ward opined about the operations at the Social Security Administration and Department of Motor Vehicles local offices. Council Member Ward extended condolences to the family of the late David Baker. Council Member Butler Barlow congratulated the Nansemond Indian Nation on gaining federal recognition. Council Member Butler Barlow talked about the impact of construction projects on existing residents. Council Member Fawcett reported he attended the grand opening of Amedeo’s Ristorante. Council Member Fawcett spoke about the observances of National Police Week and National Public Service Week. Council Member Fawcett commented on the additional Sheriff Deputy II position added to the proposed budget. Council Member Fawcett offered remarks about the Nansemond Indian Nation. Council Member Fawcett opined about the upcoming Suffolk State of the City address. Vice Mayor Bennett extended his condolences to the family of the late David Baker. 8 City Council Regular Meeting May 5, 2021 Vice Mayor Bennett reported that he attended the National Day of Prayer Breakfast. Vice Mayor Bennett talked about the increase in Spectrum’s rates. Mayor Duman extended his condolences to the family of the late David Baker. Mayor Duman reported he attended meetings of the North Suffolk Rotary and a local Boy Scout Troop. Mayor Duman discussed earmarks submitted by the City to its federal representatives. Mayor Duman opined about the City’s third quarter revenue projections. Mayor Duman opined about a citizen’s satisfaction survey he received from the Suffolk Police Department. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:35 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: NOVEMBER 3, 2021 9