City Council Meeting Agendas

City Council Regular Meeting July 7, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 7, 2021, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Bennett Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None 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. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of July 7, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Goldberg, on a motion seconded by Council Member Williams, 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, Johnson, Ward and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JULY 7, 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the minutes from the January 4, 2021, Special Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 1 City Council Regular Meeting July 7, 2021 SPECIAL PRESENTATIONS Special Presentation – A proclamation in recognition of Parks and Recreation Month Mayor Duman presented the above referenced proclamation to Parks and Recreation Director Mark Furlo. 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 Williams, on a motion seconded by Council Member Fawcett, 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, Johnson, Ward and Williams 8 NAYS: None 0 AGENDA SPEAKERS Pamela Brandy, 5016 Pearl Street, Chesapeake, Virginia, was not present when called. Carolyn White, 4216 Coltrane Avenue, was not present when called. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to authorize the transfer of State funds from the Portsmouth Boulevard Sidewalk Phase II Project to the Portsmouth Boulevard Sidewalk Phase I and Phase III Projects Consent Agenda Item #8 – An ordinance to authorize the transfer of funds from the Transit Fund to the Capital Projects Fund to advance the Transit Operations Facility Capital Project Consent Agenda Item #9 – An ordinance to accept and appropriate additional funds from the Federal Transit Administration for the City’s public transit service Referring to Consent Agenda Items #7 through #9, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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, Johnson, Ward and Williams 8 NAYS: None 0 2 City Council Regular Meeting July 7, 2021 PUBLIC HEARINGS Public Hearing – An ordinance to authorize a quitclaim deed between the City of Suffolk and Birdco Energy Incorporated in reference to an abandoned water distribution system public utility easement located on Tax Map & Parcel 34G29(A)*1*2+ Utilizing a PowerPoint presentation, Interim Public Utilities Director Paul Retel offered a presentation of the background information as printed in the official agenda. Witt Harper, no address provided, Saunders and Ojeda, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the proposed ordinance. Council Member Williams queried about the process used by residents to obtain a quick claim deed, when they have maintained City owned parcels. City Manager Moor deferred to City Attorney Hutchings, who explained that the quit claim process for City owned land depends on the type of property. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the proposed ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK AND BIRDCO ENERGY INCORPORATED IN REFERENCE TO AN ABANDONED WATER DISTRIBUTION SYSTEM PUBLIC UTILITY EASEMENT LOCATED ON TAX MAP & PARCEL 34G29(A)*1*2+ ORDINANCES Ordinance – An ordinance approving a reclassification in the Fiscal Year 2021-2022 City Classification and Compensation Plan Utilizing a PowerPoint presentation, City Manager Moor supplied a summation of the background information as printed in the official agenda. Vice Mayor Bennett, 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, Johnson, Ward and Williams 8 NAYS: None 0 3 City Council Regular Meeting July 7, 2021 AN ORDINANCE APPROVING A RECLASSIFICATION IN THE FISCAL YEAR 2021-2022 CITY CLASSIFICATION AND COMPENSATION PLAN RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a public hearing on July 21, 2021, regarding an amendment to the Fiscal Year 2021-2022 Operating and Capital Budget to accept and appropriate American Rescue Plan Act (ARPA) funding Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a public hearing on July 21, 2021, regarding an amendment to the Fiscal Year 2021-2022 Operating and Capital Budget to accept and appropriate American Rescue Plan Act (ARPA) funding, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule a public hearing for the August 18, 2021 City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2021 Council Member Goldberg, on a motion seconded by Council Member Ward, moved to schedule a public hearing for the August 18, 2021 City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2021, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule a public hearing to be held on July 21, 2021, to receive public comment on ordinances to enter into new ground lease agreements for the .67 acre Corporate Hangar 2 Parcel, the .49 acre Corporate Hangar 3 Parcel and the .25 acre Corporate Hangar 4 Parcel at the Suffolk Executive Airport 4 City Council Regular Meeting July 7, 2021 Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a public hearing to be held on July 21, 2021, to receive public comment on ordinances to enter into new ground lease agreements for the .67 acre Corporate Hangar 2 Parcel, the .49 acre Corporate Hangar 3 Parcel and the .25 acre Corporate Hangar 4 Parcel at the Suffolk Executive Airport, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule a public hearing to be held on July 21, 2021, to receive public comment on changes to the transit routes per the Transit Master Plan Council Member Williams, on a motion seconded by Vice Mayor Bennett, moved to schedule a public hearing to be held on July 21, 2021, to receive public comment on changes to the transit routes per the Transit Master Plan, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to cancel the August 4, 2021, City Council Meeting Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to cancel the August 4, 2021, City Council Meeting, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule a City Council Work Session, for Wednesday, July 21, 2021, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to schedule a City Council Work Session, for Wednesday, July 21, 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, Johnson, Ward and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Pamela Brandy, 5016 Pearl Street, Chesapeake, Virginia, was not present when called. Carolyn White, 4216 Coltrane Avenue, representing the Pughsville Civic League, opined about infrastructural needs in Pughsville. Wayne White, 4216 Coltrane Avenue, representing the Pughsville Civic League, opined about infrastructural needs in Pughsville. 5 City Council Regular Meeting July 7, 2021 Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden Eclipse Hobson Heritage Civic League, opined about funding for community revitalization. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations to the respective bodies: Paul D. Camp Community College Board – Marcus Gersbach and Sister Cities Commission – Deborah Harris Austin and Susan Blair. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Council Member Butler Barlow, on a motion seconded by Council Member Johnson, moved to direct the City Manager and staff review and provide recommendations regarding amendment to Section 31- 612(c)(3) and (f)(8) of the Unified Development Ordinance. Council Member Goldberg asked for an explanation of the motion. Council Member Butler Barlow advised that the section addresses construction standards on private streets with two or more access points and serve 25 or more homes. She further explained that this motion intends to address public safety access in cul-de-sacs with only one access point. Members of City Council opined about the proposed motion. Vice Mayor Bennett asked whether the City is reviewing the Unified Development Ordinance. City Manager Moor reported that a review would be conducted later in the year. Mayor Duman asked whether a pending land use application would be held to newly adopted standards or if it would be grandfathered in. City Attorney Hutchings advised that the answer would be dependent upon where the application is in the process and the will of City Council. Mayor Duman solicited a report on the process for amending the Unified Development Ordinance. City Attorney Hutchings said that the Planning Commission generally reviews proposed amendments to the Unified Development Ordinance before the measure is considered by City Council. Mayor Duman asked for clarification about whether the motion would need amendment to send the matter to the Planning Commission. City Attorney Hutchings replied that it would depend on the intent of the motion. He explained that if the intent is to get information, then the motion can remain the same. He concluded, if the maker of the motion is requesting an amendment to the Unified Development Ordinance, then an amended motion to send the issue to the Planning Commission would be needed. 6 City Council Regular Meeting July 7, 2021 Council Member Butler Barlow, on an amended motion seconded by Council Member Johnson, moved to request that the Planning Commission to review and provide recommendations regarding amendment to Section 31-612(c)(3) and (f)(8) of the Unified Development Ordinance, by the following roll call vote: AYES: Mayor Duman and Council Members Butler Barlow, Johnson, Ward and Williams 5 NAYS: Vice Mayor Bennett, Council Members Fawcett and Goldberg 3 Council Member Fawcett, on motion seconded by Council Member Ward, moved to direct City Attorney Hutchings to draft an ordinance to amend Section 2-40 of the City Code to provide City Council and the Mayor salary compensations at the amounts provided by the Code of Virginia and to allow City Council Members and the Mayor to opt in or opt out of the health insurance provided to City employees, by the following roll call vote: AYES: Mayor Duman, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 7 NAYS: Vice Mayor Bennett 1 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: the Suffolk Fire and Rescue Department’s Emergency Services Division’s receipt of an honor from Tidewater Emergency Medical Services; smoke testing by the sewer lines; the Commissioner of the Revenue’s Car Tax Reduction Drive-Thru; the availability of free mosquito dunks and the State’s vaccine website and telephone number. Council Member Williams announced he attended the investiture for Judge Helivi Holland. Council Member Ward announced he attended the investiture for Judge Helivi Holland. Council Member Ward acknowledged he attended a celebration in honor of Sylvia Copeland Murphy at Oak Grove Baptist Church. Council Member Ward reported that he recently attended a town hall hosted by the Greater Oakland/Chuckatuck Civic League. Council Member Butler Barlow opined about the City’s Independence Day Celebration. Council Member Johnson opined about the City’s Independence Day Celebration. Council Member Fawcett opined the presentation at today’s Work Session about the American Rescue Plan Act Funding. Council Member Fawcett opined about the incoming hurricane. Council Member Fawcett congratulations on the Suffolk Fire and Rescue Department’s recent recognition by the Tidewater Emergency Medical Services. 7 City Council Regular Meeting July 7, 2021 Council Member Fawcett acknowledged the members of the Suffolk Fire and Rescue Department participating in the emergency response to the condominium collapse in Surfside, Florida. Council Member Fawcett encouraged residents to participate in the Commissioner of the Revenue’s Car Tax Reduction Drive-Thru. Council Member Fawcett announced he attended the investiture for Judge Helivi Holland. Vice Mayor Bennett reported that he attended an event honoring Sylvia Copeland Murphy at Oak Grove Baptist Church. Vice Mayor Bennett announced he attended the investiture for Judge Helivi Holland. Vice Mayor Bennett opined about the City’s Independence Day Celebration event. Mayor Duman opined the presentation at today’s Work Session about the American Rescue Plan Act Funding. Mayor Duman reported that he attended the following events: an event at Lake Prince Woods hosted by Suffolk Clergy United; the Juneteenth Celebration in Pughsville; a town hall hosted by the Greater Oakland/Chuckatuck Civic League; the investiture for Judge Helivi Holland and the Independence Day Celebration in Eclipse. Mayor Duman encouraged residents to participate in the Commissioner of the Revenue’s Car Tax Reduction Drive-Thru. Mayor Duman congratulated the Nansemond River High School Softball Team on their recent championship. Mayor Duman acknowledged the members of the Suffolk Fire and Rescue Department participating in the emergency response to the condominium collapse in Surfside, Florida. Mayor Duman opined about a recent Letter to the Editor in the Suffolk News-Herald commending the Suffolk Fire and Rescue Department and the Suffolk Police Department. Council Member Fawcett, on a motion seconded by Council Member Ward, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 8 City Council Regular Meeting July 7, 2021 There being no further business to come before City Council, the regular meeting was adjourned at 7:47 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: JANUARY 5, 2022 9