City Council Meeting Agendas

City Council Regular Meeting November 3, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 3, 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 November 3, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Williams, 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, Johnson, Ward and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF NOVEMBER 3, 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 3, 2021 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve the minutes from the May 5, 2021, Work Session and Regular Meeting, and May 10, 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 SPECIAL PRESENTATIONS Special Presentation – COVID – 19 Update Utilizing a PowerPoint presentation, Dr. Billie Blair-Taylor, Interim Director, Western Tidewater Health Department, presented an overview of the above referenced item. Council Member Goldberg inquired whether it is possible to get other vaccinations with the coronavirus booster. Dr. Blair-Taylor replied in the affirmative. Special Presentation – 2021 Winter Holiday Events Utilizing a PowerPoint presentation, Tourism Coordinator Theresa Earles submitted a summary of the above referenced item. 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, 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 There were no speakers under this portion of the agenda. CONSENT AGENDA There were no items under this portion of the agenda. 2 City Council Regular Meeting November 3, 2021 PUBLIC HEARINGS Public Hearing – An ordinance authorizing the acquisition of real property in fee simple and/or permanent and temporary easements, either by agreement or condemnation, for the Nansemond Parkway/Bennetts Pasture Road Intersection Improvements Project Utilizing a PowerPoint presentation, Public Works Director Robert Lewis offered a presentation of the background information as printed in the official agenda. John Lassiter, 3400 Nansemond Parkway, representing self, spoke in support of the proposed ordinance. Anita Hicks, 3432 Nansemond Parkway, representing self, spoke in opposition of the proposed ordinance. John Graff, 1008 Bennetts Pasture Road, representing self, opined about the proposed ordinance. Vincent Murdock, no address given, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett asked about any measures to prevent traffic from cutting through the neighborhood across from the athletic fields at Nansemond River High School. Public Works Director Lewis advised that the neighborhood street could be marked a “No Through Street” if it was City Council’s desire. He also explained that the option may pose issues with enforceability. Referring to the presentation, Council Member Ward inquired about the location of the new traffic light. Public Works Director Lewis replied that the signal would be at the intersection Sleepy Hole Road and Nansemond Parkway. Referring to the presentation, Council Member Ward asked about any measures to address the traffic safety concerns of surrounding residents. Public Works Director Lewis said that this project is an incremental change but not the ultimate resolution for traffic flow in the area. Referring to the presentation, Council Member Ward solicited information on a timeline for a future four-lane Nansemond Parkway. Public Works Director Lewis advised there was no timeline for a project or funding. Referring to the presentation, Council Member Goldberg requested information about the number of cars that could fit on the stacking lane from Nansemond Parkway to Bennetts Pasture Road. Public Works Director Lewis estimated that ten vehicles might fit in the stacking lane. Referring to the presentation, Vice Mayor Bennett asked how many cars could stack up in the proposed safety zones on the street. Public Works Director Lewis advised that every home on Nansemond Parkway would not have a turn lane or safety zone in front of their driveway, so he is unable to estimate the number for each turning area. 3 City Council Regular Meeting November 3, 2021 Referring to the presentation, Vice Mayor Bennett solicited information about the feasibility of installing another traffic signal at Sleepy Hole Road and Nansemond Parkway. Public Works Director Lewis said that the signals would be too close together to be effective. Referring to the presentation, Vice Mayor Bennett inquired about potential adverse impacts of the proposed stormwater management pond on future expansion of Nansemond River High School. Public Works Director Lewis surmised that the proposed stormwater management pond may actually assist any future expansion of the school and mitigate stormwater issues. Referring to the presentation, Council Member Johnson requested clarification about the reasoning for the proposed project. Public Works Director Lewis advised the primary reason for the project is traffic safety on Nansemond Parkway. Referring to the presentation, Council Member Johnson asked if there is another option for the route. Public Works Director Lewis said there is not, and the City would probably lose funding from the Virginia Department of Transportation if this project did not move forward. Referring to the presentation, Council Member Fawcett repeated Council Member Johnson’s question about available routes. Public Works Director Lewis reiterated there is no alternate route with the allocated funding. Referring to the presentation, Council Member Fawcett asked Public Works Director Lewis to repeat his earlier explanation about marked safety zones on Nansemond Parkway. Public Work Director Lewis restated his previous account regarding safety zones and turning lanes. Referring to the presentation, Council Member Ward solicited information about the deadline the City has to use the funding for the project. Public Works Director Lewis reported that the Virginia Department of Transporation is already asking whether the City plans to use or return the allotted funds. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the proposed ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, and Council Members Butler Barlow, Fawcett, Goldberg and Johnson 5 NAYS: Vice Mayor Bennett and Council Members Ward and Williams 3 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE NANSEMOND PARKWAY/BENNETTS PASTURE ROAD INTERSECTION IMPROVEMENTS PROJECT 4 City Council Regular Meeting November 3, 2021 ORDINANCES 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 Phase 9 of the Nansemond River Estates residential development for property located Sleepy Hole Road, Tax Map 19, Parcel 78A and a portion of Parcels 80, 83*82, and 84, and Tax Map19L, a portion of Parcel OS*2, Account Numbers 304186500, 300540000, 302765000, 302975300, and 306001104; RZN2021-017 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Robert Goumas supplied a report on the background information as printed in the official agenda. Referring to the presentation and the distributed handout, Council Member Fawcett asked whether Exhibit B can be accepted as part of the ordinance. Interim Planning and Community Development Director Goumas summarized that staff is opposed to new proffers #4 and #5 in Exhibit B, because the payment schedule exceeds the construction timeline for the capital program that those payments would fund. Council Member Fawcett summarized that if City Council accepted the proffer, then the applicant is still held to the requirements unless they are changed by City Council. Interim Planning and Community Development Director Goumas reiterated that proffer payments need to be associated with an approved capital project. He reiterated that the proposed proffers would be scheduled to be paid after the associated capital project was completed and closed. Mayor Duman asked City Attorney Hutchings for clarification on the proffers. City Attorney Hutchings explained that the purpose of this proffer is to deal with the impact of traffic. He further explained that the proffers need to be tied to an identified capital project to deal with the traffic. City Attorney Hutchings concluded that proposed proffers would not adequately address the traffic impact and may not be associated with a capital project by the time they are scheduled for payment. Mayor Duman solicited an opinion on the legality of accepting proffer funds once the associated capital project is complete. City Attorney Hutchings advised he did not know about the legality. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to continue consideration of the proposed ordinance to the December 1, 2021, City Council meeting. Comments were exchanged regarding the requirements of proffer payments in relation to impacts and identified capital projects. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to continue consideration of the proposed ordinance to the December 1, 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 5 City Council Regular Meeting November 3, 2021 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Compensation Study Status Report Utilizing a PowerPoint presentation, Human Resources Director Robin Wynn submitted a synopsis of the above referenced topic. Referring to the presentation, Mayor Duman asked whether a benefits analysis will be done at the same time. Human Resources Director Wynn replied in the affirmative. Staff Report – Capital Projects Update Utilizing a PowerPoint presentation, Capital Programs and Buildings Director Gerry Jones provided a report of the above referenced topic. Members of City Council opined about the update. MOTIONS Motion – A motion to schedule a Public Hearing for November 17, 2021, moved to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Shoulders Hill Road Multi- Use Path Project Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a Public Hearing for November 17, 2021, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Shoulders Hill Road Multi-Use Path Project, 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, November 17, 2021, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Ward, moved to schedule a City Council Work Session, for Wednesday, November 17, 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 6 City Council Regular Meeting November 3, 2021 NON-AGENDA SPEAKERS Tushar Mukherjee, 6301 Whaleyville Boulevard, representing self, opined about conditions in Whaleyville. Michele Bolton, 5311 Sports Club Run, representing self, spoke about the Harbor Links development. Jay Hanna, 2400 Sir Lance Drive, Chesapeake, representing Zoe Life Ministries, expressed support for Interim Suffolk Police Chief Alfred Chandler. Garet Watters, 105 Babbtown Road, representing self, talked about current events. Greg Kasmark, 423 Collier Crescent, representing self, offered comments about Suffolk Public Schools. Luke Drylie, 3605 Calverton Way, representing self, opined about the City’s coronavirus vaccination policy. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations to the respective bodies: Historic Landmarks Commission – Brian Shaffer; Human Services Advisory Board – Sandra Olanitori and the Wetlands Board – Sidney Hazelwood and Stella Payne. Council Member Butler Johnson, on a motion seconded by Council Member Williams, moved to nominate and appoint the above referenced individuals to the aforementioned body, 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 Fawcett, on a motion seconded by Council Member Williams, moved that an ordinance be presented to City Council that amends Section 66-337 of the Code of the City of Suffolk to allow covered Council Appointees, Deputies of Council Appointees, and Department Directors up to two years to become residents in the City of Suffolk and to make the two-year time period apply to all covered individuals appointed or hired after January 1, 2021. Referring to the proposed motion, Council Member Goldberg asked about the extension process after one year, should a covered appointee or employee not find a residence in the City. City Attorney Hutchings advised that extensions by the City Manager are allowed for department directors, but the code does not cover appointees or deputies. Referring to the proposed motion, Council Member Johnson inquired about the process for a covered employee if they could not move within a year. City Attorney Hutchings stated that extensions by the City Manager are allowed for department directors, but the code does not cover appointees or deputies. 7 City Council Regular Meeting November 3, 2021 Referring to the proposed motion, Council Member Ward requested clarification about the proposal. Mayor Duman explained the measure would extend the timeframe for covered employees from one year to two years to obtain residency in Suffolk. Mayor Duman asked whether the ordinance would apply to the family, as well as the employee. City Attorney Hutchings explained that the provisions require the employee to make Suffolk the primary residence. Council Member Fawcett, on a motion seconded by Council Member Williams, moved that an ordinance be presented to City Council that amends Section 66-337 of the Code of the City of Suffolk to allow covered Council Appointees, Deputies of Council Appointees, and Department Directors up to two years to become residents in the City of Suffolk and to make the two-year time period apply to all covered individuals appointed or hired after January 1, 2021, was approved by the following 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 Parks and Recreation Department’s receipt of the Distinguished Service Award from the Virginia Parks and Recreation Society; Suffolk Restaurant Week; the end of Daylight Savings Time and reminder to check the batteries in smoke alarms and carbon monoxide detectors; Suffolk Workforce Development Center hiring event; Keep Suffolk Beautiful Recycling Drive and Tire Amnesty event; the City’s observance of Veterans Day; Pughsville Drainage Project Phase II public information forum; and the Virginia Department of Health’s vaccine finder. Council Member Williams reported that residents are concerned about gun violence. Council Member Williams inquired about the feasibility of re-installing cameras on Hunter Street. Council Member Goldberg expressed appreciation to Suffolk Fire Department for their assistance. Council Member Ward acknowledged the remarks by Michele Bolton and asked City Manager Moor for an update on the matter. Council Member Ward opined about the comments by Jay Hanna. Council Member Ward opined about the recent election. Council Member Butler Barlow opined about the 2021 Winter Holiday Events Special Presentation and the Capital Projects Update Staff Report. Council Member Johnson thanked the Lion Club, Holland Ruritan Club and staff for a recent community meeting. Council Member Fawcett opined about the Parks and Recreation Department’s receipt of the Distinguished Service Award from the Virginia Parks and Recreation Society 8 City Council Regular Meeting November 3, 2021 Council Member Fawcett reminded residents to check batteries in smoke and carbon monoxide detectors. Council Member Fawcett opined about the recent election. Council Member Fawcett acknowledged the efforts of the Suffolk Fire and Rescue Department. Vice Mayor Bennett requested signage for Magnolia Gardens and Prospect Road from Portsmouth Boulevard. Vice Mayor Bennett reported speeding in Stratford Terrace and asked for targeted enforcement. Vice Mayor Bennett opined about addressing the extension leave balances beyond the end of the calendar year for public safety employees. City Manager Moor replied that should that be the desire of City Council, he could address this matter. Vice Mayor Bennett reported he attended the Suffolk Foundation Annual Luncheon. Council Member Fawcett called for clarification about the need for a motion to direct City Manager Moor to prepare a report regarding the feasibility of extending leave balances beyond the end of the calendar year for public safety employees. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to direct City Manager Moor to prepare a report regarding the feasibility of extending leave balances beyond the end of the calendar year for public safety employees. Referring to the motion, Mayor Duman queried about the feasibility of paying employees who tested positive for coronavirus thus unable to work. City Manager Moor advised that matter should be addressed separately. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to direct the City Manager to bring back a report about the feasibility extending excess leave for public safety employees beyond the end of the calendar year, 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 Mayor Duman opined the City’s fiscal report for the first quarter. Mayor Duman opined about Spectrum’s installation of broadband with Coronavirus Aid, Relief, and Economic Security Act funding. Mayor Duman reported he went to the Suffolk Foundation Annual Luncheon. Mayor Duman congratulated Debbie Callis on her retirement from Suffolk Sheriff’s office. 9 City Council Regular Meeting November 3, 2021 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, Johnson, Ward and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:38 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: MAY 4, 2022 10