City Council Meeting Agendas

City Council Regular Meeting November 17, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 17, 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 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 Boy Scout Troop 16 from Driver led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of November 17, 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 17 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 17, 2021 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the May 19, 2021, Work Session and Regular 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 – A presentation to provide an update on Hampton Roads Utility Billing Service Utility Bill Pandemic Relief Programs Utilizing a video presentation, Interim Public Utilities Director Paul Retel provided an overview of the above referenced item. Referring to the presentation, Mayor Duman asked about the method of notifying impacted customers of available relief. Interim Public Utilities Director Retel advised that customer service representatives will identify impacted customers and apply the appropriate assistance. 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, Johnson, Ward and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no items 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 State and Local Fiscal Recovery Funds through the American Recovery Plan Act to assist with utility customer relief Consent Agenda Item #8 - An ordinance to accept and appropriate Community Flood Preparedness funds from the Virginia Department of Conservation and Recreation 2 City Council Regular Meeting November 17, 2021 Consent Agenda Item #9 - An ordinance to accept and appropriate a Justice Assistance Grant from the United States Department of Justice in support of the Suffolk Police Department and Office of the Commonwealth’s Attorney Consent Agenda Item #10 - An ordinance to appropriate funds from the Cemetery Fund Restricted Fund Balance for maintenance and improvements at Holly Lawn Cemetery Consent Agenda Item #11 - An ordinance to amend Sec. 66-337 of the Code of the City of Suffolk, pertaining to residency requirements Referring to Consent Agenda Items #7 through #11, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett moved to approve the Consent Agenda, as presented. The motion failed to receive a second. Referring to the motion, Vice Mayor Bennett asked for Consent Agenda Item #11 to be voted on separately. Mayor Duman asked City Attorney Hutchings for guidance on the legality of this request. City Attorney Hutchings advised that City Council can amend City Council’s Rules of Order and Procedure by a vote of 2/3 of City Council. Vice Mayor Bennett, on a motion seconded by Council Member Butler Barlow, moved to amend City Council’s Rules of Order and Procedure to allow for a separate vote on Consent Agenda Item #11, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Member Butler Barlow 3 NAYS: Council Members Fawcett, Goldberg, Johnson, Ward and Williams 5 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the Consent Agenda, as presented, 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 PUBLIC HEARINGS Public Hearing - 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 Utilizing a PowerPoint presentation, Public Works Director Robert Lewis provided a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 3 City Council Regular Meeting November 17, 2021 Council Member Goldberg, on a motion seconded by Council Member Williams, moved to approve the ordinance, 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 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 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions, for property located at 117, 118, and 119 C Street, Zoning Map 36A, Parcels 188, 189*190, 202A*1, and 202B*1, Account Numbers 301309000, 302017000, 300611100, and 300611050; RZN2020-002 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Robert Goumas provided a synopsis of the background information as printed in the official agenda. Grier Ferguson, 332 West Constance Road, representing Bob Arnette, Moore’s Point, LLC, applicant, spoke in support of the ordinance as presented. Corey Anop, resident of Prospect Road, representing self, opposed the ordinance as presented. Bart Stephens, 428 Waterwheel Crescent, opposed the ordinance as presented. Grier Ferguson, 332 West Constance Road, representing Bob Arnette, Moore’s Point, LLC, applicant, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett inquired about the number of accidents that have occurred near the parcel under consideration. Public Works Director Lewis advised that he did not have specifics at this time but recalled the City’s traffic review showed no concerns. Council Member Fawcett moved to approve the ordinance, with proffers, as presented. The motion failed to receive a second. Council Member Johnson asked whether holding ponds are included in the project. Interim Planning and Community Development Director Goumas replied in the affirmative. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with proffers, as presented Vice Mayor Bennett asked about flooding on C Street where the parcel under consideration is located. Interim Planning and Community Development Director Goumas advised that the applicants still have to meet regulations during the site plan process. He concluded that staff annually re-inspects stormwater management facilities. 4 City Council Regular Meeting November 17, 2021 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with proffers, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS, FOR PROPERTY LOCATED AT 117, 118, AND 119 C STREET, ZONING MAP 36A, PARCELS 188, 189*190, 202A*1, AND 202B*1, ACCOUNT NUMBERS 301309000, 302017000, 300611100, AND 300611050; RZN2020-002 (CONDITIONAL) Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from M-2, Heavy Industrial zoning district, to B-2, General Commercial zoning district, for property located at 5045 Nansemond Parkway, Zoning Map 20, Parcel 22J, Account Number 306003953; RZN2021-012 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas provided a synopsis of the background information as printed in the official agenda. Brian Layne, 7021 Harbourview Boulevard, Parrish-Layne Design Group, representing Wendy Fulton, TKC CCLXII, LLC, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the ordinances, with conditions, as presented, 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 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM M-2, HEAVY INDUSTRIAL ZONING DISTRICT, TO B-2, GENERAL COMMERCIAL ZONING DISTRICT, FOR PROPERTY LOCATED AT 5045 NANSEMOND PARKWAY, ZONING MAP 20, PARCEL 22J, ACCOUNT NUMBER 306003953; RZN2021-012 (CONDITIONAL) Public Hearing – An ordinance to rezone the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low-Medium Density zoning district, to RU, Residential Urban zoning district, for property located on Prospect Road, Zoning Map 35, Parcel 92, Account Number 300951000; RZN2021-013 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas provided a synopsis of the background information as printed in the official agenda. Grier Ferguson, 332 West Constance Road, representing Bob Arnette, Moore’s Point, LLC, applicant, spoke in support of the ordinance as presented. 5 City Council Regular Meeting November 17, 2021 The following individuals spoke in opposition to the proposed ordinance, as presented: Corey Anop, 200 Prospect Road, representing self. Michelle Worrell, Portsmouth Boulevard, representing self. George Smith, 223 Prospect Road, representing self. Deborah Hicks Worrell, Portsmouth Boulevard, representing self. Corey Anop, attempted to read letter from Willie Mae Mayfield regarding the matter. Mayor Duman ruled Mr. Anop out of order. Sandy Wiggins, 1114 Portsmouth Boulevard, representing self. Tyrone Crawley, 1080 Portsmouth Boulevard, representing self. Grier Ferguson, 332 West Constance Road, representing Bob Arnette, Moore’s Point, LLC, applicant, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg moved to approve the ordinance with proffered conditions. The motion failed to receive a second. Referring to presentation, Council Member Ward inquired about the applicant’s attempts to reach out to the community adjacent to the parcel under consideration Mr. Ferguson advised that the applicant attempted to contact as many members of the community as possible. Referring to the presentation, Council Member Fawcett solicited information about the impact of the project on traffic. Public Works Director Lewis advised that the project should make the area safer with the addition of turn lanes. Referring to the presentation, Council Member Fawcett, inquired about the area of the road to be paved. Public Works Director Lewis advised he would have to check that information. Referring to the presentation, Council Member Johnson asked whether there is much property already zoned Residential Urban in the area. Interim Planning and Community Development Director Goumas advised that the land behind the property in question is zoned Residential Urban. Referring to the presentation, Council Member Johnson requested information about the impact of building houses by-right on the need for a stormwater retention pond. Interim Planning and Community Development Director Goumas advised that nine homes could be built by-right without having to build a retention pond. He concluded that the current application for six more homes than the allowable number by-right necessitates the addition of a retention pond. 6 City Council Regular Meeting November 17, 2021 Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions. Referring to the presentation, Vice Mayor Bennett asked about the construction standards of Prospect Road. Public Works Director Lewis said Prospect Road is an existing street built under former standards of the Virginia Department of Transportation. He added that the developer is offering to make improvements, but the upgrades will not bring the roadway up to current standards. Referring to the presentation, Council Member Williams requested information on traffic signals. Public Works Director Lewis explained the standards are federal guidelines, with a variety of factors. He did not anticipate that the project would meet established conditions to warrant a traffic signal. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, and Council Members Butler Barlow, Fawcett, Goldberg, and Williams 5 NAYS: Vice Mayor Bennett and Council Members Johnson and Ward 3 AN ORDINANCE TO REZONE THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM RLM, RESIDENTIAL LOW-MEDIUM DENSITY ZONING DISTRICT, TO RU, RESIDENTIAL URBAN ZONING DISTRICT, FOR PROPERTY LOCATED ON PROSPECT ROAD, ZONING MAP 35, PARCEL 92, ACCOUNT NUMBER 300951000; RZN2021-013 (CONDITIONAL) ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution – A resolution to approve the City’s participation in the proposed settlement of opioid- related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen and their related corporate entities, and directing the City Manager to execute the documents necessary to effectuate the City's participation in the settlement City Manager Moor offered a summary on the background information presented in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve the resolution, as presented, 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 7 City Council Regular Meeting November 17, 2021 A RESOLUTION TO APPROVE THE CITY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST MCKESSON, CARDINAL HEALTH, AMERISOURCEBERGEN, JANSSEN AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE CITY'S PARTICIPATION IN THE SETTLEMENT Resolution – A resolution to approve the City of Suffolk's participation in the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding ("MOU"), and directing the City Manager to execute the documents necessary to effectuate the City's participation in the MOU City Manager Moor offered a summary on the background information presented in the official agenda. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented, 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 A RESOLUTION TO APPROVE THE CITY OF SUFFOLK'S PARTICIPATION IN THE VIRGINIA OPIOID ABATEMENT FUND AND SETTLEMENT ALLOCATION MEMORANDUM OF UNDERSTANDING ("MOU"), AND DIRECTING THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE CITY'S PARTICIPATION IN THE MOU STAFF REPORTS Staff Report – 2022 Legislative Agenda Utilizing a PowerPoint presentation, Mindy Carlin, Co-founder and Owner, and Emily Reynolds, Vice President, Access Point Public Affairs presented the City’s 2022 Legislative Agenda. Referring to the presentation, Council Member Williams asked for the definition of the BPOL tax. Ms. Carlin said it is “Business Personal, Occupancy, and License” tax based on gross revenue that businesses pay and is one of the few taxes that localities control. Referring to the presentation, Council Member Fawcett asked about Access Point Public Affairs’ qualifications to act at the City’s legislative consultants. Ms. Reynolds explained that she has previous experience as the Hampton Roads Chamber of Commerce Government Affairs Executive Director and as a Legislative Assistant to a State Senator. Ms. Reynolds concluded that Suffolk is the company’s first municipal government client. Ms. Carlin reported her company represented the City of Norfolk on the gaming issue and a number of private businesses and associations. Referring to the presentation, Council Member Ward requested information about the African American cemetery item in the proposed legislative agenda. Ms. Reynolds explained that the City of Newport News requested mutual support from surrounding localities on the item. 8 City Council Regular Meeting November 17, 2021 Staff Report – Employee Leave Balance and Policy Overview Utilizing a PowerPoint presentation, Human Resources Director Robin Wynn submitted a review on the above referenced item. Referring to the presentation, Council Member Goldberg solicited additional information about the consideration of converting excess annual leave to recognition leave so that it is non-compensable upon separation of service. City Manager Moor explained that the City Code has a cap on annual leave accumulation, so staff would like to examine the conversation as a possible option. Referring to the presentation, Council Member Johnson asked about the feasibility of examining the leave issue with the ongoing compensation study underway and the payment of overtime. Human Resources Director Wynn said that those who work overtime are paid for it. City Manager Moor added that the cap on leave could be brought forward with the compensation plan. Referring to the presentation, Mayor Duman requested clarification about recognition leave. Human Resources Director Wynn said recognition leave is a regular day off. Referring to the presentation, Council Member Goldberg inquired about the leave categorization. Human Resources Director Wynn explained that any hours in excess of the maximum permitted leave accumulation would be converted to recognition leave, which are related to the type of employee leave plan and years of service. MOTIONS Motion – A motion to schedule a Public Hearing for December 1, 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 Turlington Road over Kilby Creek Rehabilitation Project Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to schedule a public hearing for December 1, 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 Turlington Road over Kilby Creek Rehabilitation 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 9 City Council Regular Meeting November 17, 2021 Motion – A motion to schedule a Public Hearing for December 1, 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 Longstreet Lane Over Somerton Creek Bridge Replacement Project Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a public hearing for December 1, 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 Longstreet Lane Over Somerton Creek Bridge Replacement 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 joint meeting of City Council and the School Board, for Wednesday, December 1, 2021, at 4 p.m., unless cancelled Vice Mayor Bennett, on a motion seconded by Council Member Butler Barlow, a joint meeting of City Council and the School Board, for Wednesday, December 1, 2021, at 4 p.m., unless cancelled Council Member Fawcett made a substitute motion to schedule the joint meeting with the City Council and School Board for the first meeting in January. The motion did not receive a second. Vice Mayor Bennett, on a motion seconded by Council Member Butler Barlow, a joint meeting of City Council and the School Board, for Wednesday, December 1, 2021, at 4 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow, Goldberg, Johnson, Ward and Williams 7 NAYS: Council Member Fawcett 1 NON-AGENDA SPEAKERS Johnnie Edwards, 1913 Airport Road, representing self, was not present when called. Garet Watters, 105 Babbtown Road, representing self, opined about coronavirus. NEW BUSINESS City Clerk Dawley presented the following item: a motion to recommend S. Rossen Greene for consideration by the Office of the Governor for appointment to the Southeastern Public Service Authority Board of Directors. 10 City Council Regular Meeting November 17, 2021 Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to recommend S. Rossen Greene for consideration by the Office of the Governor for appointment to the Southeastern Public Service Authority Board of Directors, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Diana Klink provided a report on the following: Carolina Road Bridge replacement project schedule; Pughsville Area Drainage Improvements Phase II open forum; the Division of Budget and Strategic Planning’s award of the Certificate of Recognition for Budget Preparation from the Government Finance Officers Association; the Virtual Grand Illumination; the City’s Thanksgiving holiday operating schedule; the Festival of Lights at Sleepy Hole Park; Suffolk Holiday Parade; and the Commonwealth’s coronavirus vaccination finder website and customer service number. Council Member Williams thanked City Administration for the installation of stop signs Council Member Williams opined about the need for increased traffic enforcement. Council Member Goldberg asked the City to explore connecting the City’s transit operations into Franklin, Windsor and Isle of Wight. Council Member Ward offered congratulations to Northern Shores Elementary School on being named a Blue Ribbon School and opined about repairs and upgrades at the school. Council Member Ward opined the concerns of Saratoga residents and various food distribution operations in the Chorey Park and Oakland communities. Council Member Butler Barlow reported she attended the Greater Oakland Chuckatuck Civic League meeting. Council Member Butler Barlow opined about the food distribution operation in the Chorey Park. Council Member Fawcett thanked City Council for its support upon the passing of his sister. Vice Mayor Bennett advised he attended the food pantry opening at Chorey Park. Vice Mayor Bennett opined about the coronavirus. Mayor Duman reported he attended the Suffolk Fire and Rescue Awards Ceremony. Mayor Duman announced he attended the Take your Legislator to School Day event. Mayor Duman opined about the Suffolk Sister Cities Annual Meeting. 11 City Council Regular Meeting November 17, 2021 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 There being no further business to come before City Council, the regular meeting was adjourned at 9:06 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: MAY 18, 2022 12