City Council Meeting Agendas

City Council Regular Meeting October 5, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 5, 2022, 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 led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of October 5, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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 OF CERTIFICATION OF THE CLOSED MEETING OF OCTOBER 5, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting October 5, 2022 APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Council Member Williams, moved to approve the minutes from the April 6, 2022, Work Session and Regular Meeting, 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 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “Fire Prevention Week” Mayor Duman presented the above referenced item to Fire Chief Michael Barakey. Special Presentation - A proclamation in recognition of “Cybersecurity Awareness Month” Mayor Duman presented the above referenced item to Information Technology Director Charles Kiriakou. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman said that a motion was in order at this time to adopt the agenda, as presented. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to remove Consent Agenda Item 11 – an ordinance to reappropriate unspent Fiscal Year 2021-2022 funds to the Fiscal Year 2022-2023 School Operating Fund – from the Consent Agenda for a separate vote under the agenda item entitled Ordinances. Referring to the motion, City Clerk Dawley asked if the motion also included adoption of the remainder of the agenda as presented. Council Member Johnson and Council Member Fawcett both replied in the affirmative. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to remove Consent Agenda Item 11 – an ordinance to reappropriate unspent Fiscal Year 2021-2022 funds to the Fiscal Year 2022-2023 School Operating Fund – from the Consent Agenda for a separate vote under the agenda item entitled Ordinances and adopt the remainder of the agenda, 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 2 City Council Regular Meeting October 5, 2022 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to accept and appropriate program income resulting from the repayment of funds associated with the City of Suffolk’s Down Payment Assistance Program Consent Agenda Item #8 – An ordinance to accept and appropriate a Creative Communities Partnership Grant award from the Virginia Commission for the Arts Consent Agenda Item #9 – An ordinance to accept and appropriate a 2022 Port Security Grant from the United States Department of Homeland Security for the Suffolk Police Department Consent Agenda Item #10 – An ordinance to accept and appropriate a Fiscal Year 2022 Patrick Leahy Bulletproof Vest Partnership Grant from the United States Department of Justice for the Suffolk Police Department Consent Agenda Item #12 – An ordinance to accept and appropriate funds from the Virginia Department of Transportation Economic Development Access Road Program Referring to Consent Agenda Items #7 through #10 and #12, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve Consent Agenda Items #7 through #10 and #12, 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 AGENDA SPEAKERS Mayor Duman asked if there were any agenda speakers. City Clerk Dawley advised there were no speakers under this portion of the agenda. PUBLIC HEARINGS Public Hearing – An ordinance granting a license agreement for the non-exclusive right and privilege to occupy and use the streets, alleys and public places of the City of Suffolk for the purposes of constructing, installing, and maintaining facilities for telecommunication services within the corporate limits of the City of Suffolk, Virginia Public Works Director Robert Lewis reviewed the background information provided in the agenda. Hearing no speakers, the public hearing was closed. 3 City Council Regular Meeting October 5, 2022 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance, 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 GRANTING A LICENSE AGREEMENT FOR THE NON-EXCLUSIVE RIGHT AND PRIVILEGE TO OCCUPY AND USE THE STREETS, ALLEYS AND PUBLIC PLACES OF THE CITY OF SUFFOLK FOR THE PURPOSES OF CONSTRUCTING, INSTALLING, AND MAINTAINING FACILITIES FOR TELECOMMUNICATION SERVICES WITHIN THE CORPORATE LIMITS OF THE CITY OF SUFFOLK, VIRGINIA ORDINANCES Consent Agenda Item #11 – An ordinance to reappropriate unspent Fiscal Year 2021-2022 funds to the Fiscal Year 2022-2023 School Operating Fund (This item was removed from the Consent Agenda for a separate vote.) City Manager Moor gave a summary of the background information as printed in the official agenda. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to continue consideration of the proposed ordinance to the November 16, 2022, City Council meeting and that Suffolk Public Schools provide an itemized accounting of funds from Fiscal Year 2021-2022 that were encumbered but not spent as of June 30, 2022, and identify any encumbered funds by contract that are Encumbrance Contracts authorized by School Board Resolution Number 21/22-21. The requested information must be provided to City Council no later than November 2, 2022. Council Member Fawcett requested clarification between encumbered and unencumbered funds. City Attorney Hutchings replied that a State provision exists that requires unencumbered funds be reappropriated, but the term is not clearly defined. He further explained that City provisions require unspent funds to be reappropriated. Vice Mayor Bennett asked for information about the request from Suffolk Public Schools Superintendent John Gordon. Dr. Gordon explained the list of needs for Suffolk Public Schools and advised the delay in spending funds was due to supply chain issues. Referring to Dr. Gordon’s comments, Council Member Ward asked about the timing of the information provided by Suffolk Public Schools. Dr. Gordon replied that he only received the request today and provided the information as soon as possible. Council Member Johnson asked for another explanation of encumbered projects. Ms. Wendy Forsman, Finance Director, Suffolk Public Schools, advised that encumbered projects have a contract with an issued purchase order for goods and services. Council Member Johnson asked whether the funds could be used for other projects. Ms. Forsman advised that the three sinkholes mentioned in the request are emergency repairs, and funding was not included in the Suffolk Public School’s budget request. 4 City Council Regular Meeting October 5, 2022 Council Member Johnson asked whether Suffolk Public Schools could receive funding from the contractors that built the facilities. Ms. Forsman said they could not obtain funding from the contractors for buildings constructed ten to 20 years ago. Council Member Goldberg, on a substitute motion seconded by Council Member Williams, moved to approve the ordinance, as presented. Members of City Council opined about the proposed motions. Council Member Fawcett inquired about the list of needs provided by Suffolk Public Schools. Dr. Gordon said the list was not exhaustive but included expenses for needs over $100,000. Council Member Ward asked whether funding would be used for sinkholes. Ms. Forsman replied in the affirmative. Council Member Goldberg, on a substitute motion seconded by Council Member Williams, moved to approve the ordinance, as presented, by the following vote: AYES: Vice Mayor Bennett, and Council Members Butler Barlow, Fawcett, Goldberg, Johnson, Ward and Williams 7 NAYS: Mayor Duman 1 AN ORDINANCE TO REAPPROPRIATE UNSPENT FISCAL YEAR 2021-2022 FUNDS TO THE FISCAL YEAR 2022-2023 SCHOOL OPERATING FUND RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – 2023 Legislative Agenda Utilizing PowerPoint a presentation, Mindy Carlin, President, and Emily Reynolds, Vice President, Access Point Public Affairs, submitted a summary on the above referenced item. Referring to the presentation, Council Member Williams asked about the meaning of “unfunded mandate.” Ms. Carlin explained that an unfunded mandate is a requirement set forth by the General Assembly, but no funding is provided for implementation. MOTIONS Motion – A motion to schedule a public hearing to be held on October 19, 2022, to receive public comment on a Cable Franchise Agreement by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC 5 City Council Regular Meeting October 5, 2022 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a public hearing to be held on October 19, 2022, to receive public comment on a Cable Franchise Agreement by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC , 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, October 19, 2022, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Johnson, moved to schedule a City Council Work Session, for Wednesday, October 19, 2022, 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 Arthalia Kahan, 302 Webb Street, representing self, expressed her appreciation to the City for a variety of community improvements. Dawn Lassiter, 200 Military Road, representing self, offered comments about City Council’s vote on the Port 460 project. NEW BUSINESS City Clerk Dawley presented the following nominations: Agricultural Advisory Committee - Michael Ellis (Farm Service Agency Local Administrative Area – Whaleyville/Cypress representative) and W. Michael Lane (Forest Industry representative). Council Member Williams, on a motion seconded by Council Member Butler Barlow, 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 Vice Mayor Bennett, moved to have the Department of Public Works traffic engineer evaluate any impacts in banning thru trucks to Shoulders Hill Road and for the City Manager to bring to City Council for consideration an ordinance to ban certain thru trucks on Shoulders Hill Road, Route 17 to Nansemond Parkway within the next 60 days. Vice Mayor Bennett asked that Suffolk Meadows have a high speed zone for people going around the train on Dutchess Way and Barnes Boulevard and it be in the motion. 6 City Council Regular Meeting October 5, 2022 Council Member Fawcett asked that it be a separate motion. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to have the Department of Public Works traffic engineer evaluate any impacts in banning thru trucks to Shoulders Hill Road and for the City Manager to bring to City Council for consideration an ordinance to ban certain thru trucks on Shoulders Hill Road, Route 17 to Nansemond Parkway within the next 60 days was approved 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 Vice Mayor Bennett moved to request an ordinance for Suffolk Meadows for high speed zones on Suffolk Meadows Boulevard, Dutchess Way and Barnes Boulevard. City Manager Moor asked whether the motion asked for a high speed fine area. Vice Mayor Bennett replied in the affirmative. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved request an ordinance for Suffolk Meadows for high speed zones on Suffolk Meadows Boulevard, Dutchess Way and Barnes Boulevard was approved 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 Video Production Manager William Franklin provided a report on the following: the City’s operating hours for the Columbus Day and Yorktown Victory Day holiday; ribbon cutting for Herald Flats; Suffolk Police Department Open House; King’s Fork High School Watchdog Program; Drive-in Movie in the Park at Bennett’s Creek Park; Lake Meade Family Fun Run; Parks and Recreation’s Fright Night activities; receipt of Suffolk Parks and Recreation’s Locals Choice awards from the Suffolk News-Herald; Parks and Recreation Department’s accreditation from the National Recreation and Parks Association; solicitation of public input on the City’s resilience plan; Nansemond River Cleanup and Halloween Cleanup schedules; Public Work’s rescue of a dog from a culvert; and Virginia Department of Health’s vaccination finder methods. Council Member Williams reported potholes on the 400 block of Webb Street. Council Member Ward advised that he and Council Member Williams attended the Virginia Municipal League Annual Conference. Council Member Butler Barlow encouraged the public to attend Suffolk Peanut Fest. Council Member Butler Barlow expressed her appreciation for the condolences the family received on the passing of the late former Delegate Bill Barlow. 7 City Council Regular Meeting October 5, 2022 Council Member Johnson thanked the Suffolk Pilot Club for hosting the Suffolk Peanut Fest Queen’s Banquet. Council Member Johnson reported that he attended the Lake Prince Woods expansion event. Council Member Johnson congratulated Piney Grove Baptist Church on its 150th anniversary. Council Member Fawcett announce that he attended the Lake Prince Woods expansion event. Council Member Fawcett reported he attended the Suffolk Peanut Fest Queen’s Banquet. Council Member Fawcett encouraged the public to attend Peanut Fest activities. Vice Mayor Bennett asked for a sign directing truck traffic out of Northgate Commerce Park, away from Shoulders Hill Road. Vice Mayor Bennett said he attended the Lake Prince Woods expansion event. Vice Mayor Bennett reported he attended Somerton Friends’ anniversary. Mayor Duman said he attended events pertaining to the Kyiv City Ballet’s visit. Mayor Duman reported he went to Mutt Strut. Mayor Duman advised he attended the Suffolk Peanut Fest Queen’s Banquet. Mayor Duman said he attended the Lake Prince Woods expansion event. Mayor Duman reported he went to the Knights of Pythias meeting. Mayor Duman invited the public to attend Peanut Fest activities. Vice Mayor Duman acknowledged the King’s Fork High School Watchdog Club. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to adjourn, 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 There being no further business to come before City Council, the regular meeting was adjourned at 8:27 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: MAY 3, 2023 8