City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF NOVEMBER 17, 2021 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION November 17, 2021 4:00 p.m. City Council Chamber 1. Student Generation Rates, Level of Service Standards, and Adequate Public Facilities 2.* Appointments 3.* Legal Advice Concerning Proposed Redistricting Plans * Proposed Items for Closed Session AGENDA: November 17, 2021, Regular Session ITEM: Student Generation Rates, Level of Service Standards, and Adequate Public Facilities The Interim Director of Planning and Community Development will provide a report pertaining to the update of adopted Student Generation Rates, Level of Service Standards, and amendments to Section 31-601, Adequate Public Facilities of the Unified Development Ordinance.  SUFFOLK CITY COUNCIL AGENDA November 17, 2021 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentation – A presentation to provide an update on HRUBS Utility Bill Pandemic Relief Programs 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – An ordinance to accept and appropriate State and Local Fiscal Recovery Funds through the American Recovery Plan Act to assist with utility customer relief 8. Consent Agenda – An ordinance to accept and appropriate Community Flood Preparedness funds from the Virginia Department of Conservation and Recreation 9. Consent Agenda – An ordinance to accept and appropriate a Justice Assistance Grant from the U.S. Department of Justice in support of the Suffolk Police Department and Office of the Commonwealth’s Attorney 10. Consent Agenda – An ordinance to appropriate funds from the Cemetery Fund Restricted Fund Balance for maintenance and improvements at Holly Lawn Cemetery 11. Consent Agenda – An ordinance to amend Sec. 66-337of the Code of the City of Suffolk, pertaining to residency requirements 12. 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 13. 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) 14. 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) 15. 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) 16. Ordinances 17. Resolution – A resolution to approve the City’s participation in the proposed settlement of opiod-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 18. 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 19. Staff Report – 2022 Legislative Agenda 20. Staff Report – Employee Leave Balance and Policy Overview 21. 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 22. 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 23. 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 24. Non-Agenda Speakers 25. New Business 26. Announcements and Comments 27. Adjournment 2 City Council Work Session May 19, 2021 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 19, 2021, 4:00 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 (arrived at 4:02 p.m.) 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 None SIGN ORDINANCE TEXT AMENDMENT UPDATE Interim Deputy City Manager Kevin Hughes introduced Interim Planning and Community Development Director Robert Goumas. Utilizing a PowerPoint presentation, Interim Planning and Community Development Goumas gave an update about the above referenced item. Referring to the presentation, Council Member Goldberg opined about the enforcement of the proposed sign ordinance text amendments. Interim Planning and Community Development Director Goumas explained that violations of the proposed sign ordinance text amendments would be addressed in a similar manner as other zoning violations. He added that violations can be addressed with voluntary compliance, while other violations may need to be resolved in court. Referring to the presentation, Council Member Goldberg queried about the fines as it relates to the proposed sign ordinance text amendments. Interim Planning and Community Development Director Goumas advised that any fines imposed are determined in court. Referring to the presentation, Council Member Ward called for clarification about the permissible timeline for the display of temporary signs, such as yard signs. Interim Planning and Community Development Director Goumas stated that the regulations are the same regardless of the content of the type of temporary sign. Referring to the presentation, Council Member Ward inquired about the permissibility of displaying political signs in the public right of way. Interim Planning and Community Development Director Goumas reported that the display of political signs in the public right of way is not permitted. 1 City Council Work Session May 19, 2021 Referring to the presentation, Council Member Ward opined about the feasibility of returning political signs once they are removed from the public right of way. Interim Planning and Community Development Director Goumas replied that an individual could pick their signs up from the Planning and Community Development Department. Council Member Johnson opined about the impact on the proposed sign ordinance text amendments as it relates to banners. Interim Planning and Community Development Director Goumas said that there is a separate set of regulations for special events banners. He clarified that the promotional banners are treated the same as a temporary sign. He added that in the past permits were required, but that is not what is being proposed in the proposed sign ordinance text amendments. Referring to the presentation, Vice Mayor Bennett called for information about the proposed sign ordinance text amendments as it relates to the enforcement of temporary sign violations. Interim Planning and Community Development Director Goumas reported that the proposed sign ordinance text amendments do not address the enforcement of temporary sign violations. He clarified enforcement of temporary sign violations is a matter of providing the resources. Vice Mayor Bennett requested information about the classification and timeline for display of banners. Interim Planning and Community Development Director Goumas advised that banners are considered temporary signs and can be displayed for 90 days. Council Member Fawcett sought clarification about the classification and timeline for display of real estate signs. Interim Planning and Community Development Director Goumas indicated that real estate signs are classified as temporary signs and can be displayed until the property is sold. Referring to the presentation, Council Member Williams asked for the definition of a footcandle. Interim Planning and Community Development Director Goumas explained that a footcandle is a measurement of light. CLOSED MEETING City Clerk Dawley presented the Closed Meeting motion for City Council’s consideration: 1. Pursuant to Virginia Code Sections 2.2-3711(A)(8) and (A)(1), the consultation with legal counsel employed by a public body regarding specific legal matters requiring the legal advice of such counsel, and the discussion, consideration, or interviews of prospective candidates for appointment and the assignment, appointment, and performance of specific public officers or appointees of the City, specifically the appointments as shown on the attached list for vacancies or term expirations for Clean Community Commission, Clean Community Commission Keep Suffolk Beautiful Executive Board, Community Policy and Management Team, Early Childhood Development Commission, Economic Development Authority the City of Suffolk, Fine Arts Commission, Historic Landmarks Commission, Human Services Advisory Board, Library Advisory Board, Local Board of Building Code Appeals, Parks and Recreation Advisory Commission, Paul D. Camp Community College Board, Planning Commission, Sister Cities Commission, Suffolk Redevelopment and Housing Authority Board of Commissioners, The Planning Council, Virginia Municipal League Policy Committees, Wetlands Board, and the appointment of the City Manager; and 2 City Council Work Session May 19, 2021 2. Pursuant to Virginia Code Section 2.2-3711(A)(3), the discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body specifically regarding the following tax map numbers: 26*1; 34G18(A)*361; 34G18(A)*368; 34G18(A)*369A; 34G17(A)*168*169; 34G18(A)*362*365; and 25*24B. Council Member Fawcett, on a motion seconded by Council Member Williams, moved that City Council convene in a closed meeting for the above referenced purposes, 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 City Council convened in Closed Meeting at 5:00 p.m. The Closed Meeting concluded at 5:55 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting May 19, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 19, 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., Interim City Attorney Albert S. Moor, Interim City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Via a video recording taped at the Suffolk State of the City Address, the invocation was provided by Reverend Henry Diggs, and the National Anthem was provided by the Nansemond River High School Chorus. City Clerk Dawley called the roll, and all members of City Council were in attendance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of May 19, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Johnson, 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 MAY 19, 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting May 19, 2021 APPROVAL OF THE MINUTES Council Member Ward, on a motion seconded by Vice Mayor Bennett, moved to approve the November 30, 2020, 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 - A proclamation in recognition of “National Emergency Medical Services Week” Mayor Duman presented the above referenced item to Fire Chief Michael Barakey. 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 Fawcett, on a motion seconded by Council Member Williams, 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 speakers 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 funding from the Federal Transit Administration for Suffolk Transit Consent Agenda Item #8 – An ordinance to accept and appropriate a grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department Consent Agenda Item #9 – A resolution confirming the appointment of Kevin Prine as Deputy City Assessor Referring to Consent Agenda Items #7 through #9, Interim City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting May 19, 2021 Council Member Goldberg, on a motion seconded by Council Member Butler Barlow, 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 PUBLIC HEARINGS 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 1000 and 1010 University Boulevard, Zoning Map 13G, Parcels 2 and 2*3, Account Number 306001106 and 306003856; RZN2021-004 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Robert Goumas gave a summation of the background information as printed in the official agenda. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing Terry/Peterson Residential Thirty, LLC and Terry Peterson Investment Thirty, LLC, applicant and property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Ward, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, 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 1000 AND 1010 UNIVERSITY BOULEVARD, ZONING MAP 13G, PARCELS 2 AND 2*3, ACCOUNT NUMBER 306001106 AND 306003856; RZN2021-004 (CONDITIONAL) Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Multi-Family and Apartment Building (Not Otherwise Enumerated), on property located at 130 South Saratoga Street, Zoning Map 34G18(2), Parcel 5, Account Number 353157000; CUP2021-002 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas provided an overview of the background information as printed in the official agenda. David Dallman, 4525 Main Street, Suite 1000, Virginia Beach, Virginia, Kimley-Horn, representing Chris Johnson, Monument Development Sixteen, LLC, applicant, representing Steve Stewart, Suffolk Publications, LLC, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting May 19, 2021 Council Member Goldberg, on a motion seconded by Council Member Williams, moved to approve the ordinance, with conditions, 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 GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A MULTI- FAMILY AND APARTMENT BUILDING (NOT OTHERWISE ENUMERATED), ON PROPERTY LOCATED AT 130 SOUTH SARATOGA STREET, ZONING MAP 34G18(2), PARCEL 5, ACCOUNT NUMBER 353157000; CUP2021-002 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility, on property located at 1581 Hosier Road, Zoning Map 44, Parcel 125, Account Number 050924196; CUP2021-005 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas furnished a report of the background information as printed in the official agenda. Alexander Deuson, 1831 Winn Alley, Charlottesville, Virginia, address inaudible, Hoiser Road Solar 1, care of Borrego Solar Solutions, Incorporated, applicants, representing Patrick Fancy, Fancy Corporation, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Jessie Robinson, no address provided, representing Borrego Solar Solutions, Incorporated, applicants, representing Patrick Fancy, Fancy Corporation, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Williams on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Goldberg called for information about any potential impact of the glare from the proposed solar energy facility on the Suffolk Executive Airport. Mr. Deuson explained that the proposed solar energy facility would have to meet all Federal Aviation Administration requirements; therefore, glare would not have any impact on the Suffolk Executive Airport. Referring to the presentation, Council Member Johnson inquired about the project’s size. Mr. Deuson replied that the project will be three megawatts. Referring to the presentation, Council Member Johnson asked about the timeline for the construction of the proposed solar energy facility. Mr. Deuson reported that the proposed solar energy facility would take approximately two to four months for constriction. Referring to the presentation, Council Member Johnson queried about whether the development will be tied into a local energy provider. Mr. Deuson stated that the local energy company is Dominion Energy. 4 City Council Regular Meeting May 19, 2021 Referring to the presentation, Council Member Johnson inquired about any objections from property owners adjacent to the proposed solar energy facility. Mr. Deuson said that there were no objections from any of the adjacent property owners. Vice Mayor Bennett opined about any potential impact of the proposed solar energy facility on hunting in the area. Mr. Deuson reported that the proposed solar energy facility would be surrounding by fencing. Council Member Butler Barlow asked about the availability of a website regarding the profitability of smaller solar energy facilities. Mr. Deuson replied in the affirmative. Council Member Williams, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, 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 GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY, ON PROPERTY LOCATED AT 1581 HOSIER ROAD, ZONING MAP 44, PARCEL 125, ACCOUNT NUMBER 050924196; CUP2021-005 Public Hearing – A public hearing to receive public comment on the Proposed Fiscal Year 2021-2022 Citywide effective real estate tax increase due to reassessment of 4.20% Utilizing a PowerPoint presentation, Finance Director Tealen Hansen gave a report of the background information as printed in the official agenda. The following individuals spoke in opposition to the effective real estate tax increase due to reassessment of 4.20%: Carolyn White, 4216 Coltrane Avenue, representing the Pughsville Civic League. Pat Simons, 1700 Cotton Farm Lane, representing self. Wayne White, 4216 Coltrane Avenue, representing the Pughsville Civic League. Pamela Brandy, 5016 Pearl Street, representing the Pughsville Civic League. Delzorra Presha, no address provided, representing self. Laurna Taylor, 5577 Godwin Boulevard, representing self. Arenisa Clark, 4221 Coltrane Avenue, representing self. Roosevelt Jones, 5809 Park Lane, representing the Chuckatuck-Oakland Civic League. Irene Harris, 4410 Coltrane Avenue, representing self. 5 City Council Regular Meeting May 19, 2021 Council Member Johnson, on a motion seconded by Council Member Ward, moved to extend the public hearing for an additional six minutes, 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 The following individuals spoke in opposition to the effective real estate tax increase due to reassessment of 4.20%: Morris Clark, 4221 Coltrane Avenue, representing self. John Harris, 4014 Coltrane Avenue, representing self. Hearing no additional speakers, the public hearing was closed. No action was required on this item at this time. ORDINANCES Ordinance – An ordinance to amend Chapter 82, Article VI, Division 2 of the Code of the City of Suffolk concerning exemption from personal property taxation for eligible disabled veterans Interim City Manager Moor submitted an overview of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Williams, 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 AN ORDINANCE TO AMEND CHAPTER 82, ARTICLE VI, DIVISION 2 OF THE CODE OF THE CITY OF SUFFOLK CONCERNING EXEMPTION FROM PERSONAL PROPERTY TAXATION FOR ELIGIBLE DISABLED VETERANS Ordinances – Adoption of the proposed Operating and Capital Budget for Fiscal Year 2021-2022 and related ordinances as amended Utilizing a PowerPoint presentation, Finance Director Hansen supplied a synopsis of the background information as printed in the official agenda. 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 to reduce the real estate tax rate by .01 per $100.00 6 City Council Regular Meeting May 19, 2021 Referring to the motion, Interim City Manager Moor stated that the proposed reduction of the real estate tax rate would result in a $1,000,000 deficit. He then called for clarification about the funding source to address the $1,000,000 deficit or the specification of which services would be reduced, since the proposed Operating and Capital Budget is required to be balanced. Council Member Fawcett said that the proposed motion would not include any reduction of services but only a reduction of the proposed Operating and Capital Budget by $1,000,000. He opined about the feasibility of utilizing the Coronavirus Aid, Relief, and Economic Security Act funding to address the shortfall. Council Member Johnson sought clarification about the ability to use the Coronavirus Aid, Relief, and Economic Security Act Funding for onetime expenses. Interim City Manager Moor replied in the affirmative. Members of City Council opined about the proposed motion. Vice Mayor Bennett sought clarification about the ability to use the Coronavirus Aid, Relief, and Economic Security Act Funding for public safety expenses. Interim City Manager Moor replied in the affirmative. Finance Director Hansen explained that the funding can be used for activities directly in response to mitigating the coronavirus pandemic, and those monies have already been committed for items that meet those requirements. Vice Mayor Bennett asked about the ability to amend the Operating Budget any time during the fiscal year. Interim City Manager Moor replied in the affirmative. Interim City Attorney Hutchings added that while the Operating Budget can be amended any time during the fiscal year, the tax rate cannot be changed. Members of City Council opined about the proposed motion. 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 to reduce the real estate tax rate by .01 per $100.00, by the following roll call vote: AYES: Council Member Fawcett and Goldberg 2 NAYS: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Johnson, Ward and Williams 6 Council Member Ward, on a motion seconded by Council Member Johnson, moved to approve the proposed ordinances, by the roll call presented: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 ABSTAIN: Council Member Fawcett 1 AN ORDINANCE APPROVING THE CITY BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING JULY 1, 2021, AND ENDING JUNE 30, 2022, AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED 7 City Council Regular Meeting May 19, 2021 AN ORDINANCE LEVYING REAL PROPERTY TAXES FOR THE TAX YEAR BEGINNING JULY 1, 2021, AND ENDING JUNE 30, 2022, FOLLOWING THE MAY 5, 2021, AND MAY 19, 2022, PUBLIC HEARINGS ADOPTING 4.20% INCREASE IN THE CITYWIDE ASSESSMENT AN ORDINANCE TO LEVY TAXES ON ALL TANGIBLE PERSONAL PROPERTY NOT EITHER EXEMPT FROM TAXATION OR OTHERWISE TAXED FOR THE 2021 AND 2022 TAX YEARS AN ORDINANCE ADOPTING A FEE SCHEDULE FOR THE CITY OF SUFFOLK AN ORDINANCE TO PROVIDE A COST OF LIVING ADJUSTMENT OF 2.5% TO ALL FULL-TIME AND REGULAR PART-TIME CITY EMPLOYEES, GRANT EMPLOYEES, THE REGISTRAR AND THEIR EMPLOYEES, CONSTITUTIONAL OFFICERS AND THEIR EMPLOYEES AND CITY COUNCIL EMPLOYEES AN ORDINANCE APPROVING NEW POSITIONS, PAY GRADES, PAY GRADE CHANGES AND JOB DESCRIPTIONS REGARDING THE FISCAL YEAR 2021-2022 OPERATING AND CAPITAL BUDGET AND CITY’S CLASSIFICATION AND COMPENSATION PLAN Council Member Goldberg raised a point of order, specifically the appropriateness of adding an item to the agenda related to the budget. Mayor Duman replied that a motion would would be required. Mayor Duman asked Interim City Attorney Hutchings whether absetentions during votes were permissible. Interim City Attorney Hutchings advised any member may abstain from a vote. RESOLUTIONS Resolution – 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) 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 Butler Barlow, 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 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) 8 City Council Regular Meeting May 19, 2021 STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a City Council Work Session, for Wednesday, June 2, 2021, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to schedule a City Council Work Session, for Wednesday, June 2, 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, representing the Pughsville Civic League, opined about infrastructural issues in Pughsville. Pam King, 1230 Kansas Street, representing International Association of Firefighters Local 2001, spoke in support for salary increases. Carolyn White, 4216 Coltrane Avenue, representing the Pughsville Civic League, opined about infrastructural issues in Pughsville. Gloria Samarah, 8313 Hudgins Circle, representing self, opined about flooding issues in her area. Miller Cary, 1024 Centerbrook Lane, representing self, opined about matters raised during City Council campaigns and the Rules of Order and Procedures for speakers at City Council meetings. Laurna Taylor, 5577 Godwin Boulevard, representing self, reported drainage issues in the Oakland community. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination to the respective body: Fine Arts Commission – Gail Hinton-Copeland. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, 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, Johnson, Ward and Williams 8 NAYS: None 0 9 City Council Regular Meeting May 19, 2021 Council Member Williams, on a motion to nominate and appoint the following individuals to the following Virginia Municipal League Policy Committees: Community and Economic Development – Council Member LeOtis Williams and Council Member Lue Ward; Environmental Quality – Council Member Timothy Johnson; Finance – Council Member Shelley Butler Barlow; General Laws – Council Member Donald Goldberg and General Development and Education – Vice Mayor Leroy Bennett, 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 Ward, on a motion seconded by Council Member Fawcett, moved to approve a resolution appointing Albert S. Moor II as City Manager of the City of Suffolk, 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 Goldberg, on a motion seconded by Council Member Fawcett, moved to direct City Manager Moor to prepare and present an ordinance within the next 30 days that amends the 2021-2022 Operating Budget to provide an additional three percent salary increase to all full time and regular part- time City employees, Constitution Officers and their employees, and City Council appointees hired prior to April 1 2021, above the two and half percent cost of living increase to be effective on July 1, 2021. Members of City Council opined about the proposed motion. Council Member Goldberg withdrew the motion with the consent of Council Member Fawcett. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to direct City Manager Moor to prepare a comprehensive compensation and classification study and identify funding options by the end of the 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: walk up coronavirus vacation clinic hosted by the Suffolk Health Department; the Keep Suffolk Beautiful Recycling Drive and Tire Amnesty Drive; the announcement of the new GoGreen Farms and Greenhouses; resources for reporting train concerns; the observance of National Public Works Awareness Week; information about local employment opportunities on the Economic Development Department’s webpage; Cypress Park Pool opening and seasonal schedule; the observance of Memorial Day holiday and the Commonwealth of Virginia’s coronavirus vaccine finder webpage. 10 City Council Regular Meeting May 19, 2021 Vice Mayor Bennett asked about the youngest age eligible permitted to receive the coronavirus vaccine at the Suffolk Health Department clinic. Media and Community Relations Assistant Director Kelley said that he was not aware of that information but any interested persons could contact the Suffolk Health Department for more details. Council Member Williams opined about the Whaleyville Volunteer Fire Department Fish Fry. Council Member Williams called for mosquito spraying in the 200 block of Mineral Springs Road. Council Member Williams opined about broadband in the rural areas of the City. Council Member Williams reported high grass at 704 Spruce Street, 173 County Street and 417 Webb Street. Council Member Williams extended his appreciation to City Administration for their assistance with constituent concerns. Council Member Williams opined about the need for an increased police presence in the South Suffolk area. Council Member Goldberg announced he attended the State of the City. Council Member Ward extended his condolences to the family of the late Catherine Epps. Council Member Ward announced he attended the State of the City. Council Member Ward extended his congratulations to City Manager Moor. Council Member Ward acknowledged the residents from Pughsville who attended tonight. Council Member Butler Barlow extended her congratulations to City Manager Moor. Council Member Butler Barlow announced she attended the State of the City. Council Member Butler Barlow acknowledged the residents from the Oakland Civic League who attended tonight. Council Member Johnson announced he attended the State of the City. Council Member Johnson extended his congratulations to City Manager Moor. Council Member Fawcett announced he attended the State of the City. Council Member Fawcett opined about Memorial Day. Council Member Fawcett encouraged residents to participate in the upcoming Keep Suffolk Beautiful Recycling Drive and Tire Amnesty Drive. Council Member Fawcett extended his congratulations to City Manager Moor. 11 City Council Regular Meeting May 19, 2021 Council Member Fawcett acknowledged all of the residents who attended tonight. Vice Mayor Bennett extended his congratulations to City Manager Moor. Vice Mayor Bennett acknowledged the observance of National Public Works Awareness Week. Vice Mayor Bennett announced he attended the State of the City. Vice Mayor Bennett opined about the announcement of the new GoGreen Farms and Greenhouses. Mayor Duman opined about the following items: the adoption of the Operating and Capital Budget for Fiscal Year 2021-2022; the future comprehensive compensation and classification study and potential funding options by the end of the year and the State of the City Mayor Duman opined about meeting with a local student from Kings Fork Middle School interested in the Suffolk Police Department’s K-9 Unit. Mayor Duman extended his congratulations to City Manager Moor. Council Member Goldberg, 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 10:00 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 12 AGENDA: November 17, 2021, Regular Session ITEM: Special Presentation – A presentation to provide an update on HRUBS Utility Bill Pandemic Relief Programs The Director of Public Utilities will make a presentation on the three phases of the HRUBS Utility Bill Pandemic Relief Program. Programs for Phase 1 and Phase 2 have been closed, and a summary of each program will be provided. New funding in the amount of $1,282,391.67 that will be received from the American Recovery Plan Act (ARPA) for the COVID-19 ARPA State and Local Fiscal Relief (SLFRF) Municipal Program will be used for Phase 3 of the program. The funding will be used to provide water and wastewater utility bill assistance to eligible citizens of the City of Suffolk impacted by the coronavirus pandemic. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers Ordinances AGENDA: November 17, 2021, Regular Session ITEM: Staff Report - 2022 Legislative Agenda The City’s Legislative Consultant, Access Point, will brief City Council on items to be included in the proposed 2022 City of Suffolk Legislative Agenda package. AGENDA: November 17, 2021, Regular Session ITEM: Staff Report - Employee Leave Balance and Policy Overview The Human Resources Director will provide an update on employee leave balances and the Leave Policy. AGENDA: November 17, 2021, Regular Session ITEM: 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 The primary purpose of this project is to rehabilitate the culvert on Turlington Road over Kilby Creek. The existing headwall is structurally deficient. New headwalls will be constructed and the existing pipes will be extended and re-lined. Rehabilitating this structure will improve the safety and efficiency of Suffolk’s roadways. A motion is requested to schedule the required public hearing to be held at the December 1, 2021 City Council Meeting. AGENDA: November 17, 2021, Regular Session ITEM: 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 The primary purpose of this project is to replace one bridge on Longstreet Lane at Somerton Creek. The existing bridge is a load restricted steel/timber structure, which is structurally and geometrically deficient. A new 185-foot long bridge made of pre-stressed concrete will be installed in its place. The new structure will be longer, wider, and higher than the existing bridge. Replacing this bridge structure will improve the safety and efficiency of Suffolk’s roadways. A motion is requested to schedule the required public hearing to be held at the December 1, 2021, City Council Meeting.  A motion to schedule a City Council Work Session, for Wednesday, December 1, 2021, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business