City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF DECEMBER 1, 2021 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION December 1, 2021 4:00 p.m. City Council Chamber 1. Joint Meeting of City Council and the School Board 2.* Appointments 3.* Economic Development Proposal * Proposed Items for Closed Session AGENDA: December 1, 2021, Work Session ITEM: Joint Meeting of City Council and the School Board Suffolk City Council and the School Board will meet during City Council’s December 1, 2021, Work Session.  SUFFOLK CITY COUNCIL AGENDA December 1, 2021 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentation – Recognition of Officer Zachary Hyman for being named the Hampton Roads Regional Top Cop 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – A resolution adopting the 2022 Legislative Agenda for the City of Suffolk 8. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Transportation State of Good Repair Program and to transfer local Urban Maintenance Funds for repaving sections of locally owned road segments 9. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program for Animal Shelter Services 10. Consent Agenda – An ordinance expanding the facilities and services provided in the Route 17 Taxing District 11. 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 Turlington Road Over Kilby Creek Rehabilitation Project 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 Longstreet Lane Over Somerton Creek Bridge Replacement Project 13. 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 on 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) This item is continued from the November 3, 2021, City Council meeting. 14. Resolutions 15. Staff Report – Employee Leave Balance and Policy Overview 16. Motion – A motion to schedule a City Council Work Session, for Wednesday, December 15, 2021, at 4:00 p.m., unless cancelled 17. Non-Agenda Speakers 18. New Business 19. Announcements and Comments 20. Adjournment 2 AGENDA: December 1, 2021, Regular Session ITEM: Special Presentation – Recognition of Officer Zachary Hyman for being named the Hampton Roads Regional Top Cop The Interim Police Chief will introduce Officer Zachary Hyman who recently received the honor of being named the Hampton Roads Regional Top Cop for his heroic efforts of saving a grandmother and her infant grandchild from a vehicle submerged in water after a vehicle crash. There will also be a short video of his valiant acts. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers Resolutions AGENDA: December 1, 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.  A motion to schedule a City Council Work Session, for Wednesday, December 15, 2021, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments 2022  2022 General Assembly Session City Council Michael D. Duman Mayor Leroy Bennett Vice Mayor | Cypress Borough Shelly Butler Barlow Chuckatuck Borough Roger Fawcett Sleepy Hole Borough Donald Z. Goldberg Suffolk Borough Timothy J. Johnson Holy Neck Borough Lue R. Ward, Jr. Nansemond Borough LeOtis Williams Whaleyville Borough City Administration City Manager Albert S. Moor, II, P.E. City Attorney William Hutchings, Jr. City Clerk Erika S. Dawley 1|City of Suffolk  2022 General Assembly Session Congressional Delegation Rep. Robert C. “Bobby” Scott Rep. A. Donald McEachin Third Congressional District Fourth Congressional District Sen. Mark Warner Sen. Tim Kaine United States Senate United States Senate General Assembly Delegation Sen. T. Monty Mason Sen. Thomas K. Norment, Jr. Senate District 1 Senate District 3 Sen. John A. Cosgrove Sen. L. Louise Lucas Senate District 14 Senate District 18 Del. Emily M. Brewer Del. Clinton Jenkins House District 64 House District 76 2|City of Suffolk  2022 General Assembly Session 2022 General Assembly Focus ֎ Supporting Transportation Funding Increases o The City is a key thoroughfare to the Port of Virginia, with transportation from the Port traveling through Suffolk’s southern and western borders. o VDOT has implemented delays in funding disbursements of several key transportation programs, to include the Revenue Sharing program and the Federal CMAQ program. The need continues to grow while delayed funding creates a greater necessity, resulting in further economic hardship to the City and the Regional economy. The City requests that these programs be held to the previous timelines. ֎ The City Council requests that the General Assembly continue to hold public education as its highest priority. Specifically, that the General Assembly participate in the funding of the true and necessary cost of the construction and modernization of school buildings. ֎ The Western Tidewater Regional Jail: Federal Recovery Request for Exemption (See Attached Exhibit) ֎ The City urges the General Assembly to continue its successful initiative to obtain universal broadband coverage in the state by 2024. ֎ The City requests the General Assembly maintain and strengthen the principles of sovereign immunity for local governments and their officials. ֎ The City of Suffolk fully supports innovative funding programs to provide affordable housing programs and projects. ֎ The City of Suffolk supports amendments to the Department of Historic Resources’ Cemetery Preservation eligibility of funding parameters. Specifically, the unintentional inequities this program lends to historic African American cemeteries. 3|City of Suffolk  2022 General Assembly Session 2022 Program Items ֎ Commonwealth Rail Line Safety Relocation: Pursue Funding o The City of Suffolk requests that the General Assembly allocate funding to aid in the relocation of the Commonwealth Rail line, which leads to the Port of Virginia. The City has approximately 40 rail crossings and many of these crossings travel over busy roadways, creating significant safety issues along these routes. ֎ Mandates o The City continues not to support any unfunded or underfunded mandates that would place further financial strain on the locality. ֎ Freedom of Information Act (FOIA): The locality supports the expansion of electronic meetings, outside of emergency periods, and the provision of flexibility for localities to determine how to include public comment and participation. ֎ Local Government Regulatory Authority on Land Use o The City supports local control of local land use decisions, no matter the topic. ֎ The City of Suffolk seeks and supports an exemption from the Department of Environmental Quality’s Reformulated Gasoline for farming equipment. ֎ The City of Suffolk supports legislation that would provide localities with greater authority in reforestation, preservation, and management of urban forests in recognition of their numerous abilities to make urban environments healthier. Additionally, the City supports appropriating $50 Million to the Department of Forestry’s Urban and Community Forestry Program to enable local governments to expand and better maintain urban tree canopy. 4|City of Suffolk  2022 General Assembly Session Transit ֎ The City of Suffolk supports increased federal and state funding for public transit, policies that allow for the equitable distribution of such funding, and dedicated sources for such funding to ensure state of good repair of transit equipment and facilities, as well as service expansion. The City urges our legislators to continue to place a priority on both operating and capital funding needs for public transit. Environmental/Utilities ֎ The Department of Environmental Quality (DEQ) is currently performing a total maximum daily load (TMDL) assessment for Polychlorinated Biphenyls (PCB). The City of Suffolk requests that legislators continue to monitor this TMDL process and work closely with state agencies to provide reasonable reductions for industries that are the primary contributors of PCBs, and limit the locality’s responsibility to control a load from sources that are legally permissible. ֎ The City of Suffolk supports the development of maximum contaminant levels for PFAS by the Virginia Department of Health (VDH) and believes VDH should comply with the requirements applicable to the development of and be at least as protective as such levels imposed by the U.S. EPA, in accordance with the Safe Drinking Water Act. ֎ The City of Suffolk opposes any legislation that would impose higher Waterworks Operation fee increases, similar to those increases proposed by the Department of Environmental Quality’s work group process. ֎ The City of Suffolk supports the expansion of local authorities to self-certify tax exempt utility capital improvements. 5|City of Suffolk  2022 General Assembly Session Finance Taxing Authorities The City of Suffolk has a broad and diverse tax base. The City urges the General Assembly to not reduce or limit the locality’s taxing authority, without the provision of a new, similarly broad-based taxing authority. Internet-Based Businesses and Services Taxing, licensing, and regulating internet-based businesses and services protects the locality’s ability to impartially regulate traditional, electronic, internet-based, virtual, and other styles of businesses, and ensures the City’s ability to encourage a level playing field for markets. The City believes that the state should not prohibit localities from exercising the authority to enter into voluntary collection agreements, as long as provisions are in place to protect the public’s interest. It is further believed that the state should not prohibit sharing financial information between the state and locality that are normally part of public domains. Business, Professional, and Occupational License (BPOL) Tax The City of Suffolk is in opposition to the repeal or restriction of BPOL, unless suitable revenue-neutral replacement sources can be guaranteed. Communications Sales and Use Tax The City of Suffolk supports the Communications Sales and Use Tax and broadening the coverage of the tax to include audio and video streaming services, as well as prepaid calling cards. Further, the City opposes transfers of the revenue to the state general fund for purposes other than those currently contained in the Code of Virginia. Historic Preservation Tax Credits The City of Suffolk’s Historic Downtown District has been a fortunate to be a recipient this program, and has many downtown successes attributed to this program. The City urges our legislators to continue supporting this initiative. Stormwater Fee Exemption The City of Suffolk continues to support the General Assembly’s decision to refuse exemptions from local stormwater utility fees for special interest groups and/or industries. Insert AAA Rating Image 6|City of Suffolk  2022 General Assembly Session State & Federal Funding Requests Transportation The City of Suffolk is positioned along the southern and western gateway to the Hampton Roads Region. Our unique transportation challenges present significant issues to the entire region when issues occur along our heavily traveled roadways. With that, the City of Suffolk requests specific attention to acquire funding for the following transportation initiatives: ֎ Route 17/Godwin Bridge Capacity Expansion o The Hazelwood and Godwin Bridge expansions continue to be the most significant transportation initiative in the City. These bridges see over 30,000 vehicles in a single day, and transportation along this corridor will be significantly affected if the expansions are not soon completed. This project stands to affect not only the City, but neighboring localities as well. The estimated cost of this expansion is $75 million. ֎ Kings Highway Bridge Replacement Funding Sources o The City requests that this bridge replacement be considered for a variety of funding sources. The bridge was demolished in 2005 due to disrepair and is not included in the 2040 Long Range Transportation Plan. The estimated cost of this bridge replacement is over $75 million. ֎ Route 58 Improvements o Ensure funding for incremental safety improvements to this heavily traveled, at times dangerous corridor, which is a critical evacuation route. ֎ Phase 2 Shoulders Hill Road Improvements o Consistent increased growth in this corridor requires additional widening to provide an efficient link between Nansemond Parkway and Route 17. ֎ Kimberly Bridge Improvements o Major crossing of the Nansemond River on Main Street, often closed due to flooding, resulting in a 7 mile detour through the City. Raising the bridge to an elevation above the 100-year flood elevation and reconstruction of the storm drain system along this corridor is the recommendation, with an estimated cost of $13 Million. ֎ Seaboard Coastline Trail o Utilizing the former Seaboard Coastline rail corridor, which is 11.5 miles long, the Seaboard Coastline Trail is a fully accessible, multi-use path through Suffolk and Chesapeake. Three segments of the trail are complete; one segment remains and needs funding allocated. ֎ Bennett’s Creek Dredging (Federal Initiative) o The U.S. Army Corp of Engineers and the City work to preserve the navigability of Bennett’s Creek. Dredging will occur in late 2021, but funding will continue to be necessary to complete this project, with a price tag of approximately $655,000 per event. Organizational Endorsements In addition to the priorities contained herein, the City of Suffolk adopts as priorities the items outlined in the Virginia Municipal League’s 2022 Legislative Program and the 2022 Hampton Roads Planning District Commission’s 2022 Legislative Program, as those items pertain to the City of Suffolk. 7|City of Suffolk Western Tidewater Regional Jail (WTRJ) seeks the City of Suffolk’s support of a legislative request for the 2022 General Assembly Session. WTRJ constructed a 180-bed addition to the facility in 1999 utilizing local and federal funds; the state did not incur any cost associated with this expansion. The jail officers operating the 180-bed expansion are funded with local dollars. In 2005, language was added to the State’s Budget Bill, which allows the Commonwealth to retain $20 per day of the $55 per day paid to WTRJ by the federal government, per federal inmate housed. Again, there are no costs to the state associated with holding federal inmates at this facility. The 2013 Budget Conference Report allowed a partial exemption, which permits WTRJ to keep the full $55 federal per diem payment for the first 76 inmates housed at the facility, and the state continues to collect the remaining inmate per diem payments. While the partial exemption is appreciated, the state continues to withhold a significant amount of money from the jail, yearly. In 2019, the state withheld $1.5 million, in 2020, $1.7 million withheld, and in 2021, $1.3 million withheld. The state compensation board calculates the recovery payments by the number of federal inmates held per day, less the first 76 received by the jail, and multiplied by the state funded operating cost, per day, at $20.78. WTRJ would like to propose an additional partial exemption. This partial exemption would allow the state to continue to recover a portion of the funds received from the federal inmate per diem, and allows WTRJ to recover an additional portion of the full federal per diem after reaching a specific occupancy. WTRJ proposes that the existing exemption of 76 inmates remain the same and the state retain the per diem for inmates starting at the 76th inmate until occupancy reaches 130 federal inmates. At which time, the full per diem rate would revert to WTRJ when occupancy reaches 131 federal inmates. As it stands, the current agreement places an unfair burden on the taxpayers in the City of Suffolk, Isle of Wight County, and City of Franklin. Member localities should not be required to make up the difference in cost for housing federal inmates, as their federal taxes have already been paid to house these federal prisoners. All member localities are in support of this additional partial exemption request.