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City Council Meeting Packets

Regular Meeting

Suffolk, VA · May 3, 2023

Agenda

Agenda

SUFFOLK CITY COUNCIL MEETING OF MAY 3, 2023 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M. SUFFOLK CITY COUNCIL WORK SESSION May 3, 2023 4:00 p.m. City Council Chamber 1. Spring/Summer Program Update 2. Appointments* 3. Updates on acquisition of various properties* * Proposed Items for Closed Session AGENDA: May 3, 2023, Work Session ITEM: Spring/Summer Programs and Events Update Theresa Earles, Tourism Development Manager, will provide City Council with an overview of spring and summer programs and events. SUFFOLK CITY COUNCIL AGENDA May 3, 2023 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations A. A proclamation in recognition of “National Police Week” B. A proclamation in recognition of “National Public Works Week” 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – A resolution electing to provide VRS Enhanced Hazardous Duty Retirement Benefits for full time Emergency Medical Technicians/Paramedics 8. Consent Agenda – An ordinance to accept and appropriate a Walmart Community Grant for the City of Suffolk Sheriff’s Department 9. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Risk Sharing Association for the City of Suffolk Risk Management Program 10. Consent Agenda – An ordinance to accept and appropriate funds from Campbell Oil Company for the Suffolk Executive Airport 11. Consent Agenda – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport 12. Consent Agenda – A resolution to authorize the City Manager to enter into agreements with the localities of Region 5 for purposes of obtaining grant funding from the Virginia Opioid Abatement Authority 13. Public Hearing – A public hearing to receive public comment on the Proposed Fiscal Year 2023 – 2024 Citywide effective real estate tax increase due to reassessment of 12.51% 14. Ordinances – Adoption of the proposed Operating and Capital Budget for Fiscal Year 2023-2024 and related ordinances as amended 15. Resolution – A resolution to adopt the Fiscal Year 2023-2024 Annual Action Plan for the City of Suffolk’s Community Development Block Grant Program (CDBG) and the Western Tidewater Home Consortium Home Investment Partnership Program (HOME) 16. Staff Reports 17. Motion – A motion to schedule a City Council Work Session for Wednesday, May 17, 2023, at 4:00 p.m., unless cancelled 18. Non-Agenda Speakers 19. New Business 20. Announcements and Comments 21. Adjournment 2 City Council Work Session October 5, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 5, 2022, 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 4:09 p.m.) 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 DEPARTMENT OF PARKS AND RECREATION ACCREDITATION AND PROJECTS UPDATE Utilizing a PowerPoint presentation, Parks and Recreation Director Mark Furlo report about the above referenced item. Referring to the presentation, Vice Mayor Bennett asked about the methods used to publicize the events. Parks and Recreation Director Furlo explained that information is available in the City’s program guide that is available at the city’s libraries and recreation centers. He also mentioned the information can also be found on its departmental webpages and social media feeds, as well as media releases. Referring to the presentation, Council Member Williams requested an update on Cypress Pool. Parks and Recreation Director Furlo reported that there were issues with a contractor error and design problems. He added that these issues will not delay the standard Memorial Day opening date. PUBLIC WORKS CITIZEN ACADEMY Utilizing a PowerPoint presentation, Public Works Director Robert Lewis gave an update about the above referenced item. He also announced the reopening of the Route 32 Bridge over Cypress Swamp on Carolina Road. Referring to the presentation, Vice Mayor Bennett solicited an update on Hosier Road. Public Works Director Lewis said there were some contractor and weather issues. He concluded that work on Babbtown Road and White Marsh Road will begin first and others will follow. 1 City Council Work Session October 5, 2022 Council Member Ward solicited information about mosquito spraying within the City. Public Works Director Lewis advised that spraying is done strategically, while trying to be cognizant of the environment and pollinators. Referring to the presentation, Council Member Butler Barlow asked which night of the Academy will address ditch cleaning. Public Works Director Lewis answered that the topic would be covered two nights. As a follow up, Council Member Butler Barlow inquired about the space available in the class. Public Works Director Lewis advised space was planned for 20, but they will accommodate as many as possible. Referring to the presentation, Mayor Duman asked about the existence of an age limit. Public Works Director Lewis said the age to participate is generally 18, but they students who attend with parents are welcome. 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 the Agricultural Advisory Committee, Clean Community Commission, Early Childhood Development Commission, Hampton Roads Planning District Commission, Historic Landmarks Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Tidewater Youth Services Commission, and Western Tidewater Water Authority; and Council Member Fawcett, on a motion seconded by Council Member Williams, moved that City Council convene in a closed meeting for the above referenced purpose, 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 4:41 p.m. The Closed Meeting concluded at 4:50 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 2 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 8 City Council Work Session October 19, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 19, 2022, 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 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 PLANNING AND COMMUNITY DEVELOPMENT UPDATE Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne offered information regarding the above referenced item. Referring to the presentation, Council Member Goldberg opined about the department’s process when staff members are out of the office. Interim Planning and Community Development Director Wyne explained that in the past, the department was understaffed. He added that that with the addition of new employees, staff members share work assignments with their supervisors in order to provide service in their absence. Referring to the presentation, Council Member Goldberg called for information about the cost of inspections. Interim Planning and Community Development Director Wyne reported that individuals are required to pay a fee for each inspection. Referring to the presentation, Vice Mayor Bennett inquired about the impact of teleworking on the department’s efficiency. Interim Planning and Community Development Director Wyne said that efficiency has increased with the implementation of the teleworking. Referring to the presentation, Vice Mayor Bennett queried about the process when an individual’s builds a structure without a permit. Interim Planning and Community Development Director Wyne stated that in those instances, the individual is issued a violation and the department does work with property owners to achieve compliance. 1 City Council Work Session October 19, 2022 Referring to the presentation, Vice Mayor Bennett asked about the timeline for an individual to address violations of a dilapidated structure. Interim Planning and Community Development Director Wyne explained that generally, those violations are issued on a 14-day cycle, but the department does attempt to work with property owners to find a means to work towards compliance. Referring to the presentation, Council Member Goldberg queried about the authority within the department to approve applications. Interim Planning and Community Development Director Wyne replied that the department head and other designees have the authority to approve applications. Referring to the presentation, Council Member Johnson opined about the permitting process as it relates to flooding and stormwater management. Interim Planning and Community Development Director Wyne stated that the City considers all of those types of issues when considering the permits. He added that the flood plan is in the City’s Unified Development Ordinance and the City complies with all State stormwater regulations. Referring to the presentation, Council Member Williams inquired about the timeline for single-family new construction permits. Interim Planning and Community Development Director Wyne reported that while he could not address that matter specifically, the timeline for issuing permits of that type is usually within 30 days for issuance and two days for inspections. Referring to the presentation, Council Member Williams sought information about any efficiency improvements since the implementation of new software. Interim Planning and Community Development Director Wyne said that staff is better equipped to address the timeline for single-family new construction permits. Council Member Williams asked for a report on the Byrd Road Act. Vice Mayor Bennett requested clarification about the City’s actions as it relates to flooding in existing communities adjacent to new home construction. Interim Planning and Community Development Director Wyne explained that matter would need to be addressed by the Public Works Department’s Traffic Engineering Division. SUFFOLK FIRE AND RESCUE ACCREDITATION OVERVIEW Utilizing a PowerPoint presentation, Fire Chief Michael Barakey, Battalion Chief Nicholas Savage and Master Firefighter Katie Russell offered a synopsis of the above referenced item. CLOSED MEETING As there was no Closed Meeting, the Work Session adjourned at 5:34 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 2 City Council Regular Meeting October 19, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 19, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Bennett Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Goldberg offered the Invocation, and the members of the Boy Scout Troop #1 led the Pledge of Allegiance. APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the minutes from the April 20, 2021, 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 Mayor Duman announced that a motion was in order to amend the agenda to move Special Presentation – United Way 2022 Community Cares Awards Presentation to the City of Suffolk to the Staff Reports portion of the agenda. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to amend the agenda to move Special Presentation – United Way 2022 Community Cares Awards Presentation to the City of Suffolk to the portion of the agenda entitled Staff Reports, 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 1 City Council Regular Meeting October 19, 2022 SPECIAL PRESENTATIONS Special Presentation – A proclamation in recognition of “National Community Planning Month” Mayor Duman presented the above referenced proclamation to Interim Planning and Community Development Director Kevin Wyne and Planning Commission Chair Arthur Singleton, who offered brief remarks. Special Presentation - United Way 2022 Community Cares Award Presentation to the City of Suffolk This item was moved to the portion of the agenda entitled Staff Reports. 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, moved to adopt 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 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 funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the City of Suffolk Department of Parks and Recreation Consent Agenda Item #9 - An ordinance to enter into a cable franchise agreement with Shenandoah Cable Television, LLC Referring to Consent Agenda Items #7 through #9, City Manager Moor provided a summation of the background information as printed in the official agenda. 2 City Council Regular Meeting October 19, 2022 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve Consent Agenda Items #7 through #9, 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 PUBLIC HEARINGS Public Hearing – An ordinance to enter into a cable franchise agreement with Shenandoah Cable Television, LLC Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes offered a presentation of the background information as printed in the official agenda. Chris Kyle, no address provided, Harrisonburg, Virginia, representing Shenandoah Cable Television, LLC, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO ENTER INTO A CABLE FRANCHISE AGREEMENT WITH SHENANDOAH CABLE TELEVISION, LLC Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 5, Subdivision, Section 3 l-506(b)(2), Minor Subdivision, Appendix A, Definitions, and Appendix B, Submission Requirements, B-9, Final Plats or Site Plans; OTA2022-002 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne submitted a report of the background information as printed in the official agenda. Jesse Johnson, Jr., 3508 Robbs Drive, representing self, spoke in support of continuing consideration of the proposed ordinance. Mayor Duman inquired about the process to consider continuing the proposed ordinance. City Attorney Hutchings explained that prior to taking any action on the proposed ordinance, the public hearing must closed first. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett moved to continue the public hearing on the proposed ordinance for 60 days. City Attorney Hutchings in order to schedule a public hearing for the proposed ordinance, the motion must be date specific. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing for the proposed ordinance to the December 21, 2022, City Council meeting. 3 City Council Regular Meeting October 19, 2022 Referring to the proposed ordinance, Council Member Johnson called for clarification about the dissemination of the proposed ordinance to the Agriculture Advisory Committee. Interim Planning and Community Development Director Wyne said that the proposed ordinance has been shared with the Agriculture Advisory Committee. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing for the proposed ordinance to the December 21, 2022, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, Ward and Williams 6 NAYS: Council Members Butler Barlow and Johnson 2 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution – A resolution adopting the 2023 Legislative Agenda for the City of Suffolk Utilizing a PowerPoint presentation, Senior Administrative Analyst Randah Gaitan supplied a review of the background information as printed in the official agenda. She provided the following changes in the proposed resolution pertaining to public safety – amendment: “flexibility to engage other qualified professionals to provide transportation and oversight to during the handing of mental health patients through local government contracts, or any other means, should be evaluated to reduce demands placed upon local police forces.” and additional language: “During the 2022, General Assembly Session, Senate Bill 581 passed; the bill required a work group to convene to assess the fees charged to an inmate and report the findings by December 1, 2022. The City is in opposition to any amendments to the current fee/commission structure of local or regional jail inmates; fees/commissions include those related to the cost of the inmate’s keep, work release, participation in education or rehabilitative programs, telephone services, commissaries, and electronic visitation systems. Amendments to the fee structure will place an unnecessary burden upon the localities who share financial responsibility of local and regional jails, and should be replaced with revenue neutral sources if amendments are recommended.” Council Member Fawcett, on a motion seconded by Council Member Williams, move to approve the resolution, as amended, with the language as outlined above, 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 ADOPTING THE 2023 LEGISLATIVE AGENDA FOR THE CITY OF SUFFOLK 4 City Council Regular Meeting October 19, 2022 STAFF REPORTS Special Presentation - United Way 2022 Community Cares Award Presentation to the City of Suffolk (This item was moved to Staff Reports under the section of the agenda entitled Approval of the Minutes.) Jacob Peterson, Vice President, Resource Development and Corporate Social Responsibility, and Phil Damuth, Volunteer, United Way of South Hampton Roads, presented the above referenced award to Mayor Duman. MOTIONS Motion – A motion to schedule a City Council Work Session, for Wednesday, November 2, 2022, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, November 2, 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 Tim Palmer, 2019 Meade Parkway, representing Western Tidewater Free Clinic, reported on the activities of their organization. Thomas Woodward, 227 North Main Street, representing self, opined about public safety in the downtown area. NEW BUSINESS There were no items under this portion of the agenda. 5 City Council Regular Meeting October 19, 2022 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Interim Director Jennifer Moore provided a report on the following: the Finance Department’s receipt of the Government Finance Officers Association’s Award for Excellence in Financial Reporting for the Annual Comprehensive Financial Report for Fiscal Year 2021; the Human Resources Department’s City Employees Milestone Awards Luncheon; the Hampton Roads Fire Academy Class 42 Graduation; the ribbon cutting for Da’lish; the dedication ceremony for the Curtis R. Milteer, Sr. Recreation Center; the regulations for trick-or-treating on Halloween; the Downtown Suffolk Trick or Treat event hosted by the Downtown Business Association; the Drive-Thru Trunk or Treat event hosted by the Suffolk Office on Youth; the Friday Night Frights at the Suffolk Center for the Cultural Arts event; the 2022 Suffolk Art League’s Annual Juried Exhibition; the ¡Vamos a Bailer! event at the Planter’s Club; the State’s Driver Motor Vehicle’s Connect event at the East Suffolk Recreation Center; (RE) Stored Pop-Up Shops event on Small Business Saturday; the Do It Yourself Terrarium Work Shop at the East Suffolk Recreation Center and the Recycling Drive and Tire Amnesty Day. Council Member Williams extended his condolences to the family of the late Reverend Dr. Vaurice Chambers. Council Member Williams said he attended the Human Resources Department’s City Employees Milestone Awards Luncheon. Council Member Williams requested the installation of temporary decorative light poles on Liberty Street. Council Member Williams reported various property maintenance concerns in the Culloden Street area. Council Member Goldberg announced he attended a recent meeting of the Hampton Roads Workforce Center. Council Member Ward extended his condolences to the family of the late Reverend Dr. Vaurice Chambers. Council Member Ward queried about the City’s street naming policy. Council Member Butler Barlow acknowledged the members of the Boy Scout Troop #1, who led the Pledge of Allegiance. Council Member Butler Barlow opined about the ongoing harvest. Council Member Butler Barlow reported that she attended meetings of the Greater Oakland and Chuckatuck Eclipse Hobson Civic meetings. Council Member Johnson acknowledged the members of the Boy Scouts Troop #1, who led the Pledge of Allegiance. Council Member Johnson acknowledged the Finance Department’s receipt of the Government Finance Officers Association’s Award for Excellence in Financial Reporting for the Annual Comprehensive Financial Report for Fiscal Year 2021. 6 City Council Regular Meeting October 19, 2022 Council Member Johnson recognized the Planning and Community Development’s Department receipt of the proclamation in recognition of “National Community Planning Month”. Council Member Johnson expressed his appreciation to the Suffolk Police Department for their efforts to reduce speeding on Route 58. Council Member Johnson opined about the Public Works Department’s Citizen Academy. Council Member Fawcett announced he attended the Human Resources Department’s City Employees Milestone Awards Luncheon. Council Member Fawcett opined about the United Way of South Hampton Roads. Council Member Fawcett acknowledged the Finance Department’s receipt of the Government Finance Officers Association’s Award for Excellence in Financial Reporting for the Annual Comprehensive Financial Report for Fiscal Year 2021. Council Member Fawcett opined about the services provided by the Western Tidewater Free Clinic. Council Member Fawcett opined about the Suffolk Fire and Rescue Department. Council Member Fawcett acknowledged the members of the Boy Scout Troop #1, who led the Pledge of Allegiance. Council Member Fawcett extended his condolences to the family of the late Reverend Dr. Vaurice Chambers. Vice Mayor Bennett opined about the Human Resources Department’s City Employees Milestone Awards Luncheon. Vice Mayor Bennett reported speeding and flooding issues in the Hosier Road area. Vice Mayor Bennett reported truck traffic concerns in the Suffolk Meadows area. Vice Mayor Bennett opined about the need for road striping on Nansemond Parkway to the City of Chesapeake boarder. Vice Mayor Bennett announced he attended the 20th Anniversary Celebration of Suffolk Christian Fellowship Center. Vice Mayor Bennett opined about the Suffolk Fire and Rescue Department. Vice Mayor Bennett encouraged residents to attend the dedication ceremony for the Curtis R. Milteer, Sr. Recreation Center. Mayor Duman extended his condolences to the family of the late Reverend Dr. Vaurice Chambers. Mayor Duman extended his condolences to the family of the late Al Scott. 7 City Council Regular Meeting October 19, 2022 Mayor Duman opined about the Peanut Fest and Shrimp Feast. Mayor Duman reported he attended the Da’Lish and Digital Realty ribbon cuttings. Mayor Duman announced he attended the Human Resources Department’s City Employees Milestone Awards Luncheon. Mayor Duman acknowledged the members of the Boy Scout Troop #1, who led the Pledge of Allegiance. Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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 7:55 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 8 AGENDA: May 3, 2023, Regular Session ITEM: Special Presentation – A proclamation in recognition of “National Police Week” The Suffolk Police Department has requested a proclamation in recognition of ”National Police Week,” May 14, 2023, through May 20, 2023, in conjunction with this observance throughout the Commonwealth of Virginia and the United States. Chief Alfred Chandler will be present to receive the proclamation. AGENDA: May 3, 2023, Regular Session ITEM: Special Presentation – A proclamation in recognition of “National Public Works Week” Public Works has requested City Council to designate May 21, 2023 through May 27, 2023 as “National Public Works Week” in conjunction with this observance throughout the Commonwealth of Virginia and the United States. Public Works Director, Robert E. Lewis, will be present to receive the proclamation. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: May 3, 2023, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport The City has received $4,181.62 in funding from the Commonwealth of Virginia Department of Aviation in support of the Suffolk Executive Airport for Fiscal Year 2022-2023. The funding will be used to assist with the replacement of a fuel transfer pump for the generator that services runway lights. Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Aviation Facilities Fund for Fiscal Year 2022-2023. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Aviation Facilities Fund budget by $4,181.62 for the above-noted purpose and requires $1,045.40 in local fund support which is provided for in the FY 2022-2023 Aviation Facilities Fund budget. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Grant Award Notification AGENDA: May 3, 2023, Regular Session ITEM: Consent Agenda -A resolution to authorize the City Manager to enter into agreements with the localities of Region 5 for purposes of obtaining grant funding from the Virginia Opioid Abatement Authority Staff is requesting authorization from City Council to enter into agreements with the localities of Region 5 of the Department of Behavioral Health and Developmental Services. In doing so, the localities will be be eligible to pursue grant opportunities from the Virginia Opioid Abatement Authority (OAA), which provides for the abatement and remediation of the opioid epidemic in the Commonwealth through financial support in the form of grants, donations, and other assistance. RECOMMENDATION: Adopt the attached Resolution ATTACHMENT: Resolution AGENDA: May 3, 2023, Regular Session ITEM: Public Hearing - A public hearing to receive public comment on the Proposed Fiscal Year 2023-2024 Citywide effective real estate tax increase due to reassessment of 12.51% In accordance with State Code Section 58.1-3321, relative to the annual reassessment of real property, the City Council is required to hold a public hearing to receive public comment regarding the proposed Citywide effective property tax increase which exceeds 1% due to reassessment for the fiscal year 2023-2024. The total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year’s total assessed value of real property by 12.51% Citywide. The current tax levy at a rate of $1.09 per $100 of assessed value is proposed to remain unchanged for the fiscal year 2023-2024. The public hearing has been properly advertised. RECOMMENDATION: Conduct the public hearing. The ordinance to effectuate the real estate rate for Fiscal Year 2023- 2024 is included on tonight’s agenda for adoption. ATTACHMENT: Public Hearing Advertisement NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE The City Council of the City of Suffolk will conduct a public hearing on Wednesday, May 3, 2023, at 6:00 p.m., on the Proposed Real Property Tax Increase for fiscal year 2023-2024, which commences on July 1, 2023, and ends on June 30, 2024. The public hearing will be conducted in the Council Chambers, City Hall, 442 West Washington Street, Suffolk, Virginia. Any citizen of the City shall have the right to attend and state his/her views on the following proposed increase to real property tax levies. The City of Suffolk proposes to increase property tax levies. 1. Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year’s total assessed value of real property by 12.51 percent Citywide. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $.978 per $100 of assessed value. This rate will be known as the “lowered tax rate.” 3. Effective Rate Increase: The City of Suffolk proposes to adopt a tax rate of $1.09 per $100 of assessed value Citywide for Real Property Tax. The difference between the lowered tax rate and the proposed rate would be $.112 per $100 or 10.23 percent. This difference will be known as the “effective tax rate increase.” Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget for the City of Suffolk will exceed last year’s budget by 15.2 percent. A public hearing on the increase will be held on Wednesday, May 3, 2023, beginning at 6:00 p.m. in the Council Chambers, City Hall, 442 W. Washington Street, Suffolk, Virginia. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedure to participate in a City program, service, or activities, should contact the City Manager at 757-514-4012. AGENDA: May 3, 2023, Regular Session ITEM: Ordinances - Adoption of the proposed Operating and Capital Budget for Fiscal Year 2023-2024 and related ordinances as amended In accordance with State Code Section 15.2-2506, the City Council held a public hearing on Wednesday, April 19, 2023, to receive public comment regarding the proposed operating and capital budget and related ordinances. Also, in accordance with State Code Section 58.1-332 I, the City Council will hold a public hearing on Wednesday, May 3, 2023, to receive public comment on the proposed Citywide effective real estate tax increase due to reassessment. The attached ordinances have been prepared reflecting the City Manager's Proposed Fiscal Year 2023-2024 Operating and Capital Budget. RECOMMENDATION: The ordinances to effectuate the Fiscal Year 2023-2024 Operating and Capital Budget are presented for adoption. ATTACHMENTS: Budget Related Ordinances: • An Ordinance approving the City Budget and appropriating funds for expenditures contemplated during the Fiscal Year beginning July l, 2023 and ending June 30, 2024, and regulating the payment of money out of the City Treasury as amended • An Ordinance levying real property taxes for the Tax Year beginning July I, 2023 and ending June 30, 2024, following the April 19, 2023 and May 3, 2023 Public Hearings adopting 12.51% increase in the Citywide Assessment • An Ordinance to provide taxpayers with Real Estate Tax Relief in the form of a credit in the amount of two cents ($.02) per one hundred dollars ($ I00) of assessed value to be applied to each semi-annual real estate tax bill issued for Fiscal Year 2023-2024 as authorized by Virginia Code Sections 15.2-950 and 15.2-940 • An Ordinance to levy taxes on all tangible personal property not either exempt from taxation or otherwise taxed for the 2023 and 2024 tax years • An Ordinance to apply an assessment ratio to the value of certain cars and trucks as authorized by Section 58. l-3503(B) of the Code of Virginia for the calendar tax year beginning January I, 2023 • An Ordinance adopting a fee schedule for the City of Suffolk as amended • An Ordinance approving new positions, pay grades, pay grade changes and job descriptions regarding the FY 2023-2024 Operating and Capital Budget and the City's Compensation and Classification Plan • An Ordinance to provide for a cost of living adjustment of 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 Appointees • An Ordinance to transfer funds from the General Fund to the Suffolk Taxing District Fund • An Ordinance to appropriate funds from the Cemetery Fund Restricted Fund Balance for the Holly Lawn Cemetery Improvements Project ORDINANCE NUMBER ----- AN ORDINANCE LEVYING REAL PROPERTY TAXES FOR THE TAX YEAR BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024, FOLLOWING THE APRIL 19, 2023, AND MAY 3, 2023, PUBLIC HEARINGS ADOPTING 12.51 % INCREASE IN THE CITYWIDE ASSESSMENT BE IT ORDAINED by the Council of the City of Suffolk, Virginia, as follows: Section 1: (a) A tax for the 2023-2024 Tax Year is levied and the rate fixed at $1.09 per $100 of assessed valuation of all taxable real property in the City. In accordance with State Code Section 5 8.1-3321 relative to the annual reassessment of real property and State Code Section 58.1-3007 relative to local tax levy, public hearings regarding proposed real property tax increase of 1% or more due to reassessment for fiscal year 2023-2024 were held on April 19, 2023, and on May 3, 2023. (b ) A special service district tax, in addition to those taxes levied in paragraph (a) herein, for the 2023-2024 Tax Year, is levied and the additional rate set at $.24 per $100 of assessed valuation of taxable real property in the Route 17 Special Taxing District. (c) A special service district tax, in addition to those taxes levied in paragraph (a) herein, for the 2023-2024 Tax Year, is levied and the additional rate set at $.105 per $100 of assessed valuation of taxable real property in the Downtown Business Overlay Taxing District. Section 2: The total tax levy rates of $1.33 per $100 of assessed valuation in the Route 17 Special Taxing District, $1.195 per $100 of assessed valuation in the Downtown Business Overlay Taxing District and $1.09 per $100 of assessed valuation on the City Wide District shall be accounted for as follows: Route 17 Downtown Business City Wide Taxing District Overlay Taxing District Rate per $100 Rate per $100 Rate per $100 General Fund $1.09 $1.09 $1.09 Taxing District- Operations and .00 .24 .105 Debt Total $1.09 $1.33 $1.195 Section 3: This ordinance shall be effective for the 2023-2024 Tax Year, all prior actions setting the real estate tax rate to the contrary notwithstanding. Section 4: This ordinance shall be effective on its passage and shall not be published. ORDINANCE ---------- AN ORDINANCE TO PROVIDE TAXPAYERS WITH REAL ESTATE TAX RELIEF IN THE FORM OF A CREDIT IN THE AMOUNT OF TWO CENTS ($.02) PER ONE HUNDRED DOLLARS ($100) OF ASSESSED VALOE TO BE APPLIED TO EACH SEMI-ANNUAL REAL ESTATE TAX BILL ISSUED FOR FISCAL YEAR 2023-2024 AS AUTHORIZED BY VIRGINIA CODE SECTIONS 15.2-950 AND 15.2-940 WHEREAS, Virginia Code Section 15.2-950 provides that a locality may make appropriations for the support of the locality, the performance of its functions, and the accomplishment of all other lawful purposes and objectives; and, WHEREAS, Virginia Code Section 15.2-940 provides that a locality may expend funds from the locally derived revenues of the locality for the purpose of promoting the resources and advantages of the locality; and, WHEREAS, real property in the City has been assessed for taxation for the fiscal year beginning July 1, 2023, and ending June 30, 2024, and real estate taxes will be levied and collected for that fiscal year based on that assessment. By law, local real estate assessments must reflect 100% of a property's fair market value; and, WHEREAS, due to a sharp spike in real estate values, assessments of real property in the City are substantially higher than recent years; and, WHEREAS, the City Council of the City of Suffolk desires to alleviate the tax impact of such increased real property assessments to taxpayers by means of a temporary real estate tax relief program enacted pursuant to Virginia Code Section 15.2-950 and 15.2-940. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: I) Taxpayers to receive tax relief. In the fiscal year beginning July 1, 2023, and ending June 30, 2024, all owners of Qualified Properties shall receive real estate tax relief in the form of credits equal to two cents ($0.02) per each $100 of the assessed value of such Qualified Property (each such credit referred to hereafter as a "Relief Credit"). For the purpose of this ordinance, a Qualified Property is any parcel of real property separately assessed for real estate taxation by the City in the fiscal year beginning July 1, 2023, and ending June 30, 2024, except for any property which is entirely exempt from real estate taxation during that fiscal year or for which no tax bill would otherwise be issued. ORDINANCE NUMBER ------ AN ORDINANCE TO LEVY TAXES ON ALL TANGIBLE PERSONAL PROPERTY NOT EITHER EXEMPT FROM TAXATION OR OTHERWISE TAXED FOR THE 2023 AND 2024 TAX YEARS BE IT ORDAINED by the Council of the City of Suffolk,Virginia: Section 1: A tax levy for the tax years beginning January 1,2023,and January I,2024,is fixed at$4.25 per$ I00 of assessed value on all tangible personal property as classified in Virginia Code Sections 58.1-3503,58.1-3505,and subsections 6,8,11,13,14, 15,16,17,19,2�22,23,24,26,27,31,32,33,34,37,3t39,4�41,42,43,4� 45, 46, and 48 of Virginia Code Section 58. l-3506(A), unless otherwise exempt from taxation or otherwise taxed. Section 2: A tax levy for the tax years beginning January 1,2023,and January l,2024,is fixed at $3.15 per $l00 of assessed value on all machinery and tools as classified in Virginia Code Section 58.1-3507, subsections 7, 9, 21 and 25 of Virginia Code Section 58.l-3506(A), Virginia Code Sections 58.1-3508, 58.1-3508.1, 58.1- 3508.2,58.1-3508.3,58.1-3508.4,58.1-3508.5,and 58.1-3508.6,unless otherwise exempt from taxation or otherwise taxed. Section 3: A tax levy for the tax years beginning January 1,2023,and January l,2024,is fixed at $1.50 per $l00 of assessed value on all boats and recreational vehicles, as classified by Virginia Code Section 58.1-3506(A) l.a.,l.b.,12, 18, 28,29,30,35 and 36 and 47. Section 4: A tax levy for the tax years beginning January 1,2023,and January 1,2024,is fixed at$0.58 per$100 of assessed value on all airplanes,as classified by Virginia Code Section 58.l-3506(A) 2,3,4 and 5. Section 5: A tax levy for the tax years beginning January 1,2023,and January 1,2024,is fixed at a basic rate of$ I.09 per$ I00 of assessed value; at$1.33 per$l00 of assessed value in the Route 17 Taxing District; and at$1.195 per$100 of assessed value in the Downtown Business Overlay Taxing District on all mobile homes,as classified by Virginia Code Section 58.1-3506 (A) 10. Section 6: Certain farm animals, certain grains, agricultural products, farm machinery, farm implements and equipment as classified by Virginia Code Section 58.1-3505 A.l through A.7, A.9, and A. IO shall be exempt from personal property taxation as provided for by Virginia Code Section 58. 1-3505 (B). Section 7: That State Code references in Sections 1 - 6 of this ordinance shall be taken to refer to the equivalent provisions in any 2023 amendments by the General Assembly made prior to the effective date of this ordinance. ORDINANCE NUMBER _____________ AN ORDINANCE TO PROVIDE FOR A COST OF LIVING ADJUSTMENT OF 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 APPOINTEES WHEREAS, the City Council has determined that a 5% cost of living adjustment be provided 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 Appointees. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Suffolk, Virginia, that all full-time and regular part-time city employees, grant employees, the Registrar and their employees, Constitutional Officers and their employees, and City Council Appointees, shall receive a 5% cost of living salary increase. BE IT FURTHER ORDAINED that the 5% cost of living adjustment shall be effective with the first paycheck in July 2023. BE IT FURTHER ORDAINED that the ordinance shall be effective on July 1, 2023, and shall not be published. READ AND PASSED: ________________________________ TESTE: _____________________________________________ Erika S. Dawley, City Clerk Approved as to Form: _______________________________________ William E. Hutchings, Jr., City Attorney AGENDA: May 3, 2023, Regular Session ITEM: Resolution - A resolution to adopt the Fiscal Year 2023-2024 Annual Action Plan for the City of Suffolk's Community Development Block Grant Program (CDBG) and the Western Tidewater Home Consortium Home Investment Partnership Grant Program (HOME) As a recipient of funding from the U. S. Department of Housing and Urban Development (HUD), the City of Suffolk is required to prepare and submit an Annual Action Plan outlining proposed expenditures for Community Development Block Grant (CDBG) funds and HOME Investment Partnership (HOME) for the 2023-2024 Fiscal Year. The FY 2023-2024 Annual Action Plan will serve as a strategic planning document pertaining to the community development and housing needs of the low to moderate income families and individuals residing in the City of Suffolk and the geographically contiguous member jurisdictions that make up the Western Tidewater Home Consortium (WTHC); this includes the cities of Suffolk and Franklin and the counties of Isle of Wight and Southampton. The City of Suffolk serves as the Lead Agency for the WTHC and is responsible for the administration of the CDBG and HOME program funds. This Action Plan specifies how the City and WTHC will utilize the CDBG and HOME Grant funds received in support of the 2023-2024 program year. The FY 2023-2024 Annual Action Plan proposes to allocate $496,361.00 in CDBG funds and $426,831.00 in HOME funds in support of certain activities designed to primarily benefit low to moderate income persons. A summary of the proposed CDBG and HOME program allocations is attached for your reference. BUDGET IMPACT: Subsequent to the adoption of the FY 2023-2024 Annual Action Plan, staff will bring foiward for City Council's consideration a separate ordinance to accept and appropriate CDBG and HOME funds. This resolution is based on the final FY 2023-2024 CDBG and HOME allocations received from the U.S. Department of Housing and Urban Development (HUD). Funds will be incorporated into the adopted FY 2023-2024 Operating and Capital Budgets. The required 25% match for the HOME grant will be achieved through in-kind contributing provided by the HOME grant recipients. RECOMMENDATION: Adoption of the resolution is recommended ATTACHMENTS: Summary of Proposed CDBG and HOME Projected Allocation of Funds Resolution A motion to schedule a City Council Work Session, for Wednesday, May 17, 2023, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments

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