City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF AUGUST 7, 2024 WORK SESSION Begins at 4:00 p.m. REGULAR SESSION Begins at 6:00 p.m.  SUFFOLK CITY COUNCIL WORK SESSION August 7, 2024 4:00 p.m. City Council Chamber 1. Village Center (VC) Zoning District Overview 2.* Appointments * Proposed Items for Closed AGENDA: August 7, 2024, Work Session ITEM: Staff Report: Village Center (VC) Zoning District Overview Staff will present an overview of the Village Center (VC) Zoning District and outline recommendations related to modifications City Council may consider to address potential adverse impacts to neighborhoods and existing properties within the zoning district throughout the City. Attached, please find a report outlining the issues and staff recommendations.  STAFF REPORT DESCRIPTION REPORT ON THE VILLAGE CENTER (VC) ZONING DISTRICT: At your February 7, 2024 meeting, City Council directed staff to evaluate the Village Center Zoning District setbacks and any resulting adverse impacts the setbacks may have to abutting properties or neighborhood character report back findings. Staff has reviewed the setbacks in the district, of which analysis is provided below. STAFF ANALYSIS ISSUE AND OTHER CONSIDERATIONS As outlined within the Unified Development Ordinance, the VC district provides a mix of concentrated downtown civic, retail, service, office and residential uses in the traditional town centers of Holland and Whaleyville, as well as other traditional centers throughout the City. Urban design standards have been established to protect property values, to maintain a rural village scale, to promote pedestrian activity and to preserve the unique character of these areas. Pedestrian circulation and common parking areas are encouraged. Currently, the VC zoning district does not have a minimum front yard or minimum side yard setback requirement. This closely aligns with the Central Business District (CBD) that is found in the City’s downtown core. The absence of setback requirements for side and rear yards in the VC district is aimed to preserve traditional village and town design while offering a pedestrian friendly environment at a more urban scale with respect to the rural settings surrounding these communities. Another dimensional requirement contained in the zoning ordinance that aims to achieve this a more urban-like environment, is the relatively small minimum lot size requirement of 5,000 square feet. This area aligns with the size of many of the lots already platted in our village centers; however, is far less than the minimum lot standards found within the City’s traditional single family zoning districts (not including the smaller lots sized permitted through utilization of the cluster pattern). While the absence of setbacks in these areas may benefit the variety of commercial uses that are permitted in the Village Center zoning district, the absence of side setbacks for single family residential in the district does not necessarily align with the development patterns established within these areas for new residential development. One approach that could be implemented to address this issue would be creating a minimum front and side setback for residential development in the VC. Under this approach, residential development in the VC district would have a minimum 20 foot front setback, a minimum 7.5 foot side setback, and a minimum 10 foot rear setback. Another concern expressed has been the scale of newly built structures. It is perceived that the newly built structures are out of scale with the existing structures. Currently, the VC zoning City Council August 7, 2024 VC Staff Report Page 2 of 3 district has a maximum building height of 45 feet and no maximum impervious surface ratio. This allows for relatively large structures to be built within the district. Many of the older, existing structures are one story in height and are modest in their footprint on the lots. The potential changes could also include a maximum building height of 35 feet and a maximum impervious cover ratio of 50 percent. The building code requires positive drainage away from the foundation of newly constructed buildings. Often, these in-fill lots are raised in order to meet these requirements. This occasionally results in drainage impacts to adjacent property. Having additional setbacks and a maximum impervious surface ratio could help reduce these impacts. Here’s what the dimensional table currently looks like (with the CBD and RC zoning districts added for comparison). Current Min Frontage Impervious Max Building Min Lot Size Max Density Floor Area Min Lot Max Lot Min Front Max Front Min Side Min Rear Ratio Surface Ratio Height Setback Setback Width Width Setback Setback Zoning District CBD — 40 6 — — — — — — 20 — — VC 5,000 8 2 — — — — 45 — 30 — — RC 6,000 7.3 0.35 0.5 30 60 100 45 20 35 5 10 Here’s what the dimensional table might look like for the VC zoning district with the proposed changes. Proposed Min Frontage Impervious Max Building Min Lot Size Max Density Floor Area Min Lot Max Lot Min Front Max Front Min Side Min Rear Ratio Surface Ratio Height Setback Setback Width Width Setback Setback Zoning District VC 5,000 8 0.35 0.5 — — — 35 20 30 7.5 10 (residential) VC 5,000 — 2 — — — — 45 — 15 — — (commercial) There have been some concerns expressed about septic systems in some areas. Currently, septic systems are not required to meet any zoning setbacks. Their location on the lot is determined by the property owner in conjunction with the Health Department. In some areas, mound systems are being utilized as part of the septic system. These systems feature an engineered drain field for treating wastewater and are an alternative to the traditional septic system drain field. They are used in areas where traditional septic systems are prone to failure from extremely permeable or impermeable soils, soil with the shallow cover over porous bedrock, and terrain that features a high water table. These systems tend to be much more visible and can be more obtrusive than City Council August 7, 2024 VC Staff Report Page 3 of 3 traditional septic systems. An additional change that could be implemented to mitigate these impacts would be to require these systems to be set back from any structures a minimum of 10 feet and to meet the required zoning setbacks along the property lines; however, this may not be feasible due to the functional requirements. This issue will need further research. FUTURE CONSIDERATIONS One of the proposed recommended actions in the Suffolk2045 Comprehensive Plan is to update the village initiative plans which were initially done about 20 years ago. An update of these plans will provide additional guidance for mechanisms that could be utilized to preserve the unique character of these areas. These areas could be enhanced with the creation of a culturally significant area design overlay for each area which could be implemented to conserve and protect these areas. This may involve looking at each village uniquely and creating zoning that works for each one separately. NEXT STEPS Should Council wish to act on modifications discussed, they may direct staff to work with the Committee on Ordinances to create some amendments to the zoning requirements in the VC zoning districts for consideration by Planning Commission and City Council. Once the Suffolk2045 Comprehensive Plan, is adopted, staff can begin the process of updating the village initiative plans.  SUFFOLK CITY COUNCIL AGENDA August 7, 2024 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentation – Silver Telly Award recognition for City video production 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 additional funding from the Virginia Department of Transportation Urban Maintenance Program for public roadway maintenance 8. Consent Agenda - An ordinance to accept and appropriate Fiscal Year 2024- 2025 Community Development Block Grant and Home Investment Partnership Program funding from the U.S. Department of Housing and Urban Development 9. Consent Agenda - A resolution to accept a donation of personal property for the Suffolk Department of Fire & Rescue 10. Public Hearing 11. Ordinance 12. Resolutions 13. Staff Reports – Live Entertainment and Nightclub Overview 14. Motion - A motion to schedule a City Council Work Session for Wednesday, August 21, 2024, at 4:00 p.m., unless canceled by the Mayor and City Manager 15. Non-Agenda Speakers 16. New Business 17. Announcements and Comments 18. Adjournment City Council Regular Meeting May 1, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 1, 2024, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector 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 Butler Barlow 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 May 1, 2024, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MAY 1, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting May 1, 2024 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the minutes from the March 6, 2024, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “National Police Officer Memorial Week” Mayor Duman presented the proclamation to Interim Police Chief James Buie, who offered brief remarks. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA City Manager Moor announced the following items needed to be added to the Ordinances portion of the agenda: “an ordinance authorizing payment of Police Officer bonuses” and “an ordinance to amend the annual salaries for Constitutional Officers and City Council Appointees”. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to amend the agenda to add the aforementioned items under the Ordinances portion of the agenda. Referring to the motion, City Clerk Dawley called for clarification about inclusion of the adoption of the remainder of the agenda. Mayor Duman replied in the affirmative. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to amend the agenda to add the aforementioned items under the Ordinances portion of the agenda and adopt the remainder of the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA There were no items under this portion of the agenda. 2 City Council Regular Meeting May 1, 2024 PUBLIC HEARINGS Public Hearing – A public hearing to receive public comment on the Proposed Fiscal Year 2024-2025 Citywide effective real estate tax increase due to reassessment of 2.86% Utilizing a PowerPoint presentation, Finance Director Charles Meek submitted a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Mayor Duman announced that action regarding this item would be taken under the Ordinances portion of the agenda. ORDINANCES Ordinance - Adoption of the proposed Operating and Capital Budget for Fiscal Year 2024-2025 and related ordinances, as amended Utilizing a PowerPoint presentation, Finance Director Meek offered a synopsis of the background information as printed in the official agenda. City Clerk Dawley clarified that a motion to approve the Operating and Capital Budget for Fiscal Year 2024-2025 and related ordinances, as amended, should include the following items: “an ordinance authorizing payment of Police Officer bonuses” and “an ordinance to amend the annual salaries for Constitutional Officers and City Council Appointees”. Council Member Fawcett, on a motion seconded Council Member Butler Barlow, moved to approve the aforementioned ordinances, as amended, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE APPROVING THE CITY BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025, 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 1, 2024, AND ENDING JUNE 30, 2025, FOLLOWING THE APRIL 17, 2024, AND MAY 1, 2024, PUBLIC HEARINGS ADOPTING 2.86% INCREASE IN THE CITYWIDE ASSESSMENT, AS AMENDED AN ORDINANCE TO LEVY TAXES ON ALL TANGIBLE PERSONAL PROPERTY NOT EITHER EXEMPT FROM TAXATION OR OTHERWISE TAXED FOR THE 2024 AND 2025 TAX YEARS AN ORDINANCE ADOPTING A FEE SCHEDULE FOR THE CITY OF SUFFOLK 3 City Council Regular Meeting May 1, 2024 AN ORDINANCE APPROVING NEW POSITIONS, PAY GRADES, PAY GRADE CHANGES AND JOB DESCRIPTIONS REGARDING THE FISCAL YEAR 2024-2025 OPERATING AND CAPITAL BUDGET AND THE CITY’S COMPENSATION AND CLASSIFICATION PLAN, AS AMENDED AN ORDINANCE TO PROVIDE FOR A COST OF LIVING ADJUSTMENT OF 4% TO ALL FULL-TIME AND REGULAR PART-TIME CITY EMPLOYEES, GRANT EMPLOYEES AND CONSTITUTIONAL OFFICERS’ EMPLOYEES AN ORDINANCE TO REAPPROPRIATE AND TRANSFER FUNDS RECEIVED THROUGH THE AUTOMATED TRAFFIC ENFORCEMENT CAMERA PROGRAM FROM THE ROAD MAINTENANCE FUND RESTRICTED FUND BALANCE TO THE GENERAL FUND COMMUNITY SAFETY PROJECTS COST CENTER AN ORDINANCE AUTHORIZING PAYMENT OF POLICE OFFICER BONUSES AN ORDINANCE TO AMEND THE ANNUAL SALARIES FOR CONSTITUTIONAL OFFICERS AND CITY COUNCIL APPOINTEES RESOLUTIONS Resolution – A resolution authorizing an application process for the selection of the Downtown Advisory Committee Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes gave an overview of the background information as printed in the official agenda. Council Member Rector, on a motion seconded by Council Member Johnson, moved to approve the resolution, as presented. Mayor Duman opined about the feasibility of including the classification of “other” on the applications, as there will be at large members. Deputy City Manager Hughes explained that matter is addressed by the requirement to provide the applicant’s home address. Referring to the presentation, Vice Mayor Ward called for clarification about the role of City Council in the selection of the at large members of the committee. Deputy City Manager Hughes reported that City Council will be making all of the appointments to the committee. Referring to the presentation, Council Member Rector sought information about the format of the application for the committee. Deputy City Manager Hughes said that the application will be available online on the City’s website. Council Member Rector, on a motion seconded by Council Member Johnson, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 4 City Council Regular Meeting May 1, 2024 A RESOLUTION AUTHORIZING AN APPLICATION PROCESS FOR THE SELECTION OF THE DOWNTOWN ADVISORY COMMITTEE Resolution – A resolution to adopt the Fiscal Year 2024-2025 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) Utilizing a PowerPoint presentation, Planning and Community Development Assistant Director Margaret Pittenger provided an overview of the background information as printed in the official agenda. Council Member Rector, on a motion seconded by Council Member Butler Barlow, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 A RESOLUTION TO ADOPT THE FISCAL YEAR 2024-2025 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) STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to cancel the June 19, 2024, City Council Meeting Council Member Fawcett, on a motion seconded by Council Member Williams, moved to cancel the June 19, 2024, City Council Meeting. Referring to the proposed motion, Council Member Fawcett asked about the impact on any items continued to that meeting. City Attorney Hutchings explained that any items would automatically be continued to the next City Council meeting. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to cancel the June 19, 2024, City Council Meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 5 City Council Regular Meeting May 1, 2024 Motion - A motion to schedule a City Council Work Session for Wednesday, May 15, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager Council Member Williams, on a motion seconded by Council Member Johnson, moved to schedule a City Council Work Session for Wednesday, May 15, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Chris Dove, 852 Colonel Meade Drive, representing self, opined about adequate public facilities. Michael Hardy, 2116 Arizona Avenue, representing self, opined about public safety concerns. Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden Eclipse Hobson Historical Civic League, opined about economic recovery. NEW BUSINESS City Clerk Dawley presented the following nomination: Suffolk Clean Community Commission – Robert Rhodes. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to nominate and appoint the aforementioned individual to the respective body, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the appointment of Jennifer Cobb as Community Development Assistant Director; the grand openings for Miss Lilly’s Trading Post, Secret’z Closet Apparel and Accessories and Carter Machinery; Suffolk Skydive’s receipt of the Federal Aviation Administration’s Part 135 Operating Certificate; the speed limit reduction on Bridge Road and the Suffolk Police Department’s Senior Citizen Academy. Council Member Rector reported that he attended the following: the Public Works Citizens Academy; the Lake Prince Woods Wellness Center Grand Opening; the grand opening of Miss Lilly’s Trading Post; the Suffolk Earth and Arts Festival; Riverview Garden Tour; Suffolk Skydive’s receipt of the Federal Aviation Administration’s Part 135 Operating Certificate and the Hampton Roads Workforce Council “20 Under 20” Ceremony. 6 City Council Regular Meeting May 1, 2024 Council Member Williams opined about today’s Joint Work Session with the Planning Commission regarding the 2045 Comprehensive Land Use Plan. Council Member Fawcett opined about today’s Joint Work Session with the Planning Commission regarding the 2045 Comprehensive Land Use Plan. Council Member Fawcett acknowledged the appointment of Jennifer Cobb as Community Development Assistant Director and Suffolk Skydive’s receipt of the Federal Aviation Administration’s Part 135 Operating Certificate. Council Member Fawcett opined about the following: the Shoulder’s Hill Road and Sleepy Hole Road construction project; the efforts of the Suffolk Police Department and Suffolk Fire and Rescue Department; the National Day of Prayer Breakfast; the Portsmouth State of the City and the Lake Prince Woods Wellness Center Grand Opening. Council Member Fawcett reported that he attended the grand opening of Park 216 Apartments. Council Member Butler Barlow opined about today’s Joint Work Session with the Planning Commission regarding the 2045 Comprehensive Land Use Plan. Council Member Bennett called for an update on the Lake Kennedy Voting Precinct. Deputy City Manager Hughes stated that the public hearing on that matter has been scheduled for the May 15, 2024, City Council meeting. Council Member Bennett asked for information on the timeline for the installation of traffic speed cameras on Bridge Road. City Manager Moor explained that at this time, there is no plan to install traffic speed cameras in that area. He added that there are traffic signals in that area to mitigate speeding issues. Council Member Bennett queried about the installation of shot spotter cameras in the Hollywood area. Interim Police Chief James Buie reported that those cameras are in the core area of the City, but he was not sure if there are any in the Hollywood area. Council Member Bennett inquired about the installation of shot spotter cameras at Hoffler Apartments. Interim Police Chief Buie stated that he could provide a list of the location of the shot spotter cameras. Council Member Bennett reported issues with ditches near Nansemond River High School. Council Member Bennett announced he attended the 100th birthday celebration for Thelma Hicks. Council Member Bennett opined about today’s Joint Work Session with the Planning Commission regarding the 2045 Comprehensive Land Use Plan. Council Member Johnson opined about the observance of National Police Officer Memorial Week. Council Member Johnson opined about the ordinance authorizing payment of police officer bonuses. 7 City Council Regular Meeting May 1, 2024 Council Member Johnson opined about today’s Joint Work Session with the Planning Commission regarding the 2045 Comprehensive Land Use Plan. Council Member Johnson announced he attended the grand opening of Miss Lilly’s Trading Post and the Arbor Day event. Vice Mayor Ward opined about today’s Joint Work Session with the Planning Commission regarding the 2045 Comprehensive Land Use Plan. Vice Mayor Ward reported that he attended the grand opening of Miss Lilly’s Trading Post. Mayor Duman announced that he attended the following: the Cypress Chapel Christian Church event; the grand opening of Miss Lilly’s Trading Post; the Suffolk Interdenominational Ministerial Alliance City-wide Revival; the grand opening of Park 216 Apartments; the grand opening of Carter Machinery; the Arbor Day event and the grand opening of Café Davina. Mayor Duman opined about today’s Joint Work Session with the Planning Commission regarding the 2045 Comprehensive Land Use Plan. Mayor Duman opined about the Public Safety Committee meeting. Mayor Duman reported he attended the ACCESS College Foundation Suffolk Donor Luncheon. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 7:51 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 8 City Council Work Session May 15, 2024 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 15, 2024, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None YOUTH SUMMER PROGRAMS Utilizing a PowerPoint presentation, Parks and Recreation Director Mark Furlo gave a report about the above referenced item. Vice Mayor Ward queried about the availability of transportation to the various summer programs. Parks and Recreation Director Furlo said that routes have been offered in the Magnolia and Pughsville areas, but no one has signed up. Vice Mayor Ward opined about the dissemination of information regarding the availability of transportation to the various summer programs. Parks and Recreation Director Furlo stated that staff has provided the information to various civic leagues and offered to attend other community meetings. Referring to the presentation, Vice Mayor Ward inquired about the availability of summer programs for persons with disabilities. Parks and Recreation Director Furlo advised that the City does offer Camp Limitless, which is available for those with disabilities. Referring to the presentation, Vice Mayor Ward asked about the availability of line dance classes at all recreation centers. Parks and Recreation Director Furlo replied that currently line dance classes are not available at all recreation centers, but they can be expanded in the future. Council Member Bennett opined about the dissemination of the City’s Program Guide to area churches. Parks and Recreation Director Furlo reported that the program guides are available in a number of locations in the City. 1 City Council Work Session May 15, 2024 Vice Mayor Ward requested the minimum age for lifeguards at Cypress Park Pool. Parks and Recreation Director Furlo said that 16 years old is the minimum age required for lifeguards at Cypress Park Pool. Vice Mayor Ward queried about notifying high school swimming teams that the City is hiring lifeguards. Parks and Recreation Director Furlo replied in the affirmative. Council Member Bennett asked about the feasibility of a pop-up farmers market on East Washington Street. Deputy City Manager Kevin Hughes reported that information can be provided. Referring to the presentation, Mayor Duman opined about the Summer Cinema program. Parks and Recreation Director Furlo stated the program will be rotating to various locations in the City. TRANSIT UPDATE Public Works Director Robert Lewis introduced Transit Manager Maria Ptakowski. Utilizing a PowerPoint presentation, Transit Manager Ptakowski provided information about the above referenced item. Council Member Williams called for an update on the expansion of transit service to Holland and Whaleyville. Transit Manager Ptakowski stated that the planned expansion of transit service to that area occurs in Fiscal Year 2028, but staff will implement it earlier if it is feasible. Mayor Duman questioned the current state of transit ridership. Transit Manager Ptakowski said that transit ridership has been on the increase after decreasing during the coronavirus pandemic. Mayor Duman inquired about the notification of larger employers about the availability of transit service. Transit Manager Ptakowski replied in the affirmative. Mayor Duman queried about the City’s plan to purchase electric buses. Transit Manager Ptakowski explained that the City currently seeking the best option to purchase two electric buses. Mayor Duman sought clarification about the funding sources for the two electric buses. Transit Manager Ptakowski said that the two electric buses will be purchased with federal and state funds. Referring to the presentation, Council Member Williams asked about the number next to each transit stop. Transit Manager Ptakowski reported that those numbers are for internal tracking purposes. 2 City Council Work Session May 15, 2024 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, Community Policy and Management Team, Early Childhood Development Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Sister Cities Commission, Suffolk Redevelopment and Housing Authority, and the Tidewater Youth Services Commission; and 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, Tax Map number 10*46. 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 Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 City Council convened in Closed Meeting at 4:43 p.m. The Closed Meeting concluded at 5:15 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 AGENDA: August 7, 2024, Regular Session ITEM: Special Presentation – Silver Telly Award recognition for City video production Earlier this year, the City of Suffolk’s Communications Department received notification that their fire training video was nominated and received a “Telly Award”. Founded in 1978, The Telly Awards is the premier award honoring the finest film and video productions, groundbreaking web commercials, videos and films, and outstanding local, regional, and cable TV commercials and programs. Communications Director, Jennifer Moore has prepared a short presentation on the award detail that includes a clip of the award winning video as well as acknowledgment of the video production team that made this award possible. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: August 7,2024, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate additional funding from the Virginia Department of Transportation Urban Maintenance Program for public roadway maintenance The City has received an additional funding allocation in the amount of $926,406.05 from the Virginia Department of Transportation Urban Maintenance Program. The additional funds are the result of changes to the State Urban Maintenance funding formula/adjustments in lane mileage during the past year. The funding will be used to enhance public roadway maintenance throughout the City. Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Road Maintenance Fund for Fiscal Year 2024-2025. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Road Maintenance Fund budget by $926,406.05 for the above-noted purpose and does not require local fund support. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance VDOT Funding Allocation ORDINANCE NUMBER AN ORDINANCE TO ACCEPT AND APPROPRIATE ADDITIONAL FUNDING FROM THE VIRGINIA DEPARTMENT OF 1RANSPORTATION URBAN MAINTENANCE PROGRAM FOR PUBLIC ROADWAY MAINTENANCE WHEREAS, the City has received an additional funding allocation in the amount of $926,406.05 from the Virginia Department of Transportation in support of public roadway maintenance; and, WHEREAS, the funds received need to be accepted and appropriated to the Road Maintenance Fund budget for Fiscal Year 2024-2025 to enhance public roadway maintenance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: 1. The sum of $926,406.05 shall be reflected as budget in the following accounts in the Fiscal Year 2024-2025 Road Maintenance Fund budget: Revenue 210 424030.06 Public Works Street & Highway Maintenance $926.406.05 Expenditure 210-41200 56024 Paving & Construction Supplies $926.406.05 2. The fund amount totaling $926,406.05 is hereby appropriated for use as referenced in this ordinance and the budget approved by Ordinance Number 24-0-041, as amended. The City Manager be, and is hereby authorized and directed to do all things necessary to effectuate this action. 3. This ordinance shall be effective upon passage and shall not be published. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: William E. Hutchings, Jr., City Attorney  COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROM) STREET RICHMOND. VIRGINIA 23219-2000 Stephen C. Brich, P.E. Commissioner July 1,2024 To: Cities and Towns in the Urban System Subject: Street Payments to Cities and Certain Towns under Section 33.2-319 of the Code of Virginia hi accordance with Section 33.2-319 of the Co^e of Virginia, the payment rates per lane mile for street payments have been updated for fiscal year 2024 as follows: Principal/Minor Arterial Roads $29,094.20 per lane mile Collector/Local Streets $17,082.15 per lane mile These rates will be applied to eligible lane mileage for each classification as of July 1,2024. The attached inventory and mileage summaiy reflects any approved adjustments in lane mileage that your municipality submitted to the Department during the past year. While we have made every effort to ensure the accuracy of the inventory, we recommend that you check for omissions and errors, etc., and advise this office of any changes needed. Payments have been approved by the Commonwealth Transportation Board and will be made at tlie end of each quarter of the fiscal year by Electronic Data Interface (EDI). Equipment rental rates can be found via the Blue Book, or rates through FEMA for declared emergencies only. The Rental Rate Blue Book can be found on the Equipment Watch webpage at httD:/7www.eQuiDmentwatch.com/marketing/product/331/remal-rat e-blue-book-equipment- costs. For emergencies, the FEMA Equipment Rates can be found at (http://www.fema.gov/govemment/grant/pa/eqrates.shtni). The cost of the Rental Rate Blue Book purchase can be paid for utilizing maintenance funds. Cities and Towns in the Urban System July 1,2023 Page 2 If you have questions or need additional information, please do not hesitate to contact me at (804) 225-4466. Thank you for your continued partnership. Sincerely, John Leonard Urban Programs Manager Local Assistance Division Enclosure Cc: District Administrators Residency Administrators WE KEEP VIRGINIA MOVING  COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND. VIRGINIA 23219-2000 Stephen C. Brich, P.E. Commissioner July 1,2024 Mr. Patrick Roberts City Manager P. O. Box 1858 Suffolk, Virginia 23434 Municipal Street Additions/Deletions under Section 33.2-319 Of the Code of Virginia City of Suffolk Good Afternoon Under the authority of the above section of the code, the Commonwealth Transportation Board, at its meeting on June 18, 2024 approved the addition and deletion of certain streets eligible for maintenance payments. The approved changes for your locality are as follows; The centerline mileage increased by 5.11 miles from 780.35 miles to 785.46 miles and the lane mileage increased by 10.22 miles from 1,671.72 to 1,681.94 lane miles subject to payment. These additions are to be effective beginning July 1, 2024. Sincerely, John Leonard Urban Programs Manager Local Assistance Division  COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND. VIRGINIA 23219-2000 Stephen C. Brich, P.E. Commissioner July 1,2024 Mr. Patrick Roberts City Manager P. 0. Box 1858 Suffolk, Virginia 23434 Re: Overweight Permit Fee Revenue Payments FY25 Dear Mr. Roberts: As you are aware, the 2012 General Assembly amended sections 46.2-1140.1,46.2-1143, 46.2- 1148 and 46.2-1149.1 authorizing the Commonwealth Transportation Board (CTB) to distribute overweight permit fee revenue based on lane mileage to localities eligible for maintenance payments. The CTB was authorized to begin making such payments for FY14. Your total supplemental payment for fiscal year 2025 will be $6,388.29. These funds will be added to your maintenance payments and will be provided to you in equal quarterly payments beginning in September. If you have any questions or need additional infonnation, please contact me at (804) 225-4466. Sincerely, John Leonard Urban Programs Manager Local Assistance Division AGENDA: August 7,2024, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate Fiscal Year 2024-2025 Community Development Block Grant and Home Investment Partnership Program funding from the U.S. Department of Housing and Urban Development The City has received an award from the U.S. Department of Housing and Urban Development in the amount of $900,172.63 including $519,451 in Community Development Block Grant (CDBG) Program funds and $380,721.63 in Home Investment Partnership Program (HOME) funds. Attached for City Council’s consideration is an ordinance to accept and appropriate $900,172.63 in Community Development Block Grant (CDBG) and HOME Investment Partnership Grant (HOME) funds. In compliance with the approved FY 2024-2025 Annual Action Plan, CDBG funds totaling $519,451 will be used for program administration and program activities that provide services to low-to-moderate income persons and families in the City. HOME funds totaling $380,721.63 will be used for program administration and program activities that provide services to low-to-moderate income persons and families of the Western Tidewater HOME Consortium (WTHC). Suffolk is the lead agency of the WTHC which includes the cities of Suffolk and Franklin and the counties of Isle of Wight and Southampton. Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Consolidated Grants Fund for Fiscal Year 2024-2025. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Consolidated Grants Fund by $900,172.63 for the above-noted purpose and does not require local fund support. The required 25% local match to the HOME grant will be achieved through in-kind contributions provided by HOME grant recipients. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance CDBG and HOME Program Grants Funding Notification ORDINANCE NUMBER AN ORDINANCE TO ACCEPT AND APPROPRIATE FISCAL YEAR 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Suffolk has met all conditions warranting the United States Department of Housing and Urban Development to release its Fiscal Year 2024-2025 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funding; and WHEREAS, while CDBG funds are specific to the City of Suffolk, HOME funds are administered to the geographically contiguous cities and counties that make up the Western Tidewater HOME Consortium including the cities of Suffolk and Franklin and the counties of Isle of Wight and Southampton; and, WHEREAS, the City of Suffolk serves as the Lead Agency for the Western Tidewater HOME Consortium and is responsible for the administration of the CDBG and HOME program grants funds. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: 1. The City of Suffolk hereby accepts and appropriates the Fiscal Year 2024-2025 CDBG and HOME funds from the United States Department of Housing and Urban Development in the amount of $900,172.63 2. The sum of $519,451 shall be reflected as revenue in the Fiscal Year 2024-2025 Consolidated Grants Fund and the following accounts shall be increased accordingly: Revenue 211-81100-202501 432010 CDBG HUD; 24/25 $519.451.00 Expenditure CDBG HUD; 24/25 211-81100-202501_51100.02 Salaries & Wages $ 74,545.12 211-81100-202501_52100 FICA 5,702.70 211-81i00-202501_52210 VRS 13,470.30 211-81100-202501_52400 Group Life 998.90 211-81100-202501_54500 Risk Management 75.18 211-81100-202501_55500 Travel and Training 5,000.00 211-81100-20250L53600 Advertising 4,098.00 211-81100-202501_55601 ForKids, Inc. 15,000.00 211-81100-202501_55654 Genieve Shelter 15,000.00 211-81100-202501_55681 Western Tidewater Free Clinic 22,000.00 211-81100-202501_55609 SRHA Emergency Home Repair Program 63,560.80 211-81100-202501 55643 Saratoga Place Apartments Project 300.000.00 $519.451.00  3. The sum of $380,721.63 shall be reflected as revenue in the Fiscal Year 2024-2025 Consolidated Grants Fund and the following accounts shall be increased accordingly: Revenue 211-81100-202502 433070 HOME Grant HUD; 24/25 .$380,721.63 Expenditure HOME Grant HUD; 24/25 211-81100-202502_53100 Professional Services $30,000.00 211-81100-202502_53600 Advertising 2,499.63 211-81100-202502_55886.02 City of Suffolk 64,644.40 211-81100-202502_55886.04 City of Franklin 64,644.40 211-81100-202502_55886.06 County of Isle of Wight 64,644.40 211-81100-202502_55886.08 County of Southampton 64,644.40 211-81100-202502 55886.10 CHDO 76,144.40 211-81100-202502 58200 Capital Outlay 13,500.00 $380.721.63 4. The fund amount totaling $900,172.63 is hereby appropriated for use as referenced in this Ordinance, and the budget approved by Ordinance Number 24-0-041, as amended. The City Manager be, and is hereby, authorized and directed to do all things necessary to effectuate this action. 5. This ordinance shall be effective upon passage and shall not be published. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Fonn: William E. Hutchings Jr., City Attorney  U.S. DEPARTMENT OF HOUSING AND I RBAN DEVELOPMENT = ■» J WASHINGTON, DC 20410-7000 PRINCIPAL DEPUTY ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT May 18,2024 The Honorable Mike Duman Mayor of Suffolk 442 W Washington Street 1st Floor Suffolk, VA 23434 Dear Mayor Duman: Congratulations! 1 am pleased to give you formal notice of your jurisdiction’s Fiscal Year 2024 (FY24) allocations for the Office of Community Planning and Development’s (CPD) formula programs. Your jurisdiction’s FY24 available amounts are as follows: Community Development Block Grant (CDBG) $519,451.00 HOME Investment Partnerships (HOME) $380,721.63 These grant funds provide the financial tools to support low-to-moderate income individuals, families, and communities to address homelessness, affordable housing challenges, aging infrastructure, and economic hardships. CPD is committed to being your partner throughout the process of using these funds. Our local office will assist in finalizing grant agreements, offer technical assistance, training when needed, monitor and implement grant funds for eligible projects in a timely manner. The Department of Housing and Urban Development will work with your team to ensure proper reporting in the Integrated Disbursement and Information System to improve performance data on how these programs are benefitting and touching people’s lives, build trust with stakeholder groups, Congress, and amplify the success stories that you and your jurisdiction are able to accomplish with these vital resources. In addition, you also have $2,597,255 in available Section 108 borrowing authority based on your CDBG allocation and outstanding Section 108 balances as of May 14, 2024. Since Section 108 loans are federally guaranteed, this allows your jurisdiction to boiTow up to five times of your current CDBG allocation to access loan capital for larger projects at a low interest rate. HUD encourages you to consider using this CDBG multiplier for high priority housing projects, such as housing rehabilitation and conversion of nonresidential properties to residential uses and mixed-use development. This could help fill gaps left by Congress’ cut to the HOME program for FY24. As you begin to plan for the use of FY24 grant funding, please also consider having strategic conversations with your local team to ensure that existing grants are being maximized to meet your local priorities and community needs. A few questions that you might consider asking: www.hud.gov cspanol.hud.gov  2 ● What were our goals in our most recent Consolidated Plan? How did our commitments in FY23 and previous Action Plans support those goals? ● Do we have any expiring funds? Are there plans to use our funding from past years before the end of the period of performance? ● What, if any, findings have HUD / the Office of Inspector General made against our jurisdiction in the last five years? What have we done to address those findings? The combination of higher mortgage interest rates, limited for-sale housing inventory, and high home prices has created a challenging environment for homebuyers ~ particularly low- income families seeking to purchase their first home. In preparing the annual action plan for your jurisdiction’s CPD formula funds, we urge you to consider how your HOME Program and other funds may be used to increase the supply of modestly priced housing or provide direct purchase assistance to low-income families seeking to buy a home. The timely expenditure of your previous year funds is critical to mitigate risks of recapture. If your community’s priorities have changed, you have an opportunity to repurpose funding. Our team can work with you to ensure that funds are fully utilized and reach the populations intended by these programs. Please contact our Field Office to learn more. The Department greatly appreciates your leadership in using these funds to address your most pressing local needs by increasing access to affordable housing, supporting renters and homeowners, providing life-saving assistance to people experiencing homelessness, creating jobs and opportunities for people with modest means, improving public facilities, community resilience, and public services. If you or any member of your staff have questions or would like to request technical assistance, please contact your local CPD Field Director. Sincerely, Marion Mollegen McFadden Principal Deputy Assistant Secretary for Community Planning and Development w»'».hud.go>’ espanol.hud.gav AGENDA: August 7,2024, Regular Session ITEM: Consent Agenda - A resolution to accept a donation of personal property for the Suffolk Department of Fire & Rescue The City has received a donation of personal property of a 2024 Ford Expedition vehicle with equipment from the Western Tidewater Community Services Board (WTCSB) valued at $75,479.29. The vehicle will be used to support the Medical Access and Resources for the Community Alert Mandate (MARCUS) and to assist the Suffolk Department of Fire & Rescue in response to behavioral health incidents. Adoption of the attached resolution is necessary to accept and record the donated personal property for the operations of the Suffolk Department of Fire & Rescue. BUDGET IMPACT: Adoption of the attached resolution will increase fleet expenditures in the Suffolk Department of Fire & Rescue by approximately $2,000 annually for fuel and maintenance costs. However, the City will be reimbursed for these costs by the Western Tidewater Community Service Board. RECOMMENDATION: Adopt the attached resolution ATTACHMENTS: Resolution Supplemental Agreement  RESOLUTION NUMBER A RESOLUTION TO ACCEPT A DONATION OF PERSONAL PROPERTY FOR THE SUFFOLK DEPARTMENT OF FIRE & RESCUE WHEREAS, the Western Tidewater Community Services Board has donated a 2024 Ford Expedition for use by the Suffolk Department of Fire & Rescue; and, WHEREAS, the benefactors concede good and complete right, title, and interest in the said personal property; and, WHEREAS, this donation of personal property is made to tlie Suffolk Department of Fire & Rescue with restriction as to use and disposition. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Suffolk, Virginia, that: 1. The City hereby accepts a donation of a 2024 Ford Expedition from the Western Tidewater Community Services Board for use by the Suffolk Department of Fire & Rescue. 2. This resolution shall be effective upon adoption and shall not be published. READ AND ADOPTED: TESTE: Erika S. Dawley, City Clerk Approved as to FoiTn: William E. Hutchings, Jr., City Attorney  SUPPLEMENTAL AGREEMENT BETWEEN THE SUFFOLK, VIRGINIA FIRE DEPARTMENT AND THE WESTERN TIDEWATER COMMUNITY SERVICES BOARD- MARCUS ALERT PROTOCOL 1 & 2 FOR THE CITY OF SUFFOLK, VIRGINIA This Supplemental Agreement (“Supplemental Agreement”) is made on March 12, 2024, by and among the City of Suffolk, Virginia (the “City”), a municipal corporation in the Commonwealth of Virginia, on behalf of its Department of Fire and Rescue (“SFR”), and the Western Tidewater Community Services Board (“WTCSB”), a public body organized in the City of Suffolk, Virginia, operating in accordance with the provisions of Virginia Code § 37.2-500 et seq., whose principal place of business is located at 7025 Harbour View Blvd, Suite 119, Suffolk, Virginia 23435. SFR and WTCSB may be collectively referred to as the “Parties” and each individually as a “Party.” WHEREAS, the Parties previously executed an agreement entitled AGREEMENT BETWEEN THE CITY OF SUFFOLK, VIRGINIA, THE SUFFOLK POLICE DEPARTMENT, THE SUFFOLK FIRE DEPARTMENT, AND THE WESTERN TIDEWATER COMMUNITY SERVICES BOARD- MARCUS ALERT PROTOCOL 1 & 2 FOR THE CITY OF SUFFOLK, VIRGINIA” (the “Agreement”) on February 1, 2024, which detailed the responsibilities of the Parties related to all aspects of the Mental Health Awareness Response and Community Understanding Services Alert System (“MARCUS Alert System”), authorized by Virginia Code §§ 9.1-193 et seq. and 372-311.1; and, WHEREAS, the Parties wish to be bound by the terms of the Agreement, but also wish to further clarify the responsibilities of SFR and WTCSB in relation to the MARCUS Alert System. NOW, THEREFORE, in consideration of the mutual agreements set forth in tlte Agreement, and those set forth herein, the Parties agree as follows: I. SFR and WTCSB hereby agree to be responsible for the following: A. Establishing a Co-Response Team (CRT) with a Crisis Intervention Team (“CIT”) trained Paramedic and behavioral health provider. 1. The CIT-trained Paramedic will be provided by SFR and the behavioral health provider will be provided by WTCSB. II. WTCSB hereby agrees to be responsible for the following: A. Donating the 2024 Ford Expedition (Expedition) and all equipment modifications to the City of Suffolk that was obtained with funds from the Virginia Department of Behavioral Health and Disability Services for the Marcus Alert Implementation. SFR-WTCSB Page 1 of 4 Supplemental Agreement MARCUS  B. Providing funding for die fuel and vehicle maintenance of the Expedition. The vehicle is to be maintained by the City of Suffolk Fleet Services and WTCSB will be invoiced for these costs. C. Providing a home base for the CRT vehicle; D. Procuring the data repository software used for the collection of the data for the CRT. WTCSB shall fund the initial purchase and first year of software subscription, and the City of Suffolk shall be responsible for all years thereafter. E. Funding the salaiy/benefits for a Firefighter/Medic to staff the CRT. Ill, SFR hereby agrees to be responsible for the following: A. Establishing a Community Paramedic Program managed by the Community Paramedic Coordinator, whose goal is to utilize the CRT to respond to MARCUS calls; 1. The Community Paramedic Coordinator will use the CRT for additional duties identified and agreed upon by SFR and WTCSB; B. Managing the data repository software to collect, analyze, and share data between agencies, provided SFR maintains ownership of the data collected; C. Funding the costs of the data repository software in the general operating budget of SFR after the first year; D. Procuring and maintaining technology-related equipment needed to integrate the CRT into the 911 response system for SFR; and E. Procuring and maintaining medical equipment needed to comply wi± the Virginia Office of Emergency Management Regulations regarding licensure of the non transport emergency medical services vehicles. IV. Entire Understanding; This Supplemental Agreement, in addition to the previously executed Agreement, contains the entire understanding of the Parties as to matters contained herein, and may not be altered, amended, or modified except by a writing executed by the Parties. V. Governing Law: This Supplemental Agreement is governed in all respects by the laws of the Commonwealth of Virginia. The Paities hereby agree to abide by all applicable federal, state, and local laws and regulations. VI. Binding Effect: SFR-WTCSB Page 2 of 4 Supplemental Agreement MARCUS  This Supplemental Agreement, in addition to the previously executed Agreement, is intended only as a statement of the understanding between the Parties hereto and may not be deemed or construed to confer any right, benefit, or cause of action upon any person or entity not a party hereto. This Supplemental Agreement inures to the benefit of, and is binding upon, the Parties hereto and their respective successors and assigns. VII. Confidentiality; The use, retention, and disclosure of confidential patient information will at all times be consistent with the requirements of applicable federal, state, and local law, regulations, and statutes governing the use and disclosure of such information, including, but not limited to, Va Code §§ 63.2-104, 63.2-105, 32.1-127.1:03; tire Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and Code of Federal Regulations Title 42, Chapter I, Subchapter A, Part 2 (“42 C.F.R., Part 2”), and any current and/or future regulations promulgated thereunder. The Parties agree not to disclose any Protected Health Information, as defined in 45 C.F.R. § 160.103 and 42 C.F.R. Part 2, or Individually Identifiable Health Information, as defined by 45 C.F.R. § 160.103, other than as permitted by law. VIII. Availability of Funds: It is understood and agreed between the Parties herein that the Parties are bound hereunder only to the extent of the funds available, or which may hereafter become available for the purpose of this Supplemental Agreement. IX. Notice: Any written communication or notice pursuant to this Supplemental Agreement must be made to the following representatives of the respective Parties at tire following addresses: For the WTCSB: Demetrios Peratsakis, Executive Director Western Tidewater CSB. 7025 Harbour View Blvd., Suite 119 Suffolk, VA 23435 For SFR: Michael J. Barakey, Fire Chief Suffolk Fire Department 300 Kings Fork Road Suffolk VA 23434 X. Termination Without Cause: SFR-WTCSB Page 3 of 4 Supplemental Agreement MARCUS  Any Party hereto may terminate this Supplemental Agreement upon 30-day written notice to the other Party. No rights and/or duties hereunder will accrue beyond the effecdve date of cancellation. AUTHORIZED SIGNATURES ARE BELOW As evidence of their agreement to the terms and conditions set for the herein and to their individual authority to bind their respective agencies to this Supplemental Agreement, the Parties affix their authorized signatures hereto: SFR: 07/03/2024 Michael J. Barakey, Fire Chief Date WTCSB: 07/03/2024 (XO^r, C^C Demetrios Peratsakis, WTCSB Executive Director Date Approved as to Form: 'WtiivCLm' Z. ^utcJkXruj^ 07/03/2024 William E. Hutchings, Jr., City Attorney Date SFR-WTCSB Page 4 of 4 Supplemental Agreement MARCUS cilTix RightSignature REFERENCE NUMBER B0862632-5898-44A0-996B-507BBC2FB0A4 SIGNATURE CERTIFICATE TRANSACTION DETAILS DOCUMENT DETAILS Reference Number Document Name B0862632-5898-44AO-996B-507BBC2FBOA4 MOU Addendum Changes Made 6 28 24 REW Transaction Type Filename Signature Request MOU_Addendum_Changes_Made_6_28_24_REW.docx Sent At Pages 07/03/2024 13:44 EDT 4 pages Executed At Content Type 07/04/2024 07:10 EDT application/vnd.openxmlformats-officedocument.wordprocessingml.d ocument Identity Method File Size email 40.7 KB Distribution Method Original Checksum email a273ce78a5502a91301fb35d(bbe2aa83fCX3ci290(lacb8251b94f81t)0253a bebe Signed Checksum e2e13d14c92Gb696ee(6527d3fb4e49dbe1968eca4&c263laO06a0d0451dbd49 Signer Sequencing Enabled Document Passcode Disabled SIGNERS SIGNER E-SIGNATURE EVENTS Name Status Viewed At Demetrios Peratsakis signed 07/04/2024 07:09 EDT Email Multi-factor Digital Fingerprint Checksum Identity Authenticated At dperatsakis@wtcsb.org 27bo2ba5e958e93bce39b63b0269649230781dc1d730e2bOd3644c977db4dbb< J 07/04/2024 07:10 EDT Signer Sequence IP Address Signed At 2 07/04/2024 07:10 EDT 204.111.238.36 Components Device 2 Microsoft Edge via Windows Typed Signature s. ,rj». Signature Reference ID 8E46BCA9 Name Status Viewed At William Hutchings signed 07/03/2024 14:25 EDT Email Multi-factor Digital Fingerprint Checksum Identity Authenticated At whutchings@suffoIkva.us ba4ab04e155e8349ld65ac8224e95la4dbcb993)5570da6480762969c20e74e8 07/03/2024 14:26 EDT Signer Sequence IP Address Signed At 1 07/03/2024 14:26 EDT 24.179.97.130 Components Device 2 Chrome via Windows Typed Signature t. Signature Reference ID 1709EC9E SIGNER E-SIGNATURE EVENTS Name Status Viewed At Michael Barakey signed 07/03/2024 14:17 EDT Email Multi-factor Digital Fingerprint Checksum Identity Authenticated At mbarakey@suffolkva.us 0S8f73b7084la»36ti9c3497f1O337O0c88f1341121837e9b7ca298e2S08ae87 5 07/03/2024 14:18 EDT Signer Sequence IP Address Signed At 0 07/03/2024 14:18 EDT 24.179.97.130 Components Device 2 Microsoft Edge via Windows Drawn Signature Signature Reference ID 4BE820A4 Signature Biometric Count 4 AUDITS TIMESTAMP AUDIT 07/03/2024 13:44 EDT Timothy Griffin (tgriffin@wtcsb.org) created document 'MOU_Addendum_Changes_Made_6_28_24_REW.docx' on Microsoft Edge via Windows from 66.169.18.71. 07/03/2024 13:44 EDT Michaei Barakey (mbarakey@suffolkva.us) was emailed a link to sign. 07/03/2024 14:17 EDT Michael Barakey (mbarakey@suffoIkva.us) viewed the document on Microsoft Edge via Windows from 24.179.97.130. 07/03/2024 14:18 EDT Michael Barakey {mbarakey@suffoikva.us) authenticated via emaii on Microsoft Edge via Windows from 24.179.97.130. 07/03/2024 14:18 EDT Michael Barakey (mbarakey@suffolkva.us) signed the document on Microsoft Edge via Windows from 24.179.97.130. 07/03/2024 14:18 EDT Wiiliam Hutchings (whulchings@suffolkva.us) was emailed a link to sign. 07/03/2024 14:22 EDT William Hutchings (whutchings@suffolkva.us) viewed the document on Microsoft Edge via Windows from 24.179.97.130. 07/03/2024 14:25 EDT William Hutchings (whutchings@suffolkva,us) viewed the document on Chrome via Windows from 24.179.97.130. 07/03/2024 14:26 EDT Wiiliam Hutchings (whutchings@suffolkva.us) authenticated via email on Chrome via Windows from 24.179.97.130. 07/03/2024 14:26 EDT Wiiliam Hutchings (whutchings@suffolkva.us) signed the document on Chrome via Windows from 24,179.97,130. 07/03/2024 14:26 EDT Demetrios Peratsakis (dpera1sakis@w1csb.org) was emailed a link to sign. 07/04/2024 07:09 EDT Demetrios Peratsakis (dperatsakis@w4csb.org) viewed the document on Microsoft Edge via Windows from 204,111.238.36. 07/04/2024 07:10 EDT Demetrios Peratsakis (dperatsakis@wtcsb.org) authenticated via email on Microsoft Edge via Windows from 204.111.238.36. 07/04/2024 07:10 EDT Demetrios Peratsakis (dpera1sakis@wtcsb.org) signed the document on Microsoft Edge via Windows from 204.111.238.36. Public Hearing Ordinances Resolutions AGENDA: August 7, 2024, Regular Session ITEM: Staff Report: Live Entertainment and Nightclub Overview Staff will present an overview on proposed amendments to the Unified Development Ordinance regarding live entertainment and nightclubs.  Motion to schedule a City Council Work Session, for Wednesday, August 21, 2024, at 4:00 p.m., unless canceled by the Mayor and City Manager Non-Agenda Speakers New Business Announcements and Comments Adjournment