City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF SEPTEMBER 4, 2024 WORK SESSION Begins at 4:00 p.m. REGULAR SESSION Begins at 6:00 p.m.  SUFFOLK CITY COUNCIL WORK SESSION September 4, 2024 4:00 p.m. City Council Chamber 1. Suffolk Center for Cultural Arts 2024-2025 Season 2. Draft 2025 Legislative Agenda 3.* Appointments * Proposed Items for Closed AGENDA: September 4, 2024, Work Session ITEM: Suffolk Center for Cultural Arts 2024-2025 Season Executive Director, Tom Yannuzzi, will provide an update on the Suffolk Center for Cultural Arts 2024- 2025 Season. AGENDA: September 4, 2024, Work Session ITEM: Staff Report – Draft 2025 Legislative Agenda The City’s Legislative Liaison, Mindy Carlin, with Access Point Public Affairs, LLC., will provide City Council with an overview of the Draft 2025 City of Suffolk Legislative Agenda.  SUFFOLK CITY COUNCIL AGENDA September 4, 2024 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentation - A proclamation in recognition of “National Forensic Science Week” 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 funds from the sale of right of way of real property adjacent to the existing Route 32/Carolina Road pursuant to the devolution agreement and authorize the transfer of funds to Capital Contingency 8. Public Hearing - An ordinance authorizing the acquisition of permanent easements and/or temporary construction easements, either by agreement or condemnation, for the Wilroy Road 12-inch Water Main Extension - Phase 2 Project 9. Public Hearing - An ordinance authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof 10. Ordinance 11. Resolutions 12. Staff Reports - Roadway Maintenance and Paving Program Update 13. Motion - A motion to schedule a Public Hearing for September 18, 2024, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Speights Spillway Bridge Replacement project 14. Motion - A motion to schedule a Joint Work Session, of City Council and the Suffolk Public School Board, for Tuesday, September 24, 2024, at 3 p.m., unless canceled 15. Motion - A motion to schedule a City Council Work Session for Wednesday, September 18, 2024, at 4:00 p.m., unless canceled by the Mayor and City Manager 16. Non-Agenda Speakers 17. New Business 18. Announcements and Comments 19. Adjournment 2 City Council Work Session June 5, 2024 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 5, 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 2024 LEGISLATIVE UPDATE Utilizing a PowerPoint presentation, Mindy Carlin, Chief Executive Officer, Access Point Public Affairs, LLC, the City’s legislative consultant, submitted a summary of the above referenced item. Council Member Fawcett asked about the feasibility of including items that were not approved during the previous General Assembly Session in this year’s Legislative Agenda. City Manager Moor said that matter would be addressed at a future time. Council Member Butler Barlow queried about the ability for residents to receive toll relief based on their income. Ms. Carlin said there is an existing program where they can receive assistance, but Suffolk residents cannot access additional toll relief provided in the State budget due to requirements of the supplementary funding program. Council Member Fawcett opined about the possibility of the General Assembly approving House Bill 38 and Senate Bill 328, regarding the Virginia Retirement System and enhanced retirement benefits for E-911 officers. Ms. Carlin stated that many legislators supported these bills, but the Virginia State Police did not include it in their budget request. Therefore, there was concern about the disparate treatment of State and local E-911 personnel. She concluded that the matter was continued to 2025 for consideration. Utilizing a PowerPoint presentation, City Attorney Hutchings, Deputy City Attorney Stephanie Pough, Assistant City Attorneys Rebecca Powers, Sean Dolan, and Patrick Mancaluso submitted a summary of the above referenced item. 1 City Council Work Session June 5, 2024 Referring to the presentation, Council Member Rector called for clarification about City Council’s process to determine which items to include in the 2024 Legislative Agenda. City Attorney Hutchings explained that there are several methods to have an item included in the 2024 Legislative Agenda: City Manager Moor can place an item on the City Council meeting agenda, City Council can act under the New Business portion of the City Council meeting agenda, or four members of City Council can place it on the City Council meeting agenda. Referring to the presentation, Council Member Fawcett sought additional information about Senate Bill 336 regarding photo speed monitoring devices in high-risk intersections segments. City Attorney Hutchings advised that if a locality places photo speed monitoring devices in high-risk intersections segments, the fines received from those areas would go to the Commonwealth. Referring to the presentation, Council Member Rector queried about any potential negative impact on historical buildings, as a result of House Bill 1486 and Senate Bill 48, regarding the registration of vacant buildings. City Attorney Hutchings reported that there would not be any negative impact on historical buildings because of those bills. Referring to the presentation, Council Member Butler Barlow solicited an explanation for the purpose of House Bill 1486 and Senate Bill 48 regarding the registration of vacant buildings. City Attorney Hutchings said that the bills might make it easier to find property owners when building maintenance issues occur. 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, Hampton Roads Planning District Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Paul D. Camp Commission College Board, Sister Cities Commission, Southeastern Virginia Alcohol Safety Action Program, Southside Network Authority, Suffolk Redevelopment and Housing Authority, and Tidewater Youth Services Commission. Council Member Butler Barlow, on a motion seconded by Council Member Rector, 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 Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 2 City Council Work Session June 5, 2024 City Council convened in Closed Meeting at 5:16 p.m. The Closed Meeting concluded at 5:26 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting June 5, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 5, 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 June 5, 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 JUNE 5, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 5, 2024 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the minutes from the April 3, 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 - Suffolk Tourism Marketing Updates Utilizing a PowerPoint presentation, Tourism Manager Theresa Earles submitted a summary of the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Johnson, on a motion seconded by Vice Mayor Ward, moved to adopt 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 City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to accept and appropriate additional State funds for Suffolk Public Schools Consent Agenda Item #8 – An ordinance to accept and appropriate funds from the Nansemond River Garden Club for the City of Suffolk Festival Park Consent Agenda #9 – A resolution to endorse project applications under the Smart Scale Funding Program Consent Agenda #10 – An ordinance to appropriate and transfer Automated Traffic Enforcement Camera program funds from the Road Maintenance Fund to the General Fund for Community Safety Improvements Referring to Consent Agenda Items #7 through #10, City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting June 5, 2024 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the Consent Agenda, as presented. Referring to Consent Agenda #10, Council Member Rector called for an overview of the allocation process for the Automated Traffic Enforcement Camera program funds. City Manager Moor explained that the funds are appropriated and transferred from the Road Maintenance Fund to the General Fund for community safety improvements. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the Consent Agenda, as presented, 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 PUBLIC HEARINGS Public Hearing – An ordinance vacating and abandoning General Early Drive, located between Pruden Boulevard and Murphy’s Mill Road, Zoning Map 25, Parcels 57, 57A and 57F, Account Numbers 252849000, 252847000, and 253501500; STV2023-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne submitted a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the ordinance, 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 AN ORDINANCE VACATING AND ABANDONING GENERAL EARLY DRIVE, LOCATED BETWEEN PRUDEN BOULEVARD AND MURPHY’S MILL ROAD, ZONING MAP 25, PARCELS 57, 57A AND 57F, ACCOUNT NUMBERS 252849000, 252847000, AND 253501500; STV2023-001 ORDINANCES There were no items under this portion of the agenda. 3 City Council Regular Meeting June 5, 2024 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT Staff Report - Plan of Finance for the 2024 Bond Issuances Utilizing a PowerPoint presentation, Kyle Laux, Senior Vice President, Davenport and Company, Incorporated, provided a report about the above referenced topic. Staff Report – City of Suffolk’s Local Plan for Marcus Alert and Community Paramedicine Implementation Plan Utilizing a PowerPoint presentation, Staci Young, Director of Acute Care Crisis Services, Western Tidewater Community Services Board, Interim Police Major Jesse Epperson, Fire Captain Ray Willet, and Shelley Shelton, CIT and Marcus Alert Coordinator for the Western Tidewater Community Services Board gave a summary of the background information as printed in the official agenda. Members of City Council opined about the Marcus Alert and Community Paramedicine and Implementation Plan. Referring to the presentation, Council Member Rector asked about the role of the Suffolk Police Department in the event that an individual is taken to the Western Tidewater Community Services Board instead of a local hospital. Ms. Shelton replied in that scenario, the local police may or may not have to be involved. MOTIONS Motion - A motion to schedule a public hearing to be held on July 17, 2024, to receive public comment on a Second Amendment to the Whaleyville Communications Tower Lease with Cellco Partnership d/b/a Verizon Wireless Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a public hearing to be held on July 17, 2024, to receive public comment on a Second Amendment to the Whaleyville Communications Tower Lease with Cellco Partnership d/b/a Verizon Wireless, 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 June 5, 2024 Motion - A motion to schedule a public hearing for the July 17, 2024, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2024 Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to schedule a public hearing for the July 17, 2024, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2024, 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 Motion - A motion to schedule a public hearing for the July 17, 2024, City Council meeting regarding authorizing the issuance and sale of Stormwater Revenue Bonds Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a public hearing for the July 17, 2024, City Council meeting regarding authorizing the issuance and sale of Stormwater Revenue Bonds, 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 Motion - A motion to schedule a public hearing for the July 17, 2024, City Council meeting regarding authorizing the issuance and sale of bonds as evidence for a Virginia Literary Fund loan Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to schedule a public hearing for the July 17, 2024, City Council meeting regarding authorizing the issuance and sale of bonds as evidence for a Virginia Literary Fund loan, 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 Motion - A motion to reschedule the City Council meeting from Wednesday, July 3, 2024, at 6:00 p.m., to Tuesday, July 2, 2024, at 6:00 p.m., unless cancelled by the Mayor and City Manager Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to reschedule the City Council meeting from Wednesday, July 3, 2024, at 6:00 p.m., to Tuesday, July 2, 2024, at 6:00 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 5 City Council Regular Meeting June 5, 2024 Motion - A motion to schedule a City Council Work Session for Tuesday, July 2, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager Council Member Williams, on a motion seconded by Council Member Rector, moved to schedule a City Council Work Session for Tuesday, July 2, 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 Alphonso Cargill, 105 Brown Lane, representing Oakland/Chuckatuck Civic League, opined about the impacts of development. Roosevelt Jones, 5809 Hawk Lane, representing Oakland/Chuckatuck Civic League, expressed stormwater concerns. Wade Bieber, 5646 Godwin Boulevard, representing Oakland/Chuckatuck Civic League, opined about drainage and sewage service expansion at Brown Road. Herbert Snelling, 115 Lakefront Drive, representing Oakland/Chuckatuck Civic League, opined about the Dollar Tree on Route 58. Shamar Wilkins, 807 Garfield Avenue, representing self, opined about his treatment by criminal justice system. Mayor Duman called on City Manager Moor to provide an update on the status of infrastructural improvements in the Chuckatuck and Oakland areas. City Manager Moor offered a summary of the various infrastructural improvements in the Chuckatuck and Oakland areas. NEW BUSINESS City Clerk Dawley presented the following nominations for appointment to Agricultural Advisory Committee: Carson Daughtrey (agricultural industry); Michael Griffin (Nansemond Farm Bureau representative); Richard Gwaltney (Peanut and Soil Water Conservation District representative) and David Bosselman (Farm Services Area Local Administrative Area – Chuckatuck representative) and Paul D. Camp Community College Board (effective July 1, 2024) – James Echtle. Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to nominate and appoint the aforementioned individuals to the respective bodies, 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 6 City Council Regular Meeting June 5, 2024 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the City’s observance of the Juneteenth holiday; the Downtown Festival Park update; the Suffolk Parks and Recreation Department’s TGIF Summer Concert Series; the Suffolk Parks and Recreation Department’s 50 Fest; the opening of the Downtown Advisory Committee application process; the Holland Road Flagging Operation Traffic Delay Alert related to the maintenance of the railroad bridge at the 1300 block of Holland Road; the Planning and Community Department’s reminder about tall grass regulations; the City’s Public Safety Portal; the National Night Out Community Kick- Off and Registration and the Hampton Roads Chamber of Commerce’s State of the City series. Council Member Butler Barlow opined about the City of Suffolk’s Local Plan for Marcus Alert and Community Paramedicine Implementation Plan. Council Member Butler Barlow acknowledged the non-agenda speakers from the Oakland/Chuckatuck Civic League. Council Member Bennett opined about the retirement of Rutherford Whitfield from Suffolk Public Schools after 70 years of service. Council Member Bennett extended his condolences to the family of the late former Suffolk Police Chief Gilbert Jackson. Council Member Johnson opined about the Suffolk State of the City. Council Member Johnson encouraged residents to apply for the Downtown Advisory Committee. Council Member Johnson announced the upcoming King’s Fork Ruritan 75th Anniversary. Council Member Johnson reported that he would be attending the Cove Point Civic League meeting. Council Member Johnson opined about the City of Suffolk’s Local Plan for Marcus Alert and Community Paramedicine Implementation Plan. Council Member Rector opined about the Suffolk State of the City. Council Member Rector opined about the Planning and Community Development’s Department’s tall grass regulations. Council Member Rector opined about the Suffolk Police Department’s Law Enforcement Memorial. Council Member Rector announced that he attended the following: the Pilot Club Civic Awards Night; the Kingsboro Civic League meeting; the Memorial Day observance at Albert G. Horton Veterans Cemetery and the Virginia Summit to Combat Anti-Semitism Conference. Council Member Rector acknowledged the donation from the Nansemond River Garden Club to the Festival Park. 7 City Council Regular Meeting June 5, 2024 Council Member Rector acknowledged the State Championships of the Nansemond-Suffolk Academy’s Girls Softball and the Boys Lacrosse team. Council Member Williams opined about the retirement of Rutherford Whitfield from Suffolk Public Schools after 70 years of service. Council Member Williams opined about the Suffolk State of the City. Council Member Fawcett opined about the Suffolk State of the City. Council Member Fawcett reported that he attended the Suffolk Police Department’s Law Enforcement Memorial. Council Member Fawcett opined about the retirement of Rutherford Whitfield from Suffolk Public Schools after 70 years of service. Council Member Fawcett opined about the City of Suffolk’s Local Plan for Marcus Alert and Community Paramedicine Implementation Plan. Council Member Fawcett acknowledged the non-agenda Speakers from the Oakland/Chuckatuck Civic League. Council Member Fawcett opined about the Planning and Community Development’s Department’s tall grass regulations. Council Member Fawcett opined about today’s Work Session regarding 2024 Legislative Update. Vice Mayor Ward opined about the retirement of Rutherford Whitfield from Suffolk Public Schools after 70 years of service. Vice Mayor Ward extended his condolences to the family of the late Lottie Smallwood. Vice Mayor Ward called for information on the status of the Pughsville drainage project. City Manager Moor explained that the project went out to bid the week of June 17th. Mayor Duman opined about the Suffolk State of the City. Mayor Duman announced that he attended: the Pilot Club Civic Awards Night; the Suffolk Police Department’s Law Enforcement Memorial and the City Employees’ Food Truck Rodeo. Mayor Duman acknowledged the donation from the Nansemond River Garden Club to the Festival Park. Mayor Duman opined about the retirement of Rutherford Whitfield from Suffolk Public Schools after 70 years of service. 8 City Council Regular Meeting June 5, 2024 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 9:07 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 9 AGENDA: September 4, 2024, Regular Session ITEM: Special Presentation – A proclamation in recognition of "National Forensic Science Week" The Suffolk Police Department has requested a proclamation in recognition of "National Forensic Science Week", September 15, 2024 through September 21, 2024, in conjunction with this observance throughout the Commonwealth of Virginia and the United States. Chief James Buie and members of the Suffolk Police Forensic Unit will be present to receive the proclamation. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: September 4,2024, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate funds from the sale of a irght of way of real property adjacent to the existing Route 32/Carolina Road pursuant to the devolution agreement and to authorize the transfer of funds to Capital Contingency The City has received funds in the amount of $8,530 from the sale of a irght of way. The City owns a irght of way adjacent to the existing Route 32/Carolina Road, which it acquired from the Virginia Department of Transportation (VDOT) through the Devolution Agreement and Deed in 2006. The City, along with VDOT, agreed to vacate and sell the irght of way to an adjacent property owner. Pursuant to the Devolution Agreement, the City must dedicate and use the funds from the sale of any irght of way or property for transportation purposes. Adoption of the attached ordinance is necessary to appropriate funds in the amount of $8,530 to the Road Maintenance Fund budget and transfer these funds to the appropriate line item in the Capital Projects Fund in Fiscal Year 2024-2025. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Fiscal Year 2024-2025 Road Maintenance Fund Budget by $8,350 and authorizes the transfer of the funds from the Road Maintenance Fund to the Capital Projects Fund budget for the above-noted purpose. RECOMMENDATION: Adopt the attached ordinance ATTACHMENT: Ordinance ORDINANCE NUMBER AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE SALE OF A RIGHT OF WAY OF REAL PROPERTY ADJACENT TO THE EXISTING ROUTE 32/CAROLINA ROAD PURSUANT TO THE DEVOLUTION AGREEMENT AND TO AUTHORIZE THE TRANSFER OF FUNDS TO CAPITAL CONTINGENCY WHEREAS, the City of Suffolk owns a right of way adjacent to the existing Route 32, Carolina Road which it acquired from the Virginia Department of Transportation through the Devolution Agreement and Deed in 2006; and, WHEREAS, the City received a request to vacate and convey a portion of the right of way to an adjacent property owner; and. WHEREAS, the City along with the Virginia Department of Transportation agreed to vacate and sell the right of way to the adjacent property o\vner on July 17, 2024; and, WHEREAS, the City Council passed an ordinance authorizing the sale of the portion of the right of way to the adjacent property owner in the amount of $8,530; and, WHEREAS, pursuant to the Devolution Agreement, the City must dedicate and use the funds from the sale of any right of way or property for transportation purposes; and WHEREAS, the funds received need to be accepted and appropriated to the Road Maintenance Fund budget and transferred to the Capital Projects Fund budget for Fiscal Year 2024-2025. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: 1. The sum of $8,530 shall be reflected as budget in the following accounts in the Fiscal Year 2024-25 Road Maintenance Fund budget: Revenue 210-418990.19 Miscellaneous Revenue-Other Other $8.530 Expenditure 210-91400 59902 Road Maintenance Contingency $8.530 2. The sum of $8,530 be, and is hereby transferred as follows: Revenue Transfers CFromVTo: 210-418990.19 Miscellaneous Revenue ($8,530) 310-91400 441050.210 Interfund Transfer from RM 8.530 $ 0  Expenditure Transfer (FromVTo: 210-91400_59902 Road Maintenance Contingency ($8,530) 310-91400 59902.210 Contingency Road Maintenance 8.530 S Q 3. The transfer totaling $8,530 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. 4. The 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 AGENDA: September 4, 2024, Regular Session ITEM: Public Hearing - An ordinance authorizing the acquisition of permanent easements and/or temporary construction easements, either by agreement or condemnation, for the Wilroy Road 12-inch Water Main Extension - Phase 2 Project Approximately 3,300 linear feet of new 12-inch diameter water main extension piping will be constructed along Wilroy Road from its current terminus in the 2000 block of Wilroy Road. The water main extension will provide additional water distribution system redundancy to the Olde Mill Creek and Nansemond Crossing subdivisions and City water service connections to existing and vacant lots along the water main extension route. The project provides for the transfer of existing water service connections from an existing City ofPortsmouth transmission main to the new water main extension. Permanent easements and/or temporary construction easements are required for the construction, maintenance, and operation of the new water main extension. RECOMMENDATION: Adopt the attached ordinance ATTACHMENT: Ordinance AGENDA: September 4, 2024, Regular Session ITEM: Public Hearing - An ordinance authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Attached for Council's consideration is an ordinance to provide authorization for the issuance and sale of stormwater system revenue bonds to finance the cost of various approved stormwater capital projects not to exceed $5,600,000. This public hearing was properly advertised on August 21, 2024 and August 28, 2024. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Public Hearing Notice  ORDINANCE NUMBER AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF WHEREAS, the Council (the "Council") of the City of Suffolk, Virginia (the "City"), has determined that it is necessary to issue and sell stormwater system revenue bonds (the "Bonds") to (i) finance, with respect to the City's stonnwater system, certain costs of acquiring, constructing, and equipping capital improvements for which bond proceeds have been appropriated pursuant to the City's Capital Improvement Plan, as the Council may amend it from time to time hereafter and (ii) finance, if and as needed, capitalized interest, a debt seiwice reserve fund, working capital, and costs of issuance of the Bonds (collectively, the "Project"); and. WHEREAS, a public hearing on the issuance of the Bonds has been held on September 4, 2024, after notice was published in accordance with the requirements of Section 15.2-2606 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and, WHEREAS, the City has discussed with the Virginia Resources Authority ("VRA") the purchase of the Bonds, and VRA has indicated its willingness to purchase such Bonds from the proceeds of one or more series of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program) (collectively, the "VRA Bonds"), in accordance with the terms of a Local Bond Sale and Financing Agreement (the "Financing Agreement"), between VRA and the City, or such other financing agreement that may be entered into in connection with a separate series of the Bonds; and, WHEREAS, the Financing Agreement is expected to indicate that (i) the sum of (A) $4,982,750 plus (B) an amount necessary to pay costs of issuance on the Bonds or (ii) such other amount as requested by the City in writing and approved by VRA prior to VRA's bond pricing, is the amount of proceeds requested for the Project from VRA (the "Proceeds Requested"); and, WHEREAS, the date of the sale of the VRA Bonds is referred to as the "VRA Sale Date;"; and. WHEREAS, VRA has infomied the City that VRA's objective is to pay the City a purchase price for the Bonds that in VRA's judgment reflects its market value (the "Purchase Price Objective") taking into consideration the Proceeds Requested and such factors as the purchase price received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA) (collectively, the "VRA Costs") and other market conditions relating to the sale of the VRA Bonds; and, WHEREAS, such factors are expected to result in the City receiving a purchase price other than the par amount of the Bonds, and, consequently (i) the aggregate principal amount of the Bonds may be gi'eater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) the City may receive less than the Proceeds Requested if the financing parameters established under Section 1 or Section 4 193286077.2 of this Ordinance restrict the principal amount of the Bonds such that the maximum principal amount of the Bonds does not exceed the Proceeds Requested by at least the amount of the VRA Costs and any original issue discount, the amount to be paid to the City, given the Purchase Price Objective and market conditions; and, WHEREAS, the foregoing arrangements will be reflected in the Financing Agreement, a foim of which has been filed in the City's records. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, as follows: 1. Authorization of Issuance of Bonds. The Council hereby detennines that it is necessary and advisable and will benefit the residents of the City through the promotion of their health, safety, and welfare (i) to contract a debt and to issue the Bonds in an aggregate principal amount not to exceed S5,600,000, and (ii) to award and sell the Bonds to or at the direction of VRA. The issuance and sale of the Bonds is hereby authorized on the terms and conditions set forth herein and in the Financing Agreement, and in accordance with Section 15.2-2601 of the Virginia Code, the Council elects to issue the Bonds pursuant to the provisions of the Public Finance Act of 1991, as amended. The proceeds from the issuance and sale of the Bonds shall be used to pay all or a portion of the costs of the Project. The Bonds shall be issued in one or more series with appropriate nomenclature and series designations, as determined by the City Manager (the "City Representative"). 2. Authorization of Financing Agreement. The fonn of the Financing Agreement on file with the City is hereby approved. The City Representative is hereby authorized and directed to execute the Financing Agreement in substantially such form, with such completions, omissions, insertions and changes not inconsistent with this Ordinance as may be approved by the City Representative, whose approval shall be evidenced conclusively by the execution and delivery thereof 3. Pledge of Revenues. The Bonds shall be limited obligations of the City as to which the principal of, premium, if any, and interest shall be payable solely from the net revenues (i.e. revenue less operating expenses) derived by the City from its stormwater systems, as such systems may be expanded from time to time, and from other funds, if any, that have been or may be pledged for such purpose. Nothing in this Ordinance, the Bonds, or any documentation under which the Bonds may be issued shall be deemed to pledge the full faith and credit and taxing power of the City to the payment of the Bonds. The Bonds will be issued under and are equally and ratably secured by a Master Indenture of Trust dated as of August 1, 2022 (the "Master Indenture") between the City and U.S. Bank Trust Company, National Association, as trustee (the "Master Trustee"), and as further supplemented by a Third Supplemental Indenture of Trust (the "Supplemental Indenture" and together with the Master Indenture, the "Indenture") to be dated a date determined by the City Representative, all between the City and the Master Trustee, as "Parity Indebtedness" as defined therein. -2-  4. Sale of Bonds: Terms and Conditions. (a) The Bonds may be issued in one or more series and the of each series shall be issued as a single bond in fully registered form and shall be dated the date of its issuance. The City Representative is hereby authorized to determine whether to issue the Bonds in one or more series in connection with one or more of VRA's Virginia Pooled Financing Progi'ams, provided that the parameters set forth in (b) below are satisfied. (b) The Council hereby authorizes the sale of the Bonds to or at the direction of VRA on terms that VRA shall determine subject to VRA's Purchase Price Objective and market conditions described in the Recitals hereof, provided, however, that (i) the Bonds shall be issued in an aggregate principal amount not exceeding the amount specified in Section 1, (ii) the Bonds shall have a "true" interest cost not exceeding 6.0% (exclusive of "supplemental interest" as described in the Financing Agi'eement), (iii) the Bonds shall be payable in principal installments ending no later than June 30, 2056, and (iv) the Bonds shall be subject to prepayment upon the terms set forth in the Financing Agreement. (c) Subject to the parameters in subsection (b), the City further authorizes the City Representative to accept the final temis presented by VRA, including the final principal amount and the amortization schedule (including the principal installment dates and amounts) of the Bonds. If the limitation on the maximum aggregate principal amount of the Bonds set forth above restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the Purchase Price Objective and market conditions, the City Representative is authorized to accept a purchase price for the Bonds at an amount less than the Proceeds Requested. (d) The actions of the City Representative in detemiining the final terms of the Bonds shall be conclusive, and no further action shall be necessary on the part of the Council. As set forth in the Financing Agreement, the City agrees to pay such "supplemental interest" and other charges as provided therein, including such amounts as may be necessary to maintain or replenish the VRA Reserve. The principal of, premium, if any, and interest on the Bonds shall be payable in lawful money of the United States of America. 5. Details of Bonds. The Bonds shall be issued upon the terms established pursuant to this Ordinance, the Indenture, and the Financing Agreement. The Bonds shall be issued in fully registered form, and shall be numbered from R-1 upwards consecutively with the appropriate series designation. The Bonds shall mature in the years and amounts, shall bear interest payable semi-annually at such rates, and shall be subject to redemption prior to maturity on such terms all as set forth in the Financing Agi-eement. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. 6. Form of Bond and Supplemental Indenture. The Bonds shall be in substantially the form attached as Exhibit A to the Financing Agreement and on file in the City's records, with such appropriate variations, omissions, and insertions as are permitted or required by this Ordinance or any subsequent ordinance or resolution of the Council. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The Supplemental Indenture shall be in substantially the same form as the prior supplemental -3- indentures, pledging the net revenues derived from the ownership and operation of the City's stormwater systems to payment of the principal of, premium, if any, and interest on the Bonds, and contain such other provisions as the City Representative shall determine to be necessary and appropriate. 7. Appointment of Bond Registrar and Paving Agent. The City Representative is hereby authorized to select and appoint as Registrar and Paying Agent for the Bonds (the "Bond Registrar") a bank or other financial institution capable of performing such duties. In the absence of such selection and appointment by the City Representative, the Treasurer of the City is appointed as Bond Registrar. The Council or the City Representative may appoint a subsequent Bond Registrar or one or more paying agents for the Bonds upon giving written notice to VRA specifying the name and location of the principal office of any such Bond Registrar or paying agent. 8. Execution of Bonds. The City Representative is hereby authorized and directed to execute appropriate negotiable Bonds, and the City Clerk (the "Clerk") is hereby authorized and directed to affix the seal of the City thereto and attest the seal. The City Representative is hereby authorized and directed to deliver the Bonds to or at the direction of VRA upon payment of the purchase price therefor. The manner of execution and affixation of the seal may be by facsimile; provided, however, that if the signatures of the City Representative and the Clerk are both by facsimile, the Bonds shall not be valid until signed by the manual signature of the Bond Registrar. 9. Tax Compliance Agreement. If requested by VRA, such o fficers of the City as may be requested are authorized and directed to execute and deliver a non-arbitrage certificate and tax compliance agreement (the "Tax Compliance Agreement") with VRA in a fonn to be approved by the officers of the City executing such document, whose approval shall be evidenced conclusively by the execution and delivery thereof 10. Arbitrage Covenants. If required by VRA, the City covenants that it shall neither take nor omit to take any action which will cause the VRA Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or otheiwise cause interest on the VRA Bonds to be includable in the gross income of the registered owner thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of the Tax Compliance Agreement that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required or no longer required to prevent interest on the VRA Bonds from being included in the gross income for federal income tax purposes of the registered owners thereof under existing law. The City shall pay any such required rebate from legally available funds. 11. Official Statement. The City authorizes and consents to the inclusion, if necessary, of infonnation with respect to the City contained in VRA's Preliminaiy Official Statement and VRA's Official Statement in final form, both prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as any of them shall determine. The City Representative is authorized and directed to take whatever actions are necessary or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12. -4-  12. Notes in Anticipation of the Issuance of Bonds. If prior to the offering of any series of the Bonds, conditions are such that the City Representative, after consultation with the City's financial advisor, detemiines that it is not advisable to enter into a long-tenn financing for all or any portion of the costs of the Project, the City Representative , without further approval of the Council as to documentation or othciwise, is hereby authorized to execute, deliver, and issue short term notes or other interim financing of the City (the "Notes") as provided in Section 15.2-2628 of the Virginia Code in anticipation of the issuance of any or all series of the Bonds. The Notes must comply with the parameters established in this Ordinance for the Bonds and otherwise be consistent with the other terms and conditions contained in this Ordinance to the extent not inconsistent with the specific parameters, terms, and conditions for the Notes established in this Section 12. Further, the City may issue and sell the Notes at public or private sale as detennined by the City Representative, in consultation with the City's financial advisor. The specific parameters, terms, and conditions for the Notes are as follows: (i) the tenn to maturity of the Notes shall not exceed five years, (ii) the City may issue Notes that bear interest at a fixed or variable rate that the City Representative, after consultation with the City's financial advisor, deteimines to be reasonable and (iii) if the Notes beai* interest at a variable rate, the true interest cost parameters set forth in Section 4 shall not apply. The Council hereby authorizes the sale of all or any series of the Notes by private placement or direct loan to one or more purchasers or banks, or both, selected by the City Representative after consultation with tlie City's financial advisor. The City Representative is hereby authorized and directed to execute and deliver such private placement or direct loan documents as may be necessary or desirable in connection with the sales and loans authorized hereby (the "Direct Purchase Documents"). The approval of the final terms and conditions of such Notes, subject to the parameters herein, shall be evidenced conclusively by the execution and delivery of the Direct Purchase Documents by the City Representative. Any of the Notes may be extended or refinanced from time to time by or at the direction of the City Representative, provided that no extension or refinancing matures later than five years from the date of the original issuance of such Note. The Clerk is hereby authorized and directed to affix the seal of the City thereto. The interest component of the Notes shall be secured in the same manner as the Bonds authorized hereunder. The principal component of the Notes shall be secured by the proceeds of the Bonds authorized hereunder and if the City Representative elects (after consultation with the City's financial advisor) in the same manner as the Bonds authorized hereunder. The Notes may be retired, in the discretion of the Council, from the proceeds of the corresponding Bonds, any revenue bonds of the City, or by means of current revenues, special assessments, or other funds, provided that the maximum amount of the Bonds or revenue bonds of the City authorized will be reduced by the amount of Notes retired by means of such current revenues, special assessments, or other funds. 13. Further Actions: Authorization of City Representative. The City Representative and such otficcrs and agents of the City as may be designated by the City Representative, are hereby authorized and directed to lake such further action as they deem necessai^ or appropriate regarding the issuance and sale of the Bonds, including necessary steps to qualify or register them for sale in one or more jurisdictions and to secure credit enhancement therefor. All actions previously taken by the City Representative and such officers and agents in connection with the -5- issuance and sale of the Bonds are hereby ratified and confirmed. The authorizations granted in this Ordinance to the City Manager and the Clerk may be carried out by the Deputy, Interim, or Acting City Manager and any Assistant or Deputy City Clerk, respectively, in the absence of the primary officers. 14. SNAP Investment Authorization. The Council authorizes the Treasurer to have the option to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Bonds. The Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otheiwise provided in the contract creating the investment program pool. 15. Filing of Ordinance. The City Attorney of the City is authorized and directed to file a certified copy of this Ordinance with the Circuit Court of the City pursuant to Sections 15.2- 2607 and 15.2-2627 of the Virginia Code. 16. Effective Date: Expiration of Authorization. This Ordinance shall take effect immediately upon passage and shall not be published. Except as set forth in the following sentence, the authorization to issue and sell the Bonds shall expire on June 30, 2025, but all other provisions of this Ordinance shall remain in full force and effect. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: William E. Hutchings, Jr., City Attorney -6-  {PUBLISH ON AUGUST 21, 2024, AND AUGUST 28, 2024} NOTICE OF PUBLIC HEARING ON THE PROPOSED ISSUANCE OF STOR.JvlWATER SYSTEM REVENUE BONDS BY THE CITY OF SUFFOLK, VIRGINIA NOTICE IS HEREBY GIVEN that the City Council (the "City Council") of the City of Suffolk, Virginia (the "City"), will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the proposed issuance of its stormwater system revenue bonds in a principal amount not to exceed $5,600,000 (the "Bonds"). The City proposes to issue the Bonds and use the bond proceeds to finance certain costs of acquiring, constructing and equipping capital improvements to the City's stormwater system for which bond proceeds have been appropriated pursuant to the City's Capital Improvement Plan, as the City Council may amend it from time to time hereafter. The projects to be financed by the Bonds are subject to change in accordance with the City's capital expenditw-e cash flow needs and Virginia law. An ordinance authorizing the issuance of the Bonds will be considered by the City Council at its meeting on Wednesday, September 4, 2024, following the public hearing on the issuance of the Bonds. The public hearing, at which persons may appear and present their views, and which may be continued or adjow1 ed, will be held at a meeting that will begin at 6:00 p.m. on Wednesday, September 4, 2024, before the City Council in the Council Chambers, City Hall, 442 West Washington Street in Suffolk, Virginia. All interested persons arc invited to appear at the time and place aforementioned, and any interested person whose participation in this meeting would require the accommodation of a disability should contact Albert S. Moor, City Manager, at (757) 514-4012. 190706946.3 Ordinances Resolutions AGENDA: September 4, 2024, Regular Session ITEM: Staff Report – Roadway Maintenance and Paving Program Update Public Works will provide an update on the City’s Roadway Maintenance Program to include ditch maintenance and roadway paving. AGENDA: September 4, 2024, Regular Session ITEM: Motion - A motion to schedule a Public Hearing for September 18, 2024, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Speights Spillway Bridge Replacement project. The primary purpose of this project is to rehabilitate the structurally deficient bridge structure over the spillway for Lake Speight along Turlington Road. Work includes removal and replacement of the superstructure, as well as, the upgrading of Guardrail. A motion is requested to schedule the required public hearing to be held at the September 18, 2024, City Council Meeting. AGENDA: September 4, 2024, Regular Session ITEM: Motion – A motion to schedule a Joint Work Session, of City Council and the Suffolk Public School Board, for Tuesday, September 24, 2024, at 3 p.m., unless canceled  Motion to schedule a City Council Work Session, for Wednesday, September 18, 2024, at 4:00p.m., unless canceled by the Mayor and City Manager Non-Agenda Speakers New Business Announcements and Comments Adjournment