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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · October 16, 2019

AgendaMinutes

Minutes

City Council Regular Meeting October 16, 2019 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 16, 2019, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, Sr. Lue R. Ward, Jr. Patrick G. Roberts, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk ABSENT Roger W. Fawcett (excused) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order. Council Member Milteer offered the Invocation and led the Pledge of Allegiance. Mayor Johnson announced that Council Member Fawcett would not be in attendance tonight. APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Milteer, moved to approve the minutes from the September 18, 2019, Work Session, and Regular Session, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson advised that a motion was in order at this time to adopt the agenda. 1 City Council Regular Meeting October 16, 2019 Council Member Milteer, on a motion seconded by Vice Mayor Bennett, to adopt the agenda as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 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 a 2019 Port Security Grant from the United States Department of Homeland Security for the Suffolk Department of Fire and Rescue Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Risk Sharing Association for the City of Suffolk Risk Management Program Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund Consent Agenda Item #10 - An ordinance to accept and appropriate a Bulletproof Vest Partnership Grant from the United States Department of Justice for the Suffolk Police Department Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department Consent Agenda Item #12 - An ordinance to accept and appropriate funds to the General Fund, Economic Development Investment Program Account Referring to Consent Agenda Items #7 through #12, City Manager Roberts submitted a review of the background information as printed in the official agenda. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 2 City Council Regular Meeting October 16, 2019 PUBLIC HEARINGS Public Hearing – A public hearing regarding a resolution creating an authority under the Wireless Service Authorities Act to be known as the Southside Network Authority Utilizing a PowerPoint presentation, Information Technology Assistant Director Regina Chandler provided a summary of the background information as printed in the official agenda. Roger Leonard, 550 North Liberty Springs Road, representing self, opined about broadband infrastructure, the proposed authority’s future operations, and Suffolk’s representation on the proposed authority. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Vice Mayor Bennett, moved to approve the resolution, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 A RESOLUTION CREATING AN AUTHORITY UNDER THE WIRELESS SERVICE AUTHORITIES ACT TO BE KNOWN AS THE SOUTHSIDE NETWORK AUTHORITY Public Hearing – An ordinance to grant a variance to the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance in order to grant relief from the maximum cul-de- sac/dead-end street length standards and connectivity standards, on property located at Northgate Commerce Park; SBV2019-002 Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley offered a review of the background information as printed in the official agenda. Kevin Hughes, no address provided, Secretary/Treasurer, Economic Development Authority of the City of Suffolk, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 AN ORDINANCE TO GRANT A VARIANCE TO THE STREET IMPROVEMENT STANDARDS OF SECTION 31-612 OF THE UNIFIED DEVELOPMENT ORDINANCE IN ORDER TO GRANT RELIEF FROM THE MAXIMUM CUL-DE-SAC/DEAD-END STREET LENGTH STANDARDS AND CONNECTIVITY STANDARDS, ON PROPERTY LOCATED AT NORTHGATE COMMERCE PARK; SBV2019-002 3 City Council Regular Meeting October 16, 2019 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 1, General Provisions, Section 31-102, Purpose; and Article 4, Zoning, Section 31-407, Dimensional and Density Regulations; OTA2019-007 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 1, GENERAL PROVISIONS, SECTION 31-102, PURPOSE; AND ARTICLE 4, ZONING, SECTION 31-407, DIMENSIONAL AND DENSITY REGULATIONS; OTA2019-007 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a bed and breakfast, on property located at 3404 Dumpling Court, Zoning Map 19L, Parcel 92; CUP2019-014 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied an overview of the background information as printed in the official agenda. Tiffinee Yancey, no address provided, applicant and property owner, spoke in support of the proposed ordinance, as presented. David Komornik, no address provided, Vice President, Nansemond River Estates Community Association II, Incorporated, spoke in opposition to the proposed ordinance, as presented Santora McKinney, 3406 Dumpling Court, representing self, spoke in opposition to the proposed ordinance, as presented. Roger Leonard, 550 North Liberty Springs Roads, representing self, opined about the locations of bed and breakfast in the City. The following individuals spoke in opposition to the proposed ordinance, as presented: Corey Wright, 3402 Dumpling Court, representing self. Tyrell Grant, 3342 Nansemond River Drive, representing self. Mayor Johnson advised City Council that the 30-minute public hearing time had expired and should City Council wish to extend the public hearing for 10 minutes for the proponents and the opponents, a motion would be in order to suspend City Council’s Rules of Order and Procedure. 4 City Council Regular Meeting October 16, 2019 Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to suspend City Council’s Rules of Order and Procedure and extend the public hearing for 10 minutes for both the proponents and the opponents, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 The following individuals spoke in opposition to the proposed ordinance, as presented: Ulysses Brown, Jr., 3407 Dumpling Court, representing self. Vincent Murdock, 3349 Oyster Creek Drive, representing self. Shawnell Whitehead, 3355 Starcreek Court, representing self. Dennis Quinn, 3344 Nansemond River Drive, representing self. Tiffinee Yancey, no address provided, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded Council Member Duman, moved to deny the proposed ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. 5 City Council Regular Meeting October 16, 2019 MOTIONS Motion – A motion to schedule a City Council Work Session for Wednesday, November 6, 2019, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Milteer, moved to schedule a City Council Work Session for Wednesday, November 6, 2019, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 NON-AGENDA SPEAKERS Tier Burkes, 610 Thimble Shoals Boulevard, Suite 402B, Newport News, Virginia, representing self, opined about the release of litigant funds. Patricia Merica, 9300 Eclipse Drive, representing self, opined about environmental concerns in Eclipse. Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden Eclipse and Hobson Civic League, opined about the removal of Crittenden-Eclipse village from the City’s Comprehensive Plan Growth Area. Rod Thompson, 93139 Eclipse Drive, representing self, opined about concerns about development in Eclipse. Susan Cook, 302 Bridlewood Lane, representing self, expressed concerns about abused horses. NEW BUSINESS Mayor Johnson outlined the following proposed motion – a motion to initiate a review of the Unified Development Ordinance by the Planning Commission pertaining to the allowable zoning districts and any supplement use regulations for the placement of a bed and breakfast inn. Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to initiate a review of the Unified Development Ordinance by the Planning Commission pertaining to the allowable zoning districts and any supplemental use regulations for the placement of a bed and breakfast inn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 6 City Council Regular Meeting October 16, 2019 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley reported on the following: ribbon cuttings for Clarity Acne and Aesthetic Medicine, Turntine Insurance and Nasoni; the Driver Sportsplex Master Plan community input meeting; the Bennett’s Creek Park Drive In Movie; the African-American Heritage Trail Initiative Community-Meet Up and Engage Suffolk community event. Council Member Johnson acknowledged the residents from Eclipse who were in attendance. Council Member Johnson reported that he attended the Kings Fork Ruritan Club 70th anniversary event. Council Member Ward announced he attended the following events: the Peanut Fest Queen’s Banquet; the Peanut Fest Parade; the Shrimp Feast; the Peanut Fest; the Greater Hampton Roads Regional Crime Lines, Incorporated 19th Annual Top Cops Dinner; and the Virginia Municipal League Annual Conference. Council Member Duman thanked Planning and Community Development Director David Hainley for his assistance. Council Member Duman reported that he attended the following events: the Peanut Fest Queen’s Banquet; the Peanut Fest Parade; the Shrimp Feast and the Peanut Fest. Council Member Duman opined about the City’s receipt of the AAA bond rating from Moody’s Investors Service. Council Member Milteer announced that he attended Peanut Fest. Council Member Milteer opined about the City’s receipt of the AAA bond rating from Moody’s Investors Service. Council Member Goldberg opined about the City’s receipt of the AAA bond rating from Moody’s Investors Service. Vice Mayor Bennett opined about the installation of the new Superintendent of Suffolk Public Schools, Dr. John B. Gordon III. Vice Mayor Bennett reported he that he attended the following: the Peanut Fest Queen’s Banquet; the Peanut Fest Parade; the Shrimp Feast; the Peanut Fest; and the Greater Hampton Roads Regional Crime Lines, Incorporated 19th Annual Top Cops Dinner. Vice Mayor Bennett opined about the City’s receipt of the AAA bond rating from Moody’s Investors Service. Mayor Johnson opined about the City’s receipt of the AAA bond rating from Moody’s Investors Service. Mayor Johnson called for a motion to suspend the City Council’s Rules of Order and Procedure to permit Ellen Saunders, Western Tidewater Free Clinic, to address City Council 7 City Council Regular Meeting October 16, 2019 Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to suspend City Council’s Rules of Order and Procedure to permit Ellen Saunders, Western Tidewater Free Clinic, to address City Council, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 Ellen Saunders, no address provided, representing the Western Tidewater Free Clinic, provided an update on their services. Council Member Goldberg, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Fawcett was excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:13 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 20, 2019 8

Agenda

SUFFOLK CITY COUNCIL AGENDA October 16, 2019 7:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation No City Council was action required. 3. Approval of the Minutes Approved 7-0 (Council Member Fawcett was excused.) 4. Special Presentations No City Council was action required. 5. Removal of Items from the Consent Agenda and Adoption of the Agenda Approved 7-0 (Council Member Fawcett was excused.) 6. Agenda Speakers No City Council was action required. 7. Consent Agenda – An ordinance to accept and appropriate a 2019 Port Security Grant from the United States Department of Homeland Security for the Suffolk Department of Fire and Rescue Approved 7-0 (Council Member Fawcett was excused.) 8. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Risk Sharing Association for the City of Suffolk Risk Management Program Approved 7-0 (Council Member Fawcett was excused.) 9. Consent Agenda – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund Approved 7-0 (Council Member Fawcett was excused.) 10. Consent Agenda – An ordinance to accept and appropriate a Bulletproof Vest Partnership Grant from the United States Department of Justice for the Suffolk Police Department Approved 7-0 (Council Member Fawcett was excused.) 11. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department Approved 7-0 (Council Member Fawcett was excused.) 12. Consent Agenda – An ordinance to accept and appropriate funds to the General Fund, Economic Development Investment Program Account Approved 7-0 (Council Member Fawcett was excused.) 13. Public Hearing – A public hearing regarding a resolution creating an authority under the Wireless Service Authorities Act to be known as the Southside Network Authority Approved 7-0 (Council Member Fawcett was excused.) 14. Public Hearing – An ordinance to grant a variance to the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance in order to grant relief from the maximum cul-de-sac/dead-end street length standards and connectivity standards, on property located at Northgate Commerce Park; SBV2019-002 Approved 7-0 (Council Member Fawcett was excused.) 15. Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 1, General Provisions, Section 31-102, Purpose; and Article 4, Zoning, Section 31-407, Dimensional and Density Regulations; OTA2019-007 Approved 7-0 (Council Member Fawcett was excused.) 16. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a bed and breakfast, on property located at 3404 Dumpling Court, Zoning Map 19L, Parcel 92; CUP2019-014 Approved 7-0 (Council Member Fawcett was excused.) 17. Ordinances No City Council action was required. 18. Resolutions No City Council action was required. 19. Staff Reports No City Council action was required. 20. Motion – A motion to schedule a City Council Work Session for Wednesday, November 6, 2019, at 4:00 p.m., unless cancelled Approved 7-0 (Council Member Fawcett was excused.) 21. Non-Agenda Speakers No City Council action was required. 22. New Business A motion to initiate a review of the Unified Development Ordinance by the Planning Commission pertaining to the allowable zoning districts and any supplement use regulations for the placement of bed and breakfast inn was approved by a vote of 7-0. (Council Member Fawcett was excused.) 23. Announcements and Comments No City Council action was required. 24. Adjournment Approved 7-0 (Council Member Fawcett was excused.) 2

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