City Council Meeting Agendas

City Council Regular Meeting August 5, 2020 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 5, 2020, at 6:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett 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 None 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. City Clerk Dawley called the roll, and all members of City Council were in attendance. FREEDOM OF INFORMATION CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of August 5, 2020, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the resolution, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF AUGUST 5, 2020, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting August 5, 2020 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the May 6, 2020, Regular Meeting, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 SPECIAL PRESENTATIONS Mayor Johnson advised that City Manager Roberts had additional items for City Council’s consideration. City Manager Roberts announced that a motion would be in order to add two additional items to the agenda under Special Presentations regarding COVID-19 and an update on Hurricane Isaias and one item under New Business – a resolution declaring and rescinding a local emergency. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to amend the agenda to add the two aforementioned items under Special Presentations and the aforementioned resolution under New Business, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Special Presentation – COVID-19 Update Utilizing a PowerPoint presentation, Dr. Todd Wagner, Director, Western Tidewater Health District, provided information on the above referenced item. Vice Mayor Bennett inquired about the Commonwealth’s mobile application that would assist with coronavirus contract tracing. Dr. Wagner explained that the application would message a person if they were within six feet of another person who had reported coronavirus, and both people’s devices need to have Bluetooth enabled. Vice Mayor Bennett queried about the feasibility of having additional walk up testing events. Dr. Wagner reported that participation at these events has been marginal. He added, however, that if there is a need for a walk up testing event, the Western Tidewater Health District would be glad to coordinate. Special Presentation – Hurricane Isaias Update Utilizing a PowerPoint presentation, Deputy Fire Chief Brian Spicer and Public Works Director Louis Hansen supplied a report regarding the above referenced item. City Manager Roberts offered supplementary information. 2 City Council Regular Meeting August 5, 2020 REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson advised that the agenda was adopted by unanimous consent of the City Council when the agenda was amended. 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 funds from the Federal Transit Administration for the City’s public transit service Consent Agenda Item #8 - An ordinance to accept and appropriate CARES ACT funding from the Virginia Department of Elections to assist with the 2020 Presidential Election Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Keep Virginia Beautiful “30 Grants In 30 Days” Grant Award for the City of Suffolk Litter Prevention and Recycling Program Consent Agenda Item #10 - A resolution authorizing continued participation in the Western Tidewater HOME Consortium Referring to Consent Agenda Items #7 through #10, City Manager Roberts submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance authorizing the issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, David Rose, Senior Vice President, Davenport and Company, the City’s financial advisors, provided a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 3 City Council Regular Meeting August 5, 2020 Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF Public Hearing - An ordinance authorizing the acquisition of real property in fee simple and/or permanent and temporary easements, either by agreement or condemnation, for the 3800 Block of Pughsville Road Gravity Sewer Extension Project Utilizing a PowerPoint presentation, Interim Public Utilities Director Paul Retel offered 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 Fawcett, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE 3800 BLOCK OF PUGHSVILLE ROAD GRAVITY SEWER EXTENSION PROJECT Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from A, Agricultural zoning district, to RLM, Residential Low Medium Density zoning district, for property located on Turlington Road, Zoning Map 43, Parcel 19; RZN2018-009 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley gave an overview of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Bobby Glenn Johnson, Turlington Road Associates, applicant and property owner, spoke in support of the proposed ordinance, as presented. Chris Parrish, 7021 Harbour View Boulevard, Parrish-Layne Design Group, representing Bobby Glenn Johnson, Turlington Road Associates, applicant and property owner, offered additional information regarding the project. 4 City Council Regular Meeting August 5, 2020 Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Bobby Glenn Johnson, Turlington Road Associates, applicant and property owner, spoke in support of the proposed ordinance, as presented. The following individuals spoke in opposition to the proposed ordinance, as presented: Ron Gradine, 543 Turlington Road, representing self. Marvin Barnes, 548 Turlington Road, representing self. Lacie Gross, 539 Turlington Road, representing self. Kandy Lewis, 537 Turlington Road, representing self. Pastor Steve Kennedy, 545 Turlington Road, representing Calvary Baptist Missionary Church. Anita Carter, 567 Turlington Road, representing self. Juanita Ealey, 560 Turlington Road, representing self. Joshua Gray, 561 Turlington Road, representing self. Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to extend the public hearing time for, both, the opponents and proponents by five minutes, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Tina Stueber, 562 Turlington Road, representing self, spoke in opposition to the proposed ordinance, as presented. Unidentified male speaker, no address provided, representing self, spoke in opposition to the proposed ordinance, as presented. Chris Parrish, 7021 Harbour View Blvd, Parrish-Layne Design Group, representing Bobby Glenn Johnson, Turlington Road Associates, applicant and property owner, offered additional information about the drainage issues raised by opposition speakers. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., 705 West Washington Street, agent, representing Bobby Glenn Johnson, Turlington Road Associates, applicant and property owner for the applicant, offered additional information regarding traffic and drainage issues raised by opposition speakers. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Milteer opined about the Planning Commission’s lack of recommendation on the proposed ordinance. 5 City Council Regular Meeting August 5, 2020 Referring to the presentation, Council Member Johnson requested information about the number of dwellings approved but not yet built on Turlington Road. Planning and Community Development Director Hainley estimated that there are 150-200 dwellings that have been approved for construction but have not been built. Council Member Johnson solicited information about the number of dwellings approved but not yet built citywide. Planning and Community Development Director Hainley stated that there are approximately 4,000 dwellings that have been approved for construction but not been built. Council Member Fawcett opined about a traffic impact analysis and the future plans for road improvements on Turlington Road to mitigate traffic. Public Works Director Hansen advised that a traffic impact analysis was done. He added that there is no Capital Improvement Project or funding identified for Turlington Road. He further advised that the City’s traffic impact analysis indicates the road meet the required standards. Council Member Fawcett solicited information about drainage on the property. Public Works Director Hansen said that stormwater issues will be evaluated during the site plan review process. Council Member Duman inquired about the feasibility of referring the proposed ordinance back to the Planning Commission. City Attorney Holland advised that action is not needed, because City Council is the body which ultimately must make the decision on the proposed ordinance. Referring to Ms. Gross’ comments during the public hearing, Council Member Duman asked about the history of the sale of the parcel under consideration to the applicant. Mr. Saunders explained that the matter of the sale is complicated by the fact there was a family transfer of the parcel under consideration. Mayor Johnson called for clarification about the ownership of the 100 feet easement under consideration. Mr. Saunders advised the easement is owned by the developers. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to continue consideration of the proposed ordinance for 60 days to the October 7, 2020, City Council meeting. Referring to the presentation, Council Member Goldberg asked whether stormwater retention ponds on the parcel under consideration would mitigate the stormwater concerns addressed by surrounding property owners. Mr. Parrish advised that the ponds would treat any water on the parcel under consideration and any water that would reach the surrounding property. Council Member Goldberg queried about the runoff’s destination. Mr. Parrish advised that there are two low areas at the entrance of the parcel to treat water. Council Member Milteer, on a substitute motion seconded by Council Member Johnson, moved to deny the ordinance. Council Member Fawcett reiterated the main motion to table the application for 60 days. City Attorney Holland clarified that Council Member Milteer’s motion should be voted on first as the substitute, and Council Member Fawcett’s main motion would be addressed, depending on the outcome of the substitute motion. 6 City Council Regular Meeting August 5, 2020 Council Member Milteer, on a substitute motion seconded by Council Member Johnson, moved to deny the ordinance, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members T. Johnson, Milteer and Ward 5 NAYS: Council Members Duman, Fawcett and Goldberg 3 City Council recessed at 8:33 p.m. and reconvened at 8:42 p.m. Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to amend the previously approved proffered conditions for property located at 6460 and 6472 Hampton Roads Parkway, Zoning Map 6, Parcels 27C*1*A and 27C*1*B; RZN2020-004 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a summary of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Chris Morgan, SXCW Properties, II, LLC, applicant, representing HVS East, LLC, property owner, spoke in support of the proposed ordinance, as presented. Chris Morgan, 7935 Council Place, Matthews, North Carolina, SXCW Properties II, LLC, applicant, representing HVS East, LLC, property owner, spoke in support of the proposed ordinance, as presented. Whitney Saunders, Saunders and Ojeda, 705 West Washington Street, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Chris Morgan, SXCW Properties, II, LLC, applicant, representing HVS East, LLC, property owner, distributed hard copies of the following proffers for consideration – 3. “The applicant shall construction an automated “tunnel” car wash with a manual presoak station.”; 4. “The car wash and vacuum station shall operate no earlier than 7:30 a.m. and no later than 9:00 p.m. The fuel sales stations shall operate no earlier than 6:00 a.m. and no later than 10:00 p.m.” and 5. The applicant shall post “no noise” signage at the vacuum stations in clearly visabe and obvious locations.” Belinda Porter, owner of 6393 Old Town Point Rd, representing self, spoke in opposition to the proposed ordinance, as presented. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Chris Morgan, SXCW Properties, II, LLC, applicant, representing HVS East, LLC, property owner, spoke in support of the proposed ordinance, as presented. Referring to the presentation, Council Member Fawcett asked if the operation was seven days per week. Mr. Saunders replied in the affirmative. Referring to the presentation, Council Member Fawcett queried whether the exit to Hampton Roads Parkway a right turn only. Mr. Saunders replied that the egress would allow for a right or left turn. Hearing no additional speakers, the public hearing was closed. 7 City Council Regular Meeting August 5, 2020 Referring to the presentation, Council Member Goldberg requested clarification about the location of the vacuum station. Mr. Saunders advised that the vacuum station is located under a canopy in the middle of the property. Mayor Johnson inquired about orientation of the buffer on the site plan for the parcel under consideration. Mr. Saunders replied that the car wash is located against the buffer. Council Member Ward solicited clarification about the types of businesses permitted by-right on the parcel under consideration. Planning and Community Development Director Hainley advised all uses that meet the requirements for the B-2 Zoning District designation would be allowed on the parcel under consideration. Council Member Ward queried about the feasibility of a gas station being built on the parcel under consideration. Planning and Community Development Director Hainley replied that gas stations are an allowed use on properties that are under the B-2 Zoning District designation. Council Member Ward opined about the allowable uses for the parcel under consideration as it relates to potential traffic issues. Council Member Ward moved to deny the proposed ordinance, as presented. The motion failed to receive a second. Referring to the presentation, Vice Mayor Bennett asked whether a right turn ingress and egress could be proffered. Mr. Saunders said he could ask the applicant, but the cut through across the street would still allow for left turns. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to continue consideration of the proposed ordinance for 60 days to the October 7, 2020, City Council meeting, was approved by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Milteer 7 NAYS: Council Member Ward 1 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from O-I, Office-Intuitional zoning district to M-2, Heavy Industrial zoning district, for property located on Old Somerton Road, Zoning Map 44, Parcels 92A, 92D, and 94; RZN2020-003(Conditional) Mayor Johnson announced she would abstain from consideration of and voting on Rezoning Request 2020-003 and Conditional Use Permit 2020-004, as her company was involved in the sale of the property in question. Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered a report of the background information as printed in the official agenda for Rezoning Request 2020-003 (Conditional) and the following public hearing item, Conditional Use Permit 2020-004. 8 City Council Regular Meeting August 5, 2020 Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Ram Adar, BHT Property Group, LLC, applicant, representing Nicole Quinn and Joshua Pretlow, Jr., VCS, LLC, property owners, spoke in support of the proposed ordinance, as presented. Amy Connelly, Bay Environmental, 648 Independence Parkway, Suite 100, Chesapeake, Virginia representing Ram Adar, BHT Property Group, LLC, applicant, representing Nicole Quinn and Joshua Pretlow, Jr., VCS, LLC, property owners, offered information on environmental impacts as it relates to the proposed ordinance. The following individuals spoke in opposition to the proposed ordinance, as presented: Alan Horne, 1280 Old Somerton Road, representing self. Larry Pennington, 1268 Old Somerton Road, representing self. William Bell, no address provided, representing self. Larry Horne, 111 Springfield Terrace, representing self. Council Member Milteer, on a motion seconded by Council Member Johnson, moved to extend the time limit allowed for public hearing speakers by five minutes for the proponents and opponents, was approved by the following roll call vote: AYES: Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Milteer 7 NAYS: None 0 ABSTAIN Mayor Johnson 1 The following individuals spoke in opposition to the ordinance: Glen Horne, 126 Gene Avenue, representing self. Inaudible male speaker, owner of 1284 and 1286 Old Somerton Road, representing self. Amy Connelly, Bay Environmental, 648 Independence Parkway, Suite 100, Chesapeake, Virginia representing Ram Adar, BHT Property Group, LLC, applicant, representing Nicole Quinn and Joshua Pretlow, Jr., VCS, LLC, property owners, offered information on environmental impacts as it relates to the proposed ordinance. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Ram Adar, BHT Property Group, LLC, applicant, representing Nicole Quinn and Joshua Pretlow, Jr., VCS, LLC, property owners, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett sought clarification about the possible removal of the trees from the parcel under consideration. Mr. Saunders stated that the wetlands area of the property will remain intact, and no timber will be removed from the area by the creek. 9 City Council Regular Meeting August 5, 2020 Council Member Duman opined about the following possible conditions that could be included in the proposed ordinance for Conditional Use Permit 2020-004, which will be considered should City Council approve the proposed ordinance for Rezoning Request 2020-003: limitations of the hours of operation, the prohibition of live auctions and storage time, and a stipulation permitting late delivery of vehicles only in the event of an emergency. Referring to the presentation, Council Member Duman queried about the number of acres would be used for auto storage. Mr. Saunders advised about half of the 119 acres would be in use for auto storage. He explained that the rest of the property is wetlands and would not be used. Referring to the presentation, Council Member Duman called for information about any potential runoff issues from the parcel under consideration as it relates to nearby waterways. Mr. Saunders advised that an annual environmental audit is one of the conditions included in the proposed ordinance that would mitigate that issue. He added that the applicant will also have additional safeguards for the facility. Council Member Johnson asked Ms. Connelly if she physically inspected the parcel under consideration. Ms. Connelly replied that she did physically inspect the parcel under consideration as a part of the environmental survey. Council Member Goldberg inquired about the nature of property across the street from the parcel under consideration. Mr. Saunders confirmed that the property across the street from the parcel under consideration is a truck facility, and he believes it is classified under the M-2 Zoning District. An unidentified male who identified himself as a representative for the applicant advised that the applicant would be amenable to proposed conditions presented by Council Member Duman regarding limitations of the hours of operation, the prohibition of live auctions and storage time, and a stipulation permitting late delivery of vehicles only in the event of an emergency. City Manager Roberts clarified that the above proposed conditions would be applicable to the next public hearing item, Conditional Use Permit 2020-004, not in the proposed ordinance under consideration for Rezoning Request 2020-003 (Conditional). Council Member Milteer made a motion to deny the application for the proposed ordinance for Rezoning Request 2020-003 (Conditional). The motion failed to receive a second. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Duman, Fawcett, Goldberg, and T. Johnson 4 NAYS: Vice Mayor Bennett and Council Members Milteer and Ward 3 ABSTAIN: Mayor Johnson 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM O-I, OFFICE-INTUITIONAL ZONING DISTRICT TO M-2, HEAVY INDUSTRIAL ZONING DISTRICT, FOR PROPERTY LOCATED ON OLD SOMERTON ROAD, ZONING MAP 44, PARCELS 92A, 92D, AND 94; RZN2020-003 (CONDITIONAL) 10 City Council Regular Meeting August 5, 2020 Public Hearing – An ordinance to grant a Conditional Use Permit to establish an automobile auction, automobile graveyard, and automobile storage yard, on property located on Old Somerton Road, Zoning Map 44 Parcels 92A, 92D, and 94; CUP2020-004 Planning and Community Development Director Hainley supplied a synopsis of the background information as printed in the official agenda during the previous presentation of Rezoning Request 2020-003. Amy Connelly, Bay Environmental, 648 Independence Parkway, Suite 100, Chesapeake, Virginia, representing Ram Adar, BHT Property Group, LLC, applicant, representing Nicole Quinn and Joshua Pretlow, Jr., VCS, LLC, property owners, spoke in support of proposed ordinance, with conditions, as presented. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Ram Adar, BHT Property Group, LLC, applicant, representing Nicole Quinn and Joshua Pretlow, Jr., VCS, LLC, property owners, spoke in support of the proposed ordinance, with conditions as presented. Referring to Mr. Saunders’ comments, Council Member Johnson asked whether his presentation included the limitation of vehicle storage to six months. Mr. Saunders replied in the affirmative. Referring to Mr. Saunders’ comments, Council Member Duman queried about the inclusion of the prohibition of on-site live auctions. Mr. Saunders said that the additional conditions will be included with proffers, which will be applicable to uses by any future owner. The following individuals spoke in opposition to the proposed ordinance, with conditions, as presented: Larry Pennington, 1268 Old Somerton Road, representing self, also opined about the proposed barrier on the parcel under consideration. Larry Horne, 111 Springfield Terrace, representing self. Kelly Hengler, 9345 Eclipse Drive, representing self. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Ram Adar, BHT Property Group, LLC, applicant, representing Nicole Quinn and Joshua Pretlow, Jr., VCS, LLC, property owners, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. City Manager Roberts offered clarification about the possible addition of three conditions to the proposed ordinance, Conditional Use Permit 2020-004, as it related to the previously approved ordinance, Rezoning Request 2020-003. Council Member Johnson, on a motion seconded by Council Member Goldberg, moved to approve the ordinance. 11 City Council Regular Meeting August 5, 2020 Council Member Duman asked about the enforcement mechanism as it relates to the required annual environmental audit. Planning and Community Development Director Hainley advised that should an annual environmental audit fail to be submitted to the City, it would be a violation of the Conditional Use Permit, which would be addressed by the Community Development Division. Council Member Duman reiterated his inquiry about the appropriate enforcement of environmental impacts. Ms. Connelly advised that the Virginia Department of Environmental Quality, the United States Army Corps of Engineers and the Environmental Protection Agency would all serve as enforcement agencies. Council Member Johnson, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions number one, two, and three, as presented, with revised condition number four – “The facility shall adhere to the following hours of operation: Monday through Friday 8:00 a.m. to 5:00 p.m. The only business permitted to take place on the property outside of regular business hours is deliveries only in the event of a natural disaster or catastrophe”; with condition six and seven, as presented, and the additions of condition number eight – “The storage of all vehicles shall be limited to 180 days maximum” and condition number nine – “No on-site auctions are permitted”, by the following roll call vote: AYES: Council Members Duman, Fawcett, Goldberg, and T. Johnson 4 NAYS: Vice Mayor Bennett and Council Members Milteer and Ward 3 ABSTAIN: Mayor Johnson 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN AUTOMOBILE AUCTION, AUTOMOBILE GRAVEYARD, AND AUTOMOBILE STORAGE YARD, ON PROPERTY LOCATED ON OLD SOMERTON ROAD, ZONING MAP 44 PARCELS 92A, 92D, AND 94; CUP2020-004, AS AMENDED Public Hearing – An ordinance to grant a conditional use permit to amend previously approved conditions pertaining to the establishment of a daycare, child (as accessory use to permitted place of worship or school), and to expand an existing place of worship, large, at least 6,000 square feet in the main sanctuary, on property located at 2460 Pruden Boulevard, Zoning Map 25A, Parcel 1*A; CUP2020-003 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a review of the background information as printed in the official agenda. David Sexton, 2460 Pruden Boulevard, Crosspoint Church, applicant and property owner, spoke in support of the ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 12 City Council Regular Meeting August 5, 2020 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO AMEND PREVIOUSLY APPROVED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF A DAYCARE, CHILD (AS ACCESSORY USE TO PERMITTED PLACE OF WORSHIP OR SCHOOL), AND TO EXPAND AN EXISTING PLACE OF WORSHIP, LARGE, AT LEAST 6,000 SQUARE FEET IN THE MAIN SANCTUARY, ON PROPERTY LOCATED AT 2460 PRUDEN BOULEVARD, ZONING MAP 25A, PARCEL 1*A; CUP2020-003 City Council recessed at 11:50 p.m. and reconvened at 11:59 p.m. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Mini-Farm (excluding concentrated animal feeding operation, concentrated aquatic animal production facility, or concentrated confined animal feeding operation), on property located at 6148 Whaleyville Boulevard, Zoning Map 64A2, Parcel (2)*71B and Zoning Map 64A, Parcel 70C; CUP2020-007 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a summary of the background information as printed in the official agenda for Conditional Use Permit 2020-007, and the following public hearing, Conditional Use Permit 2020-006. Emily Garlington, 2940 Whaleyville Boulevard, representing Ashley Gunn, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Dennis Spitler, no address provided, representing self, spoke in support of the proposed ordinance, with conditions, 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, with conditions, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A MINI- FARM (EXCLUDING CONCENTRATED ANIMAL FEEDING OPERATION, CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITY, OR CONCENTRATED CONFINED ANIMAL FEEDING OPERATION), ON PROPERTY LOCATED AT 6148 WHALEYVILLE BOULEVARD, ZONING MAP 64A2, PARCEL (2)*71B AND ZONING MAP 64A, PARCEL 70C; CUP2020-007 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Stable, commercial, on property located at 6148 Whaleyville Boulevard, Zoning Map 64A2, Parcel (2)*71B and Zoning Map 64A, Parcel 70C; CUP2020-006 Planning and Community Development Director Hainley gave an overview of the background information as printed in the official agenda during the previous presentation of Conditional Use Permit 2020-007. 13 City Council Regular Meeting August 5, 2020 Emily Garlington, 2940 Whaleyville Boulevard, representing Ashley Gunn, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A STABLE, COMMERCIAL, ON PROPERTY LOCATED AT 6148 WHALEYVILLE BOULEVARD, ZONING MAP 64A2, PARCEL (2)*71B AND ZONING MAP 64A, PARCEL 70C; CUP2020-006 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a research and development laboratory, on property located at 147 and 149 North Main Street, Zoning Map 34G18(A), Parcels 317*16 and 317*17; CUP2020-009 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley submitted a synopsis of the background information as printed in the official agenda. Kerry Shackelford, Vice President, Building Resilient Solutions, no address provided, representing Marcus and Paige Pollard, 139 North Main Street, LLC, property owners, spoke in support of the ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Goldberg asked about the feasibility of testing 24 hours per day. Mr. Shackelford explained that 24-hour operation entails soaking, draining and monitoring of materials remotely. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A RESEARCH AND DEVELOPMENT LABORATORY, ON PROPERTY LOCATED AT 147 AND 149 NORTH MAIN STREET, ZONING MAP 34G18(A), PARCELS 317*16 AND 317*17; CUP2020-009 ORDINANCES There were no items under this portion of the agenda. 14 City Council Regular Meeting August 5, 2020 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to move the start time, for City Council Meetings, to 6:00 p.m., unless cancelled, until further notice. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved the start time, for City Council Meetings, to 6:00 p.m., unless cancelled, until further notice, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Motion – A motion to schedule a City Council Work Session for Wednesday, August 19, 2020, at 4:00 p.m., unless cancelled Council Member Duman, on a motion seconded by Council Member Milteer, moved to schedule a City Council Work Session for Wednesday, August 19, 2020, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 NON-AGENDA SPEAKERS Kelly Hengler, 9345 Eclipse Drive, was not present when called. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination: George L. Consolvo, Suffolk Borough Representative, Economic Development Authority of the City of Suffolk. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to nominate and appoint George L. Consolvo, Suffolk Borough Representative, Economic Development Authority of the City of Suffolk, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 15 City Council Regular Meeting August 5, 2020 City Clerk Dawley presented following item for City Council’s consideration - a resolution declaring and rescinding a local emergency. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to approve a resolution declaring and rescinding a local emergency, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION DECLARING AND RESCINDING A LOCAL EMERGENCY ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Timothy Kelley provided a report on the following: rescheduling of refuse and recycling collection due Hurricane Isaias; temporarily revised special bulk waste collection policy; the observance of Hurricane Preparedness Week; the Statewide sales tax holiday, August 7-9, 2020; Suffolk Economic Development Department’s Workforce Opportunity Wednesday events; Suffolk Public Library’s Summer Reading Challenge and Amazing Peanut Chase Citywide Scavenger Hunt; and coronavirus precautions. Council Member Ward extended his condolences to Mayor Johnson on the loss of her mother. Council Member Ward thanked staff for assistance on various constituent issues. Council Member Ward opined about the passing of the late Congressman John Lewis. Council Member Duman offered his condolences to Mayor Johnson on the loss of her mother. Council Member Milteer reported he attended the retirement ceremony for Police Chief Thomas Bennett. Council Member Fawcett extended his condolences to Mayor Johnson on the loss of her mother. Council Member Fawcett announced he attended the retirement ceremony for Police Chief Thomas Bennett. Council Member Goldberg offered his condolences to Mayor Johnson on the loss of her mother. Council Member Goldberg acknowledged staff for their response to Hurricane Isaias. Vice Mayor Bennett extended his condolences to Mayor Johnson on the loss of her mother. Vice Mayor Bennett opined about the passing of the late Congressman John Lewis. Vice Mayor Bennett acknowledged staff for their response to Hurricane Isaias. Vice Mayor Bennett offered comments on the retirement of Police Chief Thomas Bennett. 16 City Council Regular Meeting August 5, 2020 Mayor Johnson commented on the passing of her mother. Mayor Johnson opined about the passing of the late Congressman John Lewis. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to adjourn, by the following roll call vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned on Thursday, August 6, 2020, at 12:41 a.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: DECEMBER 16, 2020 17