City Council Meeting Agendas

City Council Regular Meeting August 19, 2020 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 19, 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 ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of August 19, 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 Goldberg, 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 19, 2020, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting August 19, 2020 APPROVAL OF THE MINUTES Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the minutes from the May 20, 2020, Electronic Emergency Management 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 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 queried about the feasibility of students returning to in person instruction as it relates to the current number of coronavirus cases. Dr. Wagner advised that most public school systems have implemented virtual learning plans for the next nine to ten weeks, and that is the best approach. Vice Mayor Bennett opined about the possibility of a surge in the number of coronavirus cases due to the upcoming Labor Day holiday. Dr. Wagner reported that he was concerned about the possible surge in the number of coronavirus cases related to the Labor Day holiday. Mayor Johnson inquired about the effectiveness of the flu vaccine at this time. Dr. Wagner encouraged individuals to receive their flu vaccine as soon as possible. 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, as presented. Council Member Duman, on a motion seconded by Vice Mayor Bennett, to adopt the 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 AGENDA SPEAKERS There were no speakers under this portion of the agenda. 2 City Council Regular Meeting August 19, 2020 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate additional CARES Act Coronavirus Relief Funds from the Commonwealth of Virginia Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #9 - An ordinance to accept and appropriate funds from BECO, LLC for the Shoulders Hill/Route 17 Intersection Project Consent Agenda Item #10 - A resolution approving the issuance of multifamily housing revenue bonds for the renovation and rehabilitation of White Marsh Pointe at Eagle Landing, located in the City of Suffolk, Virginia 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 Goldberg, 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 to rezone and amend the official zoning map of the City of Suffolk to change the zoning from M-2, heavy industrial zoning district and B-2, General Commercial zoning district, to RC, Residential Compact zoning district, for property located on the northeastern side of Suburban Drive, Zoning Map 35, Parcel 82; RZN2019-008 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley submitted a report on the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing George B. Kemp, K&A Builders, applicant, on behalf of Mike Zarpas, property owner, spoke in support of the proposed ordinance, as presented. Martin Speroni, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing George B. Kemp, K&A Builders, applicant, on behalf of Mike Zarpas, property owner spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting August 19, 2020 Council Member Milteer, on a motion seconded by Vice Mayor Bennett, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM M-2, HEAVY INDUSTRIAL ZONING DISTRICT, AND B-2, GENERAL COMMERCIAL ZONING DISTRICT, TO RC, RESIDENTIAL COMPACT ZONING DISTRICT, FOR PROPERTY LOCATED ON THE NORTHEASTERN SIDE OF SUBURBAN DRIVE, ZONING MAP 35, PARCEL 82; RZN2019- 008 (CONDITIONAL) Public Hearing – An ordinance to grant a Conditional Use Permit to establish a mini-warehouse, on property located at 3832 Bridge Road, Zoning Map 12, Parcel 55*2*E; CUP2020-011 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a synopsis of the background information as printed in the official agenda. Jon Babineau, no address provided, representing Burt C. Cutright, BBP3, applicant and property owner, spoke in support of the proposed ordinance, with conditions. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Ward, 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- WAREHOUSE, ON PROPERTY LOCATED AT 3832 BRIDGE ROAD, ZONING MAP 12, PARCEL 55*2*E; CUP2020-011 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Daycare, Child Day Center on property located at 3832 Bridge Road, Zoning Map12, Parcel 55*2*E; CUP2020-012 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summation of the background information as printed in the official agenda. Jon Babineau, no address provided, representing Burt C. Cutright, BBP3, applicant and property owner, spoke in support of the proposed ordinance, with conditions. Hearing no additional speakers, the public hearing is closed. 4 City Council Regular Meeting August 19, 2020 Council Member Ward, on a motion seconded by Council Member Fawcett, moved to amend 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 DAYCARE, CHILD DAY CENTER ON PROPERTY LOCATED AT 3832 BRIDGE ROAD, ZONING MAP12, PARCEL 55*2*E; CUP2020-012 Public Hearing – An ordinance to grant a Conditional Use Permit to establish Surface Mining (Borrow Pit) on property located at 1136 Audubon Road, Zoning Map 9, Parcel 4; CUP2020-013 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a review of the background information as printed in the official agenda. Brian Layne, 7021 Harbourview Boulevard, representing Richard T. Turner, Suffolk Materials, LLC. applicant, on behalf of Chuckatuck Eight, LLC, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Richard Turner, 100 Commerce Street, Smithfield, Virginia, representing Suffolk Materials LLC, applicant, on behalf of Chuckatuck Eight, LLC, 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 SURFACE MINING (BORROW PIT) ON PROPERTY LOCATED AT 1136 AUDUBON ROAD, ZONING MAP 9, PARCEL 4; CUP2020-013 ORDINANCES There were no items on this portion of the agenda. RESOLUTIONS Resolution – A resolution in support of the City’s proposal to partner with the Economic Development Authority of the City of Suffolk to manage and distribute grant funding from the Obici Healthcare Foundation in support of the Suffolk small business community impacted by COVID-19 pandemic 5 City Council Regular Meeting August 19, 2020 Utilizing a PowerPoint presentation, Economic Development Assistant Director Gregory Byrd offered an overview of the background information as printed in the official agenda. Vice Mayor Bennett, on motion seconded by Council Member Duman, 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 IN SUPPORT OF THE CITY’S PROPOSAL TO PARTNER WITH THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SUFFOLK TO MANAGE AND DISTRIBUTE GRANT FUNDING FROM THE OBICI HEALTHCARE FOUNDATION IN SUPPORT OF THE SUFFOLK SMALL BUSINESS COMMUNITY IMPACTED BY COVID-19 PANDEMIC STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a public hearing on September 2, 2020, to consider the adoption of a resolution regarding the establishment of a “No Wake” zone on Bennetts Creek, adjacent to the communities of Parkside and the Retreat at Bennetts Creek Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a public hearing on September 2, 2020, to consider the adoption of a resolution regarding the establishment of a “No Wake” zone on Bennetts Creek, adjacent to the communities of Parkside and the Retreat at Bennetts Creek, 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, September 2, 2020, at 4:00 p.m., unless cancelled Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to schedule a City Council Work Session, for Wednesday, September 2, 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 6 City Council Regular Meeting August 19, 2020 NON-AGENDA SPEAKERS Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden-Eclipse-Hobson Civic League, opined about land use matters in her community. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations to the respective bodies: Economic Development Authority of the City of Suffolk (Sleepy Hole Borough) – Mary Snyder; Southeastern Public Service Authority (alternate) – Public Works Director Louis Hansen; Virginia Municipal League Annual Business Meeting – Council Member Roger Fawcett and Virginia Municipal League Urban Section Voting Delegate – Council Member Roger Fawcett. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: Suffolk Fire and Rescue Department’s Lieutenant L. Watson’s receipt of the Hampton Roads Chamber of Commerce’s Medal of Valor Award; Suffolk Police Department’s C. Scherer, J. Catanese and R. Linville’s receipt of the Hampton Roads Chamber of Commerce’s Medal of Valor Award; downtown road closures; the closure of the Suffolk Art Gallery for renovations; Suffolk Public Library’s Virtual Iconicon Week; and Suffolk Parks and Recreation Department’s facility updates. Council Member Johnson acknowledged City Administration for their efforts to during the COVID-19 pandemic. Council Member Ward opined about the COVID-19 pandemic. Council Member Duman extended his condolences to the family of the late Dr. Freddie Wiggins. Council Member Duman acknowledged the recipients of the Hampton Roads Chamber of Commerce’s Medal of Valor Awards. Council Member Duman opined about the Facebook page for the Suffolk Police Department. Council Member Milteer acknowledged City Administration for the post Hurricane Isaias cleanup. Council Member Fawcett acknowledged the recipients of the Hampton Roads Chamber of Commerce’s Medal of Valor Awards. Council Member Fawcett acknowledged City Administration for the post Hurricane Isaias cleanup. 7 City Council Regular Meeting August 19, 2020 Council Member Goldberg reported an issue with the train at Wilroy Road. Council Member Goldberg acknowledged City Administration for the post Hurricane Isaias cleanup. Council Member Goldberg opined about the lack of response from Spectrum as it relates to post Hurricane Isaias cleanup and the need to expand broadband services. Council Member Goldberg encouraged residents to participate in early voting by mail. Vice Mayor Bennett opined about the lack of response from Spectrum as it relates to post Hurricane Isaias cleanup and the need to expand broadband services. Vice Mayor Bennett acknowledged public safety personnel for their efforts to during the COVID-19 pandemic. Vice Mayor Bennett queried about the status of access to structure located at 300 East Washington Street. City Manager Roberts advised that the structure has been deemed unsafe, therefore, it is not accessible at this time. Vice Mayor Bennett opined about the COVID-19 pandemic. Vice Mayor Bennett encouraged residents to participate in an upcoming COVID-19 testing event at East End Baptist Church. Mayor Johnson opined about the COVID-19 pandemic. Mayor Johnson acknowledged public safety personnel for their efforts to during the COVID-19 pandemic. Mayor Johnson extended her condolences to the family of the late Dr. Freddie Wiggins. Mayor Johnson extended her condolences to Charlie Blanchard on the passing of his father. Mayor Johnson advised that the Hampton Roads Transportation Accountability Commission and the Virginia Department of Transportation have entered into an agreement to expand the Hampton Roads Bridge Tunnel. Mayor Johnson opined about the need for Spectrum to expand broadband services. Mayor Johnson queried about the feasibility to utilize Coronavirus Aid, Relief, and Economic Security Act funding for the Coalition Against Poverty in Suffolk Program. Mayor Johnson queried about receiving a presentation about early voting by mail. 8 City Council Regular Meeting August 19, 2020 Council Member Fawcett, 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, 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 at 8:40 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk APPROVED: JANUARY 20, 2021 9