City Council Meeting Agendas

City Council Regular Meeting September 1, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 1, 2021, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Bennett Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. 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 Goldberg offered the Invocation and led the Pledge of Allegiance. City Council also observed a moment of silence for the military personnel in Afghanistan and those impacted by Hurricane Ida. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 1, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the resolution, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF SEPTEMBER 1, 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 1, 2021 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Butler Barlow, moved to approve the minutes from the March 3, 2021, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation – COVID – 19 Update Utilizing a PowerPoint presentation, Dr. Todd Wagner, Director, Western Tidewater Health Department, presented an overview of the above referenced item. Council Member Goldberg queried about the feasibility of receiving the coronavirus, influenza and singles vaccines simultaneously. Dr. Wagner replied in the affirmative. Council Goldberg called for clarification about the need for boosters as they relate to the Moderna and Pfizer coronavirus vaccines. Dr. Wagner said that the boosters are interchangeable. Council Member Goldberg opined about the date for coronavirus boosters. Dr. Wagner advised that after September 20th the boosters will be available. Council Member Fawcett inquired about the number of patients currently in Sentara Obici Hospital;s Intensive Care Unit because of the coronavirus. Dr. Wagner stated that he was not aware of the number of patients currently in that facility as a result of the coronavirus but he could research the matter. Council Member Fawcett opined about the feasibility of an infusion center being established in Suffolk. Dr. Wagner replied at this point, he was not aware of any such center planned for Suffolk. Mayor Duman asked about the number of coronavirus cases, as it relates to the Delta variant. Dr. Wagner explained that this point more than 90% of the new coronavirus cases are the Delta variant. Mayor Duman queried about the possible modification of the coronavirus vaccine in order to address the Delta variant. Dr. Wagner replied that the current coronavirus vaccines and boosters can address the Delta variant of the coronavirus. Mayor Duman opined about a person’s immunity level in the event that they had the coronavirus and the vaccine. Dr. Wagner stated that the most effective way to address immunity levels, it is best to receive both the coronavirus vaccine and booster. 2 City Council Regular Meeting September 1, 2021 Special Presentation - Taste of Suffolk Event Update Utilizing a PowerPoint presentation, Parks and Recreation Director Mark Furlo submitted a summary of the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman advised that a motion was in order at this time to adopt the agenda, as presented. Council Member Fawcett, on a motion seconded by Council Member Williams, to amend the agenda to add an ordinance to rezone the property located at 2534 Jackson Road as requested by Rezoning Application RZN2021-011 under Item #12 entitled Ordinances and adopt the remainder of the agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward 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 a Walmart Community Grant for the City of Suffolk Sheriff’s Department Consent Agenda Item #8 – An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Suffolk Victim/Witness Assistance Program Consent Agenda Item #9 – An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department Referring to Consent Agenda Items #7 through #9, City Manager Moor provided a summation 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 Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 3 City Council Regular Meeting September 1, 2021 PUBLIC HEARINGS Public Hearing – A resolution authorizing the application to Virginia Department of Wildlife Resources for the establishment of a No Wake Zone on the Nansemond River, in the vicinity of the River Bluff subdivision Utilizing a PowerPoint presentation, Interim Public Works Director Robert Lewis offered a presentation of the background information as printed in the official agenda. James Smith, 2699 River Watch Drive, representing self, spoke in support of the proposed resolution. Gary Allemand, 2703 River Watch Drive, representing self, spoke in support of the proposed resolution. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett asked about the depth of the water from the center of the waterway to the piers. Interim Public Works Director Robert Lewis reported that measurements were not taken, but he estimated the depth is 15 feet. Council Member Fawcett opined about the cause for the erosion in the area. Interim Public Works Director Lewis replied that the cause is unknown. Referring to the presentation, Council Member Williams queried about the responsible party for the cost of the additional signage, should City Council approve the establishment of the No Wake Zone. Interim Public Works Director Lewis said the applicant would be responsible for the cost of the additional signage, should City Council approve the establishment of the No Wake Zone. Referring to the presentation, Council Member Williams requested clarification about the role of the Virginia Department of Wildlife Resources, as it relates to the No Wake Zone application under consideration. Interim Public Works Director Lewis advised that no matter which action is taken by City Council, the application would be forwarded to the Virginia Department of Wildlife Resources for approval, denial or approval with modification within 30 days. Council Member Johnson sought clarification about the enforcement authority, as it relates to a No Wake Zone. Interim Public Works Director Lewis explained that if the Virginia Department of Wildlife Resources approves a No Wake Zone, then any law enforcement official can enforce. He added that should the City independently establish a No Wake Zone, then the responsibility falls solely on local law enforcement. Referring to the presentation, Council Member Goldberg called for information about the distance of the proposed No Wake Zone. Interim Public Works Director Lewis reported that it is about 150 yards. Council Member Goldberg opined about the proximity of other No Wake Zones in the area under consideration. Interim Public Works Director Lewis said to the south, there is a No Wake Zone about a mile away, near Nansemond Gardens, and to the north, there is another No Wake Zone nereby in the Sleepy Point area. 4 City Council Regular Meeting September 1, 2021 Referring to the presentation, Council Member Goldberg opined about the travel time by boat from the downtown area of the City to the James River. Interim Public Works Director Lewis replied that he has not timed the trip from the downtown area of the City to the James River. He estimated that all of the No Wake Zones on the route add approximately 30 to 40 minutes to a trip from the downtown area of the City to the James River. Referring to the presentation, Council Member Fawcett called for information about the length of the No Wake Zone from bank to bank. Interim Public Works Director Lewis reported that the length is about 190 feet. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to deny the proposed resolution. Mayor Duman sought clarification about the enforcement authority, as it relates to No Wake Zones. Interim Public Works Director Lewis explained that if the Virginia Department of Wildlife Resources approves a No Wake Zone, then any law enforcement official can enforce. He added that should the City independently establishes a No Wake Zone, then the responsibility falls solely on local law enforcement. Mayor Duman opined that the City’s action as it relates to the proposed No Wake Zone application is strictly advisory. Interim Public Works Director Lewis replied in the affirmative. Mayor Duman queried about the potential negative impacts of approving the proposed No Wake Zone application. Interim Public Works Director Lewis stated that should the proposed No Wake Zone application receive approval, it would impact the ability to enjoy the natural resources of the waterway. Mayor Duman asked about the re-application process, should the proposed No Wake Zone application be denied. Interim Public Works Director Lewis deferred to City Attorney Hutchings. City Attorney Hutchings advised that the City Code does not address any specific time frame for re-application. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to deny the proposed resolution, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, and Ward 6 NAYS: Council Members Johnson and Williams 2 Public Hearing – A resolution authorizing the application to Virginia Department of Wildlife Resources for the establishment of a No Wake Zone on the Chuckatuck Creek, in the vicinity of the Crooked Creek Farm neighborhood Utilizing a PowerPoint presentation, Interim Public Works Director Lewis gave a synopsis of the background information as printed in the official agenda. Nancy Pruden, 6620 Crittenden Road, representing self, spoke in support of the proposed resolution as presented. Hearing no additional speakers, the public hearing was closed. 5 City Council Regular Meeting September 1, 2021 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to deny the proposed resolution, as presented. Council Member Butler Barlow announced that she would not participate in any discussions or City Council action related to the resolution for the Crooked Creek No Wake Zone due to a personal interest in the transaction at issue in the resolution. Referring to the presentation, Mayor Duman queried about the staff recommendation for the proposed No Wake Zone application. Interim Public Works Director Lewis said that staff recommends denial of the application. He added that the staff would recommend additional signage on private docks and structures reminding boaters or existing State statues to remain 50 feet from docks and piers. Referring to the presentation, Council Member Johnson asked if the applicants were advised about the signage recommendation. Interim Public Works Director Lewis replied in the affirmative. Referring to the presentation, Council Member Johnson opined about the potential action by the Virginia Department of Wildlife Resources, as it relates to the proposed No Wake Zone application. Interim Public Works Director Lewis advised that the application may be denied or approved. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to deny the proposed resolution, as presented, by the following roll call vote: AYES: Vice Mayor Bennett, and Council Members Fawcett, Goldberg, and Ward 4 NAYS: Mayor Duman and Council Members Johnson and Williams 3 ABSTAIN: Council Member Butler Barlow 1 ORDINANCES Ordinance – An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from A, Agriculture zoning district, to RLM, Residential Low-Medium Density zoning district, for property located at 2534 Jackson Road, Zoning Map 43, Parcels 22 and 21A, Account Numbers 152397000 and 152398000; RZN2021-011 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Robert Goumas advised City Council that the application for RZN2021-011 has been certified. Council Member Williams, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, and Williams 7 NAYS: None 0 ABSTAIN: Council Member Ward 1 6 City Council Regular Meeting September 1, 2021 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM A, AGRICULTURE ZONING DISTRICT, TO RLM, RESIDENTIAL LOW-MEDIUM DENSITY ZONING DISTRICT, FOR PROPERTY LOCATED AT 2534 JACKSON ROAD, ZONING MAP 43, PARCELS 22 AND 21A, ACCOUNT NUMBERS 152397000 AND 152398000; RZN2021-011 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 schedule a public hearing to be held on September 15, 2021, to receive public comment on a right-of-way license agreement with Shenandoah Cable Television, LLC Council Member Williams, on a motion seconded by Council Member Johnson, moved to schedule a public hearing to be held on September 15, 2021, to receive public comment on a right-of-way license agreement with Shenandoah Cable Television, LLC, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule a City Council Work Session, for Wednesday, September 15, 2021, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a City Council Work Session, for Wednesday, September 15, 2021, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Arthur Elliott, 1015 Nansemond Parkway, was not present when called. Brandon Wrobleski, 105 Rochdale Lane, opined about the City’s coronavirus vaccination policy. Eric Munford, 213 Tracy Drive, representing self, talked about the City’s coronavirus vaccination policy. Pamela Ward, 114 Nancy Drive, Unit 1104, Apartment L, representing self, opined about the Social Services Department. 7 City Council Regular Meeting September 1, 2021 Garet Watters, 105 Babbtown Road, representing self, opined about the Binax coronavirus vaccine. Michael Borkowski, 4446 Willard Avenue, Suite 600, Chevy Chase, Maryland, representing Community Power Group, opined about the denial of the proposed Solenis solar facility at property on Wilroy Road and asked for a motion to rescind the denial to allow the applicant to amend the application. Wallace Johnson, 2082 Nansemond Parkway, representing self, opined about the State of the City. Luke Drylie, 3605 Calverton Way, representing self, opined about the City’s coronavirus vaccination policy. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations to the respective body: Suffolk Clean Community Commission Keep Suffolk Beautiful Executive Board – Deborah Farrell, William Farrell and Christina Brooks. Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to nominate and appoint the above referenced individuals to the aforementioned body, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Council Member Fawcett moved to reconsider the Conditional Use Permit application for the proposed Solenis solar facility at property on Wilroy Road, which was denied at the August 18, 2021, City Council, and grant the applicant 60 days to amend the application. The motion failed to receive a second. Council Member Fawcett sought assistance from City Attorney Hutchings regarding the reconsideration of the Conditional Use Permit application for the proposed Solenis solar facility at property on Wilroy Road, which was denied at the August 18, 2021, City Council, and grant the applicant 60 days to amend the application. City Attorney Hutchings advised that in order to address this matter, City Council would have to agree to reconsider the matter and then establish a public hearing. Referring to the potential reconsideration of the Conditional Use Permit application for the proposed Solenis solar facility at property on Wilroy Road, Mayor Duman asked if the matter would have to be reconsidered by the Planning Commission. City Attorney Hutchings replied that the matter would not have to be reconsidered by the Planning Commission, and the Unified Development Ordinance requires City Council to conduct a public hearing to reconsider the matter. Mayor Duman announced that he abstained from participating in the consideration of the Conditional Use Permit application for the proposed Soleins solar facility at property on Wilroy Road at the August 18, 2021, City Council meeting because he had a financial interest in an adjacent parcel of property and he would abstain from a motion to reconsideration the matter tonight. 8 City Council Regular Meeting September 1, 2021 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to reconsider the Conditional Use Permit application for the proposed Solenis solar facility at property on Wilroy Road, which was denied at the August 18, 2021, City Council and grant the applicant 60 days to amend the application. Council Member Goldberg sought clarification about the legality of reconsidering a Conditional Use Permit. City Attorney Hutchings said that the Unified Development Ordinance does permit the reconsideration of a Conditional Use Permit and does not specify a time period for such reconsideration. Council Member Goldberg opined about the potential impact of the proposed motion on other Conditional Use Permits applications that were denied. City Attorney Hutchings advised that this would have to be a decision of the governing body. Mayor Duman queried about the reconsideration of the denial of the Conditional Use Permit application for the proposed Solenis solar facility, as it relates to Robert’s Rules of Order and Procedure. City Attorney Hutchings stated that the motion to reconsider would have to be made by the prevailing side of the original application. Council Member Johnson opined about the potential impact of the proposed motion on other Conditional Use Permits applications that were denied. City Attorney Hutchings advised that this would have to be a decision of the governing body. Members of City Council opined about the proposed ordinance. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to reconsider the Conditional Use Permit application for the proposed Solenis solar facility at property on Wilroy Road, which was denied at the August 18, 2021, City Council and grant the applicant 60 days to amend the application, by the following roll call vote: AYES: Council Members Fawcett and Goldberg 2 NAYS: Vice Mayor Bennett, Council Members Butler Barlow, 5 Johnson, Ward and Williams ABSTAIN: Mayor Duman 1 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: the appointments of Deputy City Manager Azeez Felder and Deputy City Manager Kevin Hughes; the installation of a “Train Ahead When Flashing” sign; the installation of new truck route wayfinding signage; the activation of the Route 58/Holland Road Corridor Improvements Project; renovations of Coulbourn Park; the Finance Department’s receipt of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association; the Taste of Suffolk Downtown Street Festival and the City’s observance of Labor Day. Council Member Williams reported potholes on the 400 block of Central Avenue. Council Member Williams inquired about the timeline for the installation of a bus shelter on County Street. 9 City Council Regular Meeting September 1, 2021 Council Member Williams encouraged residents to receive the coronavirus vaccine. Council Member Goldberg acknowledged the appointment of Deputy City Manager Azeez Felder and Deputy City Manager Kevin Hughes. Council Member Ward acknowledged the appointment of Deputy City Manager Azeez Felder and Deputy City Manager Kevin Hughes. Council Member Ward opined about the renaming recognition ceremony for Southwestern Elementary School. Council Member Butler Barlow extended her condolences to the family of the late Katherine Jones. Council Member Johnson acknowledged the contributions of City employees. Council Member Johnson opined about safety on Route 58. Council Member Fawcett opined about today’s Work Session presentation regarding the Nansemond Parkway/Sleepy Hole Road Project, the Pitchkettle Road Project and the Bridge Road/Shoulders Hill Road Project. Council Member Fawcett opined about the Suffolk Public Schools’ New Teacher Orientation. Council Member Fawcett acknowledged the appointment of Deputy City Manager Azeez Felder and Deputy City Manager Kevin Hughes. Council Member Fawcett acknowledged the contributions of City employees. Vice Mayor Bennett acknowledged the appointment of Deputy City Manager Azeez Felder and Deputy City Manager Kevin Hughes. Vice Mayor Bennett thanked City Administration for its assistance with various constituent concerns. Vice Mayor Bennett announced the postponement of the Boys and Girls Club of Southeast Virginia- Suffolk Unit’s Oyster Roast Fundraiser. Vice Mayor Bennett called on City Administration to address the concerns of Ms. Ward regarding the Social Services Department. Mayor Duman extended his condolences to the family of the late Kathrine Jones. Mayor Duman acknowledged the appointment of Deputy City Manager Azeez Felder and Deputy City Manager Kevin Hughes. Mayor Duman opined about the Suffolk Public Schools’ New Teacher Orientation. Mayor Duman advised that he participated in a tour of the Hormel Plant. Mayor Duman opined about the renaming recognition ceremony for Southwestern Elementary School. 10 City Council Regular Meeting September 1, 2021 Mayor Duman encouraged residents to attend the Taste of Suffolk Downtown Street Festival and the commendation of the attacks on September 11th, 2001. Council Member Fawcett, on a motion seconded by Council Member Ward, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:49 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: FEBRUARY 1, 2022 11