City Council Meeting Agendas

City Council Regular Meeting October 20, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 20, 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 Clerk Dawley called the roll, and all members of City Council were present. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of October 20, 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 Goldberg, 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 OCTOBER 20, 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting October 20, 2021 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the April 21, 2021, Work Session and Regular Meeting and the April 30, 2021, Special 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 – A special presentation in recognition of Cybersecurity Awareness Month Interim Information Technology Director Regina Chandler introduced Erik Gudmundsen, Special Agent, Federal Bureau of Investigation – Norfolk Office. Utilizing a PowerPoint presentation, Mr. Gudmundsen submitted a summation 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 Butler Barlow, on a motion seconded by Council Member Johnson, to remove Consent Agenda Item #13 for a separate vote under the Resolutions portion of the agenda 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 Johnson, Ward and Williams 6 NAYS: Council Members Fawcett and Goldberg 2 AGENDA SPEAKERS Tushar Mukherjee, 6301 Whaleyville Boulevard, representing self, opined about the following item - A resolution adopting the Department of Parks and Recreation Master Plan Update. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate Fiscal Year 2021-2022 Community Development Block Grant and Home Investment Partnership Program funding from the United States Department of Housing and Urban Development Consent Agenda Item #8 - An ordinance to accept and appropriate additional funds from the Virginia Department of Aviation in support of Easement Acquisition Services for an Obstruction Removal Project at the Suffolk Executive Airport 2 City Council Regular Meeting October 20, 2021 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 funding from the Commonwealth of Virginia for the Suffolk Sheriff’s Department Consent Agenda Item #11 - An ordinance authorizing the transfer of funds within and from the General Fund to cover expenses related to the payroll schedule modification to payment in arrears Consent Agenda Item #12 - An ordinance to accept and appropriate state and federal funds for Suffolk Public Schools Consent Agenda Item #14 - A resolution supporting the reconstruction of the Kings Highway Bridge and requesting support of the Virginia Department of Transportation in securing funding to complete the design and construction Referring to Consent Agenda Items #7 through #12 and Consent Agenda Item #14, City Manager Moor provided a summation of the background information as printed in the official agenda. Referring to Consent Agenda #12, Mayor Duman inquired about the need for a replacement roof at Southwestern Elementary School. City Manager Moor advised that he could obtain information about that matter. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to approve Consent Agenda Items #7 through #12 and Consent Agenda Item #14, 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 PUBLIC HEARINGS Public Hearing – An ordinance to grant a Conditional Use Permit to establish a bar and nightclub, on property located at 130 West Washington Street, Zoning Map 34G18(A), Parcel 304, Account Number 351451000; CUP2021-017 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Robert Goumas offered a presentation of the background information as printed in the official agenda. Deidra Gillis, no address provided, applicant, representing the Washington Loft, LLC, property owner, spoke in support of the proposed ordinance. Ms. Gillis also requested a change in the operating hours to 6:00 p.m. to 2:00 a.m. on Fridays and Saturdays. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Williams opined about the applicant’s request to change the operating hours on Fridays and Saturdays. Ms. Gillis replied in the affirmative. 3 City Council Regular Meeting October 20, 2021 Referring to the presentation, Council Member Williams asked the applicant if she needed day hours. Ms. Gillis replied in the negative, and said she did not ask for day hours. Referring to the presentation, Council Member Williams inquired about the City Council’s ability to amend the conditions of a Conditional Use Permit. Interim Planning and Community Development Director Goumas replied in the affirmative. Referring to the presentation, Council Member Williams queried about the impact of the requested change in the hours of operation, as it relates to similar existing facilities in the downtown area. Interim Planning and Community Development Director Goumas stated that the proposed conditions related to operating hours included in the ordinance are consistent with the operating hours for similar existing facilities in the downtown area. Council Member Williams, on a motion seconded by Council Member Ward, moved to amend condition 13 with the following: the hours of operation for the bar and night club shall be as follows: Sunday – Thursday: 9:00 a.m. to 11:00 p.m. and Friday – Saturday: 9:00 a.m. to 1:00 a.m. and approve conditions one through 12 and 14 as presented. Council Member Goldberg, on a substitute motion seconded by Council Member Fawcett, moved to deny the proposed ordinance, as presented. Vice Mayor Bennett opined about the hours of operation for similar facilities. City Manager Moor advised that the City tries to be consistent with all requirements regarding hours of operation. Mayor Duman called for clarification about the primary motion with amendment and the substitute motion. City Attorney Hutchings reported that the substitute motion would be voted on first, and if it was approved, then the primary motion would be moot. Referring to the presentation, Council Member Johnson asked whether the proposed Conditional Use Permit is a restaurant. Interim Planning and Community Development Director Goumas said that the proposed Conditional Use Permit application includes a kitchen, but it is classified as a nightclub. Referring to the presentation, Council Member Johnson asked about any similar facilities in the downtown area. Interim Planning and Community Development Director Goumas replied that other facilities have been approved in the downtown area. Interim Planning and Community Development Director Goumas said that similar applications have been approved for the same. Council Member Johnson requested the opportunity to make another substitute motion. City Attorney Hutchings explained that a substitute motion cannot be made for another substitute motion. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to deny the ordinance, as presented, by the following roll call vote: AYES: Council Member Fawcett and Goldberg 2 NAYS: Mayor Duman, Vice Mayor Bennett, Council Member Butler Barlow, 6 Johnson, Ward and Williams 4 City Council Regular Meeting October 20, 2021 Council Member Williams withdrew the primary motion. City Attorney Hutchings explained that the member of City Council that provided the second to the primary motion must consent to the withdrawal of the primary motion. Council Member Ward withdrew the second to the primary motion Council Member Williams, 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 Duman, Vice Mayor Bennett, and Council Members Butler Barlow, Johnson, Ward and Williams 6 NAYS: Council Member Goldberg 1 ABSTAIN: Council Member Fawcett 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A BAR AND NIGHTCLUB, ON PROPERTY LOCATED AT 130 WEST WASHINGTON STREET, ZONING MAP 34G18(A), PARCEL 304, ACCOUNT NUMBER 351451000; CUP2021-017 Public Hearing – An ordinance vacating and abandoning two (2) portions of Station Drive, which are contiguous to property located at 3169 Godwin Boulevard, Zoning Map 25, Parcel 30; STV2021-002 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas submitted a report of the background information as printed in the official agenda. Scott Overton, 111 Pelican Reach, representing Planters Station, LLC, 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 by Council Member Williams, 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, Ward and Williams 8 NAYS: None 0 AN ORDINANCE VACATING AND ABANDONING TWO (2) PORTIONS OF STATION DRIVE, WHICH ARE CONTIGUOUS TO PROPERTY LOCATED AT 3169 GODWIN BOULEVARD, ZONING MAP 25, PARCEL 30; STV2021-002 Public Hearing – An ordinance to authorize a quitclaim deed between the City of Suffolk and Planters Station, LLC, for two (2) portions of Station Drive pertaining to Street Vacation Request STV2021-002 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas gave a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 5 City Council Regular Meeting October 20, 2021 Council Member Fawcett, on a motion seconded by Council Member Johnson, 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, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK AND PLANTERS STATION, LLC, FOR TWO (2) PORTIONS OF STATION DRIVE PERTAINING TO STREET VACATION REQUEST STV2021-002 Public Hearing – A resolution to amend the Suffolk Downtown Master Plan, a component of Suffolk 2035: A Vision for the Future, City of Suffolk Comprehensive Plan; CPA2021-001 Utilizing a PowerPoint presentation, Business Development Manager Deanna Holt provided a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Butler Barlow, 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 TO AMEND THE SUFFOLK DOWNTOWN MASTER PLAN, A COMPONENT OF SUFFOLK 2035: A VISION FOR THE FUTURE, CITY OF SUFFOLK COMPREHENSIVE PLAN; CPA2021-001 ORDINANCES Ordinance – An ordinance to amend Section 86-604 of the Code of the City of Suffolk concerning designated public streets approved for golf cart use within the Arbor Meadows/Milteer Acres community Utilizing a PowerPoint presentation, Public Works Director Robert Lewis furnished a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented. Council Member Goldberg opined about the probability that an individual would drive a golf cart beyond the neighborhood. Public Works Director Robert Lewis replied that he would not anticipate such activity, however, that would be a matter of enforcement. Mayor Duman queried about the methodology used to advise residents about which roadways that would be restricted to golf carts. Public Works Director Lewis said that would be a matter of enforcement, and staff would be reach back out to the community to advise them accordingly. 6 City Council Regular Meeting October 20, 2021 Mayor Duman called for process that would be used to withdraw consent for golf cart use, in the event that they become a nuisance. City Attorney Hutchings stated that the City Council could remove the newly added streets from the ordinance. Council Member Fawcett, on motion seconded by Council Member Johnson, 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, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND SECTION 86-604 OF THE CODE OF THE CITY OF SUFFOLK CONCERNING DESIGNATED PUBLIC STREETS APPROVED FOR GOLF CART USE WITHIN THE ARBOR MEADOWS/MILTEER ACRES COMMUNITY RESOLUTIONS Resolution – A resolution adopting an Electronic Participation Policy for the City Council of the City of Suffolk City Attorney Hutchings offered an outline of the background information as printed in the official agenda. Referring to the presentation, Vice Mayor Bennett requested information about the process that would be used for members of City Council to participate in meetings electronically. City Manager Moor reported that there is an application that can be installed onto City cellular phones that will permit member of City Council to participate in meetings electronically. Council Member Johnson, on a motion seconded by Council Member Fawcett, move to approve the resolution, 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 ADOPTING AN ELECTRONIC PARTICIPATION POLICY FOR THE CITY COUNCIL OF THE CITY OF SUFFOLK Resolution - A resolution adopting the Department of Parks and Recreation Master Plan Update (This item was removed from the Consent Agenda for a separate vote.) Utilizing the distributed handout, City Manager Moor reviewed the above referenced item and advised City Council that the resolution has been amended from the background information as printed in the official agenda. Referring to the distributed handout, Council Member Goldberg called for clarification about the needed action. City Manager Moor explained that the amended resolution would allow the City to balance the Department of Parks and Recreation’s Natural Resource Plan regarding open space and herbicides. 7 City Council Regular Meeting October 20, 2021 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the amended resolution. Referring to the distributed handout, Mayor Duman recommended the addition of the following language to the resolution – “while protecting environmental stewardship”. Council Member Fawcett, on a motion seconded Council Member Johnson, moved to approve the amended resolution to include the aforementioned language, 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 ADOPTING THE DEPARTMENT OF PARKS AND RECREATION MASTER PLAN UPDATE STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Public Hearing for November 3, 2021, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Nansemond Parkway/Bennetts Pasture Road Intersection Improvements Project Council Member Williams, on a motion seconded by Vice Mayor Bennett, moved to schedule a Public Hearing for November 3, 2021, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Nansemond Parkway/Bennetts Pasture Road Intersection Improvements Project, 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, October 20, 2021, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Fawcett, moved to schedule a City Council Work Session, for Wednesday, October 20, 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 8 City Council Regular Meeting October 20, 2021 NON-AGENDA SPEAKERS Tushar Mukerjee, 6301 Whaleyville Boulevard, representing self, opined about the traffic safety on Whaleyville Boulevard. Ellen Saunders, 617 West Riverview Drive, representing the Western Tidewater Free Clinic, offered an update of the programs offered by the Western Tidewater Free Clinic. Garet Watters, 105 Babbtown Road, representing self, opined about the City’s coronavirus vaccine policy. Imhotep Mohammed, 110 South 5th Street, representing Virginia Organizers, opined about police reform. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: the regulations for Trick or Treating on Halloween; the Fright Night Drive-Thru Trunk or Treat event sponsored by the Suffolk Parks and Recreation Department; the Zombie Cleanup sponsored by Keep Suffolk Beautiful; the City’s webpage from the Suffolk Tourism Division; the Nansemond River Cleanup by Keep Suffolk Beautiful; the Pughsville Area Drainage Improvement Phase II design public hearing; the City’s observance of Election Day holiday; and the Commonwealth’s coronavirus vaccine webpage and call center information. Council Member Butler Barlow reported on a recent meeting of the Chuckatuck Civic League. Council Member Butler Barlow thanked City Administration for their assistance with constituents’ issues. Council Member Butler Barlow opined about farm equipment on local roadways. Council Member Johnson opined about the upcoming Holland Ruritans “Get to Know the City’ event. Council Member Fawcett opined about Peanut Fest. Council Member Williams thanked City Administration for the installation of the bus shelter on County Street. Council Member Williams reported issues with speeding in the Saratoga community. Council Member Goldberg opined about ongoing activities at the Suffolk Art League. Council Member Goldberg reported he attended a recent Economic Development Authority meeting. 9 City Council Regular Meeting October 20, 2021 Council Member Ward announced he attended Peanut Fest. Council Member Ward extended his condolences to the family of the late Annette Ruffin. Council Member Ward reported he attended an event at Oak Grove Baptist Church. Council Member Ward opined about redistricting. Council Member Ward opined about paper streets in Pughsville. Vice Mayor Bennett reported flooding in the Lake Kennedy area. Vice Mayor Bennett called for street sweeping in Lake Kennedy and East Suffolk Gardens. Vice Mayor Bennett encouraged residents to support Breast Cancer Awareness Month. Mayor Duman reported he attended Peanut Fest and Shrimp Feast. Mayor Duman opined about Law Enforcement Memorial Week. Mayor Duman extended his condolences to the family of the late Bobby Nelms. Mayor Duman acknowledged Orpah West for her recognition as a Charter Member of Omega Chapter- Chi Eta Phi Sorority, Incorporated. Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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 8:53 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: APRIL 20, 2022 10