City Council Meeting Agendas

City Council Regular Meeting December 15, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 15, 2021, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor 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. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of December 15, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 DECEMBER 15 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 15, 2021 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the minutes from the June 16, 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 A. Special Presentation – COVID-19 Update Utilizing a video presentation, Dr. Billie Blair-Taylor, Interim Director, Western Tidewater Health District, provided an overview of the above referenced item. Referring to the presentation, Council Member Goldberg asked whether the Omicron variant of COVID- 19 has arrived in Suffolk. Dr. Blair-Taylor advised that the variant is in the western part of the state, but not yet here. She estimated there is generally a two to three week lag time. Referring to the presentation, Council Member Goldberg asked about efforts relating to a booster vaccine. Dr. Blair-Taylor said efforts to encourage vaccination before the holidays have been undertaken, and the rate of initial vaccination has also increased. Referring to the presentation, Council Member Goldberg inquired about incidences of the Omicron variant in the schools. Dr. Blair-Taylor explained that whenever there is an increase in transmission in the community, transmission in schools can be impacted. B. Special Presentation – 2021 National Night Out National Award Utilizing a video presentation, Media and Community Relations Director Diana Klink gave a summary of the above item, and Interim Police Chief Chandler offered a report on the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman said that a motion was in order at this time to adopt the agenda, as presented. He then advised that City Manager Moor had additional information for City Council. City Manager Moor announced that the agenda needed to be amended to continue the public hearing for Item 13 - An ordinance to rezone the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium Density zoning district, to RU-18, Residential Urban – 18 zoning district, for property located at 5100 Nansemond Parkway, Zoning Map 20, Parcel 19, Account Number 303740000; RZN2021-015 (Conditional) to the January 19, 2022, City Council meeting and adopt the remainder of the agenda as presented. 2 City Council Regular Meeting December 15, 2021 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to amend the agenda to continue consideration of Item Number 13 to the January 19, 2022, City Council meeting 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 items under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to temporarily increase the maximum accumulation limits for annual leave and paid time off Consent Agenda Item #8 - An ordinance to accept and appropriate funds for the Suffolk Sheriff’s Department Operation Helping Hands Toy Drive Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program Referring to Consent Agenda Items #7 through #9, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Williams, 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 PUBLIC HEARINGS Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Junkyard/Salvage Yard, Recycling Center and Transfer Station, on property located at 1177 Hosier Road, Zoning Map 44 Parcel 126C, Account Number 056000026; CUP2021-020 Utilizing a PowerPoint presentation, Interim Planning and Community Development Assistant Director Kevin Wyne provided a synopsis of the background information as printed in the official agenda. Mark Perry, 2000 Liberty Creek Lane, Chesapeake, Virginia, applicant, on behalf of SMM Southeast LLC, property owner, spoke in support of the ordinances as presented. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting December 15, 2021 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: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A JUNKYARD/SALVAGE YARD, RECYCLING CENTER AND TRANSFER STATION, ON PROPERTY LOCATED AT 1177 HOSIER ROAD, ZONING MAP 44 PARCEL 126C, ACCOUNT NUMBER 056000026; CUP2021-020 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a minor automobile repair and car wash, for property located at 351 North Main Street, Zoning Map 34G11(A), Parcel 87, Account Number 350014000; CUP2021-021 Utilizing a PowerPoint presentation, Interim Planning and Community Development Assistant Director Kevin Wyne provided a synopsis of the background information as printed in the official agenda. William E. Goodman, Jr. 909 Barbara Drive, property owner, spoke in support of the ordinance as presented. William E. Goodman, Sr., no address given, representing self, spoke in support of the ordinance as presented. Wallace Johnson, 2086 Nansemond Parkway, representing self, spoke in support of the ordinance as presented. John Vann, 75 Hollis Wood Drive, Hampton, Virginia, representing self, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Williams moved to approve the ordinance as presented. The motion failed to receive a second. Council Member Ward asked the applicant about the activities at the parcel under consideration. Mr. Goodman, Jr. said that it was his intent to change and repair new and used tires at the parcel under consideration. Vice Mayor Bennett asked the applicant about the difference between the proposed use for the North Main Street location, the parcel under consideration, versus his location on East Washington Street. Mr. Goodman, Jr. said that used tires are utilized at the East Washington Street site, while new tires will be offered at the North Main Street shop. He further explained that the containers ordered for tire storage have not arrived yet. Council Member Goldberg asked the applicant about the storage of vehicles and tires at the North Main Street site, the parcel under consideration. Mr. Goodman, Jr. replied that vehicles would not be stored on the site, and tires will be stored at inside containers at North Main Street before taken to the landfill. 4 City Council Regular Meeting December 15, 2021 Council Member Williams, on a motion seconded by Council Member Ward, moved to approve the ordinance as presented. Council Member Fawcett asked about the involvement of the Suffolk Fire Department in the consideration of the application. Interim Planning and Community Development Assistant Director Wyne reported the Suffolk Fire Department and Community Development Division were both heavily involved in the recommendation limiting storage to 100 tires. Referring to the presentation, Mayor Duman solicited confirmation that only tire repair will exist at the parcel under consideration. Mr. Goodman, Jr. confirmed that would be the case. Referring to the presentation, Council Member Ward asked if there was a fence behind the building. Mr. Goodman, Jr. advised that there is a fence to the left of the property but not behind the property. Council Member Williams, on a motion seconded by Council Member Ward, 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, Johnson, Ward and Williams 7 NAYS: Council Member Goldberg 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A MINOR AUTOMOBILE REPAIR AND CAR WASH, FOR PROPERTY LOCATED AT 351 NORTH MAIN STREET, ZONING MAP 34G11(A), PARCEL 87, ACCOUNT NUMBER 350014000; CUP2021-021 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 6, Design and Improvement Standards, Section 31-601, Adequate Public Facilities; OTA2021-002 Utilizing a PowerPoint presentation, Planning and Community Development Interim Assistant Director Wyne provided a synopsis of the background information as printed in the official agenda. Claudia Cotton, 214 Charlemagne Drive, representing the Coastal Virginia Building Industry Association, spoke in support of the proposed amendment but opined about the calculation of school capacity. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, representing Napolitano Homes, requested a motion to direct staff to re-evaluate school generation. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing the Terry Peterson Companies, asked for a motion to direct staff to re-evaluate school generation. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett made a motion to direct staff to go back and review the cost per student for schools. The motion failed to receive a second. 5 City Council Regular Meeting December 15, 2021 Mayor Duman explained that the best course of action is to take action on the proposed ordinance and address any matters regarding school generation under New Business. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, 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 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-601, ADEQUATE PUBLIC FACILITIES; OTA2021-002 Public Hearing – An ordinance to rezone the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium Density zoning district, to RU-18, Residential Urban – 18 zoning district, for property located at 5100 Nansemond Parkway, Zoning Map 20, Parcel 19, Account Number 303740000; RZN2021-015 (Conditional) Mayor Duman reiterated to those in attendance that the public hearing for RZN2021-015 was continued to the January 19, 2022, City Council meeting. ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Council Member Fawcett asked whether he could offer a motion regarding the calculation of staff generation rates. Mayor Duman advised him the matter could be addressed under New Business. Motion – A motion to schedule a public hearing for January 5, 2022, 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 Pughsville Drainage Improvements Phase II Project 6 City Council Regular Meeting December 15, 2021 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a public hearing for January 5, 2022, 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 Pughsville Drainage Improvements Phase II 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, January 5, 2022, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to schedule a City Council Work Session, for Wednesday, January 5, 2022, 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 Dr. DawnMarie Brittingham, 7295 Harvent Drive, representing The Watchdog Group, requested an audit of Suffolk Public Schools. Kirstyn O’Neill, 3504 Prices Fork Road, representing self, spoke about the expansion of Northern Shores Elementary School. Garet Watters, 105 Babbtown Road, representing self, opined about COVID-19. David Fulkerson, 100 Massey Drive, representing self, offered COVID-19 comments. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination: Southeastern Public Service Authority ex-officio alternate – Robert Lewis and Community Policy and Management Team Private Provider Organization representative – Sheridan Meriweather. Council Member Williams, on a motion seconded by Council Member Ward, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, 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 7 City Council Regular Meeting December 15, 2021 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to direct staff to research the cost per student calculation formula. Referring to the motion, Council Member Johnson asked about the process. Interim Planning and Community Development Assistant Director Wyne advised that staff would research the matter, work with the Planning Commission’s Committee on Ordinances to refine the language and present the findings to the Planning Commission before they would be considered by City Council. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to direct staff to research the cost per student calculation formula, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: the City’s holiday festivities; the Suffolk Police Department’s Holiday on the Beat; the promotion of Darryl Lewis to Public Works Assistant Director; the Department of Public Works Department’s quarterly report; the City’s broadband initiatives webpage; application process for the Real Estate Tax Program; the City’s Christmas and New Year’s operating schedules; the distribution of COVID-19 test kits; and the Commonwealth’s coronavirus vaccination finder website and customer service number. Council Member Butler Barlow lauded the City’s Holiday Parade. Council Member Johnson opined about the City’s broadband expansion program. Council Member Johnson extended sympathy to residents of Kentucky, who were victims of tornadoes. Council Member Johnson encouraged eligible resident to apply for the City’s Real Estate Tax Relief Program. Council Member Johnson wished Pearlie Mae Holland a happy birthday on December 26th. Council Member Fawcett recapped the following presentations: the City’s audit, the City’ broadband expansion, and the City’s Holiday Parade. Council Member Fawcett thanked the Office of the Sheriff and Suffolk Public Police for their holiday gift donations. Council Member Fawcett opined about the young artists who decorated downtown storefronts. Council Member Fawcett congratulated Public Works Assistant Lewis on his promotion. Council Member Fawcett opined about the holiday lights display in Sleepy Hole Park. Council Member Fawcett opined about the tornadoes in Kentucky. 8 City Council Regular Meeting December 15, 2021 Council Member Fawcett recognized Diana Klink on her retirement. Council Member Williams congratulated Public Works Assistant Director Lewis on his promotion. Council Member Williams announced he attended the Hampton Roads Chamber of Commerce City Managers Forum. Council Member Williams reported on Whaleyville town meetings. Council Member Williams opined about the City’s Holiday Parade. Council Member Williams acknowledged City Administration for addressing the following issues: the replacement of a light at East Washington Street and Liberty Street and for debris removal at Kilby Avenue and Cannon Street. Council Member Goldberg congratulated Public Works Assistant Director Lewis on his promotion. Council Member Goldberg recognized Diana Klink on her retirement. Council Member Goldberg announced he attended a recent meeting of the Economic Development Authority. Council Member Goldberg opined about the Hampton Roads Workforce Council. Council Member Ward offered comments about the Public Works Department notice regarding delays in recycling service. Council Member Ward opined about redistricting in the City. Council Member Ward congratulated Public Works Assistant Director Lewis on his promotion. Council Member Ward said he attended the Hampton Roads Chamber of Commerce City Managers Forum. Council Member Ward commented on Ms. O’Neill’s remarks during Non-agenda Speakers. Council Member Ward reported on the City’s Holiday Parade. Council Member Ward opined about the Whaleyville town halls Council Member Ward recognized Diana Klink on her retirement. Council Member Ward said he is going to help victims of the Kentucky tornadoes and thanked Mayor Duman and Council Member Ward for donations. Vice Mayor Bennett talked about the young artists who decorated downtown store fronts. Vice Mayor Bennett opined about the City’s broadband expansion. 9 City Council Regular Meeting December 15, 2021 Vice Mayor Bennett encouraged residents to participate in the City’s Real Estate Tax Relief Program. Vice Mayor Bennett acknowledged the Salvation Army volunteers. Vice Mayor Bennett thanked City Treasurer Ronald Williams for a donation to Boys and Girls Club of Southeastern Virginia-Suffolk Unit in Suffolk. Vice Mayor Bennett talked about the holiday lights and decorations in the City. Vice Mayor Bennett congratulated Public Works Assistant Director Lewis on his promotion. Vice Mayor Bennett recognized Diana Klink on her retirement. Vice Mayor Bennett reported on his attendance at the Calvin Malone Allstate Ribbon Cutting. Mayor Duman talked about the City’s broadband expansion. Mayor Duman reported on the Whaleyville town hall he attended. Mayor Duman offered comments about the City’s audit. Mayor Duman reported he attended the following events: opening of Suffolk’s Drug Court; Commonwealth’s Attorney C. Phillips Ferguson’s retirement party; Hampton Roads Chamber of Commerce’s City Managers Forum; the Hampton Roads Chamber of Commerce Annual Meeting; the City’s Holiday Party and the City’s Holiday Parade. Mayor Duman talked about the expansion of Northern Shores Elementary School in the Capital Improvement Program. Mayor Duman summarized the Public Works Department’s quarterly report. Mayor Duman recognized Diana Klink on her retirement. Mayor Duman gave a year-end wrap up. Council Member Fawcett, on a motion seconded by Council Member Williams, 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 10 City Council Regular Meeting December 15, 2021 There being no further business to come before City Council, the regular meeting was adjourned at 8:52 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: JUNE 15, 2022 11