City Council Meeting Agendas

City Council Regular Meeting June 1, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 1, 2022, 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 Boy Scout Troop #1 Main Street Methodist Church led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of June 1, 2022, 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 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 JUNE 1, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 1, 2022 APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the December 1, 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 There were no items under this portion of the agenda. 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. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, move to adopt 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 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 state and federal funds for Suffolk Public Schools Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Library of Virginia through the American Rescue Plan Act for the Suffolk Public Library Consent Agenda Item #11 - An ordinance to appropriate funds from the Fleet Management Unrestricted Net Position to the Fiscal Year 2021-2022 Fleet Management Fund Budget in an amount not to exceed $350,000 2 City Council Regular Meeting June 1, 2022 Consent Agenda Item #12 - An ordinance to amend Chapter 82, Article XX, Division 2, Section 82- 901 of the City Code Concerning Distiller, Brewery, Bottler, Beer and Wine License Taxes Consent Agenda Item #13 - A resolution authorizing an application for federal funding assistance from the United States Department of Transportation/Federal Transit Administration for the Low or No Emission competitive program Consent Agenda Item #14 - A resolution authorizing an application for federal funding assistance from the United States Department of Transportation/Federal Transit Administration for the buses and bus facilities competitive program Consent Agenda Item #15 - A resolution to accept a donation of personal property for the Suffolk Department of Fire and Rescue Referring to Consent Agenda Items #7 through #15, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 There were no items under this portion of the agenda. ORDINANCES Ordinance – An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions, for the Bennett’s Creek Quarter Development, Zoning Map 12, Parcels 32*1, 32*2, 32*3, 32*4, and 32*CH*1, Account Numbers 306004377, 306004378, 306004379, 306004380, and 306004381; RZN2022-004 (Conditional) (This item was removed, at the request of the applicant, at the April 6, 2022, City Council meeting and continued from the May 18, 2022, City Council Meeting. ) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne supplied an overview of the background information as printed in the official agenda. He also advised City Council that this afternoon the applicant submitted the following proposed amendment to condition number three – “A Laycock Lane Shoulders Hill Road intersection analysis was updated from Karen McPherson, P.E., dates April 15, 2022. The intersection can accommodate 303 multifamily units at its present state. When construction of Bridge Road and Shoulders Hill Road is built this proffer will be eliminated. 186 townhomes and attached condominium units, an increase from 111 townhome and attached condominium units previously approved shall receive an occupancy permit prior to the completion of the construction of Bridge Road and Shoulders Hill Road improvement.” 3 City Council Regular Meeting June 1, 2022 Council Member Fawcett opined about the potential impact of traffic as it relates to Bridge Road and Shoulders Hill Road improvement and the proposed ordinance. Public Works Director Robert Lewis explained that the Bridge Road and Shoulders Hill Road improvement will be completed in about a year and a half. Council Member Fawcett moved to deny the proposed ordinance. The motion failed to receive a second. Council Member Goldberg called for clarification about the feasibility of seeking additional information from John Napolitano, representing Bennetts Creek Quarter, LLC, applicant and property owner, regarding the proposed ordinance. City Attorney Hutchings said that as the proposed ordinance has been presented without a public hearing, inquires can only be presented to City staff. Referring to the presentation, Council Member Goldberg queried about the number of units can be built. Interim Planning and Community Development Director Wyne advised that based on the amended condition presented tonight, the proposed ordinance would permit 75 additional units. Referring to the presentation, Council Member Johnson asked about the total number of units that can be built after the completion of the intersection, as outlined in the proposed ordinance. Interim Planning and Community Development Director Wyne reported that a total of 405 units will be permitted after the completion of the intersection as outlined in the proposed ordinance. Referring to the presentation, Council Member Johnson sought information about the potential traffic increase in the event that the proposed amendment to 186 multifamily units is approved. Public Works Director Lewis indicated that approximately 750 additional trips a day would be generated with the approval of 186 multifamily units. Referring to the presentation, Council Member Fawcett opined the additional increase in units will result in traffic congestion. Public Works Director Lewis advised that the Traffic Engineering Division recommended denial based on the Traffic Impact Analysis. Council Member Goldberg, on a motion seconded by Council Member Williams, moved for approval of the proposed ordinance, with conditions number one, two and four as printed in the official agenda and condition number three with the following amendment – “A Laycock Lane Shoulders Hill Road intersection analysis was updated from Karen McPherson, P.E., dates April 15, 2022. The intersection can accommodate 303 multifamily units at its present state. When construction of Bridge Road and Shoulders Hill Road is built this proffer will be eliminated. 186 townhomes and attached condominium units, an increase from 111 townhome and attached condominium units previously approved shall receive an occupancy permit prior to the completion of the construction of Bridge Road and Shoulders Hill Road improvement.”, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 7 NAYS: Council Member Fawcett 1 RESOLUTIONS There were no items under this portion of the agenda. 4 City Council Regular Meeting June 1, 2022 STAFF REPORTS Staff Report – Affordable Housing Update Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a review of the above referenced item. Staff Report – Public Safety Update Utilizing a PowerPoint presentation, Police Chief Alfred Chandler submitted a synopsis of the above referenced item. Council Member Williams queried about the feasibility of implementing a gun buyback program. Police Chief Chandler said that in order to implement that type of program, it would require legislation by City Council. Council Member Williams called for clarification about the City of Suffolk’s witness protection program. Police Chief Williams explained that type of program is more common in much larger localities. MOTIONS Motion – A motion to schedule a public hearing to be held on June 15, 2022, to receive public comment on the Nonexclusive Master Lease Agreement with the Southside Network Authority Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing to be held on June 15, 2022, to receive public comment on the Nonexclusive Master Lease Agreement with the Southside Network Authority, 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, June 15, 2022, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, June 15, 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 Pamela Ward, 114 Nancy Drive, representing self, was not present when called. 5 City Council Regular Meeting June 1, 2022 Roosevelt Jones, 5809 Hawk Lane, representing Greater Oakland/Chuckatuck Civic League, asked for water meters on unmetered water system in Chuckatuck. Tammy Coker, 209 Walnut Street, representing self, opined about issues related to the Birdsong Peanut expansion project. Margaret Wynn, 212 Maple Street, representing self, opined about issues related to the Birdsong Peanut expansion project. Todd Criner, 124 Beechwood Drive, representing self, opined about mowing during peak hours. Carlito Hamlin, 111/113 Grayson Court, representing self, was not present when called. NEW BUSINESS City Clerk Dawley presented the following nomination to the respective board and commission: Paul D. Camp Community College Board (effective July 1, 2022) - Marcus Gersbach. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to nominate and appoint the above referenced individual 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Timothy Kelley provided a report on the following: the ribbon cutting for Acesur; the Suffolk Police Department’s Promotional Ceremony; the Suffolk Police Department’s Badge Pinning Ceremony; the Suffolk Public Works Department’s Job Fair; the Parks and Recreation Department’s TGIF Summer Concert Series; the installation of free pet waste stations by the Suffolk Public Works Department; the Suffolk 2045 Comprehensive Plan; and the Commonwealth’s coronavirus vaccination finder website and customer service number. Council Member Butler Barlow acknowledged the Suffolk Police Department. Council Member Johnson acknowledged the Suffolk Fire and Rescue Department and the Suffolk Police Department. Council Member Fawcett acknowledged the Suffolk Police Department. Council Member Williams acknowledged the Suffolk Police Department. Council Member Goldberg acknowledged the Suffolk Fire Department. Council Member Ward opined about the Suffolk State of the City. 6 City Council Regular Meeting June 1, 2022 Council Member Ward acknowledged the Public Works Department, the Suffolk Fire and Rescue Department and the Suffolk Police Department. Vice Mayor Bennett acknowledged the Suffolk Fire and Rescue Department and the Suffolk Police Department. Mayor Duman opined about the State of the City. Mayor Duman reported he attended the 100th Suffolk anniversary of the Suffolk Rotary; the ribbon cutting for Acesur; and the Memorial Day Ceremony at Albert G. Horton Veterans Cemetery. Mayor Duman encouraged residents to participate in the Suffolk 2045 Comprehensive Plan. Mayor Duman opined about the Federal Inmate Exception Act. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to adjourn, 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 There being no further business to come before City Council, the regular meeting was adjourned at 8:15 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: DECEMBER 7, 2022 7