City Council Meeting Agendas

City Council Regular Meeting July 20, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 20, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett (participated electronically from 926 Vineyard Place, Unit C, Suffolk, Virginia, 23435 and left the meeting at 8:33 p.m.) 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. Mayor Duman announced that Council Member Roger Fawcett has requested to participate electronically in today’s Regular Meeting, because he is unable to be present because of a medical condition. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved that Council Member Roger Fawcett be approved to participate electronically in today’s Regular Meeting because he is unable to be present because of a medical condition, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 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 July 20, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. 1 City Council Regular Meeting July 20, 2022 Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 (Council Member Fawcett did not vote on this item.) A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JULY 20, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to approve the minutes from the January 19, 2022, 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 Presentations – 2022 National Night Out Invitation and Proclamation Mayor Duman presented the proclamation to Interim Media and Community Relations Director Jennifer Moore and Major Cassandra Garvin, who offered remarks. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman announced that City Manager Moor had additional information. City Manager Moor advised that the applicant has requested to continue Public Hearing Item #20 to the September 21, 2022, City Council meeting. Council Member Johnson, on a motion seconded by Council Member Goldberg, moved to continue Public Hearing Item #20 to the September 21, 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. 2 City Council Regular Meeting July 20, 2022 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate additional funds from the Federal Transit Administration for the City’s public transit service Consent Agenda Item #8 - An ordinance to accept and appropriate additional funds from the Virginia Department of Rail and Public Transportation for the City of Suffolk’s public transit service Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Keep Virginia Beautiful “30 Grants In 30 Days” Grant Award for the City of Suffolk Litter Prevention and Recycling Program Consent Agenda Item #10 - An ordinance to amend and re-ordain the adopted Fiscal Year 2022-2023 Fee Schedule for the City of Suffolk, Virginia, to reduce the recreation center membership fee from $10 to $5 per year for youth 7 to 17 years of age Consent Agenda Item #11 - An ordinance to amend Sections 34-31, 34-35, and 34-39 of Chapter 34 of the Code of the City of Suffolk, Virginia, “Environment”, Concerning Erosion and Sediment Control Referring to Consent Agenda Items #7 through #11, City Manager Moor submitted a review of the background information as printed in the official agenda. Referring to Consent Agenda Items #7 and #8, Council Member Johnson opined about the use of transit funding. Council Member Johnson, on a motion seconded by Council Member Ward, 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 authorizing the issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, David Rose, Senior Vice President and Manager of Public Finance, Davenport and Company, the City’s financial consultants, presented a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 3 City Council Regular Meeting July 20, 2022 Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following roll call: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF Public Hearing - An ordinance authorizing the issuance of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, Kyle Laux, Senior Vice President, Davenport and Company, the City’s financial consultants, gave a review 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 Williams, moved to approve the ordinance, as presented. Referring to the presentation, Mayor Duman opined about the timeline for the rate. Mr. Rose explained that the rate will be locked in for 20 years, with no prepayment for the first five years allowed, a one percent penalty in years six and seven to refinance and no penalty afterward. Council Member Goldberg, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented, by the following roll call: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF Public Hearing - An ordinance to amend and reordain Sections 26-2 and 26-4 of Chapter 26 of the Code of the City of Suffolk, Virginia, "Elections", which establishes the boundaries of voting precincts in boroughs and polling places Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes supplied an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 4 City Council Regular Meeting July 20, 2022 Council Member Ward asked whether there would be two polling places at John F. Kennedy Middle School. Deputy City Manager Hughes said that there would only be one polling place at John F. Kennedy Middle School. Council Member Williams, on a motion seconded 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 AND REORDAIN SECTIONS 26-2 AND 26-4 OF CHAPTER 26 OF THE CODE OF THE CITY OF SUFFOLK, VIRGINIA, "ELECTIONS", WHICH ESTABLISHES THE BOUNDARIES OF VOTING PRECINCTS IN BOROUGHS AND POLLING PLACES Public Hearing - An ordinance authorizing the acquisition of real property in fee simple and/or permanent and temporary easements, either by agreement or condemnation, for the Pitchkettle Road Realignment Project Utilizing a PowerPoint presentation, Public Works Director Robert Lewis provided a summation of the background information as printed in the official agenda. Council Member Williams announced that he would not participate in any discussion of City Council action related to the aforementioned ordinance due to a personal interest in the real estate affected by the aforementioned ordinance. Hearing no speakers, the public hearing was closed. Council Member Goldberg asked if trucks are allowed on Pitchkettle Road. Public Works Director Lewis stated that trucks are allowed on Pitchkettle Road from the bypass to downtown. Council Member Johnson, on a motion seconded 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, and Ward 7 NAYS: None 0 ABSTAIN: Council Member Williams 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE PITCHKETTLE ROAD REALIGNMENT PROJECT 5 City Council Regular Meeting July 20, 2022 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Bar and Nightclub, for property located on 5941 Harbour View Boulevard, Zoning Map 6*3, Parcel 15, Account Number 304968400; CUP2022-012 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne offered a report of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: David Dallman, no address provided Kimley-Horn and Associates, representing Blue Point Investment Group, LLC, property owner. Kelly Gillerlain, 5331 Sports Club Run, representing self. Mike Hopkins, 114 Watch Harbour Court, representing self. The following individuals spoke in opposition to the proposed ordinance, with conditions, as presented: Andy Sweet, 5102 Clipper Court, President, Harbourview Home Owners Association, called for a continuance of the proposed ordinance. Mary Buller, 5322 Sports Club Run, representing self. Bob Christie, 5321 Sports Club Run, representing self. Jimmie Opilla, 5118 Gleneagles Way, representing self. Herman Baker, 5409 Sports Club Run, representing self. David Dallman, no address provided Kimley-Horn and Associates, representing Blue Point Investment Group, LLC, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Andy Sweet, 5102 Clipper Court, President, Harbourview Home Owners Association, called for a continuance of the proposed ordinance, with conditions, as presented. David Dallman, no address provided Kimley-Horn and Associates, representing Blue Point Investment Group, 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 Ward opined about the applicant’s willingness to continue the proposed ordinance for 30 days. Council Member Goldberg called for clarification about the project included in the proposed ordinance. Mr. Dallman said that the proposed ordinance includes a brewery, not a hotel. Council Member Goldberg opined about the outcome of the proposed ordinance, if the applicant and the adjacent property owners are unable to resolve their differences. Mr. Dallman replied that the Planning and Community Development Department would make the final decision in that instance. 6 City Council Regular Meeting July 20, 2022 Council Member Ward, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance, with conditions, as presented, to the August 17, 2022, City Council meeting. Referring to the presentation, Council Member Johnson opined about condition number 11 as included in the proposed ordinance. Interim Planning and Community Development Director Wyne advised that the language for that specific condition is taken from the Unified Development Ordinance regarding fence height limits to six feet without a variance. Council Member Ward, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance to the August 17, 2022, City Council meeting. On substitute motion, Council Member Fawcett moved to approve the proposed ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Johnson queried about the zoning designation for the parcel under consideration. Interim Planning and Community Development Wyne said that the parcel is designated B-2 General Business Districts. Council Member Goldberg asked Mr. Dallman about his client’s willingness to meet with the adjacent property owners to address their concerns. Mr. Dallman replied that meeting with adjacent property owners does not guarantee a resolution. Council Member Fawcett, on a substitute motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Mayor Duman called for clarification about the conditions included in the proposed ordinance as compared to the conditions presented to the Planning Commission. Mr. Dallman stated that the conditions were the same for City Council and the Planning Commission. Mayor Duman sought information about the applicant’s receipt of comments from the adjacent property owners. Mr. Dallman said that his client did receive comments from the adjacent property owners, which resulted in a berm and buffer being incorporated into the proposed ordinance, with conditions, as presented. Members of City Council opined about the proposed substitute motion. Council Member Fawcett, on a substitute motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor Duman and Council Members Butler Barlow, Fawcett and Goldberg 4 NAYS: Vice Mayor Bennett and Council Members Johnson, Ward and Williams 4 7 City Council Regular Meeting July 20, 2022 Council Member Ward, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance, with conditions, as presented, to the August 17, 2022, City Council meeting, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: Council Member Fawcett 1 City Council recessed at 8:15 p.m. and reconvened at 8:25 p.m. Public Hearing - An ordinance to grant a Conditional Use Permit to establish a school, secondary or middle, on property located at 237 North Main Street, Zoning Map 34G18(A), Parcels 64, 65, and 66, Account Number 353710700; CUP2022-011 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne supplied a summary of the background information as printed in the official agenda. Tamra Van Dorn, 103 Cantor Street, applicant, representing Suffolk Christian Academy, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing is closed. Vice Mayor Bennett, on a motion seconded by Council Member Butler Barlow, 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 Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 (Council Member Fawcett was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SCHOOL, SECONDARY OR MIDDLE, ON PROPERTY LOCATED AT 237 NORTH MAIN STREET, ZONING MAP 34G18(A), PARCELS 64, 65, AND 66, ACCOUNT NUMBER 353710700; CUP2022-011 Mayor Duman announced Council Member Fawcett was excused at 8:33 p.m. Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Utility Facility, not otherwise enumerated, for property located at 135 Hall Avenue, Zoning Map 34G24(3), Parcel A, Account Number 353747700; CUP2022-013 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a synopsis of the background information as printed in the official agenda. Kevin Hughes, 442 West Washington Street, Secretary, Economic Development Authority, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. 8 City Council Regular Meeting July 20, 2022 Council Member Williams, on a motion seconded by Council Member Goldberg, moved to approve the proposed ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 (Council Member Fawcett was excused at 8:33 p.m.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A UTILITY FACILITY, NOT OTHERWISE ENUMERATED, FOR PROPERTY LOCATED AT 135 HALL AVENUE, ZONING MAP 34G24(3), PARCEL A, ACCOUNT NUMBER 353747700; CUP2022-013 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Bar and Nightclub, on property located at 118 West Washington Street, Zoning Map 34G18(A), Parcel 301, Account Number 350019000; CUP2022-009 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne submitted a summation of the background information as printed in the official agenda. Domenick Epps, 3009 Beech Grove Lane, applicant and property owner, representing Donita Hayes, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Mark Bonney, 124 West Washington Street, representing self, spoke in opposition to the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. City Attorney Hutchings announced that Mayor Duman did not call for rebuttal speakers, therefore, the public hearing needed to be reopened. Mayor Duman reopened the public hearing. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Goldberg opined about the City’s noise ordinance as it relates to enforcement. Interim Planning and Community Development Director Wyne said that violations of the City’s noise ordinance could be addressed by the Suffolk Police Department. Council Member Goldberg sought information the inclusion of security at the proposed facility. Mr. Epps explained that the proposed facility would have a camera system but no security guards. 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 Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 (Council Member Fawcett was excused at 8:33 p.m.) 9 City Council Regular Meeting July 20, 2022 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A BAR AND NIGHTCLUB, ON PROPERTY LOCATED AT 118 WEST WASHINGTON STREET, ZONING MAP 34G18(A), PARCEL 301, ACCOUNT NUMBER 350019000; CUP2022-009 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential zoning district, to RLM, Residential Low-Medium Density zoning district, for property located at Zoning Map 12, Parcels 24 and 24G; Account Numbers 305036000 and 303979000; RZN2021-002 (Conditional) This item was continued to the September 21, 2022, City Council meeting under the Removal of Items from the Consent Agenda and Adoption of the Agenda. 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 Motion – A motion to schedule a City Council Work Session, for Wednesday, August 3, 2022, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Ward, moved to schedule a City Council Work Session, for Wednesday, August 3, 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 Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 (Council Member Fawcett was excused at 8:33 p.m.) NON-AGENDA SPEAKERS Kelly Hengler, 9345 Eclipse Drive, was not present when called. Olivia Lucas Loushe, 1029 Virginia Avenue, representing self, spoke in opposition to the Port 460 project. NEW BUSINESS There were no items under this portion of the agenda. 10 City Council Regular Meeting July 20, 2022 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Jennifer Moore provided a report on the following: the Virginia Telecommunication Initiative Broadband Groundbreaking Ceremony; the Kyiv City Ballet performances at the Suffolk Center for Cultural Arts; the speed limit reduction to 35 miles per hour due to the Route 58/Holland Road Corridor Improvement Project; the Lunch and More Camp Mess Hall at Suffolk Public Library; National Night Out; the City Employee Service Awards Luncheon and the availability of free mosquito dunks. Council Member Butler Barlow acknowledged Ms. Loushe for her remarks. Council Member Butler Barlow acknowledged the Tourism Division for their assistance with the Virginia Department of Agriculture and Consumer Services. Council Member Johnson opined about the Port 460 Project. Council Member Williams announced he attended the City Employee Service Awards Luncheon. Council Member Williams reported flooding ditches in South 4th Street. Council Member Goldberg called for a report about the City’s hurricane preparedness efforts. Council Member Goldberg opined about an Amtrak stop in Suffolk. Council Member Goldberg announced he attended the City Employee Services Awards Luncheon. Council Member Goldberg opined about development and property rights. Council Member Ward acknowledge the effort of Clerk of the Circuit Court W. Randolph Carter and his staff for their assistance. Council Member Ward announced he attended the City’s Employee Service Awards Luncheon. Council Member Ward reported he attended the Virginia Telecommunication Initiative Broadband Groundbreaking Ceremony. Vice Mayor Bennett called for an updated on the Shoulder Hill Road Improvement Project. City Manager Moor stated that it appears the project will proceed at the end of the month. Vice Mayor Bennett queried about the rerouting of traffic from the Amazon Robotics Fulfillment Center. Public Works Director Robert Lewis reported that the City has installed signage to redirect said traffic and sent a letter to the Amazon Robotics Fulfillment Center advising them accordingly. Vice Mayor Bennett opined about the Suffolk Police Department. Vice Mayor Bennett encouraged residents to participate in National Night Out. Mayor Duman opined about the Shentel Telecommunications Overview at today’s Work Session. 11 City Council Regular Meeting July 20, 2022 Mayor Duman announced he attended the Virginia Telecommunication Initiative Broadband Groundbreaking Ceremony. Mayor Duman opined about the City’s recent meetings with the bond rating agencies. Mayor Duman reported he attended the City Employee Service Awards Luncheon. Mayor Duman encouraged residents to attend National Night Out. Council Member Ward, on a motion seconded by Council Member Johnson, moved to adjourn, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 (Council Member Fawcett was excused at 8:33 p.m.) There being no further business to come before City Council, the regular meeting was adjourned at 9:46 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: FEBRUARY 1, 2023 12