City Council Meeting Agendas

City Council Regular Meeting August 3, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 3, 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) Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT LeOtis L. Williams (excused) 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 Council Member Williams was excused from tonight’s meeting. 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, and Ward 6 NAYS: None 0 (Council Member Williams was excused.) FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of August 3, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. 1 City Council Regular Meeting August 3, 2022 Council Member Goldberg, 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 Fawcett, Goldberg, Johnson, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF AUGUST 3, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the February 2, 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, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) 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. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to adopt the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) 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 funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport 2 City Council Regular Meeting August 3, 2022 Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program Consent Agenda Item #9 - An ordinance to accept and appropriate additional funding from the Virginia Department of Transportation Urban Maintenance Program for public roadway maintenance 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 Goldberg, on a motion seconded by Council Member Johnson, 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, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) PUBLIC HEARINGS Public Hearing - An ordinance to grant a Conditional Use Permit to establish a shooting range, outdoor, on property located at 1255 and 1444 Hosier Road, Zoning Map 44, Parcels 126 and 127, and Zoning Map 45, Parcel 21, Account Numbers 050924184, 05007100 and 052088000; CUP2022-002 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne presented a summary of the background information as printed in the official agenda. Todd Butler, no address provided, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Alex Oliver, no address provided, representing self, spoke in support of the proposed ordinance, with conditions, as presented. The following individuals spoke in opposition to the proposed ordinance, with conditions: Jonathan Powell, 1118 Hosier Road, representing self. William Hunter, 601 White Marsh Road, representing self. Claudia Lee, 3260 Indian Trail, representing self. Delegate Clinton Jenkins, no address provided, representing self, opined about being contacted by constituents about the transparency related to the proposed ordinance. Delegate Emily Brewer, no address provided, representing self, spoke in support of the proposed ordinance. Todd Butler, no address provided, representing self, spoke in support of the proposed ordinance, with conditions, as presented. 3 City Council Regular Meeting August 3, 2022 Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett moved to continue consideration of the proposed ordinance, with conditions, to the September 21, 2022, City Council meeting. The motion failed to receive a second. Council Member Goldberg moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Johnson called for information about the federal enforcement agency for shooting ranges. Mr. Butler said that the Virginia Department of Criminal Justice Services is the regulating agency for shooting ranges, and the shooting range would comply with all state and federal guidelines as required. Council Member Johnson opined about any similarities to the proposed shooting range and Blackwater, a private military company. Mr. Butler explained that the proposed shooting range is similar to a golf club, not a private military company. Council Member Goldberg, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions number one through five and seven through 11 as presented and amend number six: 6. The hours of operation for the shooting ranges shall be limited as follows: 1255 Hosier Road Monday – Saturday 8:00 a.m. to 10:00 a.m., no firearms larger than .22 caliber 10:00 a.m. to Dusk, firearms larger than .22 caliber Sunday 10:00 a.m. to 12:00 p.m., no firearms larger than .22 caliber 10:00 a.m. p.m. to Dusk, firearms larger than .22 caliber 1444 Hosier Road Monday – Saturday Dawn to Dusk Council Member Ward asked if the applicants gave the adjacent property owners an opportunity to tour the proposed shooting facility. Mr. Butler reported that there were some tours when the item was presented to the Planning Commission, but no tours after that point. Council Member Goldberg inquired about the security of the weapons that will be on site at the proposed shooting range. Mr. Butler advised there will be a secure area for the weapons on site. Council Member Goldberg, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions number one through five and seven through 11 as presented and amend number six as noted above, by the following roll call vote: AYES: Mayor Duman and Council Members Butler Barlow, Fawcett, Goldberg, Johnson, and Ward 6 NAYS: Vice Mayor Bennett 1 (Council Member Williams was excused.) 4 City Council Regular Meeting August 3, 2022 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SHOOTING RANGE, OUTDOOR, ON PROPERTY LOCATED AT 1255 AND 1444 HOSIER ROAD, ZONING MAP 44, PARCELS 126 AND 127, AND ZONING MAP 45, PARCEL 21, ACCOUNT NUMBERS 050924184, 05007100 AND 052088000; CUP2022-002, AS AMENDED Public Hearing - An ordinance to grant a Conditional Use Permit to establish a school, charter, private, or parochial on property located at 1444 Hosier Road, Zoning Map 44, Parcel 127, and Zoning Map 45, Parcel 21, Account Numbers 05007100 and 052088000; CUP2022-014 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne gave a review of the background information as printed in the official agenda. Jonathan Powell, 1118 Hosier Road, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Jack Claude, no address provided, representing Hoggard-Eure Associates, applicant, representing Kevin Glenn, Hosier Road Associates II, LLC and Hosier Road Associates, III, 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 Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following roll call: AYES: Mayor Duman and Council Members Butler Barlow, Fawcett, Goldberg, Johnson, and Ward 6 NAYS: Vice Mayor Bennett 1 (Council Member Williams was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SCHOOL, CHARTER, PRIVATE, OR PAROCHIAL ON PROPERTY LOCATED AT 1444 HOSIER ROAD, ZONING MAP 44, PARCEL 127, AND ZONING MAP 45, PARCEL 21, ACCOUNT NUMBERS 05007100 AND 052088000; CUP2022-014 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a park/open space (generally) on property located at 219 West Washington Street and 101 South Saratoga Street, Zoning Map 34G18(A), Parcels 361, 362, 365 and 368, and Zoning Map 34G17(A), Parcels 168 and 169, Account Numbers 353227000, 353737200, 352170000, and 352169000; CUP2022-015 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne supplied an overview of the background information as printed in the official agenda. Gerry Jones, Director, Capital Programs and Buildings, no address provided, applicant, representing the City of Suffolk, spoke in spoke of the proposed ordinance, with conditions, as presented. Chris Dove, 852 Colonel Meade Drive, representing self, spoke in support of the proposed ordinance, with conditions, as presented. 5 City Council Regular Meeting August 3, 2022 Claudia Lee, 3260 Indian Trail, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, on a motion seconded Council Member Fawcett, 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 Fawcett, Goldberg, Johnson, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PARK/OPEN SPACE (GENERALLY) ON PROPERTY LOCATED AT 219 WEST WASHINGTON STREET AND 101 SOUTH SARATOGA STREET, ZONING MAP 34G18(A), PARCELS 361, 362, 365 AND 368, AND ZONING MAP 34G17(A), PARCELS 168 AND 169, ACCOUNT NUMBERS 353227000, 353737200, 352170000, AND 352169000; CUP2022-015 Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from RM, Residential Medium Density zoning district, to CBD, Central Business District zoning district, for properties located at 114 Lee Street, Zoning Map 34G17(A), Parcels 176, 182, and 188, Account Numbers 351019000, 351020000, and 352558000; RZN2022-010 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a summation of the background information as printed in the official agenda. Gerry Jones, Director, Capital Programs and Buildings, no address provided, applicant, representing the City of Suffolk, spoke in support of the proposed ordinance, as presented. Mary Ann Persons, 1247 Murphy’s Mill Road, representing self, spoke in support of the proposed ordinance, as presented, spoke in support of the proposed ordinance, as presented. Denise Murden, 4041 Kingston Parkway, representing self, 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 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, Goldberg, Johnson, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) 6 City Council Regular Meeting August 3, 2022 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RM, RESIDENTIAL MEDIUM DENSITY ZONING DISTRICT, TO CBD, CENTRAL BUSINESS DISTRICT ZONING DISTRICT, FOR PROPERTIES LOCATED AT 114 LEE STREET, ZONING MAP 34G17(A), PARCELS 176, 182, AND 188, ACCOUNT NUMBERS 351019000, 351020000, AND 352558000; RZN2022-010 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Police and Fire Public Safety Update Utilizing PowerPoint presentations, Police Chief Alfred Chandler and Fire Chief Michael Barakey presented summations on the above referenced items. MOTIONS Motion – A motion to schedule a City Council Work Session, for Wednesday, August 17, 2022, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to schedule a City Council Work Session, for Wednesday, August 17, 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, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) City Council recessed at 8:14 p.m. and reconvened at 8:25 p.m. NON-AGENDA SPEAKERS Carl Louison, 9248 Virginia Avenue, representing self, opined about an Amtrak stop in Suffolk. Robert Tew, 219 East Constance Road, representing self, opined about the lack of sidewalks on East Constance Road and overgrowth in the area. Tyronda Robinson, 1741 Saw Mill Point Road, was not present when called. Delegate Clinton Jenkins, 438 North Main Street, representing self, opined about Port 460 project. 7 City Council Regular Meeting August 3, 2022 The following individuals spoke in opposition to the Port 460 project: Mike Host, 115 Pitch Kettle Point Circle, representing self. Chris Dove, 852 Colonel Meade Drive, representing self. Kelly Hengler, 9345 Eclipse Drive, representing self. Chet Hart, 4004 Reids Ferry Road, representing self. Sandy Hart, 4004 Reids Ferry, representing self. Mary Anne Persons, 1247 Murphy’s Mill Road, representing self. Denise Murden, 4441 Kingston Parkway, representing self. Lisa Jones, 5032 Kings Grant Circle, representing self. Jacqueline Brooks, 1305 Manning Road, representing self. Billie Jean Ferguson, 3225 Oak Branch Lane, Toano, Virginia, representing self. Mayor Duman announced that Council Member Fawcett was excused at 9:28 p.m. NEW BUSINESS City Clerk Dawley presented the following nominations to the respective boards and commissions - Agricultural Advisory Committee – Interim Planning and Community Development Director - Kevin Wyne and Southside Area Network Authority – Information Technology Director Charles Kiriakou. Council Member Goldberg, 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 Goldberg, Johnson, and Ward 6 NAYS: None 0 (Council Members Fawcett and Williams were excused.) City Clerk Dawley presented the following item for City Council’s consideration – a motion to remove Thomas Vandiver as the Direct Marketing Farming Representing and Monte Walden, Sr. as the Farm Service Area Local Administrative Area (Holy Neck representative) from the Agricultural Advisory Committee. 8 City Council Regular Meeting August 3, 2022 Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to approve the aforementioned motion, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, and Ward 6 NAYS: None 0 (Council Members Fawcett and Williams were excused.) ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Jennifer Moore provided a report on the following: the affirmation of the City’s AAA bond rating; the City of Suffolk’s Confidence Course Assists City Drivers; the City Employee Appreciation event; Route 58 phase two update video; the East Washington Street Tuesday Pop-up Market; the Suffolk Farmers Market at the Pavilion Bonus Wednesday Summer Markets; the Suffolk Farmers Market at the Pavilion Saturday Markets; a video regarding National Night Out; and the upcoming Summer Creator Faire at the North Suffolk Library. Council Member Goldberg opined about the Amtrak stop in Suffolk. Council Member Goldberg opined about the upcoming hurricane season. Council Member opined about National Night Out. Council Member Ward opined about National Night Out. Council Member Butler Barlow opined about National Night Out. Council Member Butler Barlow acknowledged the efforts of the Suffolk Fire Department and the Suffolk Police Department. Council Member Butler Barlow acknowledged all of the speakers in attendance. Council Member Johnson opined about National Night Out. Council Member Johnson acknowledged all of the speakers in attendance. Vice Mayor Bennett opined about National Night Out. Vice Mayor Bennett acknowledged the Tourism Division for organizing the East Washington Street Tuesday Pop-up Market. Vice Mayor Bennett thanked the Public Works Department for ditching cleaning in the Hosier Road area. Vice Mayor Bennett opined about a gun buy back event at the Balm Church. Vice Mayor Bennett opined about signage on Shoulders Hill Road directing truck traffic to the Amazon Fulfillment Center. 9 City Council Regular Meeting August 3, 2022 Vice Mayor Bennett extended his condolences to the family of the late Amanda Rodgers. Mayor Duman acknowledged all of the speakers in attendance. Mayor Duman opined about the affirmation of the City’s AAA bond rating. Mayor Duman opined about the City’s recent quarterly revenue report. Mayor Duman opined about National Night Out. Council Member Goldberg, on a motion seconded by Council Member Ward, moved to adjourn, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, and Ward 6 NAYS: None 0 (Council Members Fawcett and Williams were excused.) 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 15, 2023 10