City Council Meeting Agendas

City Council Regular Meeting January 18, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, January 18, 2023, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Roger W. Fawcett Timothy J. Johnson John T. Rector LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, II, City Manager ABSENT None (Council Member Butler Barlow was excused.) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Rector offered the Invocation and led the Pledge of Allegiance. Mayor Duman announced that Council Member Butler Barlow was excused from today’s Regular Meeting. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of January 18, 2023, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JANUARY 18, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting January 18, 2023 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the minutes from the July 6, 2022, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow 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 announced that City Manager Moor had additional information. City Manager Moor advised that the applicant has requested to withdraw Public Hearing Item #20 from the agenda for consideration and adopt the remainder of the agenda as presented. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to withdraw Public Hearing Item #20 from the agenda for consideration and adopt the remainder of the agenda as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow 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 American Rescue Plan Act Tourism Recovery Program funding from the Virginia Tourism Corporation for the Suffolk Department of Tourism Consent Agenda Item #8 - An ordinance to accept and appropriate a V-STOP Reduction in Domestic Violence Grant from the Virginia Department of Criminal Justice Services Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services Operation Ceasefire Grant Program for the Suffolk Commonwealth’s Attorney’s Office 2 City Council Regular Meeting January 18, 2023 Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program and Extended Polystyrene Campaigns Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Virginia Department of Emergency Management for the Suffolk Department of Fire and Rescue Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the Virginia Department of Transportation State of Good Repair Program and to transfer local Urban Maintenance Funds for repaving sections of locally owned road segments Referring to Consent Agenda Item #7 through Item #12, 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 Bennett, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) PUBLIC HEARINGS Public Hearing - A Land Lease Agreement by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC for cable utility cabinet locations on City owned property at the North Suffolk Library, Tax Map 12*31G*1 Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes gave a review of the background information as printed in the official agenda. Danny Agee, 111 Downing Street, Roanoke, Virginia, representing Shenandoah Cable Television, LLC, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) AN ORDINANCE AUTHORIZING A LAND LEASE AGREEMENT BY AND BETWEEN THE CITY OF SUFFOLK, VIRGINIA, AND SHENADOAH CABLE TELEVISION, LLC FOR A CABLE UTILITY CABINET LOCATED ON CITY OWNED PROPERTY AT THE NORTH SUFFOLK LIBRARY, TAX MAP 12*31G*1 3 City Council Regular Meeting January 18, 2023 Public Hearing - A Land Lease Agreement by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC for cable utility cabinet locations on City owned property at the G. Robert House Water Treatment Plant, Tax Map 10*53 Utilizing a PowerPoint presentation, Deputy City Manager Hughes submitted a summation of the background information as printed in the official agenda. Danny Agee, 111 Downing Street, Roanoke, Virginia, representing Shenandoah Cable Television, LLC, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) AN ORDINANCE AUTHORIZING A LAND LEASE AGREEMENT BY AND BETWEEN THE CITY OF SUFFOLK, VIRGINIA, AND SHENADOAH CABLE TELEVISION, LLC FOR A CABLE UTILITY CABINET LOCATED ON CITY OWNED PROPERTY AT G. ROBERT HOUSE WATER TREATMENT Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from CP, Commerce Park zoning district, to M-2, Heavy Industrial zoning district (Conditional), for property located at Zoning Map 6, Parcel 36, Account Number 306001420; RZN2022-012 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne offered an overview of the background information as printed in the official agenda. Fred Taylor, 200 North Street, Bush and Taylor, P.C., representing Hampton Roads Sanitation District, spoke in support of the proposed ordinance, as presented. Lauren Zuravnsky, 1434 Air Rail Avenue, Chief of Design and Construction, Hampton Roads Sanitation District, spoke in support of the proposed ordinance, as presented. Jacqueline Brooks, 1305 Manning Road, representing self, opined about the proposed ordinance, as presented. Lauren Zuravnsky, 1434 Air Rail Avenue, Chief of Design and Construction, Hampton Roads Sanitation District, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. 4 City Council Regular Meeting January 18, 2023 Vice Mayor Ward, on a motion seconded to Council Member Johnson, moved to approve the ordinance, as presented. Council Member Rector opined about the Potomac Aquifer. Ms. Zuravnsky explained that the Potomac Aquifer has been drawn from over the past 100 years. She added that it is recharged around Interstate 95, and the water works is way down to the aquifer. Additionally, she advised that pulling out the water means less pressure, so the land is subsiding. She concluded that the work at the SWIFT Research Center enables water to be returned to the ground. Vice Mayor Ward, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM CP, COMMERCE PARK ZONING DISTRICT, TO M-2, HEAVY INDUSTRIAL ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT ZONING MAP 6, PARCEL 36, ACCOUNT NUMBER 306001420; RZN2022-012 (CONDITIONAL) Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Sewage Treatment Plant, Utility facility, not specifically enumerated, and outdoor operations and storage on property located at 6909 Armstead Road, Zoning Map 6, Parcels 1D and 36; Account Numbers 304219400 and 306001420; CUP2022-025 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne reviewed the background information as printed in the official agenda. Fred Taylor, 200 North Street, Bush and Taylor, P.C., representing Hampton Roads Sanitation District, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speaker, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Rector, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SEWAGE TREATMENT PLANT, UTILITY FACILITY, NOT SPECIFICALLY ENUMERATED, AND OUTDOOR OPERATIONS AND STORAGE ON PROPERTY LOCATED AT 6909 ARMSTEAD ROAD, ZONING MAP 6, PARCELS 1D AND 36; ACCOUNT NUMBERS 304219400 AND 306001420; CUP2022-025 5 City Council Regular Meeting January 18, 2023 Public Hearing - An ordinance to grant a Conditional Use Permit to restore a nonconforming residential structure to an extent of greater than 50% of its replacement cost, on property located at 7622 South Quay Road, Zoning Map 50, Parcel 82D; Account Number 152870000; CUP2022-030 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne presented a synopsis of the background information as printed in the official agenda. Enoch Copeland, 6225 Lakeland Road, property owner, 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 by Vice Mayor Ward, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO RESTORE A NONCONFORMING RESIDENTIAL STRUCTURE TO AN EXTENT OF GREATER THAN 50% OF ITS REPLACEMENT COST, ON PROPERTY LOCATED AT 7622 SOUTH QUAY ROAD, ZONING MAP 50, PARCEL 82D; ACCOUNT NUMBER 152870000; CUP2022-030 Public Hearing - An ordinance to Amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-411, Use Patterns, of the Code of the City of Suffolk, Virginia; OTA2022-006 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne gave a summation of the background information as printed in the official agenda. Evelyn Jones, 4921 Fennel Lane, representing self, spoke in opposition to the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett sought clarification about the minimum number of feet required for a cluster set back. Interim Planning and Community Development Director Wyne restated that the proposed ordinance would need an amendment to reflect that cluster developments would require a minimum five feet side setback versus the minimum seven and a half feet side setback as printed in the official agenda. Council Member Fawcett moved to approve the ordinance with the following amendment: the minimum side setback for cluster developments of five feet and approve the remainder of the proposed ordinance, as presented. The motion failed to receive a second. 6 City Council Regular Meeting January 18, 2023 Council Member Johnson asked if the proposed ordinance would need to be sent back to the Planning Commission to address the new requirement for a minimum five feet side setback for cluster developments. Council Member Fawcett said that City Council has the option of sending this matter back to the Planning Commission to review the updated minimum side setback. Mayor Duman queried about the State’s requirement of a minimum five feet side setback for cluster developments. Interim Planning and Community Development Director Wyne replied that the State requires a minimum five feet side setback for cluster developments. Council Member Johnson opined about the prohibition of vehicle access, as it relates to setbacks. Interim Planning and Community Development Director Wyne stated, depending on the demands of the market, developers will probably do a larger setbacks to address vehicle access. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance with the following amendment: the minimum side setback of cluster development of five feet and approve the remainder of the proposed ordinance, as presented: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 4, ZONING, SECTION 31-411, USE PATTERNS, OF THE CODE OF THE CITY OF SUFFOLK, VIRGINIA; OTA2022-006, AS AMENDED Public Hearing - An ordinance to reconsider previously approved rezoning, RZN2022-004 (Conditional), in order 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) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne outlined the background information as printed in the official agenda. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, Bennetts Creek Quarter, LLC, BCQ Towns, LLC and BCQ Construction, LLC, applicant and property owner, distributed a handout with the amended proffer: number three – “Moving forward, no more than 56 new dwelling units shall be issues a Certificate of Occupancy in 2023. An additional 48 shall be issued in 2024 with a cumulative amount of 104 unites at the end of 2024. An additional 82 shall be issued in 2025 with a cumulative amount of 186 units at the end of 2025. The remainder of the units shall be issued Certificates of Occupancy in 2026. Please find Exhibit A attached to these proffers. This is the outline we used to determine the number of closing each year. We are not proffering the schedule; we are proffering the cumulative number of closings in the years noted above. When construction of Bridge Road and Shoulders Hill Road is built this proffer will be eliminated.” He also opined about the delays in the Shoulder Hill Road/Bennetts Creek Intersection Project and spoke in support of the proposed ordinance with the previously outlined amended proffer. 7 City Council Regular Meeting January 18, 2023 Jeff Lease or Fleece, 1007 Paragon Way, representing self, spoke in support of the proposed ordinance. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, spoke in opposition to the proposed ordinance. Evelyn Jones, 4921 Fennel Lane, representing self, spoke in opposition to the proposed ordinance, as presented. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, Bennetts Creek Quarter, LLC, BCQ Towns, LLC and BCQ Construction, LLC, applicant and property owner, spoke in support of the proposed ordinance with the previously outlined amended proffer. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett moved to continue consideration of the Conditional Use Permit Rezoning Request RZN2022-004 to the February 15, 2023, City Council meeting and to direct staff to re-advertise the public hearing at February 15, 2023, City Council to include the proposed amendment to proffer number three. The motion failed to receive a second. Council Member Johnson called for clarification about the action that would be permitted by City Council at this time. Mayor Duman explained that the only item that City Council can consider at this time is the proposed ordinance as printed in the official agenda, not the information distributed tonight by Mr. Napolitano with the amendments to proffer number three. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to continue consideration of the Conditional Use Permit Rezoning Request RZN2022-004 to the February 15, 2023, City Council meeting and to direct staff to re-advertise the public hearing at February 15, 2023, City Council to include the proposed ordinance proffer number three, as previously outlined, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) Public Hearing – An ordinance to grant a Conditional Use Permit to establish the use parking, commercial (not owned or operated by a public agency) on property located at 130 Maya Way, Zoning Map 20*22J, Parcel 3; Account Number 306004631; CUP2022-022 (This item was continued from the December 21, 2022, City Council Meeting.) This item was withdrawn under Item #5. ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. 8 City Council Regular Meeting January 18, 2023 STAFF REPORTS Staff Report – Public Safety Update Utilizing a PowerPoint presentation, Police Chief Alfred Chandler provided a report on the above referenced item. Referring to the presentation, Council Member Bennett called for an update on the installation of the Flock Cameras. Police Chief Chandler reiterated that Flock Cameras have been strategically placed in the downtown and core areas of the City. He added the installation of the Raven Detectors has been delayed due to issues with the company. Utilizing a PowerPoint presentation, Fire Chief Michael Barakey offered an update on the recent airplane crash at 3900 Carolina Road. MOTIONS Motion – Motion to schedule a joint meeting of City Council and the School Board for Wednesday, February 1, 2023, at 3:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a joint meeting of City Council and the School Board for Wednesday, February 1, 2023, at 3:00 p.m., unless cancelled, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) NON-AGENDA SPEAKERS Kelly Hengler, 9345 Eclipse Drive, representing self, opined about blue marl. Sylvia Bennett, 401 York Street, representing Hall Place, called for additional stop signs and street lights in the area. Saul Banks, 400 York Street, representing self, called for additional stop signs and street lights in his area. NEW BUSINESS City Clerk Dawley presented nominations for appointment to the respective boards and commissions: Hampton Roads Planning District Commission - Council Member Leroy Bennett and City Manager Albert Moor; Human Services Advisory Board - Shameka Council; Library Advisory Board - Kimberly Ellis; Planning Commission - MaryEllen Baur; Suffolk Clean Community Commission - Allie Hobgood; and Western Tidewater Water Authority - Council Member Timothy Johnson, Council Member John Rector, City Manager Albert Moor and City Attorney William Hutchings (alternate). 9 City Council Regular Meeting January 18, 2023 Council Member Fawcett, on a motion seconded by Council Member Rector, moved to nominate and appoint the aforementioned individuals to the respective bodies, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, and Rector 6 NAYS: None 0 (Council Member Butler Barlow was excused and Council Member Williams was out of the chamber at the time of the vote.) ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: the City Council Investiture Ceremony; the Hampton Roads Transportation Planning Commission Regional Connectors Open House; the solicitation for volunteer actors for the Suffolk Public Library’s Tangled Hearts Murder Mystery; the Suffolk Workforce Development Center’s credit and debt management series; the Suffolk Parks and Recreation Department’s League of Young Entrepreneurs; the Suffolk Parks and Recreation Department’s Teen Excursion to the National Museum of African American History and Culture; the Suffolk Parks and Recreation Department’s Princess Spa Day; the Suffolk Parks and Recreation Department’s Sweetheart Ball and the Suffolk Parks and Recreation Department’s new parks and recreation management software solution. Council Member Rector announced that Dr. John B. Gordon is the recipient of the 2022 Superintendent to Watch Award from the National School Public Relations Association. Council Member Rector reported he attended the Citywide Martin Luther King, Jr. Celebration. Council Member Williams thanked City Administration for participation in a town hall at the Curtis R. Milteer, Sr. Recreation. Council Member Williams reported a variety of constituent concerns in the Pleasant Hill area. Council Member Bennett opined about the need for a school crossing guard at Florence Bowser Elementary School. Mayor Duman extended his condolences to the family of the late Marilyn Peebles Gibson. Mayor Duman announced he attended the Suffolk Redevelopment and Housing Authority’s ribbon cutting for White Marsh Pointe at Eagle Landing. Mayor Duman reported he attended the “City of Suffolk” event at the Hampton Roads Admirals hockey game. Mayor Duman opined about the installation service for Rev. Dr. Naomi Chambers. Mayor Duman opined about the Suffolk Humane Society’s Paws for the Arts. 10 City Council Regular Meeting January 18, 2023 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adjourn, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Butler Barlow was excused.) There being no further business to come before City Council, the regular meeting was adjourned at 9:16 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: JULY 19, 2023 11