City Council Meeting Agendas

City Council Regular Meeting March 15, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 15, 2023, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow 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, City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Butler Barlow offered the Invocation, and the Creekside Elementary Student Council Association led the Pledge of Allegiance. APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Council Member Williams, moved to approve the minutes from the August 17, 2022, Regular Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation – Department of Fire and Rescue International Accreditation Utilizing a PowerPoint presentation, Fire Chief Michael Barakey offered a summation of the above referenced item. Battalion Chief Nicholas Savage offered supplementary comments. 1 City Council Regular Meeting March 15, 2023 REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to adopt the agenda as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to appropriate funds from the General Fund Committed Fund Balance Capital Reserve Fund and to transfer funds to the Capital Projects Fund for the Southside Network Authority Regional Fiber Optic Ring project Consent Agenda Item #8 - An ordinance to accept and appropriate a Walmart Community Grant for the City of Suffolk Sheriff’s Department Consent Agenda Item #9 - An ordinance to amend Chapter 86, Article 5, by adding Division 4 and Sections 86-317, 86-318, and 86-319 to the City Code to allow photo and video monitoring traffic enforcement Consent Agenda Item #10 - An ordinance to accept and appropriate funds proffered by SE VA Suffolk Property Owners, LLC in support of the Holland Road Improvements project Consent Agenda Item #11 - A resolution requesting the Virginia Department of Transportation to make certain additions and deletions to the Urban Highway System Consent Agenda Item #12 - A resolution of the Suffolk City Council approving of the City’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directing the City Attorney and/or the City’s Outside Counsel to execute the documents necessary to effectuate the City’s participation in the settlements Referring to Consent Agenda Items #7 through #12, City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting March 15, 2023 Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and Curtis Mehalko, for the conveyance of real property located on Tax Map & Parcel 40A *76 Utilizing a PowerPoint presentation, Public Utilities Director Paul Retel supplied a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Fawcett, 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, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK AND CURTIS MEHALKO, FOR THE CONVEYANCE OF REAL PROPERTY LOCATED ON TAX MAP & PARCEL 40A *76 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Wilroy Road, Zoning Map 26, Parcel 28; Account Number 300849000; CUP2022-023 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne gave a report of the background information as printed in the official agenda. Mayor Duman announced he would be abstaining from participating in this item. He explained that he would be abstaining not due to a conflict of interest, but due to the appearance of any impropriety because of his ownership of the property adjacent to the parcel under consideration. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Michael Borkowski, 5636 Connecticut Avenue, Washington, D.C., Community Power Group, LLC, agent, representing Solenis, LLC, property owner. Rachael Boots, no address provided, Community Power Group, LLC, agent, representing Solenis, LLC, property owner. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. 3 City Council Regular Meeting March 15, 2023 Jacqueline Brooks, 1305 Manning Road, representing self, spoke in opposition to the proposed ordinance, with conditions. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett called for information about any potential noise issues relating to the proposed solar energy facility. Mr. Borkowski said the proposed solar energy facility will not result in any noise issues, because the closest property is 65 feet away from the facility’s inverters. Council Member Fawcett moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Referring to the presentation, Council Member Bennett asked about any potential noise issues relating to the proposed solar energy facility and the adjacent property owners. Mr. Borkowski replied the proposed solar energy facility will not result in any noise issues, because the closest property is 65 feet away from the facility’s inverters. Referring to the presentation, Council Member Bennett queried about any communication between the applicant and the communities of Bridlewood Estates and Woodlake Terrace. Mr. Borkowski reported that the applicant sent out informational flyers and had a meeting regarding the proposed solar facility Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 ABSTAIN: Mayor Duman 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY ON PROPERTY LOCATED ON WILROY ROAD, ZONING MAP 26, PARCEL 28; ACCOUNT NUMBER 300849000; CUP2022-023 Public Hearing - An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit, detached, on property located at 1816 Cotton Farm Lane, Zoning Map 4*5, Parcel 5, Account Number 250535200; CUP2022-026 Utilizing a PowerPoint presentation, Planning and Community Development Wyne submitted a summary of the background information as printed in the official agenda. Sandra Waters, 1816 Cotton Farm Lane, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. 4 City Council Regular Meeting March 15, 2023 Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN ACCESSORY DWELLING UNIT, DETACHED, ON PROPERTY LOCATED AT 1816 COTTON FARM LANE, ZONING MAP 4*5, PARCEL 5, ACCOUNT NUMBER 250535200; CUP2022-026 Public Hearing - An ordinance to grant a Conditional Use Permit to amend the previously approved conditions pertaining to the establishment of a Truck Stop/Travel Plaza and to grant an increase in size and intensity of use on property located at 2410 Holland Road; Zoning Map 32B, Parcel 3*1*2*33B; Account Number 154000581; CUP2022-027 Utilizing a PowerPoint presentation, Planning and Community Development Wyne offered an overview of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Ken Rodman, Suite 400, 4500 Main Street, Virginia Beach, Virginia, VHB, agent, representing Herman Sadler, CHN, LLC applicant and property owner, spoke in support of the proposed ordinance, with conditions, as presented. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. Kevin McKean, 544 Lake Kilby Road, representing self. Evelyn Jones, 4921 Fennel Lane, representing self. Jacqueline Brooks, 1305 Manning Road, representing self, spoke in opposition. Herman Sadler, 2400 Holland Road, CHN, LLC, applicant and property owner, 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 Williams, moved to approve the ordinance, with conditions. Referring to the presentation, Council Member Johnson asked whether a redesign of the parking area to address access concerns will be done. Mr. Rodman advised that the fueling area has no connection to the parking lot. 5 City Council Regular Meeting March 15, 2023 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance, with conditions, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO AMEND THE PREVIOUSLY APPROVED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF A TRUCK STOP/TRAVEL PLAZA AND TO GRANT AN INCREASE IN SIZE AND INTENSITY OF USE ON PROPERTY LOCATED AT 2410 HOLLAND ROAD; ZONING MAP 32B, PARCEL 3*1*2*33B; ACCOUNT NUMBER 154000581; CUP2022-027 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the Hillpoint Farms Planned Development Master Plan by modifying the designated land use from Hotel to Residential, for property located on Hillpoint Boulevard; Zoning Map 26F(IB), Parcel E, Account Number 253215600; RZN2022-014 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered an overview of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, as presented: J. Witt Harper, 705 West Washington Street, representing Saunders and Ojeda, P.C. Dustin Mills, 631 Dickinson Avenue, Greenville, North Carolina, representing Thomas F. Taft, Sr., Taft-Mills Group, LLC, contract purchaser. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. Evelyn Jones, 4921 Fennel Lane, representing self, spoke in opposition to the proposed ordinance, as presented. J. Witt Harper, 705 West Washington Street, representing Saunders and Ojeda, P.C. spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Members of City Council opined about the proposed ordinance. Council Member Rector, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 6 City Council Regular Meeting March 15, 2023 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE HILLPOINT FARMS PLANNED DEVELOPMENT MASTER PLAN BY MODIFYING THE DESIGNATED LAND USE FROM HOTEL TO RESIDENTIAL, FOR PROPERTY LOCATED ON HILLPOINT BOULEVARD; ZONING MAP 26F(IB), PARCEL E, ACCOUNT NUMBER 253215600; RZN2022-014 (CONDITIONAL) ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution - A resolution in support of a Revitalization Area at the Hillpoint Trace development project site City Manager Moor submitted a summary of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 A RESOLUTION IN SUPPORT OF A REVITALIZATION AREA AT THE HILLPOINT TRACE DEVELOPMENT PROJECT SITE STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing to be held on May 3, 2023, to receive public comment on the proposed Fiscal Year 2023-2024 Citywide effective real estate tax increase due to reassessment Council Member Rector, on a motion seconded by Council Member Williams, moved to schedule a public hearing to be held on May 3, 2023, to receive public comment on the proposed Fiscal Year 2023- 2024 Citywide effective real estate tax increase due to reassessment, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 7 City Council Regular Meeting March 15, 2023 Motion - A motion to schedule a City Council Retreat for Thursday, April 6 – Friday, April 7, 2023, at 9:00 a.m., at the Suffolk Hilton Garden Inn Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Retreat for Thursday, April 6 – Friday, April 7, 2023, at 9:00 a.m., at the Suffolk Hilton Garden Inn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 Motion - A motion to schedule a City Council Work Session for Wednesday, April 5, 2023, 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, April 5, 2023, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Thomas Woodward, 227 North Main Street, representing self, opined about public safety concerns. Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Virginia, representing self, opined about the City’s concealed carry license fee. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: Suffolk Police Department’s participation in the Characters 4 Kidz event; upcoming events at the Suffolk Workforce Development Center; the Suffolk Fire and Rescue Department’s rescue of a horse; the upcoming screening of “Bohemain Rhapsody” at the Suffolk Center for Cultural Arts; the upcoming Suffolk Parks and Recreation Department’s Job Fair; the 2023 Great Suffolk Cleanup; the upcoming performance of “Finding Nemo, Jr.” at the Suffolk Center for Cultural Arts; the Hampton Rods Workforce Council’s Hampton Roads Regional Career Fair and the Suffolk Public Works Citizens Academy. Council Member Butler Barlow acknowledged the students from the Creekside Elementary School Student Council Association for leading the Pledge of Allegiance. Council Member Butler Barlow opined about the Work Session presentation regarding the Suffolk Center for Cultural Arts. 8 City Council Regular Meeting March 15, 2023 Council Member Butler Barlow congratulated the Suffolk Fire and Rescue Department’s on their recent accreditation. Council Member Butler Barlow reported on the increase of farm vehicles on City road. Council Member Butler Barlow announced that March is Women’s History Month. Council Member Bennett opined about the Work Session presentation regarding the Broadband Initiatives Update. Council Member Bennett opined about the Suffolk Public Works Citizens Academy. Council Member Bennett congratulated the Suffolk Fire and Rescue Department’s on their recent accreditation. Council Member Bennett acknowledged City Administration for addressing constituent concerns. Council Member Bennett acknowledged Mr. Woodard for addressing City Council. Council Member Rector acknowledged City Administration for attending a meeting of the West End Civic League. Council Member Rector announced he attended the following events: the Suffolk Redevelopment and Housing Authority and Food Bank of Southeastern Virginia and Eastern Shore food giveaway; the Coalition Against Poverty in Suffolk meeting; and the Salvation Army Suffolk Corps meeting. Council Member Williams reported he attended the installation of new officers of the Suffolk Interdenominational Ministerial Alliance. Council Member Williams announced he attended the Pastoral Installation for Reverend Henry Diggs. Council Member Williams reported constituent concerns on Hunter Street and Willow Street. Council Member Fawcett congratulated the Suffolk Fire and Rescue Department on its recent accreditation. Council Member Fawcett acknowledged all of the speakers in attendance at tonight’s meeting. Council Member Fawcett opined about today’s Work Session. Vice Mayor Ward reported he attended the Deborah's Women in Ministry event. Vice Mayor Ward announced he attended the following events: the Pastoral Installation for Reverend Henry Diggs; the Coalition Against Poverty in Suffolk meeting and the Salvation Army Suffolk Corps meeting. Mayor Duman congratulated the Suffolk Fire and Rescue Department’s on their recent accreditation. 9 City Council Regular Meeting March 15, 2023 Mayor Duman reported he attended the following events: the Suffolk Redevelopment and Housing Authority and Food Bank of Southeastern Virginia and Eastern Shore food giveaway; the Characters 4 Kidz event; the Pastoral Installation for Reverend Henry Diggs; the ribbon cutting for Litrell Staffing; the town hall hosted by School Board Member Dawn Brittingham; the Deborah's Women in Ministry event; the Coalition Against Poverty in Suffolk meeting; the Salvation Army Suffolk Corps meeting and the Virginia Beach State of the City event. Mayor Duman opined about the City’s and State’s funding formula for Suffolk Public Schools. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:12 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: SEPTEMBER 6, 2023 10