City Council Meeting Agendas

City Council Regular Meeting June 21, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 21, 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 led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of June 21, 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 Butler Barlow, 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 OF CERTIFICATION OF THE CLOSED MEETING OF JUNE 21, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 21, 2023 APPROVAL OF THE MINUTES Council Member Rector, on a motion seconded by Council Member Williams, moved to approve the minutes from the December 21, 2022, Work Session, as presented, and amend the December 21, 2023, Regular Meeting minutes as follows: on page eight replace “Council Member Goldberg” with “Council Member Johnson” at the beginning of the fifth sentence under the Announcements and Comments section and approve the remainder of these minutes, 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 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Fawcett, on a motion seconded by Council Member Rector, moved to remove Consent Agenda Item #9 for a separate vote under the Resolutions portion of the agenda and adopt the remainder of 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 Lawrence Brown, 925 Walham Street, Norfolk, Virginia, representing Norfolk Professional Firefighters Local 68, spoke in support of Item #14 - Ordinance - An ordinance to amend Chapter 82, Article X, Division 4, Exemption, of the Code of the City of Suffolk to add Section 82-488, Exemption from taxes on property of surviving spouses of certain persons killed in the line of duty. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to authorize the transfer of unspent funds from the Records Management System Upgrade and CAD System Replacement projects for the Geoprime Redundancy Tower and Fiber Infrastructure Capital Projects Consent Agenda Item #8 - An ordinance to accept and appropriate funds in support of the City of Suffolk Sheriff’s Department Community Outreach Program Consent Agenda Item #9 – A resolution to accept a donation of personal property for the Suffolk Department of Fire and Rescue 2 City Council Regular Meeting June 21, 2023 Consent Agenda Item #10 - A resolution to endorse project applications under the Transportation Alternatives Program Consent Agenda Item #11 - A resolution to endorse project applications under the Revenue Sharing Funding Program for fiscal years 2027 and 2028 Referring to Consent Agenda Items #7, #8 #10 and #11, City Manager Moor submitted a review 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 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 grant a Conditional Use Permit to establish a bar and nightclub (live entertainment) on property located at 1400 Bridgeport Way, Suite 103, Zoning Map 12*55*2, Parcel A1; Account Number 306003619; CUP2023-010 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne supplied a summary of the background information as printed in the official agenda. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, 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, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A BAR AND NIGHTCLUB (LIVE ENTERTAINMENT) ON PROPERTY LOCATED AT 1400 BRIDGEPORT WAY, SUITE 103, ZONING MAP 12*55*2, PARCEL A1; ACCOUNT NUMBER 306003619; CUP2023-010 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance, Article 8, Nonconforming Uses, Section 31-801, Intent, of the Code of the City of Suffolk; OTA2023-002 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave a report of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 3 City Council Regular Meeting June 21, 2023 Council Member Johnson, on a motion seconded by Council Member Williams, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Rector opined about the review for compliance of non- conforming uses, aside from the building permit application process. Planning and Community Development Director Wyne explained that all building permit applications require zoning review, and the proposed ordinance does not contain language to mandate an administrative review. Mayor Duman called for information about the appeal process as it relates to the proposed ordinance. Planning and Community Development Director Wyne replied should a property owner wish to appeal the decision of the Zoning Administrator, they can appeal to the Board of Zoning Appeals. City Attorney Hutchings added if the property owner is not satisfied with the outcome from the Board of Zoning Appeals, they can file a writ with the Circuit Court. Council Member Johnson, on a motion seconded by Council Member Williams, 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 AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE, ARTICLE 8, NONCONFORMING USES, SECTION 31-801, INTENT, OF THE CODE OF THE CITY OF SUFFOLK; OTA2023-002 ORDINANCES Ordinance - An ordinance to amend Chapter 82, Article X, Division 4, Exemption, of the Code of the City of Suffolk to add Section 82-488, Exemption from taxes on property of surviving spouses of certain persons killed in the line of duty Utilizing a PowerPoint presentation, City Manager Moor offered a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the proposed ordinance, as presented. Referring to the distributed handout, City Attorney Hutchings announced that an amended ordinance has been presented for City Council’s consideration. Council Member Fawcett, on an amended motion seconded by Council Member Johnson, moved to approve the amended ordinance, as distributed, 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 4 City Council Regular Meeting June 21, 2023 AN ORDINANCE TO AMEND CHAPTER 82, ARTICLE X, DIVISION 4, EXEMPTION, OF THE CODE OF THE CITY OF SUFFOLK TO ADD SECTION 82-488, EXEMPTION FROM TAXES ON PROPERTY OF SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE LINE OF DUTY RESOLUTIONS Resolution - A resolution to accept a donation of personal property for the Suffolk Department of Fire and Rescue (This item was removed from the Consent Agenda under Removal of Items from the Consent Agenda and Adoption of the Agenda.) City Manager Moor provided a synopsis of the background information as printed in the official agenda. Council Member Fawcett announced that he abstaining from consideration of the above referenced item due to a personal interest in the Fawcett Family Foundation. Council Member Rector, 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, Johnson, Rector and Williams 7 NAYS: None 0 ABSTAIN: Council Member Fawcett 1 A RESOLUTION TO ACCEPT A DONATION OF PERSONAL PROPERTY FOR THE SUFFOLK DEPARTMENT OF FIRE AND RESCUE STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a public hearing on July 19, 2023, to consider the adoption of an ordinance authorizing the conveyance of certain real property known as Tax Map and Parcel 23*19A Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to schedule a public hearing on July 19, 2023, to consider the adoption of an ordinance authorizing the conveyance of certain real property known as Tax Map and Parcel 23*19A, 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 5 City Council Regular Meeting June 21, 2023 Motion - A motion to schedule a City Council Work Session for Wednesday, July 19, 2023, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to schedule a City Council Work Session, for Wednesday, July 19, 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 Joseph Bass, 1533 Moore’s Point Road, representing self, opined about the challenges of families. Wayne Byrum, 2510 Manning Road, representing self, reported issues in a ditch near his home. Michael Dougherty, 204 Privet Court, representing self, opined about tractor trailer traffic on Shoulders Hill Road, between Pughsville Road and Bridge Road. NEW BUSINESS City Clerk Dawley presented the following nomination for appointment - Tidewater Emergency Medical Services Council - Battalion Chief Keith Johnson. Council Member Bennett, on a motion seconded by Council Member Fawcett, moved to nominate and appoint Battalion Chief Keith Johnson to the Tidewater Emergency Medical Services Council, 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 City Clerk Dawley presented the following nomination for appointment - Economic Development Authority (Suffolk Borough) - William Andrew Webb II. Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to nominate and appoint William Andrew Webb II to the Economic Development Authority (Suffolk Borough), 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 City Clerk Dawley presented the following nomination for appointment - Historic Landmarks Commission - Kristy McCormally. 6 City Council Regular Meeting June 21, 2023 Council Member Fawcett, on a motion seconded by Council Member Rector, moved to nominate and appoint Kristy McCormally to the Historic Landmarks Commission, 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 City Clerk Dawley presented the following nomination for appointment - Historic Landmarks Commission – Edward Lee King. Council Member Johnson, on a motion seconded by Council Member Williams, moved to nominate and appoint Edward Lee King to the Historic Landmarks Commission, 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 City Clerk Dawley presented the following nomination for appointment - Fine Arts Commission - Dana Adams. Vice Mayor Ward, on a motion seconded by Council Member Johnson, moved to nominate and appoint Dana Adams to the Fine Arts Commission, 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 City Clerk Dawley presented the following nomination for appointment - Library Advisory Board - Sharon Slate. Council Member Rector, on a motion seconded by Council Member Williams, moved to nominate and appoint Sharon Slate to the Library Advisory Board, 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 City Clerk Dawley presented the following nomination for appointment - Parks and Recreation Advisory Board - Judson West. Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to nominate and appoint Judson West to the Parks and Recreation Advisory Board, 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 June 21, 2023 City Clerk Dawley presented the following nomination for appointment - Planning Commission - Mills Staylor. Council Member Johnson, on a motion seconded by Council Member Bennett, moved to nominate and appoint Mills Staylor to the Planning Commission, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector and Williams 7 NAYS: Council Member Fawcett 1 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: Team Suffolk at the Corporate 5K Run; the Hampton Roads Chamber of Commerce Valor Awards; the Suffolk Police Department Badge Pinning Ceremony; the end of the warning period for the Automated Traffic Enforcement Camera; the Amazing Peanut Chase City-wide Scavenger Hunt; the TGIF Summer Concert Series; the pop-up Suffolk Farmers Markets; the Independence Day Stars and Stripes Specular and the upcoming Suffolk 2045 Open Houses. Council Member Butler Barlow reported she attended the 2045 Comprehensive Plan Steering Committee Meeting and a Suffolk 2045 Open House. Council Member Butler Barlow inquired about a map of the location of the automated traffic enforcement cameras. Media and Community Relations Director Moore said she believed that information is available on the City’s web page and was included on the press release about this matter. Council Member Butler Barlow opined about license plate readers. Police Chief Alfred Chandler advised that those are only associated with FLOCK cameras when a crime has already been committed. Council Member Butler Barlow announced that she attending a meeting of the Chuckatuck Civic League. Council Member Bennett reported he attend two of the Suffolk 2045 Open Houses. Council Member Bennett opined about the pop-up Suffolk Farmers Markets. Council Member Bennett opined about the Suffolk Police Department Badge Pinning Ceremony. Council Member Bennett opined about the Pughsville Civic League Juneteenth Celebration. Council Member Johnson announced that he attended one of the 2045 Suffolk Open Houses. Council Member Johnson reported he attended the John F. Kennedy Middle School Community Meeting. Council Member Johnson extended his appreciation to the Public Works Department for the tour of the Route 58 Project. Council Member Johnson opined about the Suffolk Police Department Badge Pinning Ceremony. 8 City Council Regular Meeting June 21, 2023 Council Member Rector announced that he attended the Zoe Life Ministries’ First Annual STEAM Fun the Sun event. Council Member Williams reported that he attended. all Suffolk Public Schools high school graduations. Council Member Fawcett called for a report on truck traffic on Shoulders Hill Road. Council Member Fawcett opined about the Hampton Roads Chamber of Commerce Valor Awards and the Suffolk Police Department Badge Pinning Ceremony. Council Member Fawcett opined about the 2045 Suffolk Comprehensive Plan. Vice Mayor Ward announced he attended the Pughsville Civic League Juneteenth Celebration. Mayor Duman opined about the following: the Pughsville Civic League Juneteenth Celebration; the Zoe Life Ministries’ First Annual STEAM Fun the Sun event; and the Suffolk Center for Cultural Arts Community Day. Mayor Duman reported he attended the following: the Suffolk Police Department Badge Pinning; the 2045 Suffolk Open House; the Suffolk Business Appreciation event; the Pughsville Civic League Juneteenth Celebration; and the SmartGrowth Suffolk Kick Off event. Mayor Duman opined about the automated traffic enforcement cameras. Council Member Williams, 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 7:48 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: NOVEMBER 1, 2023 9