City Council Meeting Agendas

City Council Regular Meeting July 19, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 19, 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 July 19, 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 Williams, 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 JULY 19, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 19, 2023 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the minutes from the January 8, 2023, Special Meeting and the January 18, 2023, Work Session and Regular Meeting, 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 Special Presentation - A proclamation in recognition of “Parks and Recreation Month” Mayor Duman presented the above referenced proclamation to Parks and Recreation Director Mark Furlo and members of the Parks and Recreation Advisory Commission. Special Presentation - A proclamation in recognition of “National Night Out” Mayor Duman presented the above referenced proclamation to Media and Community Relations Director Jennifer Moore and Captain John McCarley. Media and Community Relations Director Moore also presented a video. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Johnson, on a motion seconded by Council Member Fawcett, 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 authorizing the City Manager to accept the deed of donation, Tax Map Number 6 Parcel 27D Consent Agenda Item #8 - An ordinance to reappropriate unspent Fiscal Year 2022-2023 funds to the Fiscal Year 2023-2024 School Operating Fund Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Forestry Trees for Clean Water Grant for the Suffolk Department of Parks and Recreation 2 City Council Regular Meeting July 19, 2023 Consent Agenda Item #10 - An ordinance to accept and appropriate funds paid by McDonald Development Company in support of the Westport Commerce Park project Consent Agenda Item #11 - An ordinance to amend and re-ordain the adopted Fiscal Year 2023-2024 Fee Schedule for the City of Suffolk, Virginia, to increase the local juror fee from $30 to $50 per day Consent Agenda Item #12 - 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 Downtown Implementation Plan project Consent Agenda Item #13 - An ordinance to accept and appropriate funds from the Virginia 9-1-1 Services Board Public Safety Answering Point Grant Program for the Suffolk Police Department Consent Agenda Item #14 - A resolution adopting the Debris Management Plan Referring to Consent Agenda Items #7 through #14, 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 Williams, 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 Travis Wood for the conveyance of real property located at Tax Map and Parcel 23*19A Utilizing a PowerPoint presentation, Public Works Director Robert Lewis supplied a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Rector, 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 TRAVIS WOOD FOR THE CONVEYANCE OF REAL PROPERTY LOCATED AT TAX MAP AND PARCEL 23*19A 3 City Council Regular Meeting July 19, 2023 Public Hearing - Adoption of the revised Suffolk’s Historic Conservation Overlay District Guidelines Utilizing a PowerPoint presentation, Principal Planner William Cannady gave a report of the background information as printed in the official agenda. John Jones, 468 Milford Lane, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Rector, on a motion seconded by Council Member Fawcett, moved to that the adoption of the Historic Conservation Overlay District Guidelines be postponed until the August 16, 2023, City Council meeting to allow staff time to include guidelines concerning exterior building colors and that a second public hearing on the amended item be scheduled for the same date, 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 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-402, Establishment of Zoning Districts, Section 31- 404, Zoning Map, Table 404-1, Section 31-408(n)(2), Specific FRRD District Criteria, Approval Process, Section 31-413, Historic Conservation Overlay Districts (HC), Section 31-420(e), Location and Design, and Section 31-420(f) Streets and Alleys, of the Code of the City of Suffolk, Virginia; OTA2023-004 City Manager Moor called for clarification about the need to continue the proposed ordinance and schedule an additional public hearing, as the current item is related to the previous item. City Attorney Hutchings replied that the public hearing on the current item must be held since it was advertised. Hearing no speakers, the public hearing was closed. Council Member Rector, on a motion seconded by Council Member Fawcett, moved that adoption of OTA2023-004 be postponed to the August 16, 2023, City Council meeting to allow staff time to include guidelines concerning exterior building colors and that a second public hearing on the amended item be scheduled for the same date, 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 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 6, Design and Improvement Standards, Section 31-606(A)(6), Vehicular Traffic Areas; OTA2023-005 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne supplied a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 4 City Council Regular Meeting July 19, 2023 Council Member Williams, on a motion seconded by Council Member Butler Barlow, 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 OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-606(A)(6), VEHICULAR TRAFFIC AREAS; OTA2023-005 Public Hearing - An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit, detached, on property located at 1832 Cotton Farm Lane, Zoning Map 4*5*1, Parcel 6, Account Number 253107800; CUP2023-013 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a review 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 Council Member Butler Barlow, 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 1832 COTTON FARM LANE, ZONING MAP 4*5*1, PARCEL 6, ACCOUNT NUMBER 253107800; CUP2023-013 ORDINANCES Ordinance - An ordinance to amend Chapter 2, Article III, Division 7, Historic Landmarks Commission, Section 2-323, Qualifications; vacancies; removal; compensation, and Section 2-324, Duties, of the Code of the City of Suffolk, Virginia; OTA2023-003 City Manager Moor recommend that City Council continue consideration of the proposed ordinance, as the two other Historical Conservation Overlay District were also continued. Council Member Rector, on a motion seconded by Vice Mayor Ward, moved to continue consideration of OTA2023-003 to the August 16, 2023, City Council meeting, 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 5 City Council Regular Meeting July 19, 2023 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 public hearing for August 2, 2023, to receive public comment on an ordinance to grant a restrictive use easement to the City of Norfolk located on Tax Map and Parcel 25*15 Council Member Williams, on a motion seconded by Council Member Johnson, moved to schedule a public hearing for August 2, 2023, to receive public comment on an ordinance to grant a restrictive use easement to the City of Norfolk located on Tax Map and Parcel 25*15, 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 public hearing for August 2, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and the Suffolk County Chapter of the Izaak Walton League of America, Incorporated for the conveyance of real property located on Tax Map and Parcel 25*15 Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to schedule a public hearing for August 2, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and the Suffolk County Chapter of the Izaak Walton League of America, Incorporated for the conveyance of real property located on Tax Map and Parcel 25*15, 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 public hearing to be held on August 16, 2023, to receive public comment on an ordinance to renew a lease agreement at the Suffolk Executive Airport with Arne Free Fall Solutions, LLC for Box Hanger Number 7 Council Member Williams, on a motion seconded by Council Member Johnson, moved to schedule a public hearing to be held on August 16, 2023, to receive public comment on an ordinance to renew a lease agreement at the Suffolk Executive Airport with Arne Free Fall Solutions, LLC for Box Hanger Number 7, 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 July 19, 2023 Motion - A motion to schedule a City Council Work Session for Wednesday, August 2, 2023, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to schedule a City Council Work Session, for Wednesday, August 2, 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 Hunter Morris, 145 Woodlake Terrace, was not present when called. Gwen Rountree, 611 Roosevelt Drive, opined about diabetes in Western Tidewater. Ellen Havard, 2595 Holland Road, representing Pepsi Beverage Company, opined about a median in fronot of the company and the Route 58 Project. Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Virginia, was not present when called. Dwayne Sherrick, 1009 Centerbrooke Lane, Suite 202, representing self, opined about the City’s false alarm fee. Council Member Fawcett, on a motions seconded by Council Member Bennett, moved to suspend City Council’s Rules of Order and Procedure to permit Vic Nicholls to address City 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 Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Virginia, opined about the City’s concealed weapon permit fee. Joseph Bass, 1533 Moores Point Road, representing self, opined about crime. NEW BUSINESS City Clerk Dawley presented the following nominations for appointment; Economic Development Authority (Nansemond Borough) – Simon Stevenson; Historical Landmarks Commission – Dr. Keith Emerson and Vivian Turner; Human Services Advisory Board – Claudine Campbell; Library Advisory Board - Nancy Creekmoore and Kimberly Ellis; Parks and Recreation Advisory Commission – Ellen Benegar, Darrell Davis and Lakita Frazier; Planning Commission – Mary Ellen Baur, Oliver Creekmore and Anita Hicks; Suffolk Sister Cities Commission – Denise Hoffler-Foster; and Suffolk Redevelopment and Housing Authority Board of Commissioners – Albert Kenneth Oparaji. 7 City Council Regular Meeting July 19, 2023 Council Member Johnson, on a motion seconded by Council Member Bennett, moved to nominate and appoint the aforementioned individuals to the respective bodies, 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 Council Member Bennett, on a motion seconded by Council Member Butler Barlow, moved to direct the City Manager be directed to work the Registrar to amend the boundaries of the City’s voting precincts to place all residents of Lake Kennedy into the John F. Kennedy Precinct. The amendments should occur after November 2023 general election. Referring to the proposed motion, Council Member Johnson queried if this would be a review of the aforementioned boundaries. Council Member Bennett stated that he consulted with City Attorney Hutchings about the process to make Lake Kennedy whole versus the two different polling places. Referring to the proposed motion, Vice Mayor Ward opined about the number of voters that could be potentially impact. City Attorney Hutchings explained that City Manager Moor would need to work the Registrar in order to determine the number of impacted voters. Referring to the proposed motion, Vice Mayor Ward called for clarification about the potential relocation of voters to a new borough. City Attorney Hutchings said that the proposed motion only impacts voting precincts. Mayor Duman asked Council Member Bennett to repeat the proposed motion. Council Member Bennett stated a motion to direct the City Manager to work the Registrar to amend the boundaries of the City’s voting precincts to place all residents of Lake Kennedy into the John F. Kennedy Precinct. The amendments should occur after November 2023 general election. City Attorney Hutchings explained that the presented motion would be an amendment to the City Code. He concluded that the motion would need to be amended if the desire was to only receive a report on this matter. Mayor Duman asked Council Member Bennett if he was amenable to amending the proposed motion to bring back a report on the feasibility of amending boundaries of the City’s voting precincts to place all residents of Lake Kennedy into the John F. Kennedy Precinct. Council Member Bennett replied in the affirmative. Council Member Bennett, on an amended motion seconded by Council Member Butler Barlow, moved to direct the City Manager to bring back a report from the Registrar to amend the boundaries of the City’s voting precincts to place all residents of Lake Kennedy into the John F. Kennedy Precinct, effective after the November 2023 general election, 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 8 City Council Regular Meeting July 19, 2023 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the burn ban ending at the end of September 2023; the partnership between Suffolk Public Library and the Delta Sigma Theta Sorority; the opening of new community spaces at Suffolk Public Library; the IV Nutrition Grand Opening; the New Realm Brewery and Distilling Groundbreaking; the Virginia Department of Housing and Community Development broadband survey; the Longstreet Lane Bridge Replacement Road Closure; the Suffolk Parks and Recreation Department’s Parent’s Night Out event; the TGIF Summer Concert Series and Suffolk Sweets Week. Council Member Rector reported he attended the following: the Independence Day Stars and Stripes Spectacular; the Eclipse Independence Day Parade; and the Trucking Transportation Academy Groundbreaking. Council Member Rector acknowledged the Suffolk Police Department for their assistance with a vehicle break in. Council Member Rector announced he toured the Port of Virginia. Council Member Rector called for an update on the performance of the automated traffic enforcement cameras. Council Member Williams acknowledged the Suffolk Police Department for their efforts. Council Member Williams reported he attended the City Employee Service Awards Luncheon. Council Member Williams reported a number of constituent issues in the Whayleville Borough. Council Member Fawcett opined about the City Employee Services Awards Luncheon. Council Member Fawcett announced he attended the following: the Trucking Transportation Academy Groundbreaking; the New Realm Brewery and Distillery Groundbreaking and the IV Nutrition Grand Opening. Council Member Fawcett inquired about the timeline for the installation of the red light automated traffic enforcement cameras. City Manager Moor replied that he would provide that information once it is available. Council Member Butler Barlow reported she attended the Eclipse Independence Day Parade. Council Member Butler Barlow opined about the Crittenden Eclipse Hobson Civic League’s Independence Day event. Council Member Butler Barlow acknowledged the Suffolk Police Department for their efforts. Council Member Butler Barlow extended her condolences to the family of the late Marie Hill. Council Member Bennett announced he attended the City Employee Service Awards Luncheon. 9 City Council Regular Meeting July 19, 2023 Council Member Bennett extended his condolences to the family of the late Marie Hill. Council Member Bennett opined about the installation of the Belleville Historical Marker at Temple Beth-El by the Virginia Department of Historical Resources. Council Member Bennett acknowledged the Parks and Recreation Department the Grand Opening of Cypress Pool. Council Member Bennett opined about the 2045 Comprehensive Plan update. Council Member Bennett acknowledged the Suffolk Police Department. Council Member Johnson encouraged residents to participate in National Night Out. Council Member Johnson acknowledged the Suffolk Police Department for their efforts. Council Member Johnson opined about the Route 58 Improvement Project. Council Member Johnson opined about the installation of the Belleville Historical Marker at Temple Beth-El by the Virginia Department of Historical Resources. Council Member Johnson encouraged residents to attend a community meeting about the future of Holland Park. Council Member Johnson opined about the 100th anniversary of the Suffolk Lions Club. Vice Mayor Ward announced he attend the College Square Independence Day Cookout. Vice Mayor Ward acknowledged the Suffolk Police Department for their efforts. Vice Mayor Ward opined about the installation of the Belleville Historical Marker at Temple Beth-El by the Virginia Department of Historical Resources. Vice Mayor Ward reported speeding on Old College Drive. Vice Mayor Ward reported he attended the City Employee Service Awards Luncheon. Vice Mayor Ward extended his condolences to the family of the late Marie Hill. Mayor Duman extended his condolences to the family of the late Jimmy Adams and the late Marie Hill. Mayor Duman opined about today’s Work Session. Mayor Duman announced he presented a certificate to Laurie Newsome for her 100th birthday. Mayor Duman reported he attended the following: City Employee Service Awards Luncheon; the Eclipse Independence Day Parade; the IV Nutrition Grand Opening; New Realm Brewery and Distillery Groundbreaking and a press conference at the Suffolk Police Department. 10 City Council Regular Meeting July 19, 2023 Mayor Duman opined about National Night Out. Mayor Duman opined about the automated traffic enforcement cameras. Mayor Duman acknowledged the Suffolk Police Department for their efforts. Mayor Duman acknowledged City Assessor Holt Butt for the updated City Assessor’s Office webpage. Mayor Duman opined about the 100th anniversary of the Suffolk Lions Club. Mayor Duman opined Shoulders Hill Road traffic enforcement efforts. Mayor Duman encouraged residents to participate in National Night Out. Mayor Duman opined about future Public Safety Committee meetings. Mayor Duman opined about an article in the Virginian-Pilot about population growth. Council Member Fawcett, on a motion seconded by Council Member Williams, 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 8:31 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: NOVEMBER 15, 2023 11