City Council Meeting Agendas

City Council Regular Meeting August 16, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 16, 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 August 16, 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, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF AUGUST 16, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting August 16, 2023 APPROVAL OF THE MINUTES Council Member Rector, on a motion seconded by Council Member Williams, moved to approve the minutes from the February 15, 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 - Fall Events Update Utilizing a PowerPoint presentation, Tourism Development Manager Theresa Earles supplied an update on the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Johnson, 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 accept and appropriate funds from the Virginia Department of Transportation for the Public Works Relocation of Zone C Headquarters project Consent Agenda Item #8 - An ordinance to accept and appropriate Fiscal Year 2023-2024 Community Development Block Grant and Home Investment Partnership Program funding from the United States Department of Housing and Urban Development Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Outdoors Foundation for land acquisition for the future Hobson Park Project 2 City Council Regular Meeting August 16, 2023 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 Fawcett, 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 authorizing the execution of a lease agreement for Box Hangar #7 at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Economic Development Director Nicolas Langford supplied a summary of the background information as printed in the official agenda. John Babineau, 150 Boush Street, Suite 601, Norfolk, Virginia, representing Skydive Suffolk, spoke in support of the ordinance. 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, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR BOX HANGAR #7 AT THE SUFFOLK EXECUTIVE AIRPORT Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RE, Rural Estate zoning district, to RM, Residential Medium Density zoning district (Conditional), for property located at Zoning Map 33, Parcels 48, 48A, 49, and Zoning Map 34, Parcel 26, Account Numbers 251421000, 251419600, 251419400, and 250732000; RZN2021-018 (Conditional) (This item was continued from the April 19, 2023, City Council meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne gave a report of the background information as printed in the official agenda. Public Works Director Robert Lewis supplied supplementary information. 3 City Council Regular Meeting August 16, 2023 Council Member Bennett, on a motion seconded by Council Member Johnson, moved to suspend City Council’s Rules of Order and Procedure to extend the public hearing from 30 minutes to 60 minutes, 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 The following individuals spoke in support of the proposed ordinance, as presented: Grady Palmer, Williams Mullen, P.C., 999 Waterside Drive, Norfolk, Virginia, representing Matt Howard, Coastal Virginia Partners, LLC, applicant. Jeremy Caleb Johnson, 638 Independence Parkway, Chesapeake, Virginia, representing the Hampton Roads Relators Association. Lakita Frazier, 327 York Street, representing Smart Growth Suffolk, Incorporated. Kenneth Jenkins, 2501 Mullen Road, Chesapeake, Virginia, representing self. Ben Fitzgerald, 5132 Nansemond Parkway, representing self. The following individuals spoke in opposition to the proposed ordinance, as presented: Julie Metheny, 540 Lake Kilby Road, representing self. Diane Goodson, 1121 Lake Meade Drive, representing self. Christopher Dove, 852 Colonel Meade Drive, representing self. Bryan Harris, 2455 Lake Cohoon Road, representing self. Sydney French, 2501 Lake Cohoon Road, representing self. Stephanie Wooldridge, 4580 Desert Road, representing self. Victoria Robinson, 102 Winterview Drive, representing self. Tim Dowdy, no full address provided, representing self. John Schmeckenbecher, 630 Manning Road, representing self. The following individuals spoke in support of the proposed ordinance, as presented: Grady Palmer, Williams Mullens, P.C., 999 Waterside Drive, Norfolk, Virginia, representing Matt Howard, Coastal Virginia Partners, LLC, applicant. Charles Smith, no address provided, representing Matt Howard, Coastal Virginia Partners, LLC, applicant. 4 City Council Regular Meeting August 16, 2023 LaTroy Brinkley, 113 West Washington Street, representing self. Ben Fitzgerald, 5132 Nansemond Parkway, representing self. Elizabeth Self, 1319 Manning Road, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett opined about the validity of the traffic impact study as it relates to the proposed ordinance. Public Works Director Robert Lewis reported that the traffic impact study has been prepared in accordance with all requirements. Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to approve the ordinance, with conditions, as presented. Members of City Council opined about the proposed ordinance, as presented. Council Member Rector called for clarification about the City’s ownership of the right of way in order to widen the road, as it relates to the proposed ordinance. Public Works Director Lewis said that the City does not have ownership of the right of way, as it relates to the proposed ordinance. Council Member Rector asked about the timeline to obtain the right of way in order to widen the road, as it related to the proposed ordinance. Public Works Director Lewis estimated that it would take approximately two years to obtain the right of way to widen the road. 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: Vice Mayor Ward and Council Members Bennett, Fawcett, Rector and Williams 5 NAYS: Mayor Duman and Council Members Butler Barlow and Johnson 3 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM RE, RURAL ESTATE ZONING DISTRICT, TO RM, RESIDENTIAL MEDIUM DENSITY ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT ZONING MAP 33, PARCELS 48, 48A, 49, AND ZONING MAP 34, PARCEL 26, ACCOUNT NUMBERS 251421000, 251419600, 251419400, AND 250732000; RZN2021-018 (CONDITIONAL) Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations; OTA2023-006 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne supplied a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 5 City Council Regular Meeting August 16, 2023 Council Member Johnson, on a motion seconded by Council Member Bennett, 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 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-714, SIGN REGULATIONS; OTA2023-006 Public Hearing - Consideration of an appeal of the decision of the Historic Landmarks Commission in regard to request for an after-the-fact Certificate of Appropriateness, HLC2023-00010, for property located at 111 Linden Avenue, Zoning Map 34G16, Block A, Parcel 18 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a synopsis of the background information as printed in the official agenda. Bellamy Eure, 424 Market Street, Suite 200, representing Eure Properties, spoke in support of the requested appeal. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett asked if the replacement railings are in violation of the City’s historical district regulations. Planning and Community Development Wyne replied in the affirmative. Referring to the presentation, Council Member Fawcett sought clarification about the type of railing that would be compliant with the City’s historical district regulations. Planning and Community Development Director Wyne explained that the lower, older porch railing would not meet the current building codes but would be adequate enough to be safe. He added that the Historical Landmarks Commission advised that the lower railing need to match the upstairs railing. Referring to the presentation, Council Member Johnson solicited an explanation of the steps that would make the property owner compliant with the City’s historical district regulations. Council Member Johnson stated that the Historical Landmarks Commission is asking the property owner to replace the lower railing to match the upstairs railing. Council Member Johnson opined about the methodology used by the contractor as it relates to the replacement railing. Ms. Eure speculated that the contractor selected the replacement railing due to their low cost. Council Member Fawcett, on a motion seconded by Council Member Rector, moved to affirm the decision of 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 6 City Council Regular Meeting August 16, 2023 Public Hearings – An ordinance amending the Historic District Guidelines of the City of Suffolk (This item was continued from the July 19, 2023, City Council meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne supplied a summation of the background information as printed in the official agenda. He also submitted information about the background information as printed in the official agenda about the next proposed item: an ordinance to Amend Chapter 31, Unified Development Ordinance, 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; OTA2023-004. 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. Referring to the presentation, Council Member Rector queried about similarity in paint colors and shades among the various brands, as it relates to the proposed ordinance. Planning and Community Development Director Wyne replied in the affirmative. Referring to the presentation, Council Member Rector asked whether the proposed paint colors are required. Planning and Community Development Director Wynn answered in the affirmative. Council Member Bennett opined about administrative approval of materials for use in the historical district. Planning and Community Development Wyne said there are specific guidelines about material for use in the historical district. He added that there have been advancements in the types of those materials, and staff is more concerned with more matching design rather than matching materials and design. 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 AMENDING THE HISTORIC DISTRICT GUIDELINES OF THE CITY OF SUFFOLK Public Hearing - An Ordinance to Amend Chapter 31, Unified Development Ordinance, 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; OTA2023-004 Planning and Community Development Director Wyne offered a review of the background information as printed in the official agenda under the staff report for the previous item. 7 City Council Regular Meeting August 16, 2023 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 AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE, 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; OTA2023-004 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 (This item was continued from the July 19, 2023, City Council meeting.) City Manager Moor summarized the staff reports of the previous two public hearings. Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to approve the ordinance, 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 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 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. 8 City Council Regular Meeting August 16, 2023 MOTIONS Motion - A motion to schedule a public hearing for the September 6, 2023, City Council meeting regarding authorizing the issuance and sale of Stormwater Revenue Bonds Council Member Rector, on a motion seconded by Council Member Bennett, moved to schedule a public hearing for the September 6, 2023, City Council meeting regarding authorizing the issuance and sale of Stormwater Revenue Bonds, 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 the September 6, 2023, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2023 Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to schedule a public hearing for the September 6, 2023, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2023, 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, September 6, 2023, at 4:00 p.m., unless cancelled Vice Mayor Ward, on a motion seconded by Council Member Williams, 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 Stacy Falls, 6077 Camellia Drive, Unit B, was not present when called. NEW BUSINESS City Clerk Dawley presented the following nominations for appointment: Suffolk Clean Community Commission – Susan P. Davis, Alexandra Hobgood, Pamela Kearns and W. Michael Lane and Suffolk Sister Cities Commission – Maryanne Persons. 9 City Council Regular Meeting August 16, 2023 Council Member Fawcett, on a motion seconded by Council Member Williams, 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 moved to direct the City Manager to bring back a report regarding a request from Suffolk Public Schools for $2,000,000 for sinkhole repairs. The motion failed to receive a second. Mayor Duman opined about the feasibility of Dr. James Gordon, Superintendent, Suffolk Public Schools, presenting the aforementioned request. City Manager Moor advised that Dr. Gordon supplied documentation about the funding request and offered to bring additional information on the matter. Council Member Bennett, on a motion seconded by Council Member Williams, moved to direct the City Manager to confer with the Superintendent of Suffolk Public Schools to clarify the request for additional funds, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the Suffolk Active Shooter Training; the report of West Nile Virus and Eastern Equine Encephalitis in mosquitos in certain sections of Suffolk; the Suffolk Art League’s Annual Juried Exhibition; the Conversations with the Commonwealth’s Attorney series; the closure of Manning Road from Route 58 to Wilkins Drive; the applications for Taste of Suffolk vendors; and information about the Suffolk Parks and Recreation Department’s Youth Winter Leagues. Council Member Rector opined about National Night Out. Council Member Rector reported he attended the Virginia Municipal League Finance Committee meeting. Council Member Rector announced he went to the opening of Westside Burgers. Council Member Rector acknowledged the Parks and Recreation Department’s removal of graffiti at the playground on Maryland Avenue. Council Member Rector reported he attended the Senior Citizens Police Academy Graduation. Council Member Rector opined about the traffic enforcement cameras. Council Member Williams acknowledged those in attendance at tonight’s meeting. Council Member Fawcett announced he attended National Night Out. 10 City Council Regular Meeting August 16, 2023 Council Member Butler Barlow encouraged residents to attend the upcoming Nansemond Indian Nation Pow Wow and the Bethlehem Ruritan Club. Council Member Butler Barlow opined about the economic impact of agriculture. Council Member Bennett reported that the traffic enforcement camera sign is missing at Florence Bowser Elementary School. Council Member Bennett opined about the size of the traffic enforcement camera signs. Council Member Johnson opined about the signage for the traffic enforcement cameras. Vice Mayor Ward announced he attended the Sharon Missionary Scholarship Banquet. Mayor Duman reported he attended a Lake Taylor High School basketball game. Council Member Johnson, on a motion seconded by Vice Mayor Ward, 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 10:33 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: DECEMBER 6, 2023 11