City Council Meeting Agendas

City Council Regular Meeting September 20, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 20, 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 September 20, 2023, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Williams, on a motion seconded by Council Member Rector, 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 SEPTEMBER 20, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 20, 2023 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to approve the minutes from the April 5, 2023, Work Session and Regular Meeting and the April 6 – 7, 2023, Special 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 - 45th Annual Suffolk Peanut Fest, October 5-8, 2023 Utilizing a PowerPoint presentation, Tourism Development Manager Theresa Earles supplied an update on the above referenced item. Thomas Andrews, Chair, Suffolk Festivals Executive Committee offered supplementary information. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Fawcett on a motion seconded by Council Member Johnson, 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 in support of the Suffolk Sheriff’s Department Community Outreach Program Consent Agenda Item #8 - An ordinance to accept and appropriate additional funds from the Federal Transit Administration for the City’s public transit service Consent Agenda Item #9 - An ordinance to accept and appropriate private contribution funds for the Manning Bridge Road Project to install two commercial driveway aprons along the road frontage on Manning Bridge Road 2 City Council Regular Meeting September 20, 2023 Consent Agenda Item #10 - An ordinance to accept and appropriate a Military and First Responders Grant from CSX Transportation for the Suffolk Sheriff’s Department Consent Agenda Item #11 - An ordinance to accept and appropriate a 2023 Port Security Grant from the United States Department of Homeland Security for the Suffolk Police Department Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department Referring to Consent Agenda Items #7 through #12, 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 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 an Amusement/entertainment/recreation center, indoor, on property located at 1238 Holland Road, Suites 104 and 105, Zoning Map 34D, Parcels A*2 and A*3, Account Numbers 153803600 and 153803500; CUP2023-016 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne gave a summary of the background information as printed in the official agenda. Antonio Hopkins, 317 Ashwood Drive, representing Meghan Hopkins, Holland Plaza Associates, L.P., property owners, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, a motion seconded by Council Member Fawcett, moved to approved 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 AMUSEMENT/ENTERTAINMENT/RECREATION CENTER, INDOOR, ON PROPERTY LOCATED AT 1238 HOLLAND ROAD, SUITES 104 AND 105, ZONING MAP 34D, PARCELS A*2 AND A*3, ACCOUNT NUMBERS 153803600 AND 153803500; CUP2023-016 3 City Council Regular Meeting September 20, 2023 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007 Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes and Planning and Community Development Director Wyne offered a synopsis of the background information as printed in the official agenda. Denise Murden, 4041 Kingstone Parkway, representing Citizens Voice, opined about the proposed ordinance. Donald Goldberg, 408 West Riverview Drive, called for a 30 day continued of the proposed ordinance. Whit Hill, 2293 Trant Lake Drive, Virginia Beach, Virginia, representing the Miller Group, spoke in support of the proposed ordinance. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Bennett called for clarification about the legality of the request to leave the public hearing open to consider a continuance of the proposed ordinance. City Attorney Hutchings explained that in order to consider a continuance of the proposed ordinance, a new public hearing would be required. Council Member Williams, on a motion seconded by Council Member Fawcett, moved to continue consideration of the proposed ordinance to the November 15, 2023, City Council meeting. Members of City Council opined about the proposed motion. Referring to the motion, Mayor Duman opined about the additional public hearing. City Attorney Hutchings stated that the proposed motion would is only to table the item until the November 15, 2023, City Council meeting. Mayor Duman commented on the need to amend the motion to add a public hearing. City Attorney Hutchings said that if a public hearing was added to the motion, then the public hearing would need to be on the current ordinance under discussion. He concluded that a public hearing could be held on either the proposed ordinance as presented this evening or an amended version of the proposed ordinance, if City Council makes specific changes. City Attorney Hutchings reiterated that staff would need enough time to meet advertising requirements for any version of the proposed ordinance. Council Member Williams, on a motion seconded by Council Member Fawcett, moved to continue consideration of the proposed ordinance to the November 15, 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 4 City Council Regular Meeting September 20, 2023 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Draft 2024 Legislative Agenda Utilizing a PowerPoint presentation, Mindy Carlin, Emily Reynolds and Cassidy Taylor, Access Point, the City’s legislative consultants, furnished review of the information as printed on the distributed handout. Referring to the presentation, Council Member Butler Barlow offered the addition of the following language to the proposed Legislative Agenda: “We support state funding and promotion of local option farmland preservation programs which allows compensation to owners of such land, and guides growth to urbanizing areas, such as state and/or localities purchasing development rights, transferring development rights, leasing development rights, holding or co-holding perpetual conservation easements, tax credits, or other concepts. We support a requirement to avoid prime farmland when locating utility scale solar facilities as well as a statewide limit on the number of prime farmland acres that can be converted to solar collection sites. If these facilities are located on prime farmland, the solar developer should be mandated to return the land to productive farmland at the end of the project’s life cycle. We support continued and increased funding for the State’s Forest Sustainability Fund for Local Governments to help encourage maintaining forested land.” Members of City Council opined about the proposed Legislative Agenda. Staff Report – Significant Land Use Applications Utilizing a PowerPoint presentation, Deputy City Manager Hughes and Planning and Community Development Director Wyne gave a summation of the background information as printed on the official agenda. MOTIONS Motion - A motion to schedule a Public Hearing on the Draft 2024 Legislative Agenda for Wednesday, October 4, 2023, City Council Meeting Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to schedule a Public Hearing on the Draft 2024 Legislative Agenda for Wednesday, October 4, 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 September 20, 2023 Motion - A motion to schedule a City Council Work Session for Wednesday, October 4, 2023, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, October 4, 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 Rein, 119 Suffolk Meadows Boulevard, representing Citizens Voice, invited City Council to attend a Citizens Voice event. Dr. Anita Lewis, Post Office Box 1566, representing Nansemond Suffolk Chapter NAACP and the Suffolk Interdenominational Ministerial Alliance, expressed concern about the timeline of the recent retirement of former Police Chief Alfred Chandler. NEW BUSINESS City Clerk Dawley presented the following nomination for appointment: Parks and Recreation Advisory Board – Mark Plenty, Jr. Vice Mayor Ward, on a motion seconded by Council Member Williams, moved to nominate and appoint the aforementioned individual to the respective body, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the receipt of a federal grant by the Suffolk Fire and Rescue Department; the receipt of the Best New Facility Award by the Suffolk Parks and Recreation Department; the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine; the location of an Automatic Coating Limited site in Suffolk; the opening of application registration for the City’s holiday parade; the completion of a new mural in the downtown area; the Nansemond River Cleanup event; the 45th Suffolk Peanut Festival; the Suffolk Opioid Abatement Authority Town Hall and traffic changes for Route 58/Holland Road Corridor Improvement Project. Council Member Butler Barlow acknowledged former Police Chief Alfred Chandler for his service to the City. 6 City Council Regular Meeting September 20, 2023 Council Member Butler Barlow opined about the upcoming season at the Suffolk Center for Cultural Arts. Council Member Butler Barlow encouraged residents to attend Suffolk Peanut Fest. Council Member Butler Barlow opined about farm vehicle safety. Council Member Bennett congratulated the following individuals and groups on their respective achievements: Richard Brown on his retirement from the City; the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine; Mac and Sandra Birdsong on their receipt of the First Citizen Award; and former Police Chief Alfred Chandler on his retirement. Council Member Bennett opined about potential traffic issues at the Royal Farms on Portsmouth Boulevard. Council Member Johnson opined about the new traffic pattern on Route 58. Council Member Johnson announced the 100th anniversary of the Suffolk Lions Club. Council Member Johnson acknowledged former Police Chief Alfred Chandler for his service to the City. Council Member Rector opined about the proposed ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007. Council Member Rector reported on the Suffolk Sisters Commission’s trip to Oderzo, Italy. Council Member Rector announced he attended the Environmental Protection Agency Excellence Award event. Council Member Rector acknowledged former Police Chief Alfred Chandler for his service to the City. Council Member Williams acknowledged former Police Chief Alfred Chandler for his service to the City. Council Member Williams extended his condolences to the family of the late Elsie Milteer. Council Member Williams reported various constituent concerns he received at the Hollywood Jericho Civic League meeting. Council Member Fawcett opined about the proposed ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007. Council Member Fawcett announced he attend the groundbreaking for Fire Station #11. Council Member Fawcett opined about the receipt of a grant by the Suffolk Fire and Rescue Department. 7 City Council Regular Meeting September 20, 2023 Council Member Fawcett opined about the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine. Council Member Fawcett opined about the presentation by the Office of the City Assessor at today’s Work Session. Council Member Fawcett encouraged residents to attend Peanut Fest. Council Member Fawcett acknowledged former Police Chief Alfred Chandler for his service to the City. Vice Mayor Ward acknowledged Ms. Lewis, who was in attendance. Vice Mayor Ward acknowledged former Police Chief Alfred Chandler for his service to the City. Vice Mayor Ward announced he attended the Whaleyville Civic League Meeting. Vice Mayor Ward opined about the Suffolk Fire and Rescue Department. Vice Mayor Ward acknowledged the receipt of the Best New Facility Award by the Suffolk Parks and Recreation Department and the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine. Vice Mayor Ward opined about an event at New Hope Baptist Church in Pughsville. Mayor Duman reported he attended the Taste of Suffolk. Mayor Duman opined about the recent conference calls with the bond rating agencies. Mayor Duman announced he attended the Suffolk Christian Fellowship Fundraiser and Celebration event. Mayor Duman acknowledged former Police Chief Alfred Chandler for his service to the City. Mayor Duman acknowledged the receipt of the Best New Facility Award by the Suffolk Parks and Recreation Department and the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine. Mayor Duman opined about the presentation by the Office of the City Assessor at today’s Work Session. Mayor Duman opined about the proposed ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007. Mayor Duman encouraged residents to attend the Shrimp Feast. 8 City Council Regular Meeting September 20, 2023 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 9:23 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: DECEMBER 20, 2023 9