City Council Meeting Agendas

City Council Regular Meeting January 17, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, January 17, 2024, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett 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 Shelley Butler Barlow (excused) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Rector 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 January 17, 2024, 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, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JANUARY 17, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting January 17, 2024 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Rector, moved to approve the minutes from the October 18, 2023, and November 1, 2023, Work Sessions and Regular Meetings, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 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 City Manager Moor advised City Council that the applicant for Public Hearing Item #11 has requested that this item be continued to the April 17, 2024, City Council meeting. Mayor Duman announced Council Member Butler Barlow was excused. Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to adopt the agenda, as presented, by the following vote: AYES: Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 6 NAYS: Mayor Duman (Council Member Butler Barlow was excused.) 1 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 Port Authority for the Route 460 Improvements Project Consent Agenda Item #8 - An ordinance to accept and appropriate a V-STOP Reduction in Domestic Violence Grant from the Virginia Department of Criminal Justice Services Consent Agenda Item #9 - An ordinance to accept and appropriate additional funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program Referring to Consent Agenda Items #7 through #9, City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting January 17, 2024 Council Member Fawcett, on a motion seconded by Council Member Rector, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 0 PUBLIC HEARINGS Public Hearing – An ordinance to grant a Conditional Use Permit to amend the previously approved conditions pertaining to the establishment of a Bed and Breakfast, on property located at 231 Pinner Street, Zoning Map 34G18(A), Parcel 154, Account Number 352441000; CUP2023-021 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne supplied a summary of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance: Melody Brown, 331 Wimbledon Chase, Chesapeake, Virginia, applicant, representing Kristen and Allyn Brown, property owners. Courtney Hayes, 714 North Broad Street, representing self. Cassidy Hayes, 714 North Broad Street, representing self. Michaela Parnin, 105 Highfield Road, representing self. Dorie Stolley, 1113 Pine Valley Drive, representing self. Michael Wilshire, 1245 Westover Avenue, Norfolk, Virginia, representing self. Megan Mansfield, 1002 Island Park Circle, representing self. Kristin Hinson, 1237 River Road, representing self. Amos Riddick, 230 Pinner Street, representing self, requested that City Council continue consideration of the proposed ordinance in order to address parking concerns. Allyn Brown, no address provided, property owner, spoke in support of the proposed ordinance. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Ward called for clarification about the additional parking for the proposed café. Planning and Community Development Director Wyne said there are 25 parking spaces on site, and the applicant has a parking agreement to allow the use of a parking lot located at the intersection of North Main Street and Finney Avenue. Mr. Wyne explained that the lot provides an additional 20 parking spaces on Friday and Saturday and 10 additional parking spaces during the week. 3 City Council Regular Meeting January 17, 2024 Referring to the presentation, Vice Mayor Ward queried about an overview of the applicant’s request. Planning and Community Development Director Wyne explained that the bed and breakfast was originally approved for two guest rooms. He added that the applicant is requesting permission for an increase to five guest rooms, the addition of a café, and for the ability to book special events by the general public. Council Member Bennett inquired about the feasibility of placing a time limit on Pinner Street for non- residents. Planning and Community Development Director Wyne stated that type of restriction would require action from City Council. City Manager Moor and staff provided supplementary information regarding the requirements of an aforementioned parking program. Vice Mayor Ward asked if the property owner would be willing to address the concerns raised about parking. Mr. Brown replied that special events are limited to 60 guests. He further stated anyone who hosts a special event at the bed and breakfast is required to provide valet parking to the parking lot located at the intersection of North Main Street and Finney Avenue. Council Member Williams called for information about the property owner’s ability to display signage directing guests to the parking lot located at the intersection of North Main Street and Finney Avenue. Planning and Community Development Director Wyne advised that the property owner can erect directional signage. Council Member Williams opined about incorporating the special event parking into the proposed ordinance. Planning and Community Development Wyne advised that option was permissible. He added that the City’s right of way requirements regarding signs would apply. Council Member Rector, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman and Council Members Bennett, Fawcett, Johnson, Rector and Williams 6 NAYS: Vice Mayor Ward 1 (Council Member Butler Barlow was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO AMEND THE PREVIOUSLY APPROVED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF A BED AND BREAKFAST, ON PROPERTY LOCATED AT 231 PINNER STREET, ZONING MAP 34G18(A), PARCEL 154, ACCOUNT NUMBER 352441000; CUP2023-021 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Hosier Road, Zoning Map 45, Parcels 5, 5A, 6, 7, 7A, 7B, 7C and 7D; Account Numbers 050648000, 053280700, 051752000, 051131000, 052691000, 051843000, 051130000 and 051751000; CUP2023-018 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave a report of the background information as printed in the official agenda. 4 City Council Regular Meeting January 17, 2024 Robert Beaman, 222 Central Park Avenue, Suite 2000, Virginia Beach, Virginia, Troutman Pepper Hamilton Sanders, LLP, representing Onur Ozdemir, Switchgrass Solar, LLC, requested withdrawal of the proposed ordinance. Mayor Duman called for clarification about any action required from City Council. City Attorney Hutchings explained that the matter is closed since the applicant requested to withdraw the application. Public Hearing – An ordinance to grant a Conditional Use permit to establish an outdoor operations and storage, manufacturing/processing use for the establishment of a ready-mix concrete plant, on property located at 1273 Portsmouth Boulevard, Zoning Map 36, Parcel 15B, Account Number 053426000; CUP2023-022 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne submitted a summary of the background information as printed in the official agenda. Randy Royal, no address provided, Kimley-Horn and Associates, representing Stephen Render, TCS Materials, LLC, applicant, spoke in support of the proposed ordinance, with conditions, as presented. Sarah Beazley, no address provided, General Manager of Capital Concrete, representing Vulcan Lands, Incorporated, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Bennett queried about the anticipated number of truck trips generated by the concrete plant. Planning and Community Development Director Wyne reported the applicant has estimated an additional 34 trucks would be on the road daily. Council Member Bennett opined about the plan to manage the impact of the additional trucks from the concrete plant on Nansemond Parkway and Wilroy Road. Public Works Director Robert Lewis advised his concerns are more of an operational issue. He added that the Traffic Impact Analysis did not report any adverse impact. Council Member Fawcett, 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, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN OUTDOOR OPERATIONS AND STORAGE, MANUFACTURING/PROCESSING USE FOR THE ESTABLISHMENT OF A READY-MIX CONCRETE PLANT, ON PROPERTY LOCATED AT 1273 PORTSMOUTH BOULEVARD, ZONING MAP 36, PARCEL 15B, ACCOUNT NUMBER 053426000; CUP2023-022 5 City Council Regular Meeting January 17, 2024 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 5, Subdivision, Section 31-505, Authority, Section 31-506, Classification of Applications and General Procedural Requirements, Section 31-514, Family Transfers and Appendix A, Definitions; OTA2023-009 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered an overview 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 Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 5, SUBDIVISION, SECTION 31-505, AUTHORITY, SECTION 31-506, CLASSIFICATION OF APPLICATIONS AND GENERAL PROCEDURAL REQUIREMENTS, SECTION 31-514, FAMILY TRANSFERS AND APPENDIX A, DEFINITIONS; OTA2023-009 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT - Speed Enforcement Cameras Update Utilizing a PowerPoint presentation, Interim Police Chief James Buie and Public Works Director Robert Lewis gave a report about the above referenced topic. Council Member Fawcett sought information about the timeline for the completion of the school zone flashing light upgrades. Public Works Director Lewis said that the oldest lights will be replaced first when the new equipment arrives. He added staff is unaware when equipment will be delivered, but hoped it would arrive within the next two months. Vice Mayor Ward asked if drivers could speed when the speed enforcement cameras in school zones are not operational. Public Works Director Roberts stated that drivers should always comply with the posted speed limit. Council Member Bennett opined about the potential impacts on the judicial system as a result of the citations from the speed enforcement cameras. Interim Police Chief Buie reported that the citations from the speed enforcement cameras have no discernible impact on the judicial system to date. 6 City Council Regular Meeting January 17, 2024 Council Member Rector queried about the ability to rotate the use of the school bus cameras. Public Works Director Lewis stated that he was not aware whether the school bus cameras are rotated. Council Member Rector inquired about the feasibility of rotating the school bus cameras depending on need. Public Works Director Lewis replied the affirmative. Council Member Rector called for clarification about the ability of the red light photo enforcement cameras to function at night. Public Works Director Lewis reported that the red light photo enforcement cameras are infrared, therefore, they function at night. Council Member Rector solicited information about the use of the school zone cameras when the hours of operation of schools are altered. Public Works Director Lewis said that if schools have a change in their hours of operations, then the school zone cameras will not be used. MOTIONS Motion – A motion to schedule a public hearing to be held on February 7, 2024, to receive public comment on a Second Amendment to the Whaleyville Communications Tower lease with Cellco Partnership d/b/a/ Verizon Wireless Council Member Williams, on a motion seconded by Council Member Fawcett, moved to schedule a public hearing to be held on February 7, 2024, to receive public comment on a Second Amendment to the Whaleyville Communications Tower lease with Cellco Partnership d/b/a/ Verizon Wireless, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 0 Motion – A motion to schedule a City Council Work Session for Wednesday, February 7, 2024, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a City Council Work Session, for Wednesday, February 7, 2024, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 0 NON-AGENDA SPEAKERS William Goodman, 511 Reid Court, representing self, opined about traffic concerns on Wellons Street and South Saratoga Street. Philip Burns, 2210 East Washington Street, representing self, expressed concerns about the Suffolk Police Department. 7 City Council Regular Meeting January 17, 2024 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: Walker’s Market Grand Opening; Solenis’ investment in the City; the Bon Secours Care-A-Van schedule; Suffolk Public Library’s BARKS Reading Program; the Suffolk Winter Farmers’ Market and Suffolk Parks and Recreation Department’s Cooking Classes. NEW BUSINESS Council Member Rector, on a motion seconded by Council Member Fawcett, moved that the Planning Commission consider an amendment to the Unified Development Ordinance to provide a process remedying notices of violation for not having a Conditional Use Permit that allows the use to continue if the Building Official and Fire Marshall certify that the continued use will not harm public health and safety and the property owner applies for a Conditional Use Permit within 30 days of the notice and receives approval within 150 days of the application, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 0 ANNOUNCEMENTS AND COMMENTS Council Member Rector announced he attended the following; Walker’s Market Grand Opening; the change of command ceremony for Joint Force Command Norfolk, Commander, United States Second Fleet, and Combined Joint Operations from the Sea Centre of Excellence; and the Citywide Martin Luther King, Jr. Day Celebration. Council Member Rector congratulated Fire and Rescue Chief Michael Barakey on his appointment to the State’s Public Safety and Homeland Security, E911 Services Board. Council Member Rector acknowledged Solenis’ investment in the City. Council Member Williams expressed his condolences to Vice Mayor Ward on the loss of his brother. Council Member Williams opined about Mr. Goodman’s comments. Council Member Fawcett announced he attended the change of command ceremony for Joint Force Command Norfolk, Commander, United States Second Fleet, and Combined Joint Operations from the Sea Centre of Excellence. Council Member Fawcett congratulated Fire and Rescue Chief Michael Barakey on his appointment to the State’s Public Safety and Homeland Security, E911 Services Board. Council Member Fawcett expressed his condolences to Vice Mayor Ward on the loss of his brother. Council Member Fawcett expressed his condolences to former Delegate S. Chris Jones on the loss of his wife. Council Member Bennett opined about the Staff Report about Speed Enforcement Cameras Update. 8 City Council Regular Meeting January 17, 2024 Council Member Bennett congratulated Fire and Rescue Chief Michael Barakeyon his appointment to the State’s Public Safety and Homeland Security, E911 Services Board. Council Member Bennett announced he attended the Walker’s Market Grand Opening. Council Member Bennett expressed his condolences to former Delegate S. Chris Jones on the loss of his wife. Council Member Bennett expressed his condolences to Vice Mayor Ward on the loss of his brother. Council Member Johnson congratulated Fire and Rescue Chief Michael Barakey on his appointment to the State’s Public Safety and Homeland Security, E911 Services Board. Council Member Johnson expressed his condolences to former Delegate S. Chris Jones on the loss of his wife. Vice Mayor Ward extended appreciation for condolences on the loss of his brother Vice Mayor Ward expressed his condolences to former Delegate S. Chris Jones on the loss of his wife. Vice Mayor Ward congratulated Fire and Rescue Chief Michael Barakey on his appointment to the State’s Public Safety and Homeland Security, E911 Services Board. Mayor Duman congratulated Fire and Rescue Chief Michael Barakey on his appointment to the State’s Public Safety and Homeland Security, E911 Services Board. Mayor Duman expressed his condolences to former Delegate S. Chris Jones on the loss of his wife. Mayor expressed his condolences to Vice Mayor Ward on the loss of his brother. Mayor Duman announced he attended the Hampton Roads Mayors and CAOs Violence Prevention Roundtable. Mayor Duman reported he went to the Walker’s Market Grand Opening and the Citywide Martin Luther King, Jr. Day Celebration. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Fawcett, Johnson, Rector and Williams 7 NAYS: None (Council Member Butler Barlow was excused.) 0 9 City Council Regular Meeting January 17, 2024 There being no further business to come before City Council, the regular meeting was adjourned at 9:03 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: MARCH 20, 2024 10