City Council Meeting Agendas

City Council Regular Meeting March 20, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 20, 2024, 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 March 20, 2024, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Butler Barlow, 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 MARCH 20, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 20, 2024 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Rector, moved to approve the minutes from the January 17, 2024, 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 There were no items under this portion of the agenda. 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 - A resolution requesting the Virginia Department of Transportation to make certain additions and deletions to the Urban Highway System Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Library of Virginia Circuit Court Records Preservation Program for the Clerk of the Circuit Court Consent Agenda Item #9 - An ordinance to accept and appropriate program income resulting from the repayment of certain loans associated with the City of Suffolk HOME Rehabilitation Program Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Virginia Department of Transportation for the extension of the Suffolk Seaboard Coastline Trail Phase IIIA Consent Agenda Item #11 - A resolution authorizing the City of Suffolk’s participation in the Commonwealth of Virginia Transportation Partnership Opportunity Fund (TPOF) program for the Route 460 Road Improvement Project 2 City Council Regular Meeting March 20, 2024 Consent Agenda Item #12 - A resolution to accept a donation of personal property for the Suffolk Public Library from the Friends of the Library 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 Williams, on a motion seconded by Council Member Fawcett, 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 a Public assembly not otherwise enumerated use, on property located at 456 Barnes Road, Zoning Map 39, Parcel 43, Account Number 153562000, CUP2023-011 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne provided a summary of the background information as printed in the official agenda. Brian Layne, 1500 Harbourview Boulevard, Parrish-Layne Design Group, agent, representing Ronald D. Jordan, applicant and property owner, 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 Council Member Johnson, moved to approve the ordinance, with conditions, 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 PUBLIC ASSEMBLY NOT OTHERWISE ENUMERATED USE, ON PROPERTY LOCATED AT 456 BARNES ROAD, ZONING MAP 39, PARCEL 43, ACCOUNT NUMBER 153562000, CUP2023-011 Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions for property located at 6500 College Drive, Zoning Map 6, Parcel 35, Account Number 306001034; RZN2024-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave a report of the background information as printed in the official agenda. 3 City Council Regular Meeting March 20, 2024 Deputy City Manager Kevin Hughes, no address provided, Deputy Secretary/Treasurer, Economic Development Authority, spoke in support of the proposed ordinance, as presented Jay Bernas, General Manager, Hampton Roads Sanitation District, 1434 Air Rail Avenue, Virginia Beach, Virginia, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Ward, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS FOR PROPERTY LOCATED AT 6500 COLLEGE DRIVE, ZONING MAP 6, PARCEL 35, ACCOUNT NUMBER 306001034; RZN2024-001 Public Hearing - An ordinance to grant a variance to the lot layout standards of Section 31-605 of the Unified Development Ordinance in order to grant relief from the adequate frontage requirement, on property located at 6500 College Drive; Zoning Map 6, Parcel 35; Account Number 306001034; SBV2023-002 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne submitted a summary of the background information as printed in the official agenda. Jay Bernas, General Manager, Hampton Roads Sanitation District, 1434 Air Rail Avenue, Virginia Beach, Virginia, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Ward, on a motion seconded by Council Member Fawcett, 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 GRANT A VARIANCE TO THE LOT LAYOUT STANDARDS OF SECTION 31-605 OF THE UNIFIED DEVELOPMENT ORDINANCE IN ORDER TO GRANT RELIEF FROM THE ADEQUATE FRONTAGE REQUIREMENT, ON PROPERTY LOCATED AT 6500 COLLEGE DRIVE; ZONING MAP 6, PARCEL 35; ACCOUNT NUMBER 306001034; SBV2023-002 Public Hearing - An ordinance authorizing the City Manager to enter into a Memorandum of Understanding with the Nansemond Indian Nation for the transfer of a portion of Tax Map Parcel Number 10*46 and to execute certain related documents 4 City Council Regular Meeting March 20, 2024 Utilizing a PowerPoint presentation, Deputy City Manager Hughes offered a synopsis of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, as presented: Nikki Bass, 2705 Country Club Drive, representing the Nansemond Indian Tribal Nation. Emily Purcell, 100 Reynolds Drive, Summerville, South Carolina, Director of Conservation, South Atlantic Division, Ducks Unlimited. Christy Everett, 7469 Gleneagles Road, Norfolk, Virginia, Hampton Roads Director, Chesapeake Bay Foundation. Dr. Wendy Stout, 15105 Blayton Lane, Lanexa, Virginia, representing Virginia Tech Coastal Collaborator Center. Beth Cross, 1000 Westmore Avenue, Portsmouth, Virginia, representing Nansemond River Preservation Alliance. Cameron Bruce, 801 Craig Drive, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Rector called for an explanation about the meaning of a conversation easement under Ducks Unlimited. Ms. Purcell stated that her organization holds over 250,000 acres of property in conservation that prevents development. She added that her organization is allowing a small education component by the Nansemond Indian Tribal Association. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance to the May 15, 2024, 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 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 – Northern Suffolk Absentee Voting Site Update 5 City Council Regular Meeting March 20, 2024 Utilizing a PowerPoint presentation, Deputy City Manager Azeez Felder gave a report of the above referenced item. Council Member Fawcett inquired about the report from the Electoral Board regarding the establishment of a Northern Suffolk Absentee Voting Site. City Attorney Hutchings stated that based on the report, the site appears to meet the minimum requirements from a legal standpoint. He added that he cannot speak to the feasibility of the site from an operations standpoint. Council Member Fawcett moved to instruct the City Manager to have the Registrar’s Office to establish the Northern Suffolk Absentee Voting Site. City Attorney Hutchings explained the motion on the floor is not the proper motion to address this matter. He added that in order to establish such a site, an ordinance and a public hearing would be required, and then City Council would need to vote on the ordinance. Therefore, the motion would need to direct the City Manager to prepare an ordinance to establish the Northern Suffolk Absentee Voting Site for a public hearing at the May 1, 2024, City Council meeting. Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to direct the City Manager to prepare an ordinance to establish the Northern Suffolk Absentee Voting Site and to schedule a public hearing regarding the ordinance at the May 1, 2024, City Council meeting. Vice Mayor Ward queried about the time frame for the start and end of early voting. James Oakes, Chair, Electoral Board. Mr. Oakes said that early voting starts on September 20th and ends on November 2nd. Vice Mayor Ward inquired about the availability of equipment for the proposed Northern Suffolk Absentee Voting Site. Mr. Oakes explained that in order to establish the proposed Northern Suffolk Absentee Voting Site, additional equipment would be required to address the needs for early voting. Vice Mayor Ward opined about the feasibility of establishing the proposed Northern Suffolk Absentee Voting Site. Mr. Oakes reported that should City Council approve the establishment of the proposed site, it would be difficult to achieve. Council Member Johnson called for information about the timeline to establish early voting sites citywide. Mr. Oakes estimated that it would take 180 days. Council Member Bennett opined about the availability of election workers. Mr. Oakes advised that there have been some precincts that were understaffed during the last election. Council Member Butler Barlow sought clarification about the potential future requirements to offer early voting sites. Mr. Oakes indicated there is a bill under consideration in the General Assembly that would require localities to offer one early voting site per 50,000 residents. City Attorney Hutchings added that there are a number of bills under consideration in the General Assembly regarding early voting sites. He further stated that the only bill that has passed requires Department of Elections to put a plan together for localities to consider when deciding on additional polling places and no other bills that make requirements for additional polling places have passed. 6 City Council Regular Meeting March 20, 2024 Referring to the motion, Council Member Rector asked about the purpose of the proposed motion. City Attorney Hutchings reiterated that in order the establish the Northern Suffolk Absentee Voting Site, City Council would be required to approve the proposed motion to direct the City Manager to prepare an ordinance to establish the Northern Suffolk Absentee Voting Site and to schedule a public hearing regarding the ordinance at the May 1, 2024, City Council meeting. Council Member Rector called for information about the feasibility of moving the proposed Northern Suffolk Absentee Voting site from the North Suffolk Library to the new fire station in that area once construction is completed. Mr. Oakes said that City Council would need to approve an ordinance and then submit it to the Virginia Board of Elections for approval to make that adjustment. Referring to the proposed motion, Mayor Duman asked about the purpose of the proposed motion. City Attorney Hutchings reiterated that in order the establish the Northern Suffolk Absentee Voting Site, City Council would be required to approve the proposed motion to direct the City Manager to prepare an ordinance to establish the Northern Suffolk Absentee Voting Site and to schedule a public hearing regarding the ordinance at the May 1, 2024, City Council meeting. Referring to the proposed motion, Council Member Williams queried about the authority of the Electoral Board, as it relates to the establishment of voting precincts. City Attorney Hutchings explained that the City Code states that City Council establishes voting precincts. Council Member Rector asked about the impact on the proposed Northern Suffolk Absentee Voting Site, should the Virginia Board of Elections fail to approve the City’s change. City Attorney Hutchings reported that the offered scenario was unlikely as the location is already a polling place. Council Member Rector sought clarification of the ownership requirements for a polling place. City Attorney Hutchings replied that a building must either be owned or leased by the City in order to serve as a polling place. Referring to the proposed motion, Mayor Duman requested additional information about the inclusion of a specific address in the ordinance for the proposed Northern Suffolk Absentee Voting Site. City Attorney Hutchings indicated that the ordinance must include a specific physical location for the proposed site. Referring to the proposed motion, Mayor Duman opined about the feasibility of approving the ordinance for the establishment of the proposed Northern Suffolk Absentee Voting site, without including a specific physical location and selecting a physical location at a later date. City Attorney Hutchings stated that scenario is not feasible. Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to direct the City Manager to prepare an ordinance to establish the Northern Suffolk Absentee Voting Site and to schedule a public hearing regarding the ordinance at the May 1, 2024, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Fawcett, and Rector 4 NAYS: Council Members Bennett, Butler Barlow, Johnson and Williams 4 7 City Council Regular Meeting March 20, 2024 MOTIONS Motion - A motion to schedule a Public Hearing for April 3, 2024, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Nansemond Parkway Bridge Replacement (Structure No.: 133-1836) Project Council Member Johnson, on a motion seconded Council Member Bennett, moved to schedule a Public Hearing for April 3, 2024, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Nansemond Parkway Bridge Replacement (Structure No.: 133-1836) Project, 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, April 3, 2024, at 4:00 p.m., unless cancelled Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, April 3, 2024, at 4:00 p.m., unless cancelled, 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 Joint Work Session, of City Council and the Suffolk Public School Board, for Wednesday, April 10, 2024, at 3 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to schedule a Joint Work Session, of City Council and the Suffolk Public School Board, for Wednesday, April 10, 2024, at 3 p.m., 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 NON-AGENDA SPEAKERS Barbara Coder, 5040, Bay Circle, representing self, asked for the installation of pipes in her area. NEW BUSINESS City Clerk Dawley presented the following nominations for appointment to the respective bodies: Early Childhood Development Commission (Private School Representative) - Carol Johnson and Wetlands Board – Kitrell Eberwine III and Richard Vroman. 8 City Council Regular Meeting March 20, 2024 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the appointment of Finance Director Charles Meek; the Suffolk Police Department’s recruitment event; the Suffolk Police Department’s youth outreach event; the Suffolk Fire and Rescue Department’s smoke detector installation event; the Jungle Jamz Café ribbon cutting; the Dick’s House of Sport blimp visit; the Keep Suffolk Beautiful Recycling Drive and Tire Amnesty Day; the Keep Suffolk Beautiful and Suffolk Art League’s Suffolk Earth and Arts Festival; and the Great Suffolk Cleanup. Council Member Rector announced he attended the following: the Suffolk Police Department’s Awards Ceremony; the Booker T. Washington Elementary School’s Arts Festival and the Jungle Jamz Café ribbon cutting. Council Member Williams opined about various infrastructural issues in the Whaleyville Borough. Council Member Williams acknowledged the appointment of Finance Director Charles Meek. Council Member Fawcett reported he attended the Suffolk Police Department’s Awards Ceremony. Council Member Fawcett acknowledged the appointment of Finance Director Charles Meek. Council Member Fawcett opined about the following: the Suffolk Police Department’s recruitment event; the Suffolk Fire and Rescue Department’s smoke detector installation event and the Keep Suffolk Beautiful Recycling Drive and Tire Amnesty Day. Council Member Butler Barlow acknowledged the appointment of Finance Director Charles Meek. Council Member Butler Barlow opined about the 2045 Comprehensive Plan Open Houses. Council Member Butler Barlow announced she attended the Greater Oakland/Chuckatuck Civic League meeting. Council Member Butler Barlow opined about Women’s History Month. Council Member Bennett acknowledged the appointment of Finance Director Charles Meek. Council Member Bennett reported he attended the 36th Pastoral Anniversary for Wendell Waller and the Alpha Phi Alpha Black and Gold Gala. Council Member Bennett opined about the appointment of Circuit Court Judge Helivi L. Holland. 9 City Council Regular Meeting March 20, 2024 Council Member Bennett announced he attended the Dancing with the Characters event. Council Member Bennett opined about a Kiwanis Club possibility establishing a chapter in Northern Suffolk. Council Member Bennett opined about Keep Suffolk Beautiful Great Suffolk Clean Up. Council Member Johnson acknowledged the appointment of Finance Director Charles Meek. Council Member Johnson reported he attended the Jungle Jamz Café ribbon cutting. Vice Mayor Ward reported he attended the 36th Pastoral Anniversary for Wendell Waller and the Alpha Phi Alpha Black and Gold Gala. Mayor Duman acknowledged the appointment of Finance Director Charles Meek, Circuit Court Judge Helivi L. Holland and General District Court Judge Robert C. Barclay III. Mayor Duman announced he attended the Dancing with the Characters event and the 2045 Comprehensive Plan Open House. Council Member Johnson, on a motion seconded by Council Member Butler Barlow, 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 9:08 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: MAY 15, 2024 10