City Council Meeting Agendas

City Council Regular Meeting April 17, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, April 17, 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 April 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 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 APRIL 17, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting April 17, 2024 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the minutes from the February 21, 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 Special Presentation - A proclamation in recognition of the “Week of the Young Child” Mayor Duman presented the aforementioned proclamation to Parks and Recreation Director Mark Furlo and members of the Early Childhood Development Commission. Special Presentation - A proclamation in recognition of “National Crime Victims’ Week” Mayor Duman presented the aforementioned proclamation to Chief Deputy Commonwealth’s Attorney Vaughn Breedlove. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Rector requested the removal of Consent Agenda Item #10 for a separate vote under the Ordinances potion of the agenda. City Manager Moor announced that the applicant has withdrawn Public Hearing Item #15, therefore, it needs to be removed from the agenda. Council Member Rector, on a motion seconded by Council Member Fawcett, moved to remove Consent Agenda Item #10 for a separate vote under Ordinances, remove Public Hearing Item #15 from the agenda entirely and adopt the remainder for 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 additional funds from the Virginia Department of Transportation State of Good Repair Program and to transfer local Urban Maintenance Funds for repaving Freeman Mill Road over Spivey Swamp 2 City Council Regular Meeting April 17, 2024 Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Western Tidewater Community Service Board for the Suffolk Department of Fire and Rescue Consent Agenda Item #9 - An ordinance to appropriate and transfer Automated Traffic Enforcement Camera program funds from the Road Maintenance Fund to the General Fund for Community Safety Improvements 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 Johnson, moved to approve Consent Agenda Item #7 through #9, 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 - A public hearing to receive public comment on the Proposed Operating and Capital Budget for Fiscal Year 2024-2025 and related Ordinances Utilizing a PowerPoint presentation, Finance Director Charles Meek outlined the background information as printed in the official agenda. Karl Marshall, 5028 Hunt Club Chase, Public Works Assistant Director, spoke in support of the proposed 4% cost of living increase for City employees. Steve Zollos, 2551 Eltham Ave, Norfolk, Virginia, Chief Executive Officer, Senior Services of Southeastern Virginia, spoke in support of his agency’s full funding request. James Grandfield, 610 West Constance Road, representing the Suffolk Public Defender’s Office, spoke in support of the proposed budget. Danny (name inaudible), 315 Beamons Mill Trail, representing the Southern States-Police Benevolent Association, spoke in support of salary increases for Suffolk Police Department employees. Jessica York, no address provided, Director of Development, Western Tidewater Free Clinic, spoke in support of the proposed budget. Christopher Dove, 852 Colonel Meade Drive, representing self, opined about capital funding for Suffolk Public Schools. Marleisa Montgomery, no address provided, Executive Director, Genieve Shelter, spoke in support of the proposed budget and called for the lift on the real estate tax moratorium for non-profit organizations. Hearing no additional speakers, the public hearing was closed. Mayor Duman announced that no action was required on this item as this time. 3 City Council Regular Meeting April 17, 2024 Public Hearing - A resolution to adopt the Fiscal Year 2024-2025 Annual Action Plan for the City of Suffolk’s Community Development Block Grant Program (CDBG) and the Western Tidewater Home Consortium Home Investment Partnership Grant Program (HOME) Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne offered a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Mayor Duman advised that no action on the proposed resolution was required at this time. Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from CP, Commerce Park, O-I, Office Institutional, and RU, Residential Urban zoning district (Conditional), to RC, Residential Compact zoning district (Conditional) for property located at Zoning Map 34 Parcel 3C*5*6, Account Number 252853000; RZN2023-005 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne provided a summary of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, as presented: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, representing the Towns of Pitchkettle Landing. Referring to the distributed handout, Mr. Palmer submitted the following additional condition: 10. No certificate of occupancy shall be issued for residential occupancy (not to include not more than (7) seven model homes while open for public access) except in accordance with the following schedule: a. A maximum of six (6) certificates of occupancy shall be issued per month after April 1, 2026 until December 31, 2026. b. Starting January 1, 2027, a maximum of ten (10) certificates of occupancy shall be issued per month until December 31, 2027. c. From and after April 1, 2026, in the event that the maximum number of certificates of occupancy are not issued in a given month, the balance shall accumulate without limitation during the following month(s) and shall be available for use without respect to the monthly limitation; provided that in no event shall more than 175 certificates of occupancy be issued prior to December 31, 2027. d. After December 31, 2027, there shall be no cap on the issuance of certificates of occupancy. Christopher Bullock, 3327 Mintonville Point Drive, representing Boyd Homes, spoke in support of ordinance. Marlyn J. Pierce, 1041 Egret Lane, representing self, spoke in support of ordinance. Lavonyia Wilson-Mitchell, 1014 Egret Lane, representing self, spoke in support of ordinance. Tasha Williams, no address provided, representing self, spoke in opposition to the proposed ordinance, as presented. Mayor Duman advised that this period of the public hearing was for those in support of the proposed ordinance. Loni Taliaferro, 148 Preserve Way, representing self, spoke in support of the proposed ordinance, as presented. 4 City Council Regular Meeting April 17, 2024 The following individuals spoke in opposition of the proposed ordinance, as presented: Tasha Williams, 219 Terrywood Drive, representing self. Christopher Dove, 852 Colonel Meade Drive, representing self. Denise Murden, 4041 Kingston Parkway, representing self. Gloria Spencer, 100 Cloverleaf Drive, representing self. Robert Busha, 436 Terrywood Drive, representing self. Scott Spencer, 100 Cloverleaf Drive, representing self. The following individuals spoke in support of the proposed ordinance, as presented: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, representing the Towns of Pitchkettle Landing. Marlyn Pierce, 1041 Egret Lane, representing self. Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, representing the Towns of Pitchkettle Landing added that his client was not able to find an active civic league in the area. Hearing no additional speakers, the public hearing was closed. Council Member Johnson opined about the status of the stoplight on Pitchkettle Road. Public Works Director Robert Lewis explained that staff has examined the feasibility of stoplights at the interchange. Council Member Johnson moved to deny the proposed ordinance, as presented. The motion failed to receive a second. Council Member Fawcett moved to continue consideration of the proposed ordinance for 60 days, as presented. City Attorney Hutchings stated that the motion to continue would need to be date specific, which would be the June 19, 2024, City Council meeting. The motion failed to receive a second. Council Member Bennett asked if continuing consideration would permit the applicant to meet with the adjacent property owners in the area. Mayor Duman advised that continuing consideration of the proposed ordinance for 60 days could give the applicant time to meet with the adjacent property owners. Council Member Fawcett, on a motion seconded by Council Member Rector, moved to continue consideration of the proposed ordinance to the June 19, 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 5 City Council Regular Meeting April 17, 2024 Public Hearing - An ordinance to grant a conditional use permit to establish a solar energy facility on property located at 1553 Kings Fork Road, Zoning Map 24, Parcel 32, Account Number 251081150; CUP2023-019 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave a report of the background information as printed in the official agenda. Patrick Harper, 45 Banks Avenue, Ashville, North Carolina, Cypress Creek Renewables, representing Nansemond Solar, LLC, applicant, spoke in support of the proposed ordinance, as presented. Christopher Dove, 852 Colonel Meade Drive, representing self, opined about the proposed ordinance, as presented. Denise Murden, no address provided, representing self, opined about the proposed ordinance, as presented. Harold Tweedy, 600 Eagle Lake Trail, Apartment 2317, Rome, Georgia, property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Butler Barlow inquired about the potential benefits for low income residents, as it relates to the proposed solar energy facility. Mr. Harper said that residents who meet the income requirements are able to sign up online for discounted energy from the solar energy facility. Council Member Butler Barlow opined about the proposed solar energy facility discounted energy program and the similar program offered by Dominion Energy. Mr. Harper indicated that residents can sign up through the Dominion Energy program. Council Member Butler Barlow called for information about the length of the contract for the proposed solar energy facility. Mr. Harper replied that the contract is for 20 years with four to five-year extensions. Council Member Butler Barlow asked about the applicant’s experience with decommissioning solar energy facilities. Mr. Harper said that his company has decommissioned a solar energy facility. Council Member Butler Barlow queried about the location of the applicant’s decommissioned solar energy facility. Mr. Harper indicated that his company has decommissioned a solar energy facility in North Carolina. Council Member Butler Barlow solicited information about the applicant’s experience with fires at solar energy facilities. Mr. Harper reported that his company provides training to local fire departments and maintains emergency preparedness plans. Council Member Butler Barlow sought clarification about whether the proposed solar energy facility would be included in the City’s overall maximum acreage cap of solar energy facilities. Planning and Community Development Director Wyne replied in the affirmative. 6 City Council Regular Meeting April 17, 2024 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Fawcett Rector and Williams 5 NAYS: Council Members Bennett, Butler Barlow and Johnson 3 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY ON PROPERTY LOCATED AT 1553 KINGS FORK ROAD, ZONING MAP 24, PARCEL 32, ACCOUNT NUMBER 251081150; CUP2023-019 Public Hearing – An ordinance to grant a conditional use permit to establish surface mining operations (borrow pits) on properties located at 6501 and 6701 Holy Neck Road, Zoning Map 49, Parcels 58*12 and 58*12B, Account Numbers 154000652 and 154000705; CUP2024-001 The applicant withdrew the application, therefore, no action was taken on this matter. Public Hearing - An ordinance to grant a variance to the Street Improvement Standards of Section 31-612(f) of the Unified Development Ordinance for relief from the connectivity ratio standards, on property located at Tax Map 35 Parcel 92; Account Number 300951000; SBV2023-001 Vice Mayor Ward announced he would not participate in any discussion or City Council action related to the proposed ordinance due to a personal interest in the variance under consideration. Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne submitted a summary of the background information as printed in the official agenda. Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, representing Moore’s Pointe, LLC, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Rector, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 ABSTAIN: Vice Mayor Ward 1 AN ORDINANCE TO GRANT A VARIANCE TO THE STREET IMPROVEMENT STANDARDS OF SECTION 31-612(F) OF THE UNIFIED DEVELOPMENT ORDINANCE FOR RELIEF FROM THE CONNECTIVITY RATIO STANDARDS, ON PROPERTY LOCATED AT TAX MAP 35 PARCEL 92; ACCOUNT NUMBER 300951000; SBV2023-001 7 City Council Regular Meeting April 17, 2024 Public Hearing - An ordinance to amend Section 31-301 of the Unified Development Ordinance of the City of Suffolk, Virginia in order to revise certain notice provisions; OTA2024-003 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a synopsis 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. Referring to the presentation, Council Member Johnson called for clarification about the use of two signs, one on each road, in the event the roads meet on a corner lot. Planning and Community Development Director Wyne replied in the affirmative. Referring to the presentation, Council Member Rector opined about the need for more signs in the event that the road has large frontage. Planning and Community Development Director said the new signs are such an improvement in their size, that two signs are not needed, even when a road has large frontage. 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, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND SECTION 31-301 OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF SUFFOLK, VIRGINIA IN ORDER TO REVISE CERTAIN NOTICE PROVISIONS; OTA2024-003 ORDINANCES Ordinance – An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions of the Hallstead Reserve residential development for property located on Pruden Boulevard, Hallstead Boulevard, and Murphys Mill Road, Zoning Map 25, Parcels 56 and 56*1; RZN2024-005 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave an overview of the background information as printed in the official agenda. Council Member Rector, on a motion seconded by Council Member Fawcett, 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 8 City Council Regular Meeting April 17, 2024 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS OF THE HALLSTEAD RESERVE RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED ON PRUDEN BOULEVARD, HALLSTEAD BOULEVARD, AND MURPHYS MILL ROAD, ZONING MAP 25, PARCELS 56 AND 56*1; RZN2024-005 (CONDITIONAL) Ordinance - An ordinance establishing the Downtown Advisory Committee Utilizing a PowerPoint presentation and the distributed handout, Deputy City Manager Kevin Hughes outlined the background information of the proposed ordinance, including the following amendment: “The Suffolk Borough City Council Member and the Whaleyville Borough City Council Member will serve as liaisons unless choosing to decline; in which case the Mayor will appoint the liaison.” Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the proposed ordinance, with the amendment as outlined above. Referring to the distributed handout, Council Member Rector called for the following amendment to Section 2-266 “Definitions” – “Professional shall mean licensed/certified Accountant, Architect, Banker, Engineer, Medical, or Legal.” Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with the amendments by staff and Council Member Rector as outlined above, 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 ESTABLISHING THE DOWNTOWN ADVISORY COMMITTEE AS AMENDED Mayor Duman asked about the need to take action to establish an application process for selecting individuals interested in serving on the Downtown Advisory Committee. City Attorney Hutchings explained that City Council could take action on this matter at this time as it is germane to the previously approved ordinance. Council Member Rector, on a motion seconded by Council Member Fawcett, moved to direct City Manager Moor to draft a resolution outlining an application process for selecting individuals interested in serving on the Downtown Advisory Committee, 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 RESOLUTIONS There were no items under this portion of the agenda. 9 City Council Regular Meeting April 17, 2024 STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a Joint Work Session, of City Council and the Suffolk Planning Commission, for Wednesday, May 1, 2024, at 3 p.m., unless cancelled by the Mayor and City Manager Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to schedule a Joint Work Session, of City Council and the Suffolk Public School Board, for Wednesday, May 1, 2024, at 3 p.m., unless cancelled by the Mayor and City Manager, 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 There were no speakers under this portion of the agenda. NEW BUSINESS City Clerk Dawley presented the following nominations for appointment to the respective bodies: Agricultural Advisory Commission (Agricultural and Natural Resources Agent representative) – Andrea Davis and Fine Arts Commission – Kristin Hinson. Council Member Williams, on a motion seconded by Council Member Butler Barlow, 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 groundbreaking for the Suffolk Central Library; the Suffolk Fire and Rescue Academy’s Graduation; the Suffolk Police Department’s Promotion Ceremony; pre- commissioned John F. Kennedy aircraft carrier personnel participation in the City-wide Cleanup; the grand opening for Gourmet Burger Bistro; the grand opening for the Gallery at Godwin; the City Treasurer’s Tax Relief Seminar; 2024 Iconicon; the Suffolk Earth and Arts Festival; the Suffolk Parks and Recreation Department’s 50 Trees for 50 Years Program; and the Suffolk Police Department’s Senior Citizen Academy. 10 City Council Regular Meeting April 17, 2024 Council Member Rector announced he attended the following: Suffolk Police Department’s Promotion Ceremony; Suffolk Fire and Rescue Academy’s Graduation; grand opening for Gourmet Burger Bistro and Coalition Against Poverty in Suffolk’s Blessing Banquet. Council Member Williams reported he attended the groundbreaking for the Suffolk Central Library. Council Member Fawcett announced he attended the Suffolk Fire and Rescue Academy’s Graduation and the groundbreaking for the Suffolk Central Library. Council Member Butler Barlow reported she attended the groundbreaking for the Suffolk Central Library and the grand opening for the Gallery at Godwin. Council Member Bennett opined about the request for additional funding for the Senior Services of Southeastern Virginia. Council Member Bennett opined about the groundbreaking for the Suffolk Central Library. Council Member Bennett opined about various infrastructural issues in the Cypress Borough. Council Member Bennett announced he attended the Suffolk Police Department’s Promotion Ceremony and the Suffolk Fire and Rescue Academy’s Graduation. Council Member Johnson opined about the following events: Suffolk Earth and Arts Festival; Garden Club of Virginia’s Historic Garden Week event in Riverview and grand opening of Miss Lilly’s Trading Post. Vice Mayor Ward reported he attended the Suffolk Fire and Rescue Academy’s Graduation and groundbreaking for the Suffolk Central Library. Mayor Duman announced he attended the following: grand opening for the Gallery at Godwin; Suffolk Police Department’s Promotion Ceremony; Portsmouth Area Chapter of the Military Officers Association of America; grand opening for Gourmet Burger Bistro; 100th anniversary gala for Producers Peanut Company; Coalition Against Poverty in Suffolk’s Blessing Banquet and groundbreaking for the Suffolk Central Library. Council Member Williams, 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, 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 9:36 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: JULY 2, 2024 11