City Council Meeting Agendas

City Council Regular Meeting July 17, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 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 II, 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. APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the minutes from the May 1, 2024, Work Session, 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 “National Night Out” Mayor Duman presented the aforementioned proclamation to Fire Chief Michael Barakey, Media and Community Relations Director Jennifer Moore and Police Chief Daniel Buie. 1 City Council Regular Meeting July 17, 2024 REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Rector, on a motion seconded by Council Member Fawcett, moved to remove Consent Agenda Item #8 – “A resolution authorizing the City Manager to execute the Amendment to the Agreement for Creation of Western Tidewater Regional Jail Authority between the City of Suffolk, the City of Franklin, the County of Isle of Wight, and the City of Hampton” - for a separate vote under Resolutions and to adopt the remainder of 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 amend Section 14-34 of the Code of the City of Suffolk, Virginia, to amend fines for violations of the Virginia Uniform Statewide Building Code; OTA2024-004 Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #10 - An ordinance to appropriate and transfer funds from the Cemetery Fund Restricted Fund Balance to the Capital Projects Fund for the Cedar Hill Cemetery Slope Stabilization Project Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Suffolk Parks and Trails Alliance for the Suffolk Department of Parks and Recreation to enhance the Festival of Lights event Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services Byrne/Justice Assistance Grant Program in support of the Suffolk Police Department Consent Agenda Item #13 - An ordinance to amend Ordinance 24-O-049 to amend the Annual Salary for the General Registrar Referring to Consent Agenda Items #7 and #9 through #13, City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting July 17, 2024 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve Consent Agenda Items #7 and #9 through #13, 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 issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, Kyle Laux, Senior Vice President, Davenport and Company, the City’s financial advisors, gave a summary of the background information as printed in the official agenda. He also submitted an overview of the background information as printed in the official agenda for Public Hearing Item #16 – “An ordinance authorizing the issuance and sale of bonds as evidence for a Virginia Literary Fund loan by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof” Hearing no speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented. Referring to the presentation, Mayor Duman opined about the order of using the General Obligation Bond funding and the Literary Loan funding. Mr. Laux responded that the City must take the General Obligation Funding in accordance with the Internal Revenue Service regulations. Referring to the presentation, Mayor Duman asked about the timeline for the availability of the General Obligation Bond funding and the Literary Loan funding. Mr. Laux explained that the funding will be available once the appropriate paperwork has been filed. Council Member Bennett, 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 AUTHORIZING THE ISSUANCE AND SALE OF BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF 3 City Council Regular Meeting July 17, 2024 Public Hearing - An ordinance authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, Kyle Laux, Senior Vice President, Davenport and Company, the City’s financial advisors, offered a synopsis of the background information as printed in the official agenda. He further explained that the Virginia Resources Authority is now the preferred lender, so he requested a continuance of the public hearing to September 4, 2024. Referring to the presentation, Council Member Rector sought clarification about the rate at which the City has to repay bonds. Mr. Laux explained the issuance and repayment process. Council Member Fawcett, on a motion seconded by Council Member Rector, moved to continue consideration of this item to the September 4, 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 Public Hearing - An ordinance authorizing the issuance and sale of bonds as evidence for a Virginia Literary Fund loan by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Kyle Laux, Senior Vice President, Davenport and Company, the City’s financial advisors offered a synopsis prior to the first public hearing for “An ordinance authorizing the issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof” Hearing no speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Vice Mayor Ward, moved 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 ISSUANCE AND SALE OF BONDS AS EVIDENCE FOR A VIRGINIA LITERARY FUND LOAN BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF Public Hearing - An ordinance authorizing the City Manager to execute a Second Amendment to Lease for the Whaleyville Communications Tower Lease with Cellco Partnership d/b/a Verizon Wireless Utilizing a PowerPoint presentation, Purchasing Agent Jay Smigielski presented a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 4 City Council Regular Meeting July 17, 2024 Council Member Williams, 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 AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO LEASE FOR THE WHALEYVILLE COMMUNICATIONS TOWER LEASE WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS Public Hearing - An ordinance vacating and abandoning a portion of Carolina Road (Route 32), located between Airport Road and Whaleyville Boulevard, Zoning Map 44, Parcel 99, Account Number 100890000; STV2022-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne submitted an overview of the background information as printed in the official agenda. He also submitted an overview of the background information as printed in the official agenda for the next item – “A quitclaim deed pertaining to Street Vacation Request STV2022-001”. Hearing no speakers, the public hearing was closed. Council Member Rector, on a motion seconded by Council Member Williams, moved to approve the ordinance with revised Exhibit B as included in the PowerPoint presentation and the remaining 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 VACATING AND ABANDONING A PORTION OF CAROLINA ROAD (ROUTE 32), LOCATED BETWEEN AIRPORT ROAD AND WHALEYVILLE BOULEVARD, ZONING MAP 44, PARCEL 99, ACCOUNT NUMBER 100890000; STV2022-001 Public Hearing – An ordinance to authorize a quitclaim deed between the City of Suffolk, the Commonwealth of Virginia, and William T. Nelson, Jr. for a portion of Carolina Road (Route 32) pertaining to Street Vacation Request STV2022-001 Planning and Community Development Director Wyne provided a report with the previous item – “An ordinance vacating and abandoning a portion of Carolina Road (Route 32), located between Airport Road and Whaleyville Boulevard, Zoning Map 44, Parcel 99, Account Number 100890000; STV2022- 001” Hearing no speakers, the public hearing was closed. 5 City Council Regular Meeting July 17, 2024 Council Member Johnson, on a motion seconded by Council Member Williams, 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 AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK, THE COMMONWEALTH OF VIRGINIA, AND WILLIAM T. NELSON, JR. FOR A PORTION OF CAROLINA ROAD (ROUTE 32) PERTAINING TO STREET VACATION REQUEST STV2022-001 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a mini-warehouse use, on property located on Holland Road, Zoning Map 33B, Parcel F*11A, Account Number 152608400; CUP2024-009 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave a summary of the background information as printed in the official agenda. Melissa Venerable, 5857 Harbour View Boulevard, President, Land Planning Solutions, agent, representing John A. Wright, Waverton Associations, applicant. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to approve 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 A MINI- WAREHOUSE USE, ON PROPERTY LOCATED ON HOLLAND ROAD, ZONING MAP 33B, PARCEL F*11A, ACCOUNT NUMBER 152608400; CUP2024-009 Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the Belleharbour Master Plan zoning from O-I, Office Institutional zoning district to RU-18, Residential Urban (18) and RU, Residential Urban to O-I, Office Institutional; Zoning Map 13F, Parcel 3*11 and Zoning Map 13, Parcel 16, Account Numbers 306001111 and 300600500; RZN2024-004 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a synopsis of the background information as printed in the official agenda. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing Belleharbour JV APMTS LLC, applicant, spoke in support of the proposed ordinance, as presented. Tim Thomas, 4408 Cole Street, representing self, opined about traffic and drainage concerns. 6 City Council Regular Meeting July 17, 2024 Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing Belleharbour JV APMTS LLC, applicant, advised that the comments made by Mr. Thomas are not related to the parcel under consideration. Hearing no additional speakers, the public hearing was closed. Vice Mayor Ward, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE BELLEHARBOUR MASTER PLAN ZONING FROM O-I, OFFICE INSTITUTIONAL ZONING DISTRICT TO RU-18, RESIDENTIAL URBAN (18) AND RU, RESIDENTIAL URBAN TO O-I, OFFICE INSTITUTIONAL; ZONING MAP 13F, PARCEL 3*11 AND ZONING MAP 13, PARCEL 16, ACCOUNT NUMBERS 306001111 AND 300600500; RZN2024-004 (CONDITIONAL) Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district, to RU-12 (Conditional), Residential Urban 12, and B-2 (Conditional), General Commercial zoning district on property located at 1226 White Marsh Road; Zoning Map 35, Parcels 168D and 168D*2; Account Numbers 053405100 and 053416500; RZN2023-007 (Conditional) 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 item under consideration. Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne submitted an overview of the background information as printed in the official agenda. Grady Palmer, 999 Waterside Drive, Norfolk, Virginia representing Bob Arnette, Coastal Virginia Partners, LLC, applicant, spoke in support of the proposed ordinance, as presented. Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to approve the ordinance, as presented. Council Member Bennett called for information about the timeline for the demolition of the shopping center on the parcel under consideration. Mr. Palmer said that the site plans will be approved in approximately one year, at which point the demolition of the shopping center would begin. Referring to the presentation, Council Member Butler Barlow opined about the potential uses for the B-2 General Commercial Zoning District as it relates to the parcel under consideration. Mr. Palmer stated that at this point, no specific uses have been determined. Referring to the presentation, Council Member Butler Barlow asked about the approximate cost for the proposed residential units for the parcel under consideration. Mr. Palmer said that the proposed residential units will cost approximately $300,000. 7 City Council Regular Meeting July 17, 2024 Referring to the presentation, Council Member Butler Barlow queried about the inclusion of open space on the parcel under consideration. Mr. Palmer replied in the affirmative. Referring to the presentation, Council Member Rector sought clarification about the traffic improvements on the parcel under consideration. Mr. Palmer replied that the left turn lane will be extended from Portsmouth Boulevard to East Washington Street. Council Member Fawcett, on a motion seconded by Council Member Bennett, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM B-2, GENERAL COMMERCIAL ZONING DISTRICT, TO RU-12 (CONDITIONAL), RESIDENTIAL URBAN 12, AND B-2 (CONDITIONAL), GENERAL COMMERCIAL ZONING DISTRICT ON PROPERTY LOCATED AT 1226 WHITE MARSH ROAD; ZONING MAP 35, PARCELS 168D AND 168D*2; ACCOUNT NUMBERS 053405100 AND 053416500; RZN2023-007 (CONDITIONAL) ORDINANCES Ordinance - An ordinance to grant a Conditional Use Permit to establish surface mining (borrow pits), on property located at 12000 Wyanoke Trail; Zoning Map 59, Parcel 4, Account Number 152491400; CUP2023-025 (Conditional) (This item was continued from the May 15, 2024 City Council meeting) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne provided an overview of the background information as printed in the official agenda. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with the incorporation of Exhibit D, and the remaining 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 SURFACE MINING (BORROW PITS), ON PROPERTY LOCATED AT 12000 WYANOKE TRAIL; ZONING MAP 59, PARCEL 4, ACCOUNT NUMBER 152491400; CUP2023-025 (CONDITIONAL), AS AMENDED 8 City Council Regular Meeting July 17, 2024 RESOLUTIONS Consent Agenda #8 – A resolution authorizing the City Manager to execute the Amendment to the Agreement for Creation of Western Tidewater Regional Jail Authority between the City of Suffolk, the City of Franklin, the County of Isle of Wight, and the City of Hampton (This item was removed from the Consent Agenda for a separate vote.) City Manager Moor submitted a summation 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 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 AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE AGREEMENT FOR CREATION OF WESTERN TIDEWATER REGIONAL JAIL AUTHORITY BETWEEN THE CITY OF SUFFOLK, THE CITY OF FRANKLIN, THE COUNTY OF ISLE OF WIGHT, AND THE CITY OF HAMPTON STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a City Council Work Session for Wednesday, August 7, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager Council Member Williams, on a motion seconded by Council Member Johnson, moved to schedule a City Council Work Session for Wednesday, August 7, 2024, at 4:00 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 Valija Rose, 168 Preserve Way, representing self, opined about maintenance concerns at the Preserve at Lake Meade. Daniel Blue, 168 Preserve Way, representing self, opined about maintenance concerns as the Preserve at Lake Meade. 9 City Council Regular Meeting July 17, 2024 NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the appointment of Sheriff David Miles; the ribbon cutting for Mathnasium; the rain date for 50 Fest Rain Fest, August 3, 2024; the Parks and Recreation Department’s Summer Concert Series; the activation of the red light photo enforcement camera at Holland Road and Route 58 Business; the traffic shift on Route 58/Holland Road; the Amazing Peanut Chase Throwback Edition; Suffolk Sweets Week; availability of the Public Safety Portal; National Night Out; the receipt of $30.1 million from the Virginia’s Transportation Opportunity Fund for the Route 460 Road Improvement Project; and the City’s Channel 190. Council Member Rector offered comments about $30.1 million in funding from the Transportation Opportunity Fund and National Night Out. Council Member Rector asked for more parking on Katherine Street, between Pinner Street and Constance Road. Council Member Rector congratulated Sheriff Miles and opined about the visit from residents of Oderzo, Italy. Council Member Williams acknowledged the appointment of Sheriff Miles. Council Member Williams acknowledged the Non-Agenda Speakers in attendance. Council Member Fawcett acknowledged the appointment of Sheriff Miles. Council Member Fawcett said he attended the ribbon cutting for Mathnasium. Council Member Fawcett opined about National Night Out. Council Member Fawcett acknowledged the receipt of $30.1 million from Virginia’s Transportation Opportunity Fund for the Route 460 Road Improvement Project. Council Member Fawcett acknowledged the Non-Agenda Speakers in attendance. Council Member Butler Barlow acknowledged the appointment of Sheriff Miles. Council Member Butler Barlow opined about the new Agricultural Specialist position. Council Member Butler Barlow opined about today’s Work Session regarding the 2045 Comprehensive Plan Update. Council Member Butler Barlow opined about National Night Out. Council Member Bennett acknowledged the appointment of Sheriff Miles. 10 City Council Regular Meeting July 17, 2024 Council Member Bennett opined about today’s Work Session regarding the 2045 Comprehensive Plan Update. Council Member Bennett reported a blind spot at exit of Bridlewood Estates. Council Member Johnson opined about National Night Out. Council Member Johnson acknowledged the appointment of Sheriff Miles. Council Member Johnson remarked on the receipt of $30.1 million from Virginia’s Transportation Opportunity Fund for the Route 460 Road Improvement Project. Vice Mayor Ward acknowledged the Non-Agenda Speakers in attendance. Vice Mayor Ward opined about a shooting at Magnolia Park. Vice Mayor Ward talked about the narrowness of Shoulders Hill Road and Pughsville Road near the Amazon Fulfillment Center. Public Works Director Robert Lewis advised that both areas are included the Capital Improvement Plan. Vice Mayor Ward acknowledged the appointment of Sheriff Miles. Vice Mayor Ward acknowledged the receipt of $30.1 million from Virginia’s Transportation Opportunity Fund for the Route 460 Road Improvement Project. Vice Mayor Ward reported he attended the Metropolitan Baptist Church Men’s Day. Mayor Duman acknowledged the appointment of Sheriff Miles. Mayor Duman reported he attended the Metropolitan Baptist Church Men’s Day. Mayor Duman acknowledged the receipt of $30.1 million from Virginia’s Transportation Opportunity Fund for the Route 460 Road Improvement Project. Mayor Duman opined about National Night Out. Council Member Fawcett, 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 11 City Council Regular Meeting July 17, 2024 There being no further business to come before City Council, the regular meeting was adjourned at 8:52 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: OCTOBER 2, 2024 12