City Council Meeting Agendas

City Council Regular Meeting August 21, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 21, 2024, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett (departed at 8:55 p.m.) 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 Council Member 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 August 21, 2024, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. 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, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF AUGUST 21, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED Mayor Duman announced that Council Member Butler Barlow was excused from tonight’s meeting. 1 City Council Regular Meeting August 21, 2024 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the minutes from the May 15, 2024, Regular Meeting, 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 SPECIAL PRESENTATIONS Special Presentation – Update on Fall Events Utilizing a PowerPoint presentation, Tourism Manager Theresa Earles gave a summary of the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA City Manager Moor announced that the Planning Commission did not act on the following item, therefore, it needed to be removed from the agenda: Public Hearing Item #13 – “An ordinance to grant a Conditional Use Permit to establish a solar energy facilities use, on properties located at 1380, 1390, 1398, and 1400 White Marsh Road; Zoning Map 35, Parcels 172, 172A and 172B, and Zoning Map 45, Parcel 49D; Account Numbers 050924400, 052606000, 053457500, and 053457600; CUP2024-006”. City Attorney Hutchings explained that the item needs to be removed from the agenda in its entirety, because the item is not technically before City Council for consideration, since the Planning Commission did not act on it. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to remove Public Hearing Item #13 – “An ordinance to grant a Conditional Use Permit to establish a solar energy facilities use, on properties located at 1380, 1390, 1398, and 1400 White Marsh Road; Zoning Map 35, Parcels 172, 172A and 172B, and Zoning Map 45, Parcel 49D; Account Numbers 050924400, 052606000, 053457500, and 053457600; CUP2024-006” and to adopt the remainder of the agenda, 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 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 Department of Criminal Justice Services for the Suffolk Victim/Witness Assistance Program 2 City Council Regular Meeting August 21, 2024 Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the City of Suffolk Department of Parks and Recreation Consent Agenda Item #10 - A resolution to endorse project application under the Railroad Crossing Elimination (RCE) Grant Program Consent Agenda Item #11 - A resolution adopting the amended and restated City of Suffolk 457(B) Plan, establishing an Investment Committee, and authorizing the City Manager to execute the plan and trust documents Consent Agenda Item #12 - A resolution authorizing the filing of a Federal Aviation Administration grant application and authorizing the City Manager to execute a grant agreement for Airport Improvement Program Project 3-51-0050-033-2024 Referring to Consent Agenda Items #7 through #12, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve Consent Agenda Items #7 through #12, 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 PUBLIC HEARINGS Public Hearing - An ordinance to grant a Conditional Use Permit to establish a solar energy facilities use, on properties located at 1380, 1390, 1398, and 1400 White Marsh Road; Zoning Map 35, Parcels 172, 172A and 172B, and Zoning Map 45, Parcel 49D; Account Numbers 050924400, 052606000, 053457500, and 053457600; CUP2024-006 This item was removed from the Agenda under Removal of Items from the Consent Agenda and Adoption of the Agenda. Public Hearing - An ordinance to grant a Conditional Use Permit to establish a machine shop use on property located at 1617 Freeman Mill Road; Zoning Map 63, Parcel 54*A; Account Number 103463000; CUP2024-011 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne offered a synopsis of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance: Mary Stevens, 1617 Freeman Mill Road, property owner. Kenneth Carpenter, 2609 Robin Hood Trail, representing self. 3 City Council Regular Meeting August 21, 2024 James Byrd, 1289 Loomis Road, representing self. Ed Smith, 1007 Deal Road, representing self. The following individuals spoke in opposition of the proposed ordinance: Betsy Newman, 1570 Freeman Mill Road, representing self, spoke in opposition of the proposed ordinance. Joy White, 5067 Mineral Springs Road, representing self, spoke in opposition of the proposed ordinance. Mary Stevens, 1617 Freeman Mill Road, property owner, spoke in support of the proposed ordinance. James Byrd, 1289 Loomis Road, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Williams asked about the age of the building. Ms. Stevens advised it has been around for 1.5 years. Council Member Williams inquired about the length of time the business has been operational. Ms. Stevens advised they have been in business since 2022. Council Member Williams asked whether the business generated excessive traffic. Ms. Stevens advised they try not to. Council Member Williams solicited information on the number of families that share a driveway. Ms. Stevens said four families share the driveway. Council Member Williams asked the opinion of the other two households not present. Ms. Stevens advised that she has not had any complaints. Council Member Williams, on a motion seconded by Vice Mayor Ward, 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 A MACHINE SHOP USE ON PROPERTY LOCATED AT 1617 FREEMAN MILL ROAD; ZONING MAP 63, PARCEL 54*A; ACCOUNT NUMBER 103463000; CUP2024-011 4 City Council Regular Meeting August 21, 2024 Public Hearing - A resolution to amend the comprehensive plan for 2035 and adopt Suffolk 2045, the City of Suffolk Comprehensive Plan as the City of Suffolk's Comprehensive plan Utilizing a PowerPoint presentation, Principal Planner William Keith Cannady, Deputy City Manager Kevin Hughes, Parks and Recreation Director Mark Furlo, Capital Programs and Buildings Director Gerry Jones, Public Utilities Director Paul Retel and Public Works Director Robert Lewis provided a report on the background information as printed in the official agenda. Kelly Hengler, 9345 Eclipse Drive, requested to be removed from the proposed northern growth area. The following individuals spoke in opposition to the proposed resolution Denise Murden 4041 Kingston Parkway, representing Citizens Voice. Ann Harris, 2455 Lake Cahoon Road, representing self. Chess Harris, 323 Tindalls Court, representing self. Grady Palmer, 999 Waterside Drive, representing Williams Mullen, requested a continuance for 90 days. Laurna Taylor, 5577 Godwin Boulevard, representing self. Tom Rein, 119 Suffolk Meadows Boulevard, representing self. Stella Payne 120 Northgate Drive, representing self. Tim Dowdy, Indian Trail, representing self. Kristy Faller, 2823 Windjammer Road, representing self. Connie Womack, 2800 Lake Cohoon Point, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to continue consideration of the resolution to the November 20, 2024, City Council meeting and to schedule a public hearing for the November 20, 2024, City Council meeting. Members of City Council opined about the proposed plan. Council Member Rector asked about the allowable options, if City Council approves the motion to continue the item. City Attorney Hutchings explained that City Council has 150 days from August 20, 2024, to act on the proposed comprehensive plan. He outlined four options for City Council related to the 2045 Comprehensive Plan submitted by the Planning Commission: (1) approve the proposed plan; (2) amend the proposed plan; (3) deny the proposed plan and rely on the current comprehensive plan; or (4) deny the proposed plan, provide a reason for denial to the Planning Commission and request that the comprehensive plan be amended. 5 City Council Regular Meeting August 21, 2024 Comments were exchanged about next steps. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to continue consideration of the resolution to the November 20, 2024, City Council meeting and to schedule a public hearing for the November 20, 2024, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Fawcett, Johnson, Rector and Williams 6 NAYS: None (Council Member Butler Barlow was excused.) 0 ORDINANCES Ordinance - An ordinance to amend Section 86-291 of the Code of the City of Suffolk restricting through truck traffic on Upton Place, Adams Drive and Wooduck Road Utilizing a PowerPoint presentation, Public Works Director Lewis gave a review 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, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Fawcett, Johnson, Rector and Williams 6 NAYS: None (Council Member Butler Barlow was excused.) 0 AN ORDINANCE TO AMEND SECTION 86-291 OF THE CODE OF THE CITY OF SUFFOLK RESTRICTING THROUGH TRUCK TRAFFIC ON UPTON PLACE, ADAMS DRIVE AND WOODUCK ROAD RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a Public Hearing for September 4, 2024 to receive public comment on an ordinance authorizing the acquisition of permanent public utility and/or temporary construction easements, either by agreement or condemnation, for the Wilroy Road 12-inch Water Main Extension - Phase 2 Project 6 City Council Regular Meeting August 21, 2024 Council Member Williams, on a motion seconded by Council Member Fawcett, moved to schedule a Public Hearing for September 4, 2024 to receive public comment on an ordinance authorizing the acquisition of permanent public utility and/or temporary construction easements, either by agreement or condemnation, for the Wilroy Road 12-inch Water Main Extension - Phase 2 Project, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Fawcett, Johnson, Rector and Williams 6 NAYS: None (Council Member Butler Barlow was excused.) 0 Motion - A motion to schedule a City Council Work Session for Wednesday, September 4, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager Council Member Johnson, on a motion seconded by Council Member Rector, moved to schedule a City Council Work Session for Wednesday, September 4, 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 Fawcett, Johnson, Rector and Williams 6 NAYS: None (Council Member Butler Barlow was excused.) 0 NON-AGENDA SPEAKERS Pastor Larry Davis, 204 Cedar Street, was not present when called. Kristy Faller, 2823 Windjammer Road, was not present when called. NEW BUSINESS City Clerk Dawley presented the following nominations for appointment to the respective bodies: Senior Services of Southeastern Virginia – Deonna Butler and Downtown Advisory Committee – Tom Yannuzzi (Arts and Culture representative); Michael Hart (Culinary and Restaurant representative); Matthew Dairman (Retail representative); Thomas Woodward, Jr. (Professional representative); Lisa Burrell (Hospitality representative); Leonard Provost (Real Estate representative); Brian McCormally and Amy Birdsong (Downtown Resident/Property Owner) and Wilmer Boone, Anthony Van Dyke and Lula Holland (At-Large representatives). Council Member Johnson, on a motion seconded by Council Member Rector, 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 Fawcett, Johnson, Rector and Williams 6 NAYS: None (Council Member Butler Barlow was excused.) 0 7 City Council Regular Meeting August 21, 2024 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the City’s observance of the Labor Day holiday; the G. Robert House Water Treatment Facility EDR Membrane Replacement Check Presentation; the ribbon cuttings for Blessed Hands Florist and More and Darla’s Downtown Boutique; the Suffolk Police Department Senior Citizen Academy Graduation; the Suffolk Police Department Hiring Event; the Suffolk Fire and Rescue Fire and Life Safety Camp; the Shoulders Hill Road and Bridge Tree-Cutting and Road Construction; the Public Safety Portal; the installation of the Downtown Wayfinding Signage and the Downtown Festival Park 50 Fest. Council Member Rector reported he attended the following events: the ribbon cuttings for Blessed Hands Florist and More and Darla’s Downtown Boutique; the G. Robert House Water Treatment Facility EDR Membrane Replacement Check Presentation; Swearing-In Ceremony for Police Chief James Buie; the Suffolk Police Department Senior Citizen Academy Graduation; Nansemond Indian Nation Pow Wow and Kingsboro Civic League Meeting. Council Member Williams announced that he attended the ribbon cutting for Blessed Hands Florist and More and Swearing-In Ceremony for Police Chief James Buie. Council Member Williams opined about the Investiture of Judge Alfred Bates. Council Member Williams said he went to the Palm Tree Baptist Church Health Fair and Car Show and the South Suffolk/Pleasant Hill Reunion. Council Member Fawcett reported he attended the following events: G. Robert House Water Treatment Facility EDR Membrane Replacement Check Presentation; Nansemond Indian Nation Pow Wow; Swearing-In Ceremony for Police Chief James Buie; and the Suffolk Police Department Senior Citizens Academy Graduation. Council Member Fawcett opined about the Suffolk Fire and Rescue Fire and Life Safety Camp. Council Member Fawcett announced that he attended the Investiture of Judge Alfred Bates. Council Member Johnson opined about the proposed 2045 Comprehensive Plan and offered comments regarding Officer Junius Jackson’s retirement. Vice Mayor Ward reported he attended the Swearing-In Ceremony for Police Chief James Buie offered comments regarding sports in Burbage Grant, a food bank opening he attended at Oak Grove Baptist Church and Officer Junius Jackson’s retirement. Mayor Duman announced he attended the following events: the ribbon cutting for Blessed Hands Florist and More; Suffolk Public Schools New Teacher Orientation; the G. Robert House Water Treatment Facility EDR Membrane Replacement Check Presentation; the Downtown Festival Park 50 Fest; Swearing-In Ceremony for Police Chief James Buie; Finance Committee meeting; Suffolk Police Department’s Senior Citizens Academy Graduation; Sojourn Fermentory soft opening; the Nansemond Indian Nation Pow Wow; and Palm Tree Baptist Church Health Fair and Car Show. Mayor Duman offered comments about the retirement of Officer Junius Jackson. 8 City Council Regular Meeting August 21, 2024 Council Member Rector, on a motion seconded by Council Member Fawcett, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Fawcett, Johnson, Rector and Williams 6 NAYS: None (Council Member Butler Barlow was excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 10:04 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: NOVEMBER 20, 2024 9