City Council Meeting Agendas

City Council Regular Meeting January 15, 2025 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, January 15, 2025, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow Timothy J. Johnson John T. Rector LeOtis L. Williams Ebony N. Wright 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 January 15, 2025, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Williams, on a motion seconded by Council Member Rector, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JANUARY 15, 2025, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting January 15, 2025 APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Ward, moved to approve the minutes from the September 20, 2024, Special Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector, and Williams 7 NAYS: None 0 ABSTAIN: Council Member Wright 1 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 Butler Barlow, 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, Johnson, Rector, Williams and Wright 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 a Justice Assistance Grant from the United States Department of Justice in support of the Suffolk Police Department Consent Agenda Item #9 - An ordinance to appropriate funds from the Route 17 Special Taxing District Committed Fund Balance and to transfer funds to the Capital Projects Fund in support of the Ironside Drive Extension at the Point at Harbour View project Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the Suffolk Public Library Referring to Consent Agenda Items #7 through #10, City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting January 15, 2025 Council Member Johnson, on a motion seconded by Council Member Rector, moved to adopt Consent Agenda Items #7 through #10, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential Zoning District, to B-2, General Commercial (Conditional) Zoning District for a portion of property located at 432 Kings Fork Road, Zoning Map 25, Parcel 13, Account Number 250866700; RZN2024-008 (Conditional) Utilizing a PowerPoint presentation, Assistant Director of Planning Margaret Pittenger submitted a summary of the background information as printed in the official agenda. She also offered a synopsis of the background information as printed in the official agenda for the next item for consideration, CUP2024-020. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Geoffrey Payne, 120 Northgate Lane, applicant, representing Suffolk Youth Athletic Association. Karen Arnold, 713 Helen Avenue, Chesapeake, Virginia, representing Tidewater Referee Association. Tamara Villalobos-Flores, 2740 Birch Street, Norfolk, Virginia, representing Wave Training Futbol Club. Harry Cross, 5000 Waters Avenue, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Bennett, 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 Bennett, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM RR, RURAL RESIDENTIAL ZONING DISTRICT, TO B-2, GENERAL COMMERCIAL (CONDITIONAL) ZONING DISTRICT FOR A PORTION OF PROPERTY LOCATED AT 432 KINGS FORK ROAD, ZONING MAP 25, PARCEL 13, ACCOUNT NUMBER 250866700; RZN2024-008 (CONDITIONAL) 3 City Council Regular Meeting January 15, 2025 Public Hearing - An ordinance to grant a Conditional Use Permit to establish an Amusement/Entertainment/Recreation Center, Indoor Use on property located at 432 Kings Fork Road, Zoning Map 25, Parcel 13, Account Number 250866700; CUP2024-020 Geoffrey Payne, 120 Northgate Lane, applicant, representing Suffolk Youth Athletic Association, spoke in support of the proposed ordinance, with conditions. Phil Poe, 2104 Kings Highway, representing self, spoke in support of the proposed ordinance, with conditions. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Johnson, moved for approval of the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN AMUSEMENT/ENTERTAINMENT/RECREATION CENTER, INDOOR USE ON PROPERTY LOCATED AT 432 KINGS FORK ROAD, ZONING MAP 25, PARCEL 13, ACCOUNT NUMBER 250866700; CUP2024-020 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Day Care (Family Day Home, 5 to 12 Children) on property located at 127 Berkshire Boulevard, Zoning Map 25G, Parcel 4*137, Account Number 253285100; CUP2024-010 Utilizing a PowerPoint presentation, Assistant Director of Planning Pittenger reviewed the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Shamika Diriton, 127 Berkshire Boulevard, applicant and property owner. Tamira Shannon, 165 Patriot Walke Drive, representing self. Dennie Stokley, 116 Cove Point Drive, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Bennett, 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, Johnson, Rector, Williams and Wright 8 NAYS: None 0 4 City Council Regular Meeting January 15, 2025 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE (FAMILY DAY HOME, 5 TO 12 CHILDREN) ON PROPERTY LOCATED AT 127 BERKSHIRE BOULEVARD, ZONING MAP 25G, PARCEL 4*137, ACCOUNT NUMBER 253285100; CUP2024-010 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Parking, Commercial (Not Owned or Operated by a Public Agency) Use, on property located on East Washington Street, Zoning Map 34G25(1)2, Parcel 1; Account Number 353487000; CUP2024-027 Utilizing a PowerPoint presentation, Assistant Director of Planning Pittenger gave an overview of the background information as printed in the official agenda. Roberta Branch, 1098 Union Branch Road, Corapeake, North Carolina, 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 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, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PARKING, COMMERCIAL (NOT OWNED OR OPERATED BY A PUBLIC AGENCY) USE, ON PROPERTY LOCATED ON EAST WASHINGTON STREET, ZONING MAP 34G25(1)2, PARCEL 1; ACCOUNT NUMBER 353487000; CUP2024-027 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Public Assembly, Not Otherwise Enumerated Use on property located at 506 East Washington Street, Zoning Map 34G25(1)2, Parcels 1 and 2, Account Numbers 353487000 and 351051000; CUP2024-015 Utilizing a PowerPoint presentation, Assistant Director of Planning Pittenger provided a summation of the background information as printed in the official agenda. Roberta Branch, 1098 Union Branch Road, Corapeake, North Carolina, 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 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, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 5 City Council Regular Meeting January 15, 2025 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PUBLIC ASSEMBLY, NOT OTHERWISE ENUMERATED USE ON PROPERTY LOCATED AT 506 EAST WASHINGTON STREET, ZONING MAP 34G25(1)2, PARCELS 1 AND 2, ACCOUNT NUMBERS 353487000 AND 351051000; CUP2024-015 Public Hearing - An ordinance to grant a Conditional Use Permit to establish Solar Energy Facilities Use on properties located at 6100 Crittenden Road; Zoning Map 10, parcel 50, Account Number 252306000; CUP2024-022 Utilizing a PowerPoint presentation, Assistant Director of Planning Pittenger submitted a summary of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Ester Rekhelman, 321 East Main Street, Charlottesville, Virginia, representing Hexagon Development, LLC. Wendy Parker, 6100 Crittenden Road, representing self. Peter Bialobrzewski, 4423 Cherokee Drive, representing self. The following individuals spoke in opposition to the proposed ordinance, with conditions, as presented: Shane Alexander, 1800 White Marsh Road, representing self, opined about a solar farm adjacent to their property. Tiffany Alexander, 1800 White Marsh Road, representing self, opined about a solar farm adjacent to their property. Antonio Baso, 1914 Bruce Street, Kissimee, Florida, representing self. Benjamin Plancarte, 6513 Crittenden Road, representing self. Nunzio Misseri, 4035 Michael Drive, representing self. Jason Plancarte, 6513 Crittenden Road, representing self. Ester Rekhelman, 321 East Main Street, Charlottesville, Virginia, representing Hexagon Development, LLC, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Butler Barlow asked about the distance between the proposed solar farm and any residences. Ms. Rekhelman reported the proposed solar farm is over 1,500 feet from any residences. Council Member Butler Barlow moved to approve the ordinance, with conditions, as presented. 6 City Council Regular Meeting January 15, 2025 Council Member Wright called for information regarding noise mitigation as it relates to solar farms. Ms. Rekhelman stated that the proposed solar farm would comply with the standards as outlined in the noise study and would have 30 days to mitigate any sound issues. Assistant Director of Planning Pittenger added that the proposed ordinance has a condition that states the applicant shall, at its own expense, take appropriate action to bring the noise level into compliance with the representations made in the sound study provided by Secretariat Solar, LLC within 30 days. Council Member Bennett queried about the distance of the proposed solar farm and Mr. Baso’s future residence. Ms. Rekhelman replied that she was not aware of the distance of the proposed solar farm and Mr. Baso’s parcel. She added that her company sent out letters to all of the adjacent property owners, as listed in the City’s Geographic Information System. Council Member Bennett asked Mr. Baso about the distance from his parcel and the proposed solar farm. Mr. Baso estimated that his future residence might be three or four residences away from the proposed solar farm. Referring to the presentation, Council Member Rector sought information about the consideration of frequency when preparing a sound study for a solar farm. Bill Yoder, 2150 Wise Street, Charlottesville, Virginia, Acentech, the acoustical consulting firm for Hexagon Development, LLC, explained that his company puts sound equipment around a property to catch sound levels before a solar farm is built and review those findings around a local sound ordinance. He added that the City’s sound ordinance includes tonal elements of sound. Council Member Rector opined about the potential distance of travel of tonal elements of the inverters on the proposed solar farms. Mr. Yoder advised that is a matter that is determined on a case-by-case basis. Council Member Rector queried about the distance of the location of an inverter on a solar farm that will result in insignificant noise impact. Mr. Yoder indicated that transformers on a solar farm will result in the most noise on a solar farm. Council Member Butler Barlow, on a motion seconded by Council Member Bennett 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, Rector, Williams and Wright 7 NAYS: Council Member Johnson 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH SOLAR ENERGY FACILITIES USE ON PROPERTIES LOCATED AT 6100 CRITTENDEN ROAD; ZONING MAP 10, PARCEL 50, ACCOUNT NUMBER 252306000; CUP2024-022 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. 7 City Council Regular Meeting January 15, 2025 STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to hold a Public Hearing on February 19, 2025, for considering the adoption of an ordinance to amend Section 26-4 of the Code of the City of Suffolk to amend the polling places for the White Marsh, Southside, Airport, and Lakeside precincts Council Member Williams, on a motion seconded by Council Member Johnson, moved to hold a Public Hearing on February 19, 2025, for considering the adoption of an ordinance to amend Section 26-4 of the Code of the City of Suffolk to amend the polling places for the White Marsh, Southside, Airport, and Lakeside precincts, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 Motion – A motion to schedule a City Council Work Session, for Wednesday, February 5, 2025, at 4:00 p.m., unless cancelled, by the Mayor and the City Manager Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, February 5, 2025, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector, Williams and Wright 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 nomination for appointment to the Early Childhood Development Commission – A. Marie Baker (Early Childhood Development Commission Center based childcare representative) Council Member Johnson, on a motion seconded by Council Member Rector, moved to nominate and appoint the aforementioned individual to the respective body, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 8 City Council Regular Meeting January 15, 2025 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Communications Director Jennifer Moore provided a report on the following: the City Council Oath of Office Ceremony; the City’s observance of Martin Luther King, Jr. Day; the appointment of Economic Development Director Janet Days; the ribbon cutting for Catering Place; the tax preparation services at the Suffolk Workforce Development Center; the Suffolk Public Library’s Black History Month events; the Suffolk Authors Festival; the Suffolk Parks and Recreation Department’s East Washington Street Public Engagement Meeting and the availability of the Public Safety Portal. Council Member Bennett extended his condolences to the family of the late former Fire Chief Mark Outlaw. Council Member Bennett extended his condolences to the family of the late Dr. J.J. Ferguson. Council Member Bennett extended his condolences to the family of the late Floyd Gary. Council Member Bennett opined about the appointment of Economic Development Director Janet Days. Council Member Johnson extended his condolences to the family of the late former Fire Chief Mark Outlaw. Council Member Johnson extended his condolences to the family of the late Delois Jones. Council Member Johnson opined about the appointment of Economic Development Director Janet Days. Council Member Wright opined about the appointment of Economic Development Director Janet Days. Council Member Rector opined about the appointment of Economic Development Director Janet Days. Council Member Rector opined about an article in the Virginian-Pilot about Café Davina. Council Member Rector announced that he attended the ribbon cutting for the Catering Place. Council Member Williams extended his condolences to the family of the late Reverend J.J. Ferguson. Council Member Williams extended his condolences to the family of the late Abraham Mitchell. Council Member Williams opined about the appointment of Economic Development Director Janet Days. Vice Mayor Ward opined about Martin Luther King, Jr. Day Citywide Celebration. Vice Mayor Ward extended his condolences to the family of the late Abraham Mitchell. Vice Mayor Ward extended his condolences to the family of the late Floyd Gary. Vice Mayor Ward extended his condolences to the family of the late Reverend J.J. Ferguson. 9 City Council Regular Meeting January 15, 2025 Vice Mayor Ward extended his condolence to the family of the late Reverend Milton Blunt. Mayor Duman opined about the ribbon cutting for the Catering Place. Mayor Duman opined about the appointment of Economic Development Director Janet Days. Mayor Duman extended his condolences to the family of the late former Fire Chief Mark Outlaw. Mayor Duman opined about an article in the Virginian-Pilot about Café Davina. Mayor Duman opined about the Suffolk Parks and Recreation Department’s East Washington Street Public Engagement Meeting. Mayor Duman extended his condolences to the family of the late Abraham Mitchell. Council Member Bennett, on a motion seconded by Council Member Williams, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector, Williams and Wright 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:37 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: MAY 7, 2025 10