City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF JANUARY 18, 2023 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION January 18, 2023 4:00 p.m. City Council Chamber 1. Land Use Application Process Updates 2. Parks and Recreation Updates and Repdate 3.* Appointments 4.* Disposition of Real Estate Tax Map 44*62 5* Disposition of Real Estate Tax Map 64A*T104 * Proposed Items for Closed Session AGENDA: January 18, 2023, Work Session ITEM: Land Use Application Process Updates Staff will provide updates on the Land Use application process. AGENDA: January 18, 2023, Work Session ITEM: Parks and Recreation Accreditation Update Staff will provide City Council with a Parks and Recreation accreditation update.  SUFFOLK CITY COUNCIL AGENDA January 18, 2023 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – An ordinance to accept and appropriate American Rescue Plan Act Tourism Recovery Program funding from the Virginia Tourism Corporation for the Suffolk Department of Tourism 8. Consent Agenda – An ordinance to accept and appropriate a V-STOP Reduction in Domestic Violence Grant from the Virginia Department of Criminal Justice Services 9. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services Operation Ceasefire Grant Program for the Suffolk Commonwealth’s Attorney’s Office 10. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program and Extended Polystyrene Campaigns 11. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Emergency Management for the Suffolk Department of Fire and Rescue 12. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Transportation State of Good Repair Program and to transfer local Urban Maintenance Funds for repaving sections of locally owned road segments 13. Public Hearing – A Land Lease Agreement by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC for cable utility cabinet locations on City owned property at the North Suffolk Library, Tax Map 12*31G*1 14. Public Hearing – A Land Lease Agreement by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC for cable utility cabinet locations on City owned property at the G. Robert House Water Treatment Plant, Tax Map 10*53 15. 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 zoning district, to M-2, Heavy Industrial zoning district (Conditional), for property located at Zoning Map 6, Parcel 36, Account Number 306001420; RZN2022-012 (Conditional) 16. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Sewage Treatment Plant, Utility facility, not specifically enumerated, and outdoor operations and storage on property located at 6909 Armstead Road, Zoning Map 6, Parcels 1D and 36; Account Numbers 304219400 and 306001420; CUP2022-025 17. Public Hearing – An ordinance to grant a Conditional Use Permit to restore a nonconforming residential structure to an extent of greater than 50% of its replacement cost, on property located at 7622 South Quay Road, Zoning Map 50, Parcel 82D; Account Number 152870000; CUP2022-030 18. Public Hearing – An ordinance to Amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-411, Use Patterns; OTA2022-006 19. Public Hearing – An ordinance to reconsider previously approved rezoning, RZN2022-004 (Conditional), in order to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions, for the Bennett’s Creek Quarter Development, Zoning Map 12, Parcels 32*1, 32*2, 32*3, 32*4, and 32*CH*1, Account Numbers 306004377, 306004378, 306004379, 306004380, and 306004381; RZN2022-004 (Conditional) 20. Public Hearing – An ordinance to grant a Conditional Use Permit to establish the use parking, commercial (not owned or operated by a public agency) on property located at 130 Maya Way, Zoning Map 20*22J, Parcel 3; Account Number 306004631; CUP2022-022 (This item was continued from the December 21, 2022, City Council Meeting.) 21. Ordinances 22. Resolutions 23. Staff Report - Public Safety Updateublic Safety Update 2 24. Motion – Motion to schedule a joint meeting of City Council and the School Board for Wednesday, February 1, 2023, at 3:00 p.m., unless cancelled 25. Non-Agenda Speakers 26. New Business 27. Announcements and Comments 28. Adjournment 3 City Council Work Session July 6, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 6, 2022, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Tracey L. Sanford, Deputy City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None 2022 LEGISLATIVE UPDATE Utilizing a PowerPoint presentation, Mindy Carlin, President, Access Point Public Relations, the City’s legislative consultant, gave a report about the above referenced item. Utilizing a PowerPoint presentation, City Attorney William Hutchings, Assistant City Attorney Sean Dolan, Assistant City Attorney Rebecca Powers and Assistant City Attorney Stephanie Pough supplied a review of the above referenced item. Mayor Duman asked that copies of the presentations be shared with City Council. Referring to the presentation, Council Member Ward requested details about Virginia’s African American Cemeteries funding application. Ms. Carlin advised that information can be provided. Referring to the presentation, Council Member Fawcett asked about the feedback received regarding financing for the Kings Highway Bridge. Ms. Carlin replied that they are analyzing the request and working with staff for future sessions. Referring to the presentation, Council Member Williams inquired about the meaning of BPOL tax. Ms. Carlin said it is the Business, Professional and Occupational License tax. 1 City Council Work Session July 6, 2022 Referring to the presentation, Vice Mayor Bennett asked about special local license plates. Assistant City Attorney Dolan explained that localities are authorized to pay the initial costs for the development and issuance of special license plates displaying the seal, symbol, emblem, or logotype of the locality in lieu of collecting 350 paid applications for such license plates. Referring to the presentation, Mayor Duman asked whether any of the actions taken by the General Assembly would require changes to the City Code. City Attorney Hutchings responded that the City Code would need to be amended to increase military leave from 14 to 28 days. BOUNDARIES OF VOTING PRECINCTS IN BOROUGHS AND POLLING PLACES City Attorney Hutchings offered introductory remarks and reported that the Virginia Attorney General’s office did not register objections to the City’s boundaries and precincts. Utilizing a PowerPoint, Deputy City Manager Kevin Hughes gave a report about the above referenced topic. City Attorney Hutchings concluded by explaining that since Hollywood and John F. Kennedy Middle School precincts are split precincts as they relate to Virginia Delegate races, the City will have to apply for a waiver from the Virginia Department of Elections. Referring to the presentation, Vice Mayor Bennett asked whether voters were notified. Deputy City Manager Hughes said voters were not notified yet since approval from the State was just received. He added that voters will be notified as required by law. Referring to the presentation, Vice Mayor Bennett inquired about the voting location at Nansemond River High School. Deputy City Manager Hughes advised that those discussions would take place in the future. Referring to the presentation, Council Member Ward requested a contrast of the changes in the Nansemond Borough. City Attorney Hutchings said there is a new polling place in Pughsville at New Hope Baptist Church. Referring to the presentation, Council Member Williams asked whether voters would be notified of changes. Deputy City Manager Hughes said voters would be notified by the Office of the Registrar as required by law. 2 City Council Work Session July 6, 2022 CLOSED MEETING City Clerk Dawley presented the Closed Meeting motion for City Council’s consideration: 1. Pursuant to Virginia Code Sections 2.2-3711(A)(8) and (A)(1), the consultation with legal counsel employed by a public body regarding specific legal matters requiring the legal advice of such counsel, and the discussion, consideration, or interviews of prospective candidates for appointment and the assignment, appointment, and performance of specific public officers or appointees of the City, specifically the appointments as shown on the attached list for vacancies or term expirations for the Clean Community Commission, Early Childhood Development Commission, Hampton Roads Planning District Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Sister Cities Commission, Tidewater Youth Services Commission, and Western Tidewater Water Authority; and 2. Pursuant to Virginia Code Section 2.2-3711(A)(8) consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel regarding legal issues related to minor subdivision approvals. Council Member Fawcett, on a motion seconded by Council Member Williams, moved that City Council convene in a closed meeting for the above referenced purposes, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 City Council convened in Closed Meeting at 5:00 p.m. The Closed Meeting concluded at 5:20 p.m. Teste: ____________________________________________ Tracey L. Sanford, CMC, Deputy City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting July 6, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 6, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. (arrived at 6:13 p.m.) LeOtis L. Williams Tracey L. Sanford, Deputy 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 Goldberg offered the Invocation and led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION Deputy City Clerk Sanford presented a resolution certifying the Closed Meeting of July 6, 2022, 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 Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson and Williams 7 NAYS: None (Council Member Ward was not present at the time of the vote.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JULY 6 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 6, 2022 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the January 5, 2022, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson and Williams 7 NAYS: None (Council Member Ward was not present at the time of the vote.) 0 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “National Public Safety Telecommunicators Week” Mayor Duman presented the proclamation to Police Chief Alfred Chandler and Communication Officer Brandee Curl. Police Chief Chandler offered remarks. Special Presentation - A proclamation in recognition of Parks and Recreation Month Mayor Duman presented the proclamation to Parks and Recreation Director Mark Furlo, who offered comments. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman said that a motion was in order at this time to adopt the agenda, as presented. Council Member Williams, on a motion seconded by Council Member Johnson, adopt the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson and Williams 7 NAYS: None (Council Member Ward was not present at the time of the vote.) 0 AGENDA SPEAKERS There were no items 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 9-1-1 Services Board Public Safety Answering Point Grant Program for the Suffolk Police Department Consent Agenda Item #8 - An ordinance to accept and appropriate Fiscal Year 2022-2023 Community Development Block Grant and Home Investment Partnership Program funding from the United States Department of Housing and Urban Development 2 City Council Regular Meeting July 6, 2022 Consent Agenda Item #9 - An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within Phase 3 of the Cluster Subdivision Plat for The Preserve at Lake Meade, Tax Map Number 25, Parcel 69*69A*PT34*6; Account Number 252846000; FSB2022-00006 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 Goldberg, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson and Williams 7 NAYS: None (Council Member Ward was not present at the time of the vote.) 0 PUBLIC HEARINGS Public Hearing – A public hearing to receive public comment on a resolution authorizing the City Manager to execute the Nonexclusive Master Lease Agreement with the Southside Network Authority Utilizing a PowerPoint presentation, Information Technology Director Charles Kiriakou supplied a summation 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 Goldberg, moved to approve a resolution authorizing the City Manager to execute the Nonexclusive Master Lease Agreement with the Southside Network Authority, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NONEXCLUSIVE MASTER LEASE AGREEMENT WITH THE SOUTHSIDE NETWORK AUTHORITY ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were not items under this portion of the agenda. 3 City Council Regular Meeting July 6, 2022 STAFF REPORTS Staff Report – Capital Projects Update Utilizing a PowerPoint presentation, Capital Programs and Buildings Director Gerry Jones, Public Works Director Robert Lewis, and Public Utilities Director Paul Retel provided a summation of the aforementioned matter. Referring to the presentation, Council Member Goldberg opined about the total cost of the mentioned projects. Referring to the presentation, Council Member Fawcett solicited information about the sign boards located on Route 17. Public Works Director Lewis advised they are information boards for travelers. As a follow up question, Council Member Fawcett asked about the location of the signs. Public Works Director Lewis replied the signs would be located in front of the American Automobile Association building on Bridge Road, and there will be one on Harborview Boulevard. Referring to the presentation, Council Member Fawcett queried about the inclusion of the turn lane for Bernhowe Manor Lane in the Route 17 project. Public Works Director Lewis advised that staff is examining the feasibility of that matter. Referring to the presentation, Council Member Fawcett requested clarification about the replacement of the wooden curbs in older neighborhoods in the City. Public Works Director Lewis explained that should it be the will of City Council to fund the removal of the wooden curbs citywide, then those improvements could proceed. Referring to the presentation, Council Member Ward queried about the occurrence of community outreach to the Pughsville residents regarding the drainage project in the area. Public Works Director Lewis replied in the affirmative. Staff Report – Public Safety Update Utilizing a PowerPoint presentation, Police Chief Alfred Chandler gave a report about the above referenced matter. MOTIONS Motion – A motion to schedule a public hearing for July 20, 2022, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and temporary easements, either by agreement or condemnation, for the Pitchkettle Road Realignment Project 4 City Council Regular Meeting July 6, 2022 Council Member Johnson, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing for July 20, 2022, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and temporary easements, either by agreement or condemnation, for the Pitchkettle Road Realignment Project, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule a public hearing to be held on July 20, 2022, to amend and reordain Chapter 26 of the Code of the City of Suffolk, Virginia, “Elections”, pertaining to the boundaries of precincts in boroughs, and polling places Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a public hearing to be held on July 20, 2022, to amend and reordain Chapter 26 of the Code of the City of Suffolk, Virginia, “Elections”, pertaining to the boundaries of precincts in boroughs, and polling places, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to cancel the August 3, 2022, City Council Meeting Members of City Council opined about conducting the August 3, 2022, City Council meeting. No action was taken on the proposed motion. Motion - A motion to schedule a City Council Work Session, for Wednesday, July 20, 2022, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Ward, moved to schedule a City Council Work Session, for Wednesday, July 20, 2022, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Ayanna Johnson, 204 Blackstone Lake, spoke about Sickle Cell Disease as a patient and social impact component of the Miss America Pageant system. She further opined about the need for health care for adults with Sickle Cell Disease in the area. NEW BUSINESS There were no items under this portion of the agenda 5 City Council Regular Meeting July 6, 2022 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: the Hampton Roads Valor Awards; the upcoming Broadband Groundbreaking; the Suffolk Commonwealth’s Attorney’s Back to School Drive; Bon Secours Care-A- Van schedule at the East Suffolk Recreation Center; Assistant City Attorney Stephanie Pough’s receipt of the South Hampton Roads Bar Association’s Public Practitioner of the Year Award; Suffolk Project Lifesaver’s Search and Rescue Drone Dedication; the Suffolk Center for Cultural Arts’ Summer of Adventure event; the Commissioner of the Revenue’s property tax appeals clinic schedule; the completion of the Kingsboro Guardrail Mural; the 2022 Suffolk Peanut Fest theme, “Broad Stripes, Bright Stars and Patriotic Guitars”; information about Eastern Equine Encephalities and West Nile Virus; the occurrence of algae blooms; the availability of mosquito dunks; Suffolk Sweets Week; opening of registration for National Night Out; and information on the Suffolk 2045 Comprehensive Plan update. Council Member Goldberg congratulated Ms. Johnson on her crowning as Miss Outstanding Teen Virginia. Council Member Williams congratulated Ms. Johnson on her crowning as Miss Outstanding Teen Virginia. Council Member Williams announced that he attended the Hampton Roads Chamber of Commerce’s Leadership Exchange in Charlotte, North Carolina. Council Member Williams reported he attended the Hollywood/Jericho Civic League and the Saratoga/Philadelphia Civic League meetings. Council Member Williams asked City Manager Moor for a status report on recently reported constituent requests. Council Member Ward congratulated Ms. Johnson on her crowning as Miss Outstanding Teen Virginia. Council Member Ward reported he attended the Hampton Roads Chamber of Commerce’s Leadership Exchange in Charlotte, North Carolina. Council Member Ward opined about redistricting and land development. Council Member Ward opined about the City’s future attendance at the Nansemond Suffolk NAACP Freedom Fund event. Council Member Butler Barlow congratulated Ms. Johnson on her crowning as Miss Outstanding Teen Virginia. Council Member Butler Barlow said she attended the Crittenden Independence Day event. Council Member Butler Barlow encouraged residents to participate in Suffolk 2045 Comprehensive Plan update. Council Member Butler Barlow announced that the Virginia Department of Agriculture and Consumer Services Board of Directors would visit Suffolk this summer. 6 City Council Regular Meeting July 6, 2022 Council Member Butler Barlow offered condolences to the family of the late former Suffolk School Board Member and John Yeates Middle School principal Billy Whitley. Council Member Johnson congratulated Ms. Johnson on her crowning as Miss Outstanding Teen Virginia. Council Member Johnson reported he attended the Project Lifesaver drone event. Council Member Fawcett congratulated Ms. Johnson on her crowning as Miss Outstanding Teen Virginia. Council Member Fawcett opined about the Hampton Roads Chamber of Commerce Valor Awards. Council Member Fawcett opined about Project Lifesaver. Vice Mayor Bennett congratulated Ms. Johnson on her crowning as Miss Outstanding Teen Virginia. Vice Mayor Bennett offered congratulation to Assistant City Attorney for her receipt of the South Hampton Roads Bar Association’s Public Practitioner of the Year Award. Vice Mayor Bennett commented on the advertising for the Bon Secours Care-a-van schedule. Vice Mayor Bennett opined about Project Lifesaver. Vice Mayor Bennett offered condolences to the family of the late Jesse Trent. Vice Mayor Bennett reported he attended the City’s Independence Day Celebration. Mayor Duman congratulated Ms. Johnson on her crowning as Miss Outstanding Teen Virginia. Mayor Duman offered comments about the National Night Out kickoff. Mayor Duman announced he attended the Sister Cities fundraiser for Mercy Chefs. Mayor Duman opined about the Nansemond Suffolk NAAACP Freedom Fund event. Mayor Duman reported on the City’s Education Committee meeting. Council Member Goldberg, on a motion seconded by Council Member Williams, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 7 City Council Regular Meeting July 6, 2022 There being no further business to come before City Council, the regular meeting was adjourned at 8:20 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 8 Special Presentations Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers Ordinances Resolutions AGENDA: January 18, 2023, Regular Session ITEM: Staff Report – Public Safety Update Suffolk Police Chief Alfred S. Chandler, Jr. and Suffolk Fire Chief Michael J. Barakey will provide City Council with an update on public safety events. Motion to schedule a joint meeting of City Council and the School Board for Wednesday, February 1, 2023, at 3p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments