City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF FEBRUARY 7, 2024 WORK SESSION Begins at 4:00 p.m. REGULAR SESSION Begins at 6:00 p.m.  SUFFOLK CITY COUNCIL WORK SESSION February 7, 2024 4:00 p.m. City Council Chamber 1. Fiscal Year 2025-2034 Capital Improvements Program & Plan AGENDA: February 7, 2024, Work Session ITEM: Fiscal Year 2025-2034 Capital Improvements Program & Plan The Interim Budget Director will present the proposed Fiscal Year 2025-2034 Capital Improvements Program & Plan (CIP) as recommended by the Planning Commission to City Council. Attached for Council’s review is the Planning Commission Recommended Fiscal Year 2025-2034 CIP. It is recommended that a public hearing on the proposed CIP be scheduled for February 21, 2024, to facilitate inclusion of the first year in the Fiscal Year 2024-2025 Operating and Capital Budget. A motion to schedule a public hearing has been placed on Council’s regular session agenda. ATTACHMENT: Planning Commission Recommended FY 2025-2034 Capital Improvements Program & Plan (Provided Under Separate Cover)  SUFFOLK CITY COUNCIL AGENDA February 7, 2024 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 funds from the Virginia Department of Emergency Management for the Suffolk Department of Fire and Rescue 8. Consent Agenda – An ordinance to accept and appropriate additional funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program 9. Consent Agenda – An ordinance to accept and appropriate a FEMA grant from the United States Department of Homeland Security for the Suffolk Department of Fire and Rescue 10. Consent Agenda – An ordinance to accept and appropriate additional funds from the Virginia Department of Transportation for the Nansemond Parkway/Bennetts Pasture Road Intersection Improvements project and to appropriate and transfer funds from the General Fund Committed Fund Balance Capital Reserve Fund to the Capital Projects Fund for the required local match 11. Consent Agenda – A resolution to accept a donation of personal property for the Suffolk Department of Fire & Rescue 12. Consent Agenda – A resolution to endorse project applications under the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant Program for Fiscal Year 2024-2025 13. 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 14. Ordinances 15. Resolutions 16. Staff Report – 2045 Comprehensive Plan Update 17. Motion – A motion to schedule a public hearing to be held on February 21, 2024, to receive public comment on the Proposed Fiscal Year 2025-2034 Capital Improvements Program & Plan 18. Motion – A motion to schedule a City Council Work Session for Wednesday, February 21, 2024, at 4:00 p.m., unless cancelled 19. Non-Agenda Speakers 20. New Business 21. Announcements and Comments 22. Adjournment 2 City Council Work Session November 15, 2023 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 15, 2023, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelly Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector LeOtis L. Williams (arrived at 4:56 p.m.) Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, II, City Manager ABSENT None Mayor Duman announced that Council Member Williams was delayed. RURAL BROADBAND INITIATIVES UPDATE Utilizing a PowerPoint presentation, Eric Collins, Spectrum Communications, submitted information about the above referenced item. Information Technology Director Charles Kiriakou supplied supplemental information. Council Member Butler Barlow asked about the availability of information about the initiative for residents without internet. Information Technology Director Kiriakou advised that residents without internet could contact his department by telephone. Council Member Butler Barlow asked if information about the initiative by would be distributed by mail. Mr. Collins reported that Spectrum would not be mailing out any information about the initiative. He added that during the first phase of the initiative Spectrum provided door hangers. Council Member Johnson called for information about the number of new homes that would impacted by the initiative. Mr. Collin that approximately 2,400 additional homes would be impacted by the initiative. Council Member Bennett queried about the availability of discounts for senior citizens. Mr. Collins replied that the Affordable Connectivity Program helps ensure that households can afford the broadband, and it is available to households with children and senior citizens. 1 City Council Work Session November 15, 2023 2045 COMPREHENSIVE PLAN UPDATE – COMPREHENSIVE PLAN CENTRAL GROWTH AREA Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne gave a report about the above referenced item. Referring to the presentation, Council Member Rector asked whether the rezoning that City Council approved on Lake Kilby Road recently would have been a candidate for a City initiated rezoning in a high growth area, such as the ones identified in the presentation. Planning and Community Development Director Wyne indicated that he could not speculate on specific scenarios. Council Member Rector asked if the City had a Residential Urban-24 Zoning District. Planning and Community Development Director Wyne replied that zoning designation exists in the mixed-use core. Referring to the presentation, Council Member Rector queried about the feasibility of narrowing the Matoaka Road site, as it relates to a smaller number of homes. Planning and Community Development Director Wyne explained that staff’s recommendations are only related to density, but site conditions might require other considerations. Referring to the presentation, Council Member Bennett requested clarification about the availability of this information to the public. Planning and Community Development Wyne stated that today’s Work Session is the first opportunity for the public to receive this information. He added that after today’s Work Session, staff will prepare a draft based on City Council’s input for public review, and it will be posted on the City’s webpage. He concluded that there will also be public meetings before a final update is presented to City Council for consideration. Council Member Butler Barlow asked if affordable housing is a part of the proposed plan. Planning and Community Development Director Wyne reported that there is a chapter about affordable housing in the proposed 2045 Comprehensive Plan. Council Member Rector opined about the inclusion of villages in the 2045 Comprehensive Plan update. Planning and Community Development Director Wyne said villages will be part of the update. 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 Community Policy and Management Team, Early Childhood Development Commission, Fine Arts Commission, Human Services Advisory Board, Library Advisory Board, Local Board of Building Code Appeals, Parks and Recreation Advisory Board, Sister Cities Commission, Suffolk Redevelopment and Housing Authority, and the Tidewater Youth Services Commission. 2 City Council Work Session November 15, 2023 2. Pursuant to Virginia Code Section 2.2-3711(A)(3), the discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically, Tax Map number 10*46. Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, 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 Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 City Council convened in Closed Meeting at 4:56 p.m. The Closed Meeting concluded at 5:53 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting November 15, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 15, 2023, 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 November 15, 2023, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Johnson, on a motion seconded by Council Member Bennett, 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 NOVEMBER 15, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 15, 2023 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to approve the minutes from the July 19, 2023, and August 2, 2023, Work Sessions and Regular Meetings, 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 – Update on Holiday Events Utilizing a PowerPoint presentation, Tourism Manager Theresa Earles supplied 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 applicant for Public Hearing Item #17 - An ordinance to grant a Conditional Use Permit to establish a Convenience Store (with gasoline sales), on property located at 1869 Bridge Road, Zoning Map 5, Parcels 16, 16G, 16H, 16J, Account Numbers 251119000, 251994500, 251118500, 253058400; CUP2023-017 has withdrawn their request. Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to amend the agenda to remove Item #17 and 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 accept and appropriate funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program for Animal Shelter Services Consent Agenda Item #8 - 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 2 City Council Regular Meeting November 15, 2023 Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund Consent Agenda Item #10 - A resolution to accept a donation of a Palmer’s Dollhouse for the Suffolk Department of Fire and Rescue Consent Agenda Item #11 - A resolution approving an application to the Virginia Board of Education School Construction Assistance Program for the Northern Shores Elementary School Addition Project Consent Agenda Item #12 - A resolution to amend Resolution Number 23-R-042 regarding authorizing the City Manager to execute a Development Agreement for the Glasscock Properties, Tax Map Number 10*40 and Tax Map Number 10C*43 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 the Consent 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 PUBLIC HEARINGS Public Hearing - An ordinance authorizing the execution of a lease agreement for Box Hangar #6 at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Economic Development Director Nicolas Langford gave a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 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 EXECUTION OF A LEASE AGREEMENT FOR BOX HANGAR #6 AT THE SUFFOLK EXECUTIVE AIRPORT 3 City Council Regular Meeting November 15, 2023 Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from O-I, Office-Institutional zoning district, to RU-18, Residential Urban-18 zoning district (conditional), for property located at 7100 Bridgeway Drive, Zoning Map 6*2G, Parcel C, Account Number 306001336; RZN2023-003 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne supplied a summary of the background information as printed in the official agenda. He also advised City Council that the applicant has submitted and additional condition - “6. Development of the property will comply with the front setback and landscape buffer requirements specified in Section 31-412 (Special Corridor Overlay District) of the Unified Development Ordinance (“UDO”) set forth in the Suffolk City Code along the Bridgeway Drive frontage of the property.” The following individuals spoke in support of the proposed ordinance, with the addition of condition number six, as outlined above: Aaron Millikin, 5131 River Club Drive, Suite 210, East West Communities, applicant. Michael Templeton, 150 Beacon Run, representing self. The following individuals spoke in opposition to the proposed ordinance: Lawrence Yovoski, 5104 Captain’s Walk, representing self. John Luterman, 102 Stowe Drive, representing self. Tom Rein, 119 Suffolk Meadows Boulevard, representing self. Elizabeth Bell, 209 Stone Drive, representing self. Marty Russell, 3021 Summer House Drive, representing self. Mike Howell, 101 Shark Drive, representing self. Robert Barclay, 5111 Mariners Cove, representing Aaron Millikin, East West Communities, applicant, spoke in support of the proposed ordinance, as amended. Branch Lawson, 4009 River Park Drive, representing Aaron Millikin, East West Communities, applicant, spoke in support of the proposed ordinance, as amended. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the proposed ordinance, as presented. Council Member Fawcett inquired about the selection of a builder for the proposed development. Mr. Lawson said that a builder has not been selected at this point. 4 City Council Regular Meeting November 15, 2023 Council Member Fawcett asked if the applicant has performed a market study for the proposed development. Mr. Lawson replied in the affirmative. Council Member Fawcett queried about the timeline for breaking ground for the proposed development. Mr. Lawson stated that he anticipates breaking ground for the proposed project in June 2024. Council Member Fawcett opined about the inclusion of the proposed development in the Harbour View Owners’ Association. Mr. Lawson explained that it would require a vote of the Harbour View Owners’ Association to include the proposed development. Referring to the presentation, Council Member Rector solicited information about the sale or rental the age-restricted living units in the proposed developments. Mr. Barclay advised that there are state regulations regulating the sale or rental of age-restricted units. Council Member Johnson questioned the potential setback requirements of the adjacent warehouse in relation to the proposed development. Planning and Community Development Director Wyne said that as the adjacent warehouse is already built, but future changes to the warehouse would have to be considered by the city. Council Member Johnson requested information about the number of parking spots for each unit in the proposed development. Mr. Branch reported that each unit will be offered 1.85 spaces each. Council Member Johnson inquired about the inclusion of elevators in the proposed development. Mr. Barclay answered in the affirmative. Council Member Butler Barlow called for an explanation regarding the potential price per unit in the proposed development. Mr. Lawson estimated that each unit will probably start at approximately $350,000 each. Council Member Butler Barlow opined about the feasibility of reducing the density or the height of the buildings in the proposed development. Mr. Lawson replied that there are taller homes in Riverfront, and the proposed development would have less density than allowed by-right in the corridor. Council Member Butler Barlow asked about the enforcement of the age-restricted residency requirement. Mr. Lawson advised that state and federal regulate the restrictions. Council Member Fawcett queried about the feasibility of the applicant removing the age-restricted residency requirement, should the market for this type of housing decline. Planning and Community Development Director Wyne said, the applicant would be required to make that request to the Planning Commission and the City Council should they wish to change the restriction. City Manager Moor advised that the proposed motion requires an amendment to include the additional condition - “6. Development of the property will comply with the front setback and landscape buffer requirements specified in Section 31-412 (Special Corridor Overlay District) of the Unified Development Ordinance (“UDO”) set forth in the Suffolk City Code along the Bridgeway Drive frontage of the property.” 5 City Council Regular Meeting November 15, 2023 Council Member Williams, on a motion seconded Vice Mayor Ward, moved to approve the ordinance with conditions one through five, as presented, and the addition of condition six - “Development of the property will comply with the front setback and landscape buffer requirements specified in Section 31- 412 (Special Corridor Overlay District) of the Unified Development Ordinance (“UDO”) set forth in the Suffolk City Code along the Bridgeway Drive frontage of the property.”, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector and Williams 7 NAYS: Council Member Fawcett 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM O-I, OFFICE-INSTITUTIONAL ZONING DISTRICT, TO RU-18, RESIDENTIAL URBAN-18 ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 7100 BRIDGEWAY DRIVE, ZONING MAP 6*2G, PARCEL C, ACCOUNT NUMBER 306001336; RZN2023-003 (CONDITIONAL), AS AMENDED Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from A, Agricultural zoning district and RLM, Residential Low-Medium Density zoning district, to RLM Residential Low-Medium Density zoning district (Conditional), for property located at 539 Turlington Road; Zoning Map 43, Parcels 19 and 19P*1; Account Numbers 150196000 and 153900100; RZN2023-004 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Wyne gave a review of the background information as printed in the official agenda. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, representing Turlington Road Associates, LLC and Lacie S. Gross, property owners, spoke in support of the proposed ordinance, as presented. Ron Graydine, 543 Turlington Road, representing self, spoke in opposition to the proposed ordinance, as presented. Shirley Weeks, 640 Manning Road, representing self, spoke in opposition to the proposed ordinance, as presented, due to property claim dispute. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, representing Turlington Road Associates, LLC and Lacie S. Gross, property owners, spoke in support of the proposed ordinance, as presented. Bob Rudolph, no address provided, representing Turlington Road Associates, LLC and Lacie S. Gross, property owners, advised that there is no record of Ms. Weeks’ property claim. Hearing no additional speakers, the public hearing was closed. Vice Mayor Ward, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented. 6 City Council Regular Meeting November 15, 2023 Council Member Fawcett asked about limitations that would prohibit City Council from acting on the proposed ordinance, as it relates to the property claim dispute between Ms. Weeks and the applicant. City Attorney Hutchings advised that the legal issue raised by Ms. Weeks regarding a potential property dispute with the applicant is outside the purview of the City Council. Vice Mayor Ward, 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 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM A, AGRICULTURAL ZONING DISTRICT AND RLM, RESIDENTIAL LOW-MEDIUM DENSITY ZONING DISTRICT, TO RLM RESIDENTIAL LOW-MEDIUM DENSITY ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 539 TURLINGTON ROAD; ZONING MAP 43, PARCELS 19 AND 19P*1; ACCOUNT NUMBERS 150196000 AND 153900100; RZN2023-004 (CONDITIONAL) City Council recessed at 8:25 p.m. and reconvened at 8:34 p.m. Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Temporary shelter for indigent and homeless persons, and similar facilities with onsite residential counselors, on property located at 2361 Pruden Boulevard, Zoning Map 25A, Parcel J17; Account Number 251317000; CUP2023-020 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a synopsis of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Kevin Hughes, 442 West Washington Street, representing the City of Suffolk, the applicant. Ronald Harvey, 305 Pleasant Street, representing self. Jim Granfield, 610 West Constance Road, representing the Office of the Public Defender. Cheryl Griffin, 107 Kings Point Drive, representing self. Rebecca Brown, 2551 Eltham Avenue, Norfolk, Virginia, representing Senior Services of Southeastern Virginia. Charnitta Waters, 2551 Eltham Avenue, Norfolk, Virginia, representing Senior Services of Southeastern Virginia. Phil McPhail, 110 Pitchkettle Road, representing Coalition Against Poverty in Suffolk. Hearing no additional speakers, the public hearing was closed. 7 City Council Regular Meeting November 15, 2023 Council Member Johnson move to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Rector called for clarification about access to the proposed facility. Deputy City Manager Hughes said that there will be vehicle and pedestrian access. He added that the individuals would need to announce their arrival, and the access would be secure. Council Member Johnson, on a motion seconded by Council Member Rector, 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 TEMPORARY SHELTER FOR INDIGENT AND HOMELESS PERSONS, AND SIMILAR FACILITIES WITH ONSITE RESIDENTIAL COUNSELORS, ON PROPERTY LOCATED AT 2361 PRUDEN BOULEVARD, ZONING MAP 25A, PARCEL J17; ACCOUNT NUMBER 251317000; CUP2023-020 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Convenience Store (with gasoline sales), on property located at 1869 Bridge Road, Zoning Map 5, Parcels 16, 16G, 16H, 16J, Account Numbers 251119000, 251994500, 251118500, 253058400; CUP2023-017 This item was withdrawn at the request of the applicant; therefore, no action was required by City Council. Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007 (This item was continued from the September 20, 2023, City Council meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne provided a review of the background information as printed in the official agenda Denise Murden, 4041 Kingston Parkway, representing Citizens Voice, called for the continuance of the proposed ordinance. Barbara Nelson, 1431 Terminal Boulevard, Norfolk, Virginia, Vice President of Development, Port of Virginia, spoke in support of the proposed ordinance. Tom Rein, 119 Suffolk Meadows Boulevard, representing Citizens Voice, called for a continuance of the proposed ordinance. Elizabeth Bell, 209 Stowe Drive, representing self, spoke in opposition to the proposed ordinance. Hearing no other speakers, the public hearing is closed. 8 City Council Regular Meeting November 15, 2023 Vice Mayor Ward sought clarification about the staff’s solicitation of citizen input on the proposed ordinance. Planning and Community Development Director Wyne reported that the City received input from Citizens Voice and members of the development community. Vice Mayor Ward asked about the lack of inclusion of the input submitted by Citizens Voice in the proposed ordinance. Planning and Community Development Director Wyne explained that staff incorporated as much input as is legally feasible. Members of City Council opined about the proposed ordinance. Council Member Fawcett queried about the feasibility of amending the proposed ordinance in the future. Planning and Community Development Director Wyne said that the proposed ordinance could be amended in the future. Council Member Butler Barlow opined about the feasibility of simplifying the setbacks in the proposed ordinance. Planning and Community Development Director Wyne explained that setbacks will depend on the size of the specific parcel and other factors unique to each site. Council Member Butler Barlow opined about building heights and the relation to setbacks in the proposed ordinance. Planning and Community Development Director Wyne advised that matter is addressed in the City’s Unified Development Ordinance, not in the proposed ordinance. He added that the proposed ordinance is attempting to alleviate the current situation, which allows for building right up to the property line. Council Member Butler Barlow requested clarification about a vegetation requirement. Planning and Community Development Director Wyne stated that there is a vegetation requirement in circumstances. Council Member Rector, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as amended, 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 CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, TO ADD SECTION 31-726, WAREHOUSES AND WAREHOUSING; OTA2023-007, AS AMENDED ORDINANCES Ordinance - An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map Parcel 30*3C created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne furnished an overview of the background information as printed in the official agenda. 9 City Council Regular Meeting November 15, 2023 Council Member Fawcett, on a motion seconded by Council Member Johnson, 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 GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP PARCEL 30*3C CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report - Significant Land Use Application Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a summation of the background information as printed it the official agenda. Council Member Fawcett asked about the availability of utilities and infrastructure to accommodate residential development on Hosier Road. Planning and Community Development Director Wyne replied in the negative. MOTIONS Motion - A motion to schedule a Public Hearing for December 6, 2023, to receive public comment on an ordinance authorizing the acquisition of permanent easements, either by agreement or condemnation, for the Downtown Sanitary Sewer Rehabilitation and Replacement Project Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to schedule a Public Hearing for December 6, 2023, to receive public comment on an ordinance authorizing the acquisition of permanent easements, either by agreement or condemnation, for the Downtown Sanitary Sewer Rehabilitation and Replacement Project, 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 Motion - A motion to schedule a joint Work Session of City Council and the School Board, for Wednesday, December 6, 2023, at 3:00 p.m., unless cancelled 10 City Council Regular Meeting November 15, 2023 Council Member Rector, on a motion seconded by Council Member Williams, moved to schedule motion to schedule a joint Work Session of City Council and the School Board, for Wednesday, December 6, 2023, at 3:00 p.m., unless cancelled, 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 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. NEW BUSINESS Council Member Williams, on a motion seconded by Council Member Rector, moved to suspend City Council’s Rules of Order and Procedure to forgo City Council Comments, 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 City’s observance of the Thanksgiving holiday; the Christmas Open House and Artisan Gift Market; the Suffolk Parks and Recreation Department’s Festival of Lights Sleepy Hole Park; Suffolk Small Business Saturday; the Farm-to-Table Thanksgiving Suffolk Farmers Market; and the Suffolk Parks and Recreation Department’s Grand Illumination. Council Member Fawcett, 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, 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 10:42 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 11 Special Presentations Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: February 7, 2024, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate funds from the Virginia Department of Emergency Management for the Suffolk Department of Fire and Rescue The City has received a $21,781 grant from the Virginia Department of Emergency Management in support of the Suffolk Department of Fire and Rescue. The funding will be used for emergency management salary match. Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Consolidated Grants Fund budget for Fiscal Year 2023-2024. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Consolidated Grants Fund by $21,781 for the above-noted purpose and requires $21,781 in local fund support which is provided for in the Department of Fire and Rescue Fiscal Year 2023-2024 operating budget. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Award Agreement AGENDA: February 7, 2024, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate a FEMA grant from the United States Department of Homeland Security for the Suffolk Department of Fire and Rescue Suffolk Fire & Rescue has been awarded a grant in the amount of $4,115,448 from the United States Department of Homeland Security for the Staffing for Adequate Fire and Emergency Response (SAFER) program to hire 18 additional firefighters. The funding, administered by the Federal Emergency Management Agency (FEMA), is part of a total of $216 million dollars awarded to an estimated 133 Fire Departments across the country, intended to assist in the increase of the number of firefighters to meet industry minimum standards and to attain 24-hour staffing to provide adequate fire protection from fire and fire-related hazards. Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Consolidated Grants Fund budget for Fiscal Year 2023-2024. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Consolidated Grants Fund budget by $4,115,448 for the above-noted purpose and does not require local fund support. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Award Letter >pendix A Revision 5 Date: 1/11/20'L oject Number: 0337-133-R90 UPC: 107265 CFOA # N/A Locality: City of Suffolk oject Location ZIP+4: 23435-3257 Locality UEI # FBEDV4G5MF3 Locality Address (incl ZIP+4): 442 Market Street Suffolk VA 23434-5238 Project Narrative irk Nansemond Pkwy/Bennetts Pasture Rd Intersection Improvements - Reconstruction and realignment intersection to include turn lanes, scription: traffic signal and roadway realignment )m: Nansemond River High School Sportsman Boulevard ::allty Proiect Manager Contact info : Courtney Barrett 757-514-7687 cbarrett@suffolkva.us partment Project Coordinator Contact Info: Marcus Young 757-956-3099 Marcus.Young@vdot.virginia.gov Project Estimates Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost :imated Locality Project Expenses $1,678,356 $1,405,958 $12,234,809 $15,319,123 :imated VDOT Project Expenses $25,000 so $5,000 $30,000 :imated Total Project Costs $1,703,356 $1,405,958 $12,239,809 $15,349,123 Project Cost and Reimbursement Estimated Maximum Reimbursement to Funds type Local % Participation Reimbursement Phase Estimated Project Costs Local Share Amount Locality (Choose from drop down box) for Funds Type (Estimated Cost - Local (Max. Reimbursemen Share) Est. VDOT Expense� iliminary Engineering $1,703,356 Revenue Sharing 50% $851,678 $851,678 Total PE $1,703,356 $851,678 $851,678 Iht of Way & Utilities $1,405,958 Revenue Sharing 50% $702,979 $702,979 Total RW $1,405,958 $702,979 $702,979 nstruction $11,684,809 Revenue Sharing 50% $5,842,405 $5,842,405 $555,000 Local Funds 100% $555,000 so Total CN $12,239,809 $6,397,405 $5,842,405 tal Estimated Cost $15,349,123 $7,952,062 $7,397,062 $7,367,062 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $7,397,0 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $7,367,0 Project Financing Aggregate Revenue Sharing Revenue Sharing Allocations State Match Local Match Local Funds $7,397,062 II $7,397,061 II $555,000 I II I $15,349,123 Program and Project Specific Funding Requirements "his Project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. ·he LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the Project be altered by the LOCALITY subsequent to Project completic hout approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the PARTMENT. "his is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $7,397,062 !eimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. 111 local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. "his Appendix A supersedes all previous versions signed by VDOT and the LOCALITY. s attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official Date Authorized VDOT Official Date Revised: February 1, 2019 AGENDA: February 7, 2024, Regular Session ITEM: 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 Attached for City Council’s consideration is an ordinance authorizing a second amendment to the lease for the Whaleyville Communications Tower with Cellco Partnership d/b/a/ Verizon Wireless. On January 1, 2005, the City entered into a lease with Cellco Partnership d/b/a Verizon Wireless (“Cellco”) for space at the Whaleyville Communications Tower site located at 6201 Whaleyville Boulevard. The first amendment was executed on November 15, 2017, and provided for a modification of the equipment that Cellco could install on the tower. Cellco has requested to amend the lease to modify the term payment schedule. The Department of Information Technology has reviewed and approves of the modifications. BUDGET IMPACT: Payment for calendar year 2024 will be reduced by $6,560. However, the total term of the lease will extend from four (4) additional optional five year terms to eight (8) additional optional five year terms. If all optional terms are exercised, the lease will expire December 31, 2068. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Draft Second Amendment to Lease Notice of Public Hearing ORDINANCE NUMBER ____________ 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 WHEREAS, on October 16, 2002, the Council of the City of Suffolk, Virginia passed Ordinance Number 107-02 for the approval of a lease between the City of Suffolk and Cellco Partnership, d/b/a/ Verizon Wireless (“Cellco”) for approximately 800 square feet of ground space and other rights, including the use of an 800-foot guy supported tower, all located at 6201 Whaleyville Boulevard in the City of Suffolk for the purpose of installing communication facilities; and, WHEREAS, the City and Cellco entered into a lease for a forty (40) year term which commenced on January 1, 2005; and, WHEREAS, the City and Cellco entered into the first amendment to the lease on November 15, 2017, which provided for a modification of the equipment that Cellco could install on the tower; and, WHEREAS, Cellco desires to amend the lease from four (4) additional optional five year terms to eight (8) additional optional five years terms. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia that: Section 1. The Council of the City of Suffolk, Virginia hereby approves the second amendment to the Whaleyville Communications Tower Lease between the City and Cellco, in substantially the same form as presented in the attached second amendment to lease, and the City Manager is authorized and directed to do all things necessary to enter into such lease amendment. Section 2. This ordinance shall be effective upon its passage and shall not be published. READ AND PASSED: _____________________ TESTE: __________________________________ Erika S. Dawley, City Clerk Approved as to Form: ________________________________ William E. Hutchings, Jr., City Attorney VzW Site Name/ID: Whaleyville / 5000115226 SECOND AMENDMENT TO LEASE This Second Amendment to Lease (“Second Amendment”) is made, and shall be effective, as of the last date of the signatures below (“Effective Date”), between City of Suffolk, Virginia (“Lessor”), and Cellco Partnership d/b/a Verizon Wireless (“Lessee”). Lessor and Lessee (or their predecessors in interest) entered into that certain Lease dated January 1, 2005, as may have been previously amended and/or assigned, (the “Lease”), pursuant to which Lessee is leasing or licensing from Lessor a portion of that certain property located at 6201 Whaleyville Boulevard, in Whaleyville, City of Suffolk, Virginia, as more particularly described in the Lease. Lessor and Lessee may be referenced in this Second Amendment individually as a “Party” or collectively as the “Parties.” In consideration of the mutual covenants and promises contained in this Second Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree to amend the Lease as follows: 1. Term. Notwithstanding anything contained in the Lease to the contrary, the Lease shall expire on December 31, 2023. Commencing on January 1, 2024, the Lease shall be extended for 5 years (“Initial Extension Term”). The term of the Lease shall thereafter automatically extend for 8 additional terms of 5 years each (each, an “Additional Extension Term”), unless Lessee terminates the Lease by giving Lessor notice of such termination at least 30 days prior to the expiration of the Initial Extension Term or then-current Additional Extension Term. 2. Rent. Commencing on January 1, 2024, the annual rent during the Initial Extension Term shall be $28,000.00 to be paid annually in advance to Lessor or such other person as Lessor may designate in writing at least 30 days in advance of any rental payment date. Thereafter, commencing on January 1, 2029, monthly rent for each Additional Extension Term shall increase by 15% upon commencement of each Additional Extension Term. 3. Rent Credit. This Second Amendment provides for a reduction in rent, effective January 1, 2024. The Parties acknowledge and agree that Lessee shall be entitled to a credit in the event of any overpayment of rent resulting from said reduction in rent. Such credit shall be applied against Lessee’s rent due under the Lease. 4. Continued Effect. Except as amended hereby, all of the other terms and conditions of the Lease shall remain in full force and effect. In the event of a conflict between any term and provision of the Lease and this Second Amendment, the terms and provisions of this Second Amendment shall control. In addition, except as otherwise stated in this Second Amendment, all initially capitalized terms shall have the same respective defined meaning stated in the Lease. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Second Amendment. 5. Ratification and Reaffirmation. Lessor and Lessee do hereby ratify, reaffirm, adopt, contract for and agree to be, or continue to be, bound by all of the terms and conditions of the above-referenced Lease. Except as modified by this Second Amendment, all of the terms and conditions of the Lease are incorporated by reference herein as if set forth at length. It is acknowledged and agreed that the execution of this Second Amendment by the Parties is not 1 VzW Firecracker Amendment – August 25, 2023 VzW Site Name/ID: Whaleyville / 5000115226 intended to and shall not constitute a release of either Party from any obligation or liability which said Party has to the other pursuant to the Lease. [SIGNATURE PAGE TO FOLLOW] 2 VzW Firecracker Amendment – August 25, 2023 VzW Site Name/ID: Whaleyville / 5000115226 IN WITNESS WHEREOF, this Second Amendment is effective and entered into as of the date last written below. Lessor: City of Suffolk, Virginia By: Name: ______________________________ Title: ______________________________ Date: Lessee: Cellco Partnership d/b/a Verizon Wireless By: Name: Sergei Mislevy Title: Executive Director-Network Engineering/Real Estate Date: 3 VzW Firecracker Amendment – August 25, 2023  CITY OF SUFFOLK, VA NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Suffolk, Virginia, will hold a Public Hearing in accordance with Section 15.2-1813 of the Code of Virginia of 1950, as amended, to consider a second amendment to the current lease at the Whaleyville Communication Tower site located at 6201 Whaleyville Boulevard, Suffolk, Virginia. Cellco Partnership d/b/a/ Verizon Wireless has requested a second amendment to the lease with the City of Suffolk for space at the Whaleyville Communications Tower site. The proposed amendment would modify the lease term payment schedule from four (4) additional optional five year terms to eight (8) additional optional five year terms. The Public Hearing, at which all interested persons are encouraged to speak, will be held during City Council’s regular meeting at 6:00 PM on February 7, 2024, in the City Council Chambers located in Suffolk City Hall at 442 West Washington Street, Suffolk Virginia. Any interested party whose participation in this meeting would require accommodation of a disability should contact Albert S. Moor, City Manager at 514-4001. Ordinances Resolutions AGENDA: February 7, 2024, Regular Session ITEM: Staff Report – 2045 Comprehensive Plan Update Staff from the Department of Planning will provide information on the 2045 Comprehensive Plan project. AGENDA: February 7, 2024, Regular Session ITEM: Motion - A motion to schedule a public hearing to be held on February 21, 2024, to receive public comment on the Proposed Fiscal Year 2025-2034 Capital Improvements Program & Plan A public hearing is required to receive public comment on the Proposed FY 2025-2034 Capital Improvements Program & Plan (CIP). RECOMMENDATION: Schedule a public hearing for February 21, 2024, to obtain public comment on the proposed FY 2025-2034 CIP.  Motion to schedule a City Council Work Session for Wednesday, February 21, 2024, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments