[1:57] Please stand for the invocation by Councilman Rector, which will be followed by the plan. We thank you for the opportunity to gather this evening in your presence to serve the citizens of this great city. Help us as we navigate our way through the issues that are before us this evening. We choose to look at matters that have the potential to divide us more as operated by oceans. We remain for the most part untouched by the wars and violence that seem to encompass so much of the rest of the planet. We may live in trouble times, but trouble times

[2:27] have been with us in the past and will be with us in the future.

[2:31] To quote Eric Greydens, the former governor,

[2:33] mean fear and suffering.

[2:35] Yet from pain can come with them,

[2:37] suffering can come strength.

[2:39] If we have here at home, we pray for all of our first responders.

[2:43] They are the ones and begin the healing and recovering process.

[2:45] How we are safe here at home, we pray

[2:47] and protect us from the many threats that exist.

[2:49] We send our prayers out particularly to their families here at home

[2:52] who live day-to-day with the fear that comes from knowing

[2:55] their loved ones in harm's way will so dear. We continue to be the enemy of the world

[3:01] in the place that many would love to be able to call home. Finally, as we celebrated,

[3:06] what would have been Dr. Martin Luther King, Jr.'s 95th birthday, I would like my name.

[3:11] Oh, man, thank you,

[3:25] Councilman Rector, for that moving in.

[3:27] The information act certification is required at this time, Madam Clerk. Please present.

[3:33] Resolution certifying the close before pursuant to Virginia Code Section 2.2-3712.

[5:00] Number 1-2. Now, therefore, be it resolved that the city council of the city of Suffolk hereby certifies that the best of each member's knowledge, only public business matters lawfully exempted from the open meeting requirements of Virginia law, and only such public business matters as were identified in the motion convening the closed meeting were heard discussed or considered by the city council of the city of Suffolk in the closed meeting.

[5:22] Councilor motion be in order. Councilman Fossett.

[5:25] Councilman Fossett. Councilman Johnson. Second.

[5:30] Second from Councilman Johnson. Is there any discussion of the motion?

[5:33] Hearing none. Councilmembers prepare to vote. Please cast your vote. Madam Clerk, please

[5:39] record the vote.

[5:43] The motion is approved by vote of 7-0.

[5:46] We're now moved to approval of the minutes from the October 18, 2023. In November 1, 2023,

[5:52] three work stations and regular meetings and a motion we'd be in order.

[5:57] Councilman Williams, full move and a motion for approval from Councilman Williams, Councilman

[6:01] Rector. We have a second from Councilman Rector. It's only a discussion of the motion.

[6:08] Very none. Councilmembers prepared a vote. Please cast your votes. Madam Clerk, please

[6:14] report to vote.

[6:18] Motion is approved by vote of 7-0. At this time we will consider the removal

[6:23] of items from the consent agenda and adoption of the entire agenda as presented. Removal

[6:28] of any item from the consent agenda would only be necessary if any member of City Council

[6:33] wishes to vote on a specific item separately, and a motion would be required. Questions

[6:39] and requests for information on specific agenda items can be addressed during the consideration

[6:43] of the Consent Agenda after the Agenda Speakers.

[6:47] Additionally, City Manager Moore has information regarding public hearing item number 11.

[6:52] Mr. Manager, please provide City Council with an overview.

[6:55] Mayor Vice Mayor, members of Council, staff is in receipt of a written request from the applicant's agent to defer item 11.

[7:02] CUP 2023-018 for 90 days to replace it on City Council's April 17th, 2024 regular session meeting.

[7:12] The following are the specifics.

[7:15] Item 11 is a public hearing to consider the ordinance to grant the conditional use permit

[7:19] to establish a solar energy facility on property located on Hozier Road, Zoning Map 45,

[7:26] parcel 5, 5A, 6778, 7B, 7C, and 7D.

[7:32] The count numbers 0 5 0 6 4 8 0 0 0 0 5 3 2 8 0 7 0 0 0 5 1 1 3 1 0 0 0 0 5 2 6 9 1 0 0 0 0

[7:53] and 0-5184-3,000, 0-511-30000 and 0-517-5100.

[8:06] CUPE-2023-018.

[8:10] At this time, I would ask City Council's consideration

[8:12] of a motion to defer item 11 from this evening's agenda

[8:16] until April 17, 2024 City Council meeting

[8:20] until Dr. Remainer of the agenda has presented.

[8:24] Okay, before we move forward, I heard at the beginning of the meeting and forgot to mention

[8:28] as you can see the Council Member of Butler Barlow is not here and she has been excused.

[8:34] So with that being said in relation to in regards to the agenda just for clarity,

[8:42] anyone who is in attendance tonight regarding public hearing item number 11,

[8:46] Noted to City Manager has advised that the applicant has requested, requested the City Council

[8:51] continue, consideration of this item to the April 17, 2020, 24-City Councilman.

[8:57] Therefore, a motion will be in order at this time to amend the agenda to defer consideration

[9:03] of public hearing item number 11 to the April 17, 2020, 24-City Councilman, and to adopt the

[9:10] remainder of the agenda as presented.

[9:13] Councilman Falsett.

[9:14] Mayor Foucault, I do not want to defer Item No. 11, I'd like to accept the agenda as

[9:23] it's been presented in No. 11, go forward to be heard publicly tonight.

[9:28] So we do not have a motion in a second from that, but I believe we have to address the

[9:38] original motion first and if that's defeated then we can ask for a substitute motion or

[9:44] if that motion is executed.

[9:47] That is the original motion that's on the floor because what had been mentioned by the

[9:52] manager was entertaining a motion but no one has so moved it so the motion on the floor

[9:56] would be to adopt the agenda as written.

[10:00] Okay, so we have no one to make the motion to approve the agenda with the amendment at this time.

[10:11] Okay, so without hearing that, then we have a motion from Councilman Fosett to approve the agenda as originally presented without the amendment.

[10:24] And do we have a second from Councilman Bennett?

[10:31] Is there any discussion of the motion?

[10:36] Okay.

[10:37] Hearing none, Councilmember is prepared to vote.

[10:41] And you are voting on presenting.

[10:44] You are voting on approving the agenda in its original form, which would be to hear item number 11 this evening.

[10:51] Correct.

[10:52] Okay. Council members, prepare to vote. Please cast your vote. Madam Clerk, please

[10:58] record the vote.

[11:03] The motion is approved by vote of 6-1 with Mayor Duman voting in opposition.

[11:10] Okay. Madam Clerk, do we have any agenda speakers that have served? Please explain the guidelines.

[11:16] We do not have any agenda speakers this evening. Hearing none, please present the items for consideration.

[11:21] The consent agenda item number seven in ordinance to accept and appropriate funds from the

[11:28] Virginia Port Authority for the Route 460 Improvements Project.

[11:34] Consent agenda item number eight in ordinance to accept and appropriate a V-stop reduction

[11:39] in domestic violence grant from the Virginia Department of Criminal Justice Services.

[11:43] Consent agenda item number nine in ordinance to accept and appropriate additional funds from

[11:49] from the Virginia Department of Criminal Justice Services for the 5th Judicial District Community Corrections Program.

[11:57] Mr. Miner, would you please provide and overview the items?

[11:59] Mayor of Vice-Mayor, members of Council, item 7 is an ordinance except to appropriate $1 million

[12:05] from the Virginia Port Authority for the design of road improvements to Route 460 and its intersection with U.S. 58 bypass.

[12:13] This will increase the revenues and expenditures of the fiscal year 2023-2024 capital fund budget by $1 million.

[12:22] As part of the FY 2023-2024 capital projects fund budget, $1 million in local funding was proved.

[12:31] In regards to item 8, the city has received funding in a amount of $113,300 from the Virginia Department of Criminal Justice Services

[12:40] is in support of the violence against women reduction

[12:43] in domestic violence program.

[12:45] The funding will be used to assist with the salary

[12:47] as a full-time prosecutor within the Commonwealth

[12:50] Attorney's Office.

[12:51] The adoption of this ordinance will increase the revenues

[12:53] and expenditures of the consolidated grants fund budget

[12:57] by the $113,300.

[13:00] There is a local cash match in the amount of $37,

[13:02] excuse me, $37,766, which is available

[13:07] in the Consolidate that grants fund.

[13:10] In regards to item 9, the city has received funding in the amount of $11,464 from the Virginia

[13:18] Department of the Criminal Justice Services.

[13:20] The funding will be used for salary increases of the Community Corrections Program grant fund

[13:25] at staff for fiscal year 2023-2024.

[13:29] The adoption of this ordinance will increase the revenues and expenditures of the Consolidate

[13:33] is grants run budget by the $11,464.

[13:37] There is no local match.

[13:41] Thank you, Mr. Manager.

[13:42] If there are no questions about the items,

[13:44] the motion would be in order to approve

[13:46] the consent agenda as presented.

[13:48] Councilman Fosette.

[13:50] Move to approve as presented.

[13:52] In a motion for approval, Councilman Fosette,

[13:53] Councilman Rector.

[13:56] Second.

[13:57] Second from Councilman Rector,

[13:58] is there any discussion in the motion?

[14:01] Henry Gnone, Councilmembers prepared a vote.

[14:02] Please cast your vote. Madam Clerk, please record your vote.

[14:13] Council member Rector, can you please cast your vote?

[14:18] Thank you.

[14:20] The motion is approved by vote of 7-0.

[14:23] We do have several public hearings this evening.

[14:25] Our first one is an ordinance to grant a conditional use permit to amend the previously approved

[14:32] conditions pertaining to the establishment of a bed and breakfast on a property located

[14:38] at 231 Pinterest Street, zoning map 34G18A, parcel 154, account number 3524-4100.

[14:51] This is CUP 2023-21, Mr. Manager, please provide an overview.

[14:57] Mayor of Vice- Mayor of Memphis, Castle, Kevin Wein.

[15:00] Director of planning and community development will provide staff report. Thank you, Mr. Manager. Mayer, vice mayor, members of council. As the mayor outlined, this is a request to amend an existing conditional use permit for A bed and breakfast located at 231 Penner Street. Specifically what they are requesting amendment of to the conditional use permit they received roughly four years ago, is to expand the bed and breakfast offerings from two rooms.

[15:29] Two guest rooms, to five guest rooms, as well as having an inside cafe that would be

[15:36] internal to the bed and breakfast on the first floor of the primary structure and to

[15:41] allow for special events that will be open to the public.

[15:48] The property is zone RM, it is in close proximity to downtown but it is zone RM that's our

[15:53] residential medium zoning district, it's also in our local historic conservation overlay district.

[15:58] It is surrounded by residential homes, Zoned RM as well, along that Pender Street block.

[16:05] The property features a three-story residential house.

[16:08] Currently operates as a bed and breakfast.

[16:11] There are various outbuildings located on the western portion of the property, which includes

[16:16] a detached two-story framed garage, a small framed building with a covered porch to the

[16:21] north and a winery stage to the east.

[16:24] The rest, the cafe is currently operating out of a food truck on the premises with a temporary

[16:31] use permit issued by the city back in February of 2023.

[16:39] So here you have the existing conditions associated with the previous, or the existing conditional

[16:45] use permit rather, CUP 2018-17, so I'll walk you through quickly what they're all looking

[16:51] to amend, we've highlighted the areas, but this would amend condition one, which speaks

[16:58] to two guest rooms, that would change to five as proposed. Additionally, the accessory

[17:07] uses of private parties and similar activities to be only hosted by the bread and breakfast

[17:15] Just a guest that would be modified to allow the public to operate activities there as well.

[17:25] And number six, as exists on the screen here, limits meals being served on the site to register guests only.

[17:34] Being a bed and breakfast in the city provided that it is conditioned.

[17:41] As a part of the approval they can open up and offer meals to those that are not registered

[17:48] guest as well.

[17:49] So that's what they're looking to amend.

[17:51] Lastly, number 12 here states that no events open to the public without a permit are

[17:56] a change in zoning.

[17:57] This amendment would eliminate that as well.

[18:02] I hear you have a floor plan of the use of site plan rather.

[18:06] The proposed cafe would be indoors and would not really have much impact on the surrounding

[18:12] neighbors as demonstrated by the food truck there. Currently, the use for receptions and

[18:18] private parties and similar activities was previously approved and the additional request

[18:23] to include special events that would be available to the public is not anticipated to present

[18:28] any adverse effects. The previous conditions restricted only guest hosting gatherings as

[18:34] As an accessory used to the bed and breakfast, however, this would allow for gatherings and special events to be open to the public and B&B guests as well.

[18:45] The property is located within the residential zoning district and is surrounded by residential uses.

[18:51] However, the subject property is located within walking distance of the central downtown area, which consists of a variety of commercial uses.

[18:59] The location of the property, one being in the historic district in downtown, it benefits

[19:05] from the existing infrastructure there, such as sidewalks and parking, that would assist

[19:11] in supporting the special events in the cafe use as proposed.

[19:15] The site does have 25 parking spaces on site, which is ample enough to serve the uses

[19:24] and I'll touch on this but they do have a shared parking agreement with a large parking lot operator down the street.

[19:35] This is the floor plan. The highlighted areas indicate the dining room areas that will support the cafe counter, which is also highlighted on this.

[19:45] I hear you can see a close up of those parking spaces on site and as stated there are plenty

[19:53] of parking on site to support the use.

[19:56] We did have a concern about the open to the public gatherings.

[20:00] And they have presented us with a shared parking agreement that will allow them to use the existing parking lot at North Main and Finney Avenue. There is a sidewalk connection to this property along Finney Avenue. And they have permission to utilize 20 spaces on Friday and Saturdays and an additional 10 spaces in this parking lot during the week.

[20:28] Staff has evaluated this conditional use permit against the criteria within the UDO.

[20:32] So for the issuance of the conditional use permit and we've concluded that it can operate

[20:37] in a fashion compatible with the uses established within the neighborhood and we'd recommend

[20:42] its approval.

[20:43] The Planning Commission at their meeting, December 19, 2023 voted 4-3 to approve a resolution

[20:50] that recommends approval of this application to you all with the conditions as presented.

[20:56] That concludes my presentation on this item.

[20:57] I'll be happy to stand by at the conclusion of the public hearing to address any concerns.

[21:00] Okay. Thank you, Mr. Wine. Before we open the Public Hearing Madam Clerk, please explain

[21:05] the timing system. This is a public hearing and each speaker is asked to provide their

[21:11] name and their address. We will have a 10-minute period for the proponents, a 15-minute period

[21:18] for those in opposition, and then an additional five minutes for rebuttal.

[21:25] This is a public hearing where the first speaker please come forward and provide their name

[21:29] and address, and that is to speak in favor of this ordinance.

[21:41] My name is Melody Brown.

[21:42] My home address is 332 Wimbledon Chase and Chesapeake,

[21:46] and I'm the owner of Cafe Divina.

[21:50] Mayor of Vice Mayor and City Council members,

[21:53] thank you for hearing me today

[21:54] and for considering my proposal.

[21:56] For the last eight months,

[21:57] Cafe Divina, a coffee bar and Creeper each trailer,

[21:59] has been open to the public and serving

[22:01] under a temporary use permit at the Penter House,

[22:03] with deep bit of breakfast.

[22:05] It has been a pleasure serving this community,

[22:07] and we have received overwhelming support from them.

[22:09] So much so that within eight weeks of our opening in May,

[22:12] we knew we were out growing the serving space

[22:14] on a small trailer, and we found it challenging

[22:16] to accommodate as many people who came

[22:18] to enjoy the cafe.

[22:19] It is an honor to be part of an ever-growing restaurant

[22:22] scene in downtown.

[22:23] I believe Cafe DeVina will have a part to play

[22:26] in the impressive revitalization efforts

[22:28] happening within our city.

[22:31] The expansion of Cafe DeVina's operations

[22:33] from a mobile food trailer to a cafe inside the Penter House will create opportunities for B&B guests and cafe patrons to enjoy exceptional food engaged with the gorgeous property and the history behind it and even learn about the art form that is making craft coffee.

[22:50] We have had a collectively positive response within the neighborhood and a general excitement to have a coffee house and creepery within walking distance.

[22:58] In addition to the establishment, the addition of this establishment within the proximity

[23:05] of downtown would promote a walkable and safe community, create a small win within a thriving

[23:12] downtown economy, and create the addition of other entrepreneurs to take up residency

[23:16] in vacant storefronts.

[23:18] This is all in addition to the positive impact the Penner House has had in the community

[23:23] for the last four years.

[23:24] I would like to thank our neighbors and our regulars in my staff for being present

[23:29] today to give their input.

[23:31] And thank you for your time.

[23:33] Thank you.

[23:34] We have our next speaker to speak in favor.

[23:41] Do we have anyone else who would like to come forward to speak in favor of this ordinance?

[23:55] Good evening.

[23:56] My name is Courtney Hayes and I live at 714 North Broad Street.

[24:01] I would like to speak on half of Cafe Divina as a new grad nurse in the community.

[24:06] I, all through nursing school in the community of Suffolk, was always looking for places

[24:12] to go and study, grab a coffee, and that was never really an option for me in my time

[24:18] of school.

[24:18] I was always driving outside of Suffolk to go and find a place, and since Cafe Divina has

[24:23] opened, it is such an awesome way to bring the older generation and the younger generation

[24:28] as a place to go and study, just grab coffee, and really bring the community together, and

[24:33] and I think it really has the great value and input

[24:38] to revitalize Suffolk and bring everyone together

[24:40] in that way.

[24:47] Okay, thank you.

[24:48] We have our next speaker to speak in favor of this ordinance.

[25:03] My name is Cassidy Hayes, and I live at 714 North Broad Street here in Suffolk. As a small business owner here in Suffolk, I would like to speak on behalf of Cafe Divina. It's a perfect space to have other small businesses come and collaborate with small events. As well as that, I think it's just an awesome opportunity to bring in people from all over Hampton Roads here to Suffolk. And like Courtney said, it's a great way to help revitalize Suffolk and bring people to the downtown.

[25:33] town area. Thank you. Thank you. We have our next speaker, please.

[25:56] Good evening. My name

[25:57] is Michaela Parnin. Sorry, I lost my voice, by the way. I live at 105 High Field Road

[26:03] in Suffolk, Virginia. And I appreciate history more than anything. And I love that it's bringing

[26:12] back that old Suffolk history and appreciating it and combining the different pieces of history

[26:19] with a place to socialize and a positive environment for all the city to enjoy so I enjoy that more than anything and it's always good people and there's so much to do there and so much to look at so I really appreciate that. Thank you.

[26:34] All right. Thank you.

[26:36] We have our next speaker to speak in favor.

[26:42] Do we have anyone else who would like to speak in favor of this ordinance?

[26:45] Hello,

[26:50] I'm Dory Stole, I'm at 1113 Pine Valley Drive and I'm new to Suffolk.

[26:55] So I've been exploring and I've been trying out the dining establishments, cultural

[27:00] attractions, the library, love the library, and have found many wonderful places.

[27:07] One thing that I did feel was sadly lacking was a really nice coffee spot and I was delighted

[27:13] I wanted to discover Cafe de Vina, it serves wonderful coffee, it's a great place to gather, I brought friends over there, and I would love to see to be able to go there for other events, it has this really beautiful outdoor space, and I think it would be

[27:29] added attraction to Suffolk in addition to the other many wonderful attractions, thank you.

[27:35] Yeah.

[27:36] Thank you.

[27:38] Do you have a next speaker please?

[27:40] Speak in favor.

[27:50] Good evening.

[27:51] My name is Michael Luther.

[27:52] I live at 1245 Westover Avenue, Norfolk, Virginia, just over the water.

[27:58] But my wife works at Caffeine as one of the lovely baristas there, very lovely, in fact.

[28:06] But I'm biased.

[28:09] I noticed that some young people were basically the first to speak, but I also kind of wanted

[28:14] to emphasize that every once in a while my wife comes home and tells me a story about

[28:21] these old ladies that gather and play bridge in the cafe and it's really like lovely.

[28:29] It's a very lovely little story.

[28:30] Like, I've just cross generational gatherings in a space that is meant for everybody and

[28:40] is open to the public and is safe for everyone and doesn't cross any boundaries or a loud

[28:52] music or anything like that, it's just for everyone.

[28:55] And so I just wanted to kind of bring up an image of that for you all tonight and end

[29:02] it there.

[29:03] So thank you.

[29:04] Okay.

[29:04] Thank you.

[29:05] We have our next speaker, please.

[29:23] Hi.

[29:24] My name is Megan Mansfield.

[29:25] I live at 2002 Island Park Circle in Suffolk, Virginia.

[29:29] I'm also a small business owner and I am on a board as a treasure here in Suffolk as well.

[29:36] I am super excited for Cafe Divina.

[29:38] I think it's a great opportunity as someone already mentioned for people to get together

[29:42] and collaborate.

[29:44] Also, I recently just met a friend there who's a small business owner as well and we got

[29:50] together, we collaborated, we were making plans for this year in both of our small businesses

[29:55] and how we want to evolve and make an impact on suffix.

[29:59] so it was

[30:00] A great opportunity for us to get really good, delicious coffee, and something to eat, and then talk about our future plans for our businesses. So, thank you. Thank you.

[30:12] Your next speaker, please.

[30:16] Anyone else present who'd like to speak in favor of this ordinance?

[30:19] Hello,

[30:36] my name is Kristen Henson and I live at 1237 River Road.

[30:42] I have been tight with Mel and Chris for years and back from when they did events before

[30:47] Cafe Divina existed in anything or anything.

[30:50] And Cafe Divina and Pair House in general are so important to downtown, especially with

[30:55] the revitalization that we're trying to do.

[30:58] It is like I'm trying not to repeat what everybody else said without saying like clapping or

[31:04] anything because everything was so great and so true. But all in all, it's just a great

[31:10] place to come together to get the creativity going, to revitalize downtown, and there

[31:14] are no complaints like Suffolk has started to become known. Like, okay, do you mean it?

[31:18] That's in downtown Suffolk. And that's such a good thing to start bringing life back to

[31:23] downtown Suffolk and I can't wait to see what they do. Thank you.

[31:27] Thank you. We have our next speaker please.

[31:34] Is there anyone else present who would like

[31:36] to speak in favor of this ordinance.

[31:42] Hearing none, we'll now move to opposition speakers.

[31:45] Do we have anyone present who would like to speak

[31:47] in opposition to this ordinance?

[31:59] Good afternoon, Mayor Dumann.

[32:01] Vice Mayor Ward, members of council,

[32:03] my name is Amos Riddick.

[32:05] And I reside at 2.30 Pena Street in Suffolk.

[32:09] I'm before the night that you table this decision.

[32:14] And my reason for asking that is that I

[32:19] I want this decision to be made in a full and truthful decision and my reason for

[32:28] stating that there is, I've been a member, I mean I've been a member of Old Town Suffolk

[32:34] for 30 years.

[32:35] I live directly across from the bed and breakfast and one of my reasons for asking all to table

[32:42] this event is parking.

[32:46] They have the space I agree, they have the space to hold their guess, I guess don't know

[32:53] that and they are all parked directly in front of my house, some parked and blocked my

[32:58] driveway, some double parked.

[33:01] I have spoken to Mr. Brown and reference to that and we had a gentleman come over for you

[33:09] all truck parked directly in front of my house and I told him I said hey,

[33:14] sprout, I got to get out on a little bit to go pick up some picnic tables, I can't see

[33:19] to get past the truck, could you ask the gentleman to move? When and how change clothes come back,

[33:25] truck was still there. When all about my business come back, the truck was moved, he came over late and

[33:30] stayed there. That all I asked them to move and he told me was public parking. True, I've had that

[33:38] to happen to me. He had to park in spaces, he had park in spaces that would be free and

[33:45] some of his guests would come up and park in front of my house. I don't have a problem

[33:50] with that until I aspect the guest and there's no way out of the park for them. And when

[33:58] I'd come up to some of his guests and say, hey, you going over to the corporate shop,

[34:02] he got parking in the yard. It's a public park and I turn around going to help. But my reason

[34:08] asking you once again, it's to address this parking issue, and as council know, the Penal

[34:15] Scree quarter is becoming a busy quarter.

[34:19] When the train comes, everybody to divert the Penal Scree,

[34:26] when there's all city government

[34:27] closed down at 5, everybody to divert the Penal Scree to get out of the suffer, it's a

[34:32] business quarter.

[34:35] And I think that we can accommodate the coffee shop and the beer and breakfast, but we

[34:42] got to think smart about the residents and their area.

[34:47] And one of, like I said, my reason for sending back the planning would be that they addressed

[34:52] the parking issues and to the effect that you can make pearl to fit in the resident parking

[34:59] and all that.

[35:00] You know, I mean, that could be one scenario that they could address, but give them chance to

[35:05] do or to and full assessment before y'all make a vote. And my next reason for speaking and asking

[35:16] y'all the table this event, the Mr. Brown sense, he been there. It was a bed and breakfast

[35:21] and every year or every two years he coming up to amend this and to add on more and I mean

[35:30] it's smart business but there's a residency neighborhood too and now he's don't went from

[35:38] a two to a five to 20 gas to a 40 gas to a 80 gas I mean where do you draw the line I mean

[35:49] and give planning time to think that out too.

[35:54] Then you're taking on new businesses within the bed

[35:57] and breakfast.

[35:58] I mean, where do you draw the line on that?

[36:00] How do you draw the line on that?

[36:03] I mean, give planning a fair amount of time

[36:06] to make adjustment, bring it back before you guys,

[36:08] but I mean, count up the cost.

[36:12] I mean, in that area of view, this year's on we had

[36:15] but four houses that went up for sale, one on each side of the bed and breakfast.

[36:22] I think 237 has been bought by one of the sufferers of businessmen who said that he's

[36:29] not going to come in and want to join in with the bed and breakfast and make that a gas

[36:33] house for the residents.

[36:35] I mean, where do you draw the line?

[36:37] The other side of the house are two, I think that's used to be the fire cloth property.

[36:43] that's still open, still for sale, then we had 2,000 on the other side of the

[36:50] street that were for sale and they're closed but there are you being

[36:56] zoned for a resident and business aid that's inviting more and I don't want

[37:02] it to become the old town business district still in the old town you know

[37:07] neighborhood. I mean there's a things that we have to think about. I have no

[37:15] I'm saying to them, I'm trying to run a business, but I live there too, like you, when you

[37:21] go home, you want to go home to relax and you want peace and quiet, you don't want

[37:27] to go home and you know you got a limousine parked out of the hill, you got somebody parked

[37:31] in front of there, you know, and I mean these are everything, I think they should be dressed

[37:37] before we vote on approval or do we modify some things or where do we draw the line and that's all the

[37:47] massive and I thank you all for listening.

[37:53] Thank you sir. We have our next speaker to speak in

[37:56] opposition.

[37:59] Do we have anyone else present who would like to speak in opposition to this ordinance?

[38:03] A

[38:08] nun will now move to a five-minute rebuttal period if any one of the proponents would

[38:17] like to have an opportunity for rebuttal.

[38:20] Now is the time.

[38:35] Good evening, Councilman.

[38:36] My name is Alan Brown and I'm the owner, one of the owners of the Pinter House along

[38:40] with my wife, Chris.

[38:41] And I would like to thank Mr. Arters for coming and voicing his concerns.

[38:46] And I do remember that conversation when a truck pulled up in front of his driveway and I was trying to locate the owner and get them to move and I apologize to him and I have some solutions to the problem.

[39:02] And I think part of the problem is because the food truck was part close to our driveway to accommodate utilities.

[39:12] and sometimes people would look down the driveway and not know that they could drive down there because there might be people standing close to the driveway.

[39:23] So when the cafes moved inside that problem will not be there anymore.

[39:29] Also, I've had some parking signs printed up and wanted to install those in front of the house to direct people to park on our property.

[39:41] So I think at some point of a couple of customers maybe did not know that we had adequate parking.

[39:50] So that's another solution that we have.

[39:53] We want to be good neighbors to all of our neighbors we want to.

[40:00] Be able to get along with everyone in the community, just, you know, if we have a business there or not, we've been there for over 30 years and we appreciate everyone that lives on Pinter Street.

[40:12] Pinter Street is mixed use. It has businesses on every block of Pinter Street.

[40:23] I don't think we are doing anything out of the norm. Thank you very much. Thank you.

[40:32] Do we have anyone else who would like to speak in rebuttal?

[40:41] Is there anyone else present who would like to speak in rebuttal to this ordinance?

[40:48] Hearing no additional speakers, this public hearing is now closed.

[40:52] Councillor Norton has been presented for consideration, questions, comments, or a motion.

[40:58] Councillor Minn Richter.

[41:00] Thank you, Mr. Mayor.

[41:02] I remember when we moved the business that I was working for from the Berkley section of Norfolk,

[41:06] to the old airplane building on Loomis Road.

[41:10] The then city manager, Selena Cuffey Glenn,

[41:13] introduced the resolution for our conditional use permit

[41:16] by telling the mayor at that time, Linda Johnson,

[41:19] that what we have here is a happy story.

[41:22] I'd like to echo that thought by saying

[41:24] what we have here tonight is definitely a happy story.

[41:27] We devote a tremendous amount of effort and resources

[41:30] to encourage people and businesses

[41:32] to invest in our historic downtown area.

[41:36] The owners of the Penterhouse Ben Breakfast have invested in our downtown and have established a very successful enterprise.

[41:43] They are now coming back to us not because they are struggling and need to change their business model but rather they are coming back before us because they are successful

[41:52] and need to make these improvements to better serve not only the folks that come in from out of town but also the many folks that have come to enjoy fresh cup of coffee and a crate.

[42:01] And I think based on the number of people that have come up and spoken that don't live

[42:06] even anywhere near the downtown area that have been enjoying a cup of coffee and a

[42:10] crate at the Penter House speaks to how well they're doing.

[42:15] And then, you know, it's mornings like what we have today and we're going to have for the

[42:18] next few days that demonstrate the need to be able to serve the folks inside rather than

[42:23] outside.

[42:25] A few meetings ago, we discussed the downtown master plan and I described our downtown

[42:31] is looking at the night sky out in the country.

[42:34] I said that what we have in the downtown are many bright stars.

[42:38] The work that has been done to make the Penter House what it is today is definitely

[42:41] one of those bright stars.

[42:43] And then with that, I would like to offer a motion to approve CUP 2023-021.

[42:50] We've got a motion from approval from Councilman Rector, Councilman Thoset.

[42:55] If I can make a couple of comments, first of all, I would appreciate it.

[43:00] First off, I want to echo out that I absolutely thrilled of the young folks that came up

[43:09] here and spoke in favor of it.

[43:11] That's where we're going in this country.

[43:14] The younger folks are going to establish some things and get some things going such as businesses

[43:20] in the downtown.

[43:21] and I echo Mr. Rector's comments me in a happy story.

[43:27] I can remember going to the Pinter House for a tour in a ribbon cutting, I believe,

[43:37] back when they first got started.

[43:39] Very impressed with the whole operation.

[43:43] I'll be the first to tell you, I love a bed in breakfast.

[43:47] They're all over the country and they're just usually very unique in what they do.

[43:54] And Pena House is one of those in Suffolk that's a gem, really.

[43:59] And I understand I don't want to take away from the gentleman that came up about the parking

[44:03] on the street.

[44:05] I appreciate him coming up.

[44:07] I think that Mr. Brown came up in echo that he has some plans to try to mitigate any problems

[44:16] with his facility impeding and parking in front of the residents across the street or in front of their driveways.

[44:26] You know, if it's all possible that when you have a big event, you've got to overflow a lot that you can go to and whoever's the coordinator that's running that particular venue could be sure that there's good directions to where they can go overflow and park.

[44:44] You know, I think you have adequate parking inside to accommodate most of the residents that you're going to have.

[44:52] And I think that this is a thing that we need in our downtown.

[44:56] This is where we're trying to go.

[44:58] We're trying to revitalize.

[45:00] I realize some areas of the downtown, and we're working on this from a lot of angles. And the penthouse is really a part of that process. I mean, they've done a great job there. They've grown a good business. And I truly think that this is a win, win for everybody. I'm sure it will work itself all through. I can't find any reason to not support this. I'm in full support of this, and I give Mr. Rector a second on that.

[45:29] And I want to thank the Browns for coming up and presenting this tonight and asking for

[45:36] this assistance and I want to thank each and every one of you that are in the audience

[45:40] that have come out to support them.

[45:43] This is a big deal and this is a good night for them and I have every hope that this is

[45:49] going to pass and that we can move this along and thank you for wanting to be in the downtown

[45:55] and thank you for doing what you do where you're at

[45:58] and all the things you have done and will do.

[46:01] So with that, I say thank you.

[46:04] Okay, we got a second from Councilman Fossett,

[46:07] Vice Mayor Ward.

[46:08] Yes, Mr. Amway, come up for a second.

[46:12] Can

[46:19] you show me again where that additional parking

[46:22] that is round the corner, where is that?

[46:25] This is additional free charge.

[46:27] So here you have the subject property that started there

[46:30] and within about 200 feet here you have the off-site parking at the corner of

[46:36] Finney and North Main Street that is utilized by the first Baptist Church

[46:43] itself. Right now they have how many spaces, parking spaces? They have 25

[46:47] spaces on site. The additional would that church is like? So they have, they can

[46:54] utilize 20 spaces on Friday and Saturdays on the church's parking lot, 20

[47:00] The additional spaces bring it up to 45 with the ability to increase that to 55 ever all spaces that they can utilize on weekdays.

[47:08] So that would be 30 spaces that they can utilize on the church's property and 25 on their property.

[47:14] Okay, I don't know.

[47:16] Most like when they have an event that will put something out there, they've got events going on or event going on.

[47:21] But the residents would know, they know they could park limited places or anything like that.

[47:28] That would be a question for the applicant there, but I can say from a zoning perspective,

[47:36] since they've been doing events there, we've not received any complaints that I'm aware

[47:41] of in our department as it related to parking or the B&B use.

[47:49] I see it was a move from one to five room and stuff like that.

[47:56] What was given to planning at a particular time?

[47:59] Any changes, or exactly what we have, or when they change they want to expand?

[48:05] So the changes are being presented to you this evening.

[48:08] It would increase the guest rooms from two guest rooms to five guest rooms.

[48:14] It would allow for the restaurant to operate interior to the bed and breakfast use,

[48:19] and it would also allow for events to be held on site that are not necessarily

[48:28] initiated by a registered guest.

[48:30] It would be a plan to get an opportunity to hear that.

[48:32] Yes, they did.

[48:35] They heard all of that and recommended for you also approval 43.

[48:40] Thank you.

[48:40] Yes, sir.

[48:42] Councilman Bennett.

[48:44] Thank you.

[48:45] Why are you there?

[48:45] I'll just have a question.

[48:48] On the parking.

[48:50] Is it where that on Penal Street that we can put a time two hours parking for non-residents

[48:58] or something way and that you're not taking all the spaces.

[49:03] If somebody had worn a paragraph, put a residence.

[49:05] Is anything can be done to limit the time?

[49:11] I believe that's an option, ultimately, I think that's a City Council action.

[49:16] Mr. Manager?

[49:17] I would think limiting parking to two hours is short of the

[49:26] residents.

[49:27] I mean, you would have to have a mechanism to be able to understand who is a resident and who

[49:31] is a resident.

[49:33] So I don't know if that would be really an effective measure there.

[49:38] I know some area that you have a sticker on

[49:45] enforcement of a two-hour parking in an area

[49:49] where you wouldn't enforce it on residence, is that any way you can enforce that?

[50:00] Determine between a resident and non-resident?

[50:09] Mr.

[50:13] Manager, currently we do have some two-hour parking in the city, but it is unrestricted. So, when it is a two-hour zone, it is a two-hour zone to everyone. Thus far, we do not have any residential zones like some of the cities do. We do not have any type of program of that nature at this point in time.

[50:32] Okay. I was thinking in terms of a resident would have a sticker.

[50:39] Identify their resident.

[50:42] Yes, sir. So like I said, there are some other cities that have similar programs as you're

[50:47] describing. And again, it is a pretty significant program that you've got to set up.

[50:51] We've got to get your stickers in place. You've got to get all the signage in place.

[50:54] You've got to get everybody educated. So it's not that it can't be done, but we do not

[50:58] but currently have any of those anywhere in our city.

[51:01] Okay, thank you.

[51:05] Pleasure, Mayor of the word.

[51:07] Well, I want to say this here.

[51:12] Mr. Ridic, the only thing he complained about was the parking.

[51:17] So is that one of the things he been there 30 years

[51:21] and for a person just to complain about the parking,

[51:24] does anything we can do to make him feel satisfied or what?

[51:28] I'm just saying because

[51:29] because when I see you have events and I say in the place and it's a nice place and

[51:36] we all agree but with that but what happens when you have a wedding, a hundred, two

[51:40] and a half people, I mean parking is cars is cars.

[51:45] So I just want, you know, there's anything we can do to lease, have things in a way that

[51:53] We already prepare for the business to grow.

[51:57] I mean, somebody come up there and I live in a community and all of a sudden some come

[52:02] there and you got to ask about the pocket space.

[52:06] That's not do anything.

[52:08] Do you want to ask Mr. Brown how many people?

[52:10] Yeah, if you want to come up.

[52:11] You can come up.

[52:12] Brown, if you'd like to come up.

[52:13] I mean, just, you know, once conversation, sometimes I'll solve the problem.

[52:23] How you doing, sir?

[52:25] Yes, parking is definitely a concern of ours and like I said, we don't want to cause any type of a parking problem.

[52:34] So we limit our weddings to 60 guests and we require them to have valet parking from our lot to the church parking lot.

[52:43] So we try the best that we can to keep any parking off the street.

[52:48] And we've also informed all of our employees to tell any customers if they see them park

[52:55] on the street to pull into our yard.

[52:59] So we've always tried to make the parking as smooth as possible.

[53:05] Well as a businessman, I feel that you want to try to be a good business person on the

[53:13] saying that, but what I'm saying with Mr. Rinc is talking about, you know,

[53:17] that's in front of his house, his driveway, to go out and come back the same

[53:23] person is there. It got to be some type of working together with that because,

[53:27] you know, even if he was there, you know, you recognize that, you know.

[53:31] Yeah, we did have that one, one time we had an incident where

[53:34] a car was, was blocking his driveway and I tried to find the owner and

[53:42] and get him to move before Mr. Ridic, but Mr. Ridic pulled out of his driveway

[53:47] before I found him and got him to move, but I did get him to move the vehicle.

[53:51] But that was an isolated incident.

[53:55] I think.

[53:57] Councillor Minn Johnson?

[54:02] First of all, I just like to start off by saying, my wife and I do bed and breakfast.

[54:06] That's what we did wherever we go.

[54:08] Parking is a problem.

[54:10] And every bed and breakfast I've ever been to, but guess what?

[54:12] Bed and breakfast is worth the parking problem.

[54:15] In this case, I sympathize with Mr. Riddick as far as the parking goes, but I feel like

[54:22] I've kind of grown up with the Browns over there.

[54:24] They have been working on that house.

[54:26] It's not another person in this city, a couple in this city that has put the time, effort,

[54:31] and love into a place in the city.

[54:34] We are very, very, very, very fortunate to have them there.

[54:38] I wish we had six of them on Pinter Street, no hard feelings.

[54:41] the conversation is to make that we don't want small business, but guys, I want small business.

[54:46] If we're going to make it a successful street and make us a successful city, which is what we're voting for right now,

[54:50] hopefully we're going to blow this thing out of the water and keep on going, there's going to be parking problems.

[54:55] And we talk about parking all over the city.

[54:58] But that's not a real-

[55:00] This is a reason to deny this request. This request is the next step for these folks to move up. We're going from two bedrooms to five. No big deal. They need to have five bedrooms because they're looking up that much. So you got three more vehicles. The parking on the grounds from my perspective is pretty phenomenal to have 25 spaces. Now, is that not going to be more problems on the street? Probably. I mean, that's something we have to work with and maybe come up with a system that we can make it a better place.

[55:27] But I just want to thank these folks for what they've done.

[55:30] A cap that makes perfect sense as well.

[55:33] We might have to look at it again if the problems come forward.

[55:36] But at this point, I see no reason at all that we should deny this request.

[55:39] This is exactly in line with what we're trying to do in our city to promote down.

[55:44] I don't even live downtown, guys, but this is what I want to see happen in our city.

[55:49] Let's give people places like this to come to.

[55:51] So with that, I say thank you.

[55:53] And let's move forward.

[55:54] Thank you.

[55:56] Councilman Williams. Yes, actually I have a question for Mr. Brown. If you could come up, please.

[56:10] Thank you, sir. And thank you for investing in our city. My question is, and I just want to

[56:18] understand what you said earlier. You said that during the special events or any large events,

[56:26] that you would put out some type of signage that would indicate that there are additional

[56:30] park in and not to park on the street, is that what you said?

[56:34] Well, actually, I have the signs made and I want to permanently put them in front.

[56:39] We have columns in front of our house and we call them on each side of the driveway.

[56:43] I wanted to put a parking with an arrow on that column to alert people when they come down

[56:50] the street to pull in to the property and park and not park on the street.

[56:56] But we also do have, you know, the valet, they put signs out when we do have a wedding

[57:04] that, you know, to pull in and then they valet the cars to first baptists.

[57:11] Okay.

[57:11] Mr. Wyons, I've got a question.

[57:19] It's Mr. Brown, head just indicated that he wanted to put on some type of permanent signs.

[57:25] Can he put on permanent signs?

[57:30] He's entitled to put a locational signage on his property to direct traffic and circulation

[57:37] yes.

[57:39] Okay.

[57:40] How about special event signs?

[57:42] So that's basically the same thing.

[57:44] It's a learned public or the neighborhood.

[57:47] Let them know they had an event going on.

[57:50] The additional park in this down road, around the street at the church.

[57:55] and then there's valley parking, but my question is, can that be made part of the

[58:02] conditional youth permit for him to put out sandwich whenever he has a special

[58:07] event or a live event, to prevent people from parking on in front of the driveway

[58:14] or creating a problem on the street with too much parking?

[58:18] So you could certainly craft a condition that would speak to signage and a signage plan presented to the Plenty Department for approval to ensure that a parking is limited on the street.

[58:36] There are requirements and prohibitions on temporary signage as it relates to the city's right of way.

[58:45] So, once you're getting into the streets and the medians at intersections would have you,

[58:51] we couldn't permit any signs there, be it temporary or permanent, but certainly on

[58:58] site he has the ability to put some circulation signage up.

[59:03] Thank you.

[59:04] Yeah.

[59:05] Councilman Rector.

[59:07] Thank you again, Mr. Mayor.

[59:10] I think embedded somewhere in my comments is what I'm getting ready to say next, but I

[59:14] just want to make sure that it's clear. We're not inventing a wheel here. We're just simply making

[59:21] some modifications to an existing business. The bed and breakfast is there. The cafe is there.

[59:29] The only change with the cafe is that they just want to be able to cook and serve the food

[59:34] inside rather than having people stay around outside and going back to the events. My assumption is,

[59:41] And perhaps Mr. Brown could back me up with this, but if there's going to be a wedding or something held at this particular venue, it's more than likely that members of the wedding party are going to be staying at the Pinter House.

[59:55] So even though we're allowing nonguests to have events.

[1:00:00] There, my guess is that most of the events that are going to happen there are going to be affiliated with guests that are staying at the facilities. So I just want to keep that in the forefront. This is not a huge change to what is already there. It's just simply an improvement and enhancement to what is already there.

[1:00:21] Council, any other questions or comments? Okay, before we vote, I've got a few comments. I agree with Councilman Rector.

[1:00:30] we are not reinventing the wheel basically what we're doing is rather than requiring a

[1:00:37] food truck we're allowing for inside dining. It's a land use issue and while parking

[1:00:44] could possibly be a problem, it's the parking as part of the application meets the code

[1:00:51] and satisfies the requirement. So while it could be a concern, I don't think it's

[1:00:57] It warrants not approving this application

[1:01:00] under the circumstances by a long shot.

[1:01:03] I do want to thank the applicants

[1:01:04] to Browns for their continued investment in downtown.

[1:01:08] It's these type of establishments

[1:01:10] that are going to contribute to the vitality and economy

[1:01:14] of what I hope is a growing downtown district.

[1:01:16] And that's something unique.

[1:01:18] It's something different.

[1:01:21] It's something when it comes to downtown,

[1:01:23] we want people to wake up in North

[1:01:24] can say let's go to downtown Suffolk tonight to get something to eat let's go to downtown Suffolk

[1:01:30] tonight and do some shopping let's go to downtown Suffolk tonight and go to the culture arts

[1:01:35] center and see a show this is what we're looking for it's exactly what we're looking for but just

[1:01:40] like everything else you know there's issues to be considered uh but under the circumstances um

[1:01:48] and support of this ordinance as well.

[1:01:52] So with that being said, we have a motion long time ago

[1:01:55] from Councilman Rector, I believe it was,

[1:01:57] for approval and a second from Councilman Fossett.

[1:02:01] Is there any other further discussion of the motion?

[1:02:04] Hearing none, Councilmembers prepared a vote.

[1:02:07] Please cast your vote.

[1:02:09] Madam Clerk, please record the vote.

[1:02:14] The motion is approved by a vote of six to one

[1:02:17] with a face mayor award voting in opposition.

[1:02:19] Okay, our next public hearing is an ordinance to grant a conditional use permit to establish

[1:02:25] its solar energy facility on property located on Osir Road.

[1:02:31] This is zoning map 45, parcels 5, 5A, 6, 7, 7A, 7B, 7C and 7D.

[1:02:41] 2-D account number 0-5-0-648-0-0, 0-5-3-2 807-0-0.

[1:02:50] 0-517-52000, 0-511-3-100, 0-5269-1-0-0-0.

[1:03:01] 0-518-4300-0-513-0-0-0-0-0-0-0-0-0 and last but not least 0-517-51000, and this is

[1:03:18] CUP-2020-23-18.

[1:03:21] Mr. Manager, please provide an overview.

[1:03:23] Yes.

[1:03:24] Mayor vice mayor, members of Council, Kevin Wein will provide the staff report.

[1:03:29] All right.

[1:03:29] Thank you, Mr. Manager, Mayor of Vice-Mayor.

[1:03:32] Members of Council, as stated, this is a conditional use permit request for a collection

[1:03:37] of eight parcels on Hoosier Road to establish a solar energy facility.

[1:03:43] The property is zoned, A, that's our agricultural zoning district, and it's on the east side

[1:03:48] of Hoosier Road.

[1:03:50] The proposed facility will consist of 49 megawatts, new megawatts of solar modules, and accessory

[1:03:58] equipment on those eight parcels is noted on land totally in 266 acres total.

[1:04:05] The property is located within our central growth area and it's designated for use as

[1:04:12] our suburban, our inner ring suburban use district.

[1:04:16] I hear you have the parcels.

[1:04:18] They all have frontage on Hozier Road except for one.

[1:04:22] That would be tax map 45 star 7D.

[1:04:25] There are existing single-family dwellings on tax maps 45 star 7C and 7.

[1:04:33] Those will be demolished to make way for the proposed use if approved.

[1:04:37] The remaining parcels consist of agricultural and forested land cover.

[1:04:41] In addition, just a non-title wetlands there getting in close proximity to the dismal swamp.

[1:04:48] Here we have a conceptual plan.

[1:04:50] This depicts the proposed layout.

[1:04:51] out the solar panels, access roads, stormwater retention facilities, landscaping buffers,

[1:04:58] and other related improvements.

[1:05:08] This slide represents a visual simulation from a viewpoint on Hozier Road. We were provided several of these, but I chose to utilize this one as an example. To depict what the facility would look like upon the maturation of the vegetation that would be required by our ordinance.

[1:05:33] You can see visually what exists currently and then what the landscaping would look like

[1:05:40] after 10 years of growth and 25 years of growth.

[1:05:47] As with solar facilities in the past, they're not necessarily traffic generators themselves

[1:05:54] once they exist, however, we are concerned, particularly due to some of the more remote

[1:06:00] locations about construction traffic and how it will get to and from the site, because

[1:06:04] usually there's a three to six month period and where there's a lot of construction.

[1:06:09] You have large trucks coming in and out, so we have been provided what we call a construction

[1:06:15] hall route that depicts how construction traffic will get to and from the site.

[1:06:21] It's been reviewed by our traffic engineering department and accepted.

[1:06:25] But in this case, tractor-trailer trucks and dump trucks and the like, accessing the site during construction will be from route 13 Carolina Road, just south of the airport, it's via airport road, tomato country road and ultimately north on Hozier Road.

[1:06:42] This will assist in avoiding the downtown narrow roads, like factory, county and hunter street.

[1:06:49] And that is, would be a condition of approval should be approved.

[1:06:56] Another key concern, and this is kind of lessons learned with the sole facilities

[1:07:01] we've seen and approved in the past and have since been developed, but noise, particularly

[1:07:08] from the inverters, has been a concern.

[1:07:11] So we have been provided a noise exhibit from an engineer, which notes kind of the hot

[1:07:18] spots on the property, but really indicates that even at the property boundaries, the

[1:07:26] ambial noise is low and really doesn't constitute any necessary mitigation, and it's important

[1:07:33] to note that vegetation goes a long way as well to dampen potential noise impacts.

[1:07:40] So with any land use application meter rezoning or a conditional use permit, we analyze

[1:07:48] the comprehensive plan we analyze the unified development ordinance to identify

[1:07:54] whether it's appropriate for the use. What does our comprehensive plan say? So I

[1:08:00] did state that this is in the central growth area. Area within our growth

[1:08:06] areas it's reserved for higher intensity development. It's supposed to be

[1:08:10] in close proximity to existing development and in this case being in the

[1:08:16] central growth area. It's designated for use's inner ring suburban use

[1:08:21] district and what that means specifically outlined in the comp plan, appropriate

[1:08:27] uses in the inner ring suburban include single-family residential,

[1:08:31] traditional neighborhood developments, neighborhood commercial, some light

[1:08:35] manufacturing among civic and community facilities. That this would

[1:08:40] necessarily comply with any of those appropriate uses.

[1:08:45] Additionally, as a part of an element of our comprehensive plan, we developed the Carolina

[1:08:51] corridor-laying-use strategy.

[1:08:54] This goes back early 2000, so it's a little dated at this point, but this property

[1:09:00] specifically was a part of that plan.

[1:09:04] And the purpose of that strategy was to develop ways to extend the residential and commercial

[1:09:11] use of South of downtown, because it's in pretty close proximity to downtown.

[1:09:16] This land use strategy concluded that with good planning practices, this area of the city

[1:09:21] going down Hozier and really between Hozier and White Marsh could meet the desires to accommodate

[1:09:29] a thousand new residential units, which could be achieved while generating demand for supporting

[1:09:34] commercial uses as well.

[1:09:39] Once again, the site is within the inner ring suburban use district within the central

[1:09:45] growth area, and growth areas exist to denote where urban and suburban scale development

[1:09:50] is appropriate to accommodate future forecasted growth within the city, land located in the

[1:09:57] with areas in reasonable proximity to.

[1:10:00] Thank you, existing developed areas serve. They're either served or have the ability to reasonably served with infrastructure needed to support their development. It's important to note, in this case, you have two larger tracks of land immediately to this collection, this assemblage of parcels east going towards white marsh that have been approved and ultimately infrastructure lines will one day be land run right

[1:10:29] to the shared property line there.

[1:10:32] So even without that being the case,

[1:10:37] we have a water and sewer available for extension.

[1:10:40] Approximately 1,500 feet or so to the north.

[1:10:45] And additionally, I think it's really important

[1:10:47] to stress the proximity of this to downtown.

[1:10:50] We're one and a quarter mile south

[1:10:52] of East Washington Street in this area.

[1:10:54] That's around the Health and Human Services building,

[1:10:58] Hall Avenue. Additionally, from an aerial distance perspective, the main intersection

[1:11:02] downtown, Washington, North Maine, we're about a mile and a half. So it's in really close

[1:11:07] proximity and I think that stresses that's why it's in the girth area in this case, due

[1:11:12] to that proximity. Here's an excerpt from that Carolina corridor,

[1:11:18] Laney Strategy. I've hashed out the property here in question. It's a split of what the

[1:11:25] The latest strategy calls for here, ultimately in visions.

[1:11:28] You have residential that orange color and then that kind of paler red color, maybe darker

[1:11:34] salmon.

[1:11:36] It is slated for business use, we can debate the business use of the property, but ultimately

[1:11:41] there is kind of a higher and better land use designated for this property and I think

[1:11:46] the Carolina Corridor Land use strategy aligns that,

[1:11:51] here is a close up of it.

[1:11:54] But it does constitute a large percentage of that overall land available for development

[1:11:59] between white marsh and hosier roads.

[1:12:03] So in conclusion, conditional uses are permitted only through the issuance of conditional

[1:12:08] use permit by city council after ensuring the use can be appropriately accommodated on specific

[1:12:14] property.

[1:12:14] We look at all of these on a case by case basis and that it will be in conformance with

[1:12:19] the comprehensive plan.

[1:12:20] Staffs reviewed this, we do not believe it aligns with the comprehensive plan.

[1:12:25] Additionally, we want to ensure that it can be constructed and operated in a manner which

[1:12:29] is compatible with surrounding land uses and the overall character of the community and

[1:12:34] that the public interest and general welfare of the citizens will be protected.

[1:12:39] All that's outlined in Section 31-3 of 6, C, the Unified Development Ordinance, we every

[1:12:45] CUP, you consider we outline those eight criteria, and a part of our charge is ensuring

[1:12:51] that the use can operate in compatibility with those eight criteria.

[1:12:57] We have determined that this one falls short of meeting all of those eight criteria and

[1:13:03] specifically subsection six, which requires the finding that the establishment of the approach

[1:13:08] use will not impede the orderly development and improvement of surrounding properties

[1:13:13] for use is permitted within the zoning district.

[1:13:16] We do have property zones immediately to the east that's owned RU and RC.

[1:13:23] Those are some higher density residential districts and it's in close proximity to

[1:13:28] the downtown area as well.

[1:13:30] Additionally subsection eight requires a finding that the public interest and welfare supporting

[1:13:35] the proposed conditional use permit will be sufficient enough to outweigh the individual

[1:13:38] will interest which are adversely affected by the establishment of the proposed use.

[1:13:43] We found that utilizing this 266 acres within the girth area for first solar facility

[1:13:49] does not bond with that either.

[1:13:52] So in closing, the site is specifically designated for residential and commercial uses outlined

[1:13:58] in that Carolina corridor to land use strategy which is an element of our comprehensive plan.

[1:14:02] further, the comprehensive plan designates residential neighborhoods and supporting commercial

[1:14:10] uses as appropriate for the interring suburban, not necessarily large scale infrastructure

[1:14:15] projects like this. It does not fully address all of the criteria outlined for consideration

[1:14:22] within the UDO as it relates to conditional use permits. And as those criteria are not met

[1:14:29] and it doesn't align with the comprehensive plan.

[1:14:31] Staff is recommended denial of this use permit.

[1:14:36] The Planning Commission did consider this at their meeting last month on December 19th

[1:14:40] and by a vote of 4-3 have recommended this application for denial to you all this evening.

[1:14:48] It is important to note that staff, while we are recommended denial and we thoroughly outline

[1:14:56] that in the event that you all should move to a particular

[1:15:00] We approve this. We have provided some conditions to be associated with that that we feel would align, would mitigate some potential negative impacts. Once again, should you all be inclined to recommend approval, but that does not impact our recommendation of denial. With that being said, that concludes my staff report on this item. I will stand by the conclusion of the public hearing to address any concerns. Okay. Thank you, Mr. Y. Before we open to public hearing, Madam Clerk, please explain the timing system.

[1:15:30] This is a public hearing and each speaker is asked to provide their name and their address.

[1:15:35] We will have a ten minute period for the proponents, a fifteen minute period for those

[1:15:39] in opposition, and then an additional five minutes for a rebuttal.

[1:15:45] This is a public hearing with the first speaker, please come forward and provide their name

[1:15:48] and address.

[1:15:49] And that is to speak in favor of this ordinance.

[1:15:59] Thank you, Mr. Mayor.

[1:15:59] Mr. Vice, members of Council for the record.

[1:16:01] My name is Rob Beeman.

[1:16:03] I'm a local annual attorney with the Troutman Pepperel Law firm, 222 Central Park Avenue.

[1:16:07] New Suite 2000 in Virginia Beach, Virginia.

[1:16:10] First, I did want to thank Kevin Wynne and the rest of the planning staff for all their hard work on this application.

[1:16:15] They've been very available to us and we've appreciated their feedback and their constructive comments on this application throughout this process.

[1:16:23] In light of Council's election, not to approve the deferral request that we made at the beginning of the hearing,

[1:16:31] the applicant would like to respectfully request a withdrawal of this application at this time.

[1:16:37] Thank you, sir.

[1:16:39] Oh, Mr. City Attorney, do we have to withdraw ends the matter?

[1:16:45] Second.

[1:16:46] A withdrawal ends the matter.

[1:16:47] Okay.

[1:16:48] All right.

[1:16:49] Thank you very much, sir.

[1:16:50] So the matter has been withdrawn, so there's no need to proceed with public hearing.

[1:16:54] Thank you, sir.

[1:16:55] Thank you, sir.

[1:16:58] Okay.

[1:16:58] Our next public hearing is in order to grant a conditional use permit to establish an outdoor

[1:17:04] or operations and storage manufacturing, processing use for the establishment of a ready-mixed concrete

[1:17:10] plant.

[1:17:11] On property located at 1273, portion of Boulevard, zoning map 36, parcel 15b, account number

[1:17:23] 05342600, this is CUP 202322.

[1:17:28] Mr. Manager, please provide an overview.

[1:17:29] of you. Oh, yes. Mayor, vice-members council. Again, Mr. Wine will provide a staff report.

[1:17:37] I think you can, Mr. Manager, Mayor, vice-members council. I think anyone traveling the route 58

[1:17:44] into the city from the Chesapeake side is familiar with this property. So this is a conditional

[1:17:51] use permit to request the establishment of a ready-mix concrete plant. This is for property

[1:17:58] located at 1273 Portsmouth Boulevard. The property is located within the central

[1:18:03] growth area designated entering suburban use district and is also located

[1:18:06] within the Cypress Foding Bureau. Here we have the property. It is located in the

[1:18:13] M2 Heavy Industrial Zoning District. The surrounding properties to the

[1:18:17] southeast and west are also Zoned M2. To the north of the property you have a

[1:18:21] CSX-owned railroad line and the city of Portsmouth has property there as well.

[1:18:28] immediately adjacent to Port Smith Boulevard. Across Port Smith Boulevard you have

[1:18:35] the B2 district and some RLM and RU Zoning Districts with residential.

[1:18:43] So the

[1:18:43] applicants request here is to operate a concrete ready-mix plant on the

[1:18:47] site. It's on the northwestern portion of the site. You can see it outlined here

[1:18:52] highlighted called out with that red box. The property is currently utilized as an

[1:18:59] aggregate sales yard for Vulcan materials and asphalt plant for Branscom.

[1:19:05] So there are similar uses there currently, but in order to establish a ready-mix concrete

[1:19:11] plant in the city of Suffolk in the M2 district, you do require conditional use permit.

[1:19:15] Those uses did not.

[1:19:17] The traffic memo that was associated with this request does anticipate the generation of 34

[1:19:23] truck trips.

[1:19:23] The existing transportation network appears adequate to accommodate this modest increase

[1:19:31] of traffic along the school door.

[1:19:34] The health department, as provided some comments as it related to the existing water supply,

[1:19:39] there's a well on site.

[1:19:42] These users tend to utilize a lot of water, they'll be utilizing that from a well and not

[1:19:47] the public system.

[1:19:49] So, they note that the well-on-site appears to be used for processing purposes and is not

[1:19:56] part will. We have conditions.

[1:20:00] A recommended condition to screen some of the existing frontage. It's not direct frontage along

[1:20:06] Port Smith Boulevard, but it is highly visible there. So we thought it would be appropriate

[1:20:10] to utilize this opportunity to condition some evergreen vegetation along their property

[1:20:18] line closest to Port Smith Boulevard. The site does have one access point from Port Smith

[1:20:24] This crosses property owned by the City of Portsmouth and the Railroad, CSX.

[1:20:31] The applicant has submitted an agreement between the Railroad and Vulcan materials that

[1:20:36] establishes legal ingress, egress to their property, so they are permitted to cross that.

[1:20:41] And they are working with the City of Portsmouth to get legal access as well.

[1:20:48] And that would be a condition of our approval.

[1:20:50] but we have reached out to the city of Portsmouth and they have indicated to us in writing that that will not be an issue and they will provide a letter authorizing them to utilize it once they have drafted the legal document.

[1:21:07] So in working with the departments here in the city, the noted that the existing entrance, we wanted to have that improved commercial standards.

[1:21:17] certainly durable make it to make it more durable considering the heavy equipment

[1:21:21] that's traveling through it. So it includes a concrete entrance within the

[1:21:25] public right-of-way on Port Smith Boulevard and an asphalt pavement on the

[1:21:29] city of Port Smith own property. Once again the city of Port Smith Public

[1:21:33] Utilities Department did not have any objections regarding a asphalt over

[1:21:37] their property at this time. So staffs evaluated this as we do with all

[1:21:43] conditional use permits against the criteria established within the UDO for the

[1:21:48] issuance of the CUP. Considering it is a M2 district utilized with like

[1:21:53] uses already we believe this expansion on the site is compatible with the

[1:21:58] existing neighborhood and do not object to it and recommend it's approval.

[1:22:03] Additionally the planning commission at their meeting on December 19th by

[1:22:07] vote of six to one are recommending this application to you all this evening for

[1:22:11] approval. That concludes my presentation on this item. I will stand by I think

[1:22:16] inclusion of the public hearing. Thank you Mr. Wein. Before we open the public

[1:22:20] hearing Madam Clerk please explain the timing system. This is a public hearing and

[1:22:23] each speaker is asked to provide their name and their address. We will have a 10

[1:22:28] minute period for the proponents a 15 minute period for those in opposition and

[1:22:33] then an additional five minutes for a rebuttal. This is a public hearing with the

[1:22:39] First speaker please come forward and provide your name and address.

[1:22:42] It is to speak in favor of this ordinance.

[1:22:48] Evening Mayor Duman, Vice Mayor Ward, members of council.

[1:22:51] My name is Randy Royal with Kimmy Horn Associates.

[1:22:54] I'm representing this application.

[1:22:56] First of all, Mr. Wanda such a good job.

[1:22:58] He's taken away most of my speech here, so I'll be pretty short.

[1:23:02] We've worked quite a bit with staff.

[1:23:04] We are fine with the five conditions he has.

[1:23:06] We've worked with Portsmouth who owns that driveway going into the site,

[1:23:11] which they've been utilizing for probably 40 years, but we can't find the legal document.

[1:23:16] I've personally been in touch with the city attorney over there, we've sent him an exhibit, he's writing up a deed to grant the access there.

[1:23:24] We're going to be putting trees in, we've actually talked to their engineers also, that's why we've got concrete in the right away.

[1:23:32] They won't, and Mr. Moore, you'll remember this from your utilities days, they're going to relocate their lines in there.

[1:23:38] So they won't asphalt on their part of the property, so if they have to maintain it and of course installing that will be easier than putting concrete in there.

[1:23:46] So that's why we have heavy duty asphalt on the site.

[1:23:51] Just putting a batch plant back in again that they had years ago.

[1:23:55] We have to get used permit as Mr. Wein said because it hasn't operated for two years.

[1:23:59] Construction use, no residential neighbors, none of those problems.

[1:24:03] work with staff, find with the five items, as I said.

[1:24:08] Planning commission recommended approval, staff recommended approval.

[1:24:11] I hope you'll see fit to grant us an approval.

[1:24:13] Thank you for your time, and I'll stand by for questions.

[1:24:17] Thank you, sir.

[1:24:18] We have our next speaker to speak in favor of this ordinance.

[1:24:27] Good evening.

[1:24:28] My name is Sarah Beasley.

[1:24:30] I am the general manager of Capital Concrete,

[1:24:33] which is the ready-mix facility we're talking about.

[1:24:36] My family started this business back in 1959.

[1:24:40] My grandfather started it, my mother ran it for 40 years.

[1:24:44] In 2022, we became a part of Vulcan materials, but still operate under the capital concrete banner.

[1:24:51] I run all the facilities we have.

[1:24:53] We have five other locations, and we are looking forward to your approval and

[1:24:58] being able to move into the city of

[1:25:01] We're relocating one of our facilities from Chesapeake and moving it to this site, hopefully.

[1:25:09] As Mr. Royal said, this was a ready-mixed facility prior. It was taken down about 10 years ago,

[1:25:16] because the operator left the area. So we would like to put the plant back in the exact same area.

[1:25:23] It does not disturb any more, or it does not create any more pervious of a footprint.

[1:25:29] And we really look forward to joining the Suffolk community and being a proactive

[1:25:34] member of the group.

[1:25:37] So thank you.

[1:25:38] Thank you, ma'am.

[1:25:40] I have a next speaker to speak in favor of this ordinance.

[1:25:45] If anyone asks you'd like to speak in favor,

[1:25:50] very none do we have anyone who would like to

[1:25:52] speak in opposition to this ordinance?

[1:25:54] Is

[1:25:57] there any one president who would like to speak in opposition hearing no additional

[1:26:03] speakers as public hearing is now closed and ordinances been presented for council's

[1:26:08] consideration?

[1:26:09] What is your pleasure, Councilman Bennett?

[1:26:12] Mr. Wyne, would you come up a minute, please, sir?

[1:26:15] Of you, Eric, not Eric, Robert.

[1:26:19] On the traffic, you said, how many more trucks traffic that would increase in?

[1:26:24] They anticipate 34 additional trucks serving the state.

[1:26:29] 34 and the reason I'm asking that I have no problem with I remember the other

[1:26:34] cement plant was there but it's so close now up to Nassau Parkway and with all the

[1:26:41] other raw farms there and all that traffic starts backing up so much in there you just give me a little concern

[1:26:50] about how they're getting in and out special if they're coming across to make a

[1:26:55] left come and like to come in and stuff. So how are we going to be able to sort

[1:27:01] of manage that? Robert you want to try to help me out with that? I look to the

[1:27:07] engineer. I'm

[1:27:12] not sure I totally understood the questions, sir. All right, where

[1:27:15] the trucks coming out and third and four more and are so close to the

[1:27:20] intersection of Madison Parkway at the stoplight and then coming out to make a

[1:27:27] left turn traffic is already backing up or beyond the interest. How are we

[1:27:33] going to be able to deal with the trucks coming in? Let's go make a left turn.

[1:27:38] That may be an operationally issue for the applicant to explain, but generally

[1:27:42] concrete trucks is type of product that goes that early in the day. Most folks don't

[1:27:47] want to load concrete, showing up at a job five o'clock in the afternoon, which is

[1:27:50] when we have most of our problems.

[1:27:52] And again, traffic is going to generally turn to the left

[1:27:55] as you noted, but they're going to go down to suburban drive

[1:27:57] because, again, a lot of times, they're

[1:27:59] trying to get back to the south of the bypass.

[1:28:01] And that is the most efficient way

[1:28:03] to do that at the current time.

[1:28:05] In the near future, as the new sips of flyover comes over,

[1:28:09] there will actually be an opportunity

[1:28:11] for those trucks to turn right and go back

[1:28:13] and use that new flyover and go westbound again

[1:28:16] on the bypass.

[1:28:17] So in the short term, it may be a little bit problematic

[1:28:20] I don't anticipate we didn't see a lot of indication of that in our analysis, but again

[1:28:25] I think in a little bit longer term it will get much better.

[1:28:29] Okay.

[1:28:29] Thank you sir.

[1:28:30] Thank you sir.

[1:28:31] Any

[1:28:34] other questions?

[1:28:35] Comments or a motion?

[1:28:37] Councilman Fawcett.

[1:28:42] I'd go ahead and make a motion to approve.

[1:28:44] I think it's that location I'm familiar with and dealt with those folks quite a bit on some

[1:28:52] of the materials they hauled out of there.

[1:28:55] They do have trucks coming in and out of there at different times hauling, but I don't

[1:28:59] know that this is going to be a big impact right now.

[1:29:04] So therefore I think it's a good project for the Suffolk and appreciate you wanting to

[1:29:08] move from just becoming the Suffolk anyway.

[1:29:11] Thank you.

[1:29:12] We've got a motion for approval from Councilman Fawcett, Councilman Williams.

[1:29:16] I'd like to second that man.

[1:29:17] Second from Councilman Williams, Councilman Rector.

[1:29:21] Thank you, Mr. Mayor.

[1:29:22] Just in the interest of complete and full disclosure, I would like to point out that I'm

[1:29:29] proud to call Ms. Beasley my second cousin, her mother is my first cousin.

[1:29:34] The grandfather that she was referring to, John Toey the second, is my mother's brother.

[1:29:41] So we have a long family history.

[1:29:44] Unfortunately, that part of the family did not directly touch my part of the family.

[1:29:49] so I did not get to participate in the sale of capital concrete and I don't get to

[1:29:54] participate in anything that is ongoing with Vulcan materials and further

[1:30:00] And probably one of the few members of the direct family Ms. Basley that actually did not serve

[1:30:07] a time working for your mother at Capitol Concrete. But anyway, with that, I'm very much in

[1:30:14] support of this and I appreciate them moving their operation to Suffolk and I have discussed

[1:30:18] this matter with the city attorney and he is determined that I do not have a conflict

[1:30:22] and allowed a vote. All right, thank you for that history lesson Mr. Rector. We have a motion for approval from Councilman Fawcett and a second from Councilman Williams. Do we have any further discussion of the motion?

[1:30:38] Hearing none, Councilmembers prepared a vote. Please cast your vote. Madam Clerk, please record a vote.

[1:30:47] Motion is approved by a vote of 7-0.

[1:30:50] Okay.

[1:30:50] We'll move to our final public hearing for this evening, which is an ordinance to amend

[1:30:54] Chapter 31 of the Unified Development Ornids to the Code of the City of Suffolk, Article

[1:30:59] 5, Subdivision Section 31-505, Authorities, Section 31-506, Classification of Applications and

[1:31:07] General Procedural Requirements, Section 31-514, Family Transfers and Appendix A, Definition

[1:31:15] This is OTA-2023-009, Mr. Manager, please provide an overview.

[1:31:24] Yes, Mayor, Vice-Mayor, members of Council, again, Mr. Wein will give this staff report.

[1:31:29] Thank you, Mr. Manager, Mayor, Vice-Mayor. Members of Council, this is an ordinance-sex amendment,

[1:31:36] and looking at your exhibit B in our staff report for your consideration, it may seem really complex

[1:31:44] this ordinance text amendment, but as it is sometimes when you're modifying the unified

[1:31:51] development ordinance, you kind of have to untangle several parts of it to accomplish

[1:31:55] your overarching goals. So at the heart of this issue, it is to allow trusts and life

[1:32:02] estates to participate in the family transfer process. That is what this ordinance text

[1:32:09] amendment is about, I'll kind of walk you through what that means for us, what that means

[1:32:15] for you all, and what that means for citizens who want to utilize our family transfer subdivision

[1:32:21] process. But this comes back to a directive that we received in September, a couple of

[1:32:30] months ago, to ask the Planning Commission to research and initiate amendments that would

[1:32:36] allow for us to utilize the family transfer subdivision process as provided for in state

[1:32:42] code.

[1:32:43] State code does allow for this as such.

[1:32:46] We may or may not as locality participate because it's a permissive regulation but ultimately

[1:32:53] it will align with state code.

[1:32:56] So family transfer subdivisions are exempt from certain subdivision requirements, provided

[1:33:02] I decided that a set of requirements regarding ownership,

[1:33:06] transfer of the parcels are met.

[1:33:08] I'm going to outline just a little bit,

[1:33:10] so we all truly understand what we're talking about.

[1:33:13] But lots created through the family transfer process

[1:33:17] or are there subject to a couple stipulations?

[1:33:21] One, they have to be transferred to an immediate family member.

[1:33:25] We define that. I'll go over that in a moment.

[1:33:28] But they're also conveyance periods.

[1:33:31] They have to be held for a certain period after they are received.

[1:33:34] This gets back to the goal of family transfers to stay in the family and keep families close ultimately.

[1:33:42] So our current regulations stipulate that no family transfer shall be made by a limited liability corporation

[1:33:49] or other legal entity which fails to meet the definition of family.

[1:33:54] LLCs will still not be able to participate, but other legal entities, in this case trust,

[1:34:00] life of states, this would authorize them to participate.

[1:34:05] So here's the state enabling legislation, I won't read that, but it does state that

[1:34:12] locality may at its discretion, including its subdivision ordinance provisions that allow

[1:34:21] for a member of an immediate family, once again, as it's defined by state code of beneficiaries

[1:34:28] of a trust are they held in a trust to participate in a family transfer process, family subdivision

[1:34:35] process. A key caveat here is it differs from our current regulations for a traditional

[1:34:43] family subdivision to a person, to a immediate family to immediate family, which is associated

[1:34:49] with a 10-year-old in period for trust that would be 15 years. And that is what state code

[1:34:58] So it allows for, that is what our code...

[1:35:03] So, once again, here's the intent. The purpose and intent of the Family So Division is to keep

[1:35:09] family estates within the family, and within the immediate family, and really not for the purpose of short-term

[1:35:16] investment or sale. It's to eliminate, you know, proliferation of minor subdivision cuts. In fact, we revisited some

[1:35:24] of our provisions, and I'm going to go over these provisions just so we all have a good

[1:35:27] idea of the stipulations and regulations associated with the family transfer and what makes

[1:35:33] it different from a minor subdivision. But we revisited those probably about 10, 15

[1:35:38] years ago really to deter circumventions of our minor subdivision regulations. It really

[1:35:44] comes down to how many cuts a farm may have. And folks were participating in the circumventing

[1:35:52] the minor subdivision process by doing family transfers.

[1:35:56] So family subdivisions are permitted only in these zoning districts.

[1:36:01] There are rural zoning districts, so your agricultural zoning district, your RR, that's your

[1:36:06] rural residential and your RE zoning district.

[1:36:11] No family subdivision is allowed for any parcel created through the provisions of a major subdivision.

[1:36:18] So in certain areas of the city, you may be zoned RE, but you are in a established major

[1:36:25] subdivision.

[1:36:27] The existence of your lot within a major subdivision prohibits you for participating.

[1:36:35] So just to kind of walk you through, going back probably a year and a half or so, kind

[1:36:42] of touched on the differences between minor subdivisions and family transfers.

[1:36:47] but minor subdivisions, no more than three cuts,

[1:36:50] plus a residue for each parent track,

[1:36:52] as it existed on March 1st, 1970.

[1:36:56] That would get you three lots, plus a residue, four lots in total.

[1:36:59] That's our minor subdivision process.

[1:37:01] Each lot must have road frontings in a public street,

[1:37:05] and minimum road frontage is determined by the underlying zoning district,

[1:37:09] but for apples to applesake here.

[1:37:13] In the A, the RRE zone districts, that is 150 feet of road frontage.

[1:37:18] So you need to have that road frontage in order to participate in the minor subdivision

[1:37:23] process.

[1:37:23] Without that, you do not meet our minimum zoning requirements.

[1:37:28] And then there are the underlying lot requirements.

[1:37:31] They still apply for family transfer subdivisions, but in the A and the RR, that's one acre,

[1:37:37] minimum lot size, in the RE that is three acres.

[1:37:42] These are administrative approval process, ultimately signed by the director of planning

[1:37:47] and community development, who acts as the subdivision agent.

[1:37:51] So here's a good example, you've all seen this before, but this is a traditional might

[1:37:55] of subdivision, one lot plus, I'm sorry, three lots plus a residue.

[1:38:00] These just so happen to be about three acres or so in size, but this is ultimately what

[1:38:06] that looks like on a plat.

[1:38:08] You can see all of these lots have roadfronts on West Liberty Spring Road.

[1:38:13] The key difference for a family subdivision is no street frontage is required.

[1:38:20] You can be served with an easement.

[1:38:23] We need a record of that easement.

[1:38:26] It needs to be deeded and associated with the plat should that be utilized.

[1:38:32] But that easement lots do have to have at least 50 feet on that easement.

[1:38:37] And that easement needs to be reasonable on size and not less than 15 feet in width to accommodate a vehicular traffic.

[1:38:47] The Planning Commission is the approval authority for family transfer subdivision plots.

[1:38:54] So the proposed amendments before you this evening are a touch of a variety of sections.

[1:38:58] I'm going to kind of breeze through them.

[1:39:01] But we amend the two definitions as it relates to this process in appendix A.

[1:39:06] That's where definitions live in the UDO.

[1:39:09] We modify Section 31505 as it relates to the authority for the subdivision process.

[1:39:17] Section 31556, which talks about the classification of different subdivision applications.

[1:39:22] And ultimately, the Biggie Section 31514 that outlines the family transfer process.

[1:39:28] So, the amendments do a few things, but we expand our definition of family subdivision

[1:39:38] really to enable a trust or a life of state to participate.

[1:39:43] The definition of immediate family has been updated.

[1:39:46] The state defines that.

[1:39:48] We are utilizing their definition to utilize within the UDO and this is what immediate family

[1:39:56] in Virginia means it's any person who is a natural or

[1:40:00] So you legally defined offspring, stepchild, spouse, grandchild, grandparent, or parent of the owner. Specifically, it does not include aunts, uncles, nieces, nephews, cousins, or any other necks of kin to the owner. So immediate family is specific. And that is what the family transfer process in Virginia is limited to. We have updated the term a family transfer throughout the UDO.

[1:40:29] which is kind of misleading. It's a family subdivision. It's a subdivision of land that's participating in the family subdivision process. So, you'll see that in the six of it be.

[1:40:41] Additionally, Section 315-05, we've updated that to identify the state enabling legislation.

[1:40:47] So

[1:40:50] there are three parts to this, and I know it's a lot of information, but because there

[1:41:01] are certain regulations that will apply to all family subdivisions in the city, we've

[1:41:08] kind of broken it into three sections.

[1:41:10] So we have the regulations that will apply to all family subdivisions, both those where

[1:41:17] trust is involved in those where it's just an immediate family member to an immediate family member,

[1:41:21] there's no trust. And then we've broken it into the differences. So we have the your trust,

[1:41:27] you're doing it this way. If you are a family member to a family member, you're doing it that way.

[1:41:33] That's kind of how we had to break it up. And that's because we wanted to change as little as possible

[1:41:37] as it relates to our current process for the person to person transfer while accommodating the trust

[1:41:43] to immediate family member process and I'm going to walk you through those differences here.

[1:41:49] So the following are all regulations that apply to every family subdivision in the city

[1:41:55] of Suffolk but the immediate family members must be 18 years of age or older.

[1:42:03] That is important because in theory, if they weren't, they could deed it and the conveyance

[1:42:09] period, holding period would expire by the time they even get 18 and then they're free

[1:42:12] to sell the property. So that would be kind of a clear circumvention. Plats must be

[1:42:18] accompanied by sworn affidavit from the Granter-Angranti, basically acknowledging and adherence

[1:42:24] to the provisions that I'm outlining here of which they're substantial. There must be the

[1:42:30] submission of an executed affidavit that acknowledges the intent of the Family Subdivision, is not

[1:42:36] for short-term investment or sale outside of the family. Submission of a title report completed

[1:42:42] to buy title examiner, the allowance of ingress egress easements to be used in lieu of front-edge

[1:42:47] required of traditional subdivisions. So at that point we would need that deed associated

[1:42:54] and acknowledgement of that easement on the plat presented for the city's approval. Compliance

[1:43:02] with all applicable laws including the Department of Health requirements, signature of the plat

[1:43:07] That by all individuals having interest, including easement rights, that's really important.

[1:43:13] So if there's an easement of the property that they may have interest in but they don't

[1:43:17] necessarily and those folks would still have to assign that plat.

[1:43:22] We also require approval at the time of plat of any well-inceptic systems by the Virginia

[1:43:28] Department of Health and authorization of, once again, family subdivisions are only permitted

[1:43:33] within the A, the RR and the RE zoning districts.

[1:43:37] So, these would be the specific criteria for trust in life estate, so in order to participate

[1:43:47] in the family transfer process with a trust, the trust beneficiaries must be immediate

[1:43:55] family members to each other.

[1:43:58] If that is not the case, you are then not eligible.

[1:44:03] All trust beneficiaries must agree in writing to the proposed family subdivisions.

[1:44:09] So all members of that trust, their immediate family members, and they agree in writing

[1:44:15] that the property should be subdivided.

[1:44:19] So all grantees of subdivided land, those receiving the property, they have to be an immediate

[1:44:26] family member to at least one member of that trust.

[1:44:30] So they still have to meet that immediate family definition, but for when we're considering

[1:44:37] trust, they just have to be an immediate family member of one.

[1:44:43] The grantees need not be beneficiaries of the trust themselves.

[1:44:49] So those are the provisions that are specific to trust in life estate, family subdivisions.

[1:44:57] So, what are the differences between the two?

[1:45:01] You put this table together, but on the left side of the column, there you have family subdivisions,

[1:45:08] these are your traditional family subdivisions, and then you have family subdivisions including

[1:45:12] a trust or a life estate on the right-hand side. But the ownership period before you can participate

[1:45:18] in the subdivision process for a traditional family subdivision is three years. You have to

[1:45:23] have held that property in fee-simple ownership for three years.

[1:45:27] The difference for trusts, there's no ownership period required before you can participate.

[1:45:36] So trusts, they could have, they came into the property ownership, you know, yesterday

[1:45:41] and they can submit a plat.

[1:45:45] The holding period after conveyance for a traditional family subdivision is 10 years.

[1:45:51] for trust. It is 15 years. Once again, that is state requirement if we are to enable trust

[1:46:01] family subdivisions. The holding period must be 15 years. The reason that the traditional

[1:46:07] family subdivisions does not have to be 15 years and the city can select what conveyance

[1:46:15] period, a holding period that they choose is because we're a fast growing locality.

[1:46:20] City of Suffolk is identified by the Commonwealth of Virginia as a fast growing locality.

[1:46:26] This was not a provision that we wanted to necessarily change as it relates to traditional

[1:46:31] family subdivisions.

[1:46:32] The process has largely been working.

[1:46:35] In both instances they will be able to seek relief.

[1:46:39] That would be a city council action and that would be relief from the holding period.

[1:46:43] You, on occasion, see those circumstances have, you know, changed as it relates to the

[1:46:49] grantee who received it and for whatever reason they are looking to sell it.

[1:46:54] That still requires city council action for both.

[1:46:58] Additionally, there are limits on when the subdivision created to the family transfer process can

[1:47:06] then be subdivided itself.

[1:47:07] It's rare this happens, but in order to do that, there's conveyance periods come back.

[1:47:12] So, you cannot do that on a traditional family subdivision for a 10-year period and for

[1:47:19] a life to trust a state for 15 years.

[1:47:24] So I know that's a lot of information.

[1:47:26] I apologize for talking so long, but this is a lot of information, a lot of variables.

[1:47:33] But ultimately, this is to allow for trust in life estates to participate in the family's

[1:47:38] transfer process.

[1:47:38] That's what this is about.

[1:47:40] I hope we were clear on the differences between traditional versus life states, and we're

[1:47:47] supportive of this.

[1:47:48] We believe it can work, and the Planning Commission at their meeting on December 19th by

[1:47:53] vote of 7-0 are sending to you all a resolution recommended approval of this event.

[1:47:59] So, with that being said, I will stand by.

[1:48:01] I think it was another public hearing for any questions.

[1:48:04] Okay.

[1:48:04] Thank you, Mr. Wine.

[1:48:06] Before we open the public hearing matter clerk, please explain the timing system.

[1:48:09] This is a public hearing and each speaker has asked to provide their name and their address

[1:48:13] and we'll receive three minutes to offer their comment.

[1:48:16] This is a public hearing for the first speaker, please come forward and provide their name

[1:48:20] and address.

[1:48:21] Have

[1:48:25] anyone who would like to speak?

[1:48:30] Hearing no speakers, the public hearing is now closed and ordinance has been presented

[1:48:34] for council's consideration, questions, comments, or emotion.

[1:48:38] Councilman Fossett.

[1:48:39] Move to approve the bill an emotion for approval from Councilman Fossick Councilman Johnson Kevin. Thank you

[1:48:46] Second

[1:48:47] The second from Councilman Johnson

[1:48:49] Is there any discussion of the motion I'm

[1:48:54] hearing none before we vote. I just like to add that I think that this

[1:48:59] was needed and appropriate

[1:49:02] In today's environment I know after

[1:49:05] In recent years it has been recommended that a lot of individuals put their personal holdings into a personal trust

[1:49:11] And this isn't a great addition to us being able to accommodate our citizens and have chosen that method.

[1:49:21] So with that being said, we get a motion for approval from Councilman Fossett with a second from Councilman Johnson.

[1:49:29] Councilmembers prepared a vote.

[1:49:32] Please cast your vote.

[1:49:34] Madam Clerk, please record a vote.

[1:49:38] The motion is approved by a vote of 7-0.

[1:49:41] We have no ordinances nor resolutions this evening.

[1:49:45] We do have a staff report relating to speed enforcement cameras.

[1:49:48] Mr. Manager, please provide an overview.

[1:49:51] Yes, Mayor Vice-Memberer, the council's night staff report is an update on the city's

[1:49:55] speed enforcement cameras.

[1:49:57] Focus of the report will be on the effectiveness.

[1:50:00] And what type of activities that we see being constructed or done out of any revenue experience?

[1:50:09] Chief. Thank you, Mr. Manager. Mayor Dumont and Vice Mayor Ward, members of council.

[1:50:15] Thank you for the opportunity to come before you tonight to provide this update, this

[1:50:19] joint update with Director Lewis on the automated photo enforcement that we have in our city.

[1:50:26] My portion of the program will be I'll focus on the work zones and I'll focus on our school

[1:50:34] zones.

[1:50:36] First slide, you can see it's Holland Road, including Boulevard work zones.

[1:50:41] You can see our high number, when it was implemented from June, July and August, our numbers

[1:50:47] of citations there were high 12,000, 15,000, 15,000, but then they started to decrease after

[1:50:55] that on both on both prudent boulevard and holland road. We had one uptick on holland road in

[1:51:01] October and we believe that was due to the fact that the road construction ship did and we had

[1:51:08] to move the we moved the cameras because of that ship. So the cameras have moved so we had

[1:51:13] an uptick in October and as you can see in November and December those numbers started to go down.

[1:51:19] On the 5.76 in December is not the entire number because some citations are still being

[1:51:26] reviewed by staff before they can add to that number.

[1:51:32] Prudent boulevard kind of the same thing.

[1:51:34] You see the numbers are high at the beginning and then they gradually continuously go down

[1:51:39] month to month.

[1:51:44] Next slide is the National Suffolk Academy, school zones as both the National Suffolk Academy

[1:51:48] on Prudent Boulevard and our NASA Academy Harborview Boulevard campus.

[1:51:54] Same type of thing here.

[1:51:55] You can see in August, once it started, you had your higher numbers in August and September,

[1:52:01] and then the numbers began to decrease and continue to decrease through December.

[1:52:09] Elephants, four, Florence Bowser and NASA Parkway Elementary Schools.

[1:52:13] Same type of thing we're going to have throughout this presentation is that the numbers when

[1:52:18] school started in September, then the numbers were highest in October, and then they began

[1:52:22] to decrease as words started getting out that they were in use.

[1:52:30] MacBen, Jr. Oakland and Creekside Elementary Schools, same scenario, the numbers start

[1:52:36] high, and then they continuously decrease as the word gets out, and people start to adhere

[1:52:41] to the science.

[1:52:46] John Yees, John F. Kennedy, Kingsport Middle and High Schools, same scenario throughout this

[1:52:51] is that the numbers begin high and then they continuously go down as the word gets out.

[1:53:03] The total issued citations versus court hearing request is 0.8, over 133,000 citations issued

[1:53:11] only 1100 have been contested in court and that's less than 1%, 0.83% have been contested

[1:53:21] in court. The number of citations issued to Suffolk residents, I know the number, and

[1:53:28] I believe the mayor spoke on before, was 14% at some point, but that was before our

[1:53:32] school zones. So that number has went to 19.67% Suffolk residents out of 133,000 citations

[1:53:42] issued. Only 19% of those have been to Suffolk residents, 81% have been from other cities

[1:53:49] or other states.

[1:53:55] And the purpose of all this is safety. The Suffolk Police Department

[1:53:58] works hard each and every day to ensure that our mother and public can move through our

[1:54:03] city safely. The deployment of this technology is specifically focused on slowing traffic

[1:54:08] and potentially dangerous areas to keep our workers, keep our children, keep our citizens

[1:54:13] and our visitors safe while they're in our city. And with that being said, I'll turn it

[1:54:19] But Mr. Lewis, and I'll be available to answer any questions when he's done it.

[1:54:33] So again, we're just going to do a quick overview of the entire program and just give you

[1:54:37] a few updated facts on this.

[1:54:39] So again, remember, we're actually running four different types of systems.

[1:54:43] We're running the red light running systems that are yet to come on board, and I'll talk

[1:54:47] a little bit about that in just a moment.

[1:54:50] We currently have the speeding in the school zones.

[1:54:53] There's a permanent cameras.

[1:54:55] We have the passing of the stop school buses that are portable cameras on a certain number

[1:54:59] School buses.

[1:55:00] And again, we have speeding in two of the work zones within our city. Again, just reminding you, a lot of these, you're seeing these temporary trailers set up in front of the school zones, they're being converted to a more permanent setup. And again, on the sides of the school buses, currently we have 51 school buses in the city that are outfitted with these camera systems. And again, our work zones, the state loan, these work zones and these school zones are very clear as to how we are

[1:55:30] operate when we operate and what requires signage has to be in place. There's been a lot of internet traffic lately about those but again everything has been verified as being correct and proper in accordance with state law as far as signage and locations.

[1:55:48] So again, we have the red light running cameras we're getting ready to bring online our biggest challenge as far has been getting permanent power to these.

[1:55:58] The good news is I got notification just before I came in today that very first one of those had a meter set today

[1:56:04] That's at prudent and lake prints drive

[1:56:07] So again, we're in a very near future. We'll bring that online

[1:56:10] We are working on the rest of the gentleman from dominion power is committed to me

[1:56:14] He's working the rest of the list to try to get those cameras those meter sets so those cameras can operate

[1:56:21] I'll remind you one of the requirements is once we bring those online

[1:56:25] We have to do a 30-day warning period in which we issue the warning notices to the public before we can begin actual enforcement.

[1:56:33] And prior to doing that, we would certainly do a very extensive public notification and outreach to give people warning that those are in place.

[1:56:48] So again, what are the locations of these red light cameras?

[1:56:51] Again, you can see those at this point, we are authorized by state code to have up to nine locations.

[1:56:57] We initially selected eight of these and one of those is actually a little bit on hold

[1:57:03] again pending construction.

[1:57:05] So there may be a time as we move forward that we end up with a work zone camera and

[1:57:09] that construction zone depending on what the experience is once construction starts.

[1:57:14] But again all of these cameras are getting ready to come online as soon as we can get permanent

[1:57:17] power in place to them.

[1:57:21] Just real quickly as a reminder what the civil penalties are and I say civil because these

[1:57:25] These do not have criminal relationships to them.

[1:57:30] There are no points brought to license.

[1:57:32] So again, when the red light cameras come online, they will be a $50 per violation charge.

[1:57:37] School bus violation, certainly one of the most important things is a $250 fee and the

[1:57:43] school zone and the worker zones are each $100 a piece for violating those work zones.

[1:57:48] I will remind you there is a 10 mile an hour threshold on the speed zones.

[1:57:52] So whatever the posted speed limit is, you have up to nine miles an hour above that before the camera kicks on.

[1:58:00] There's been a lot of comments about whether or not the cameras can track multiple vehicles.

[1:58:04] Again, as we noted in earlier presentations, these are state-of-the-art LiDAR, which is laser related systems

[1:58:11] and they can track multiple vehicles almost instantaneously.

[1:58:15] So again, when somebody says, well, I was driving through and another vehicle blew by me and I got the ticket.

[1:58:21] I will guarantee you both vehicles got the ticket or all three vehicles got the ticket.

[1:58:25] There's been some conversation about have we been sighting tractor trailers?

[1:58:30] And again, yes, we are sighting tractor trailers.

[1:58:32] In fact, I've had some conversations with one of the big carriers in our area

[1:58:37] and I said, how are you handling this?

[1:58:39] And they said, we tracked down who's pulling our trailer and we sent in the bill.

[1:58:42] So those are going out also.

[1:58:46] So again, the question is, what are we going to do with the funds that have been raised us

[1:58:50] for from the operation of these cameras. And again, the whole idea was to try to put this

[1:58:55] money back into improving public safety around our city. We talked at the last council

[1:59:00] meeting about upgrading the school flashes. One of the complaints we've heard quite a

[1:59:04] bit is our school flashes do not always seem to come on and come off at exactly the proper

[1:59:09] time. I liken to the mayor the other day that it's kind of like we took a system over and

[1:59:15] We got everything from a state-of-the-art Tesla to a Model T with bail and wire and duct tape on the fender.

[1:59:23] So, again, we're trying to bring that up.

[1:59:25] The beauty of it is, once we get these things upgraded, we will be able to instantaneously know every day,

[1:59:30] every moment whether they're operating properly, we'll be able to generate reports.

[1:59:33] If during a day, schools either take in late or close early,

[1:59:37] we can instantly send a message out from our office,

[1:59:40] one message, and change all the cameras to the appropriate,

[1:59:42] I'm sorry, not the camera's changed the flashers to the appropriate times.

[1:59:47] The days when those occur, we do not operate the citation system.

[1:59:51] So if school was supposed to be open 8.30 in the morning for some reason, it's 10.30

[1:59:55] when the cameras don't operate that day.

[1:59:58] You hear a lot of things floating around.

[2:00:00] We operate these within the parameters of the times on the signs that are posted in each of these locations. So, again, last council, you all authorize us to upgrade the school flashes. And we also have a proposal to put a pedestrian crosswalk and some sidewalk improvements in between Kingsford High School and Middle School. We are proceeding full with those right now under designing and ex-equipment has been ordered for the pedestrian system. And, again, hoping the very near future will have that operational.

[2:00:28] The side won't work may end up being this summer after school gets out again to minimize

[2:00:33] the impact to our school system.

[2:00:36] There have been a number of other projects that have been suggested and some of those

[2:00:39] you'll see on the screen as for possible things to use these funds for.

[2:00:45] My staff is very much in the process right now evaluating these and trying to work up cost

[2:00:50] estimates and effectiveness estimates that we can bring back to again decide on what the

[2:00:55] final locations that we're going to utilize these funds for and with that the

[2:01:00] chief and I certainly stand available for any questions you may have on any of

[2:01:04] these aspects of our program. Thank you. We'll get all on lights up now Councilman

[2:01:09] Fossick. Robert thanks for the presentation also chief thank you for what you're

[2:01:15] doing out there each and every day in all your officers and personnel. The school

[2:01:21] flashes. Do you have any idea? I know that's going to be a kind of a monumental project

[2:01:26] to get them all synchronized to where you can put them online at the times it's supposed

[2:01:32] to be. Is there any timeline on one of that project? Is it still be operated by the school

[2:01:36] system now? The way it operates under there, I guess it's got a box there and they set the

[2:01:42] time and all that in there for them lights. So where are you going to be in the process

[2:01:47] of how long it's going to take to get this program shifted to you so we don't hear complaints

[2:01:53] about where the school light is going to operate and then I got to take it, blah, blah,

[2:01:56] blah.

[2:01:57] What are your thoughts?

[2:01:58] Yes, sir.

[2:01:59] So, back when this system began, back early, late last spring, early summer, we, we, the

[2:02:05] city went to the school system and said, hey, we'd like to take these systems over for you

[2:02:09] and operate them because again, we saw it was imperative that the flashing light systems

[2:02:14] and the camera systems worked hand in glove.

[2:02:17] They had to be timed the same.

[2:02:20] As I noted earlier, and we took that system over,

[2:02:22] we got everything from state-of-the-art equipment

[2:02:24] that we don't really need to do anything to,

[2:02:27] except maybe put a communications modem in,

[2:02:31] to stuff that might even have been out there

[2:02:33] when I was a kid in school.

[2:02:35] So some of this stuff is very hard to keep operational.

[2:02:38] There are actually two dates.

[2:02:40] There are a couple of locations

[2:02:41] that we've had complaints about operation.

[2:02:43] We actually have a camera watching the flashers again to make sure they're operating properly and we can document if they're not.

[2:02:49] Again, we get calls from time to time.

[2:02:51] We can check on that.

[2:02:52] Our priority at this point, I've asked staff as soon as this equipment starts coming in.

[2:02:57] Let's hit those ones that we've got the complaints that we know is the oldest equipment, the least reliable equipment and start bringing it online.

[2:03:04] Again, the equipment just was ordered and in today's world, we just don't know how quickly some of that may come in.

[2:03:12] And we've not been told it's going to be an extended period of time, but it's probably

[2:03:15] going to be at least a couple months, but get all this in and get it out into field

[2:03:19] and get it operational.

[2:03:21] And also in that process, you all be sure positively sure that there's no obstruction from where

[2:03:30] the flashing light indicates before it gets to the radar detection of the traffic, because

[2:03:38] because I've heard complaints we're allowed.

[2:03:40] You can't see the lights and the signage is in the way of the lights and we need to do

[2:03:46] everything we can to make sure that those blinking lights are 100 percent in the eyeballs

[2:03:52] of those drivers so that we don't hear those complaints.

[2:03:56] And I know I've had a plane two of that.

[2:03:58] Yes sir, we've heard a couple of those two and actually in the process of moving a couple

[2:04:02] of signage locations now to make sure that one is not blocking the other in any shape

[2:04:07] form of fashion.

[2:04:09] And I think that, you know, you touched on the, you know, the amount of money where it's

[2:04:14] going, the projects we're trying to do, I think we need to get somehow to the public

[2:04:20] that we're not putting this money into the general fund to use for other city projects.

[2:04:28] It's going to be embarked for public safety issues, for corrections of a public safety committee

[2:04:35] that's working diligently, I know I'm on it, the mayor's on it, to come up with ways to

[2:04:43] utilize those funds to improve the safety for the public.

[2:04:47] So, we're not dipping into the general fund or we're not putting this into the general

[2:04:52] fund to be used for other road projects or other things.

[2:04:56] And I think that's, people ask like, where are you going to go with the five million dollars?

[2:05:00] You know, I mean, it's, how many times we can explain over and over what we're trying to use this for, but we truly are keeping, we have to keep hitting on that because we don't want them to think that this money is just being, you know, used for other things. And we're trying to build the coffers up in our pockets here in the city. And that's not what we're trying to do. We're truly using this funding for safety for the public. And we will continue to use that. I'm sure I don't have

[2:05:29] to relay more than that to you and to the chief, but that's something that I keep hearing

[2:05:35] over and over. It's a lot you hear on the internet that keeps hitting us. You know, of

[2:05:40] course, it's always going to be the unhappy person that gets the ticket. I mean, I would

[2:05:45] be unhappy if I got one, but that's my stupidity if I get it. But we just need to do something

[2:05:51] to get this traffic, the slow down in those areas that we got these detection systems up,

[2:05:59] And I'm hoping that we get those red light camera meters in.

[2:06:05] I know we're ready up north end with a couple of locations.

[2:06:09] Harp of you Boulevard coming off 664 or 164 coming down to Harp of you Boulevard is a disaster.

[2:06:19] You usually find one upside down or you have a broad side hit there.

[2:06:24] We need that camera diligently on there because the traffic coming out of that area coming off that.

[2:06:29] interstate is just horrendous of that traffic light. So keep up what you're doing. I appreciate

[2:06:35] everything everybody's doing. Thank you.

[2:06:37] Yes sir.

[2:06:38] Vice Mayor Ward?

[2:06:40] Yes sir. I just, and I spoke to your body. I just want to make sure, loud and clear, about

[2:06:46] is a time period when the lights are off with no construction, 10, 11 o'clock a night is, you know,

[2:06:53] It's free to drive more than 25.

[2:07:00] So what I can tell you is the question always is when are the camera systems operating?

[2:07:05] So the school camera systems operating during the times of the day that school is taking

[2:07:10] in and closing and shutting down and students are leaving as posted on those signs.

[2:07:15] Times outside of those signs the cameras are not operating in the school zones.

[2:07:21] in the work zones, generally our work zones run from 7 a.m. to 5 p.m. weekdays.

[2:07:30] Now if there is a day that we have really bad weather and there's absolutely no work going on in the work zone,

[2:07:36] we do share that and we turn the cameras off into those periods of time and certainly nights and weekends.

[2:07:42] But there are occasionally times like on Holland road where we've had to work at night.

[2:07:46] And when we have people working at night, the cameras are operational.

[2:07:49] Again, it's all about trying to keep the folks that are working in the highway safe and

[2:07:54] getting them home along with the folks that are passing by.

[2:07:58] We don't want something to happen and they react and have a crash and then they don't

[2:08:02] make it home.

[2:08:03] So yes, sir, it's very clear when they're operation, when they're not antidotically, I will

[2:08:08] tell you that we have seen these to be very effective.

[2:08:12] If lawful time, not oftentimes almost all the time, night days and weekends, I see special

[2:08:19] 58, I see traffic driving at a much slower rate, much more in tune with the traffic laws

[2:08:25] than what we've had in the past.

[2:08:28] But always, always obey the posted speed limits.

[2:08:32] Thank you.

[2:08:33] Yes, sir.

[2:08:38] Thank you.

[2:08:40] I was surprised and the number of court cases that people are going to court challenges

[2:08:49] and their tickets.

[2:08:50] I didn't realize it was that many people, I thought they were just paying the bill.

[2:08:55] With that number going to court, has anybody talked to the courts to find out the strain

[2:09:01] that that's putting on the court system?

[2:09:05] Anybody know that?

[2:09:08] That's some different, you know, added on to what they've done.

[2:09:12] And I know that it's been flowing pretty smoothly, going to court, because they have a specific

[2:09:18] day that they'll hear these cases, that they'll hear the camera cases, and they'll usually

[2:09:22] get them done first.

[2:09:24] But as far as the strain on the court, I can't speak enough, but it doesn't appear to be anything

[2:09:30] other than, you know, a normal court day.

[2:09:33] I believe it was 1100 or so contested out of 133,000 and the whole scheme of things relatively

[2:09:43] small number.

[2:09:45] Okay.

[2:09:45] I was just wondering with the amount of court cases that they have to hear, is that

[2:09:50] that money should be directed to system and whatever, what they might have to actually put

[2:09:57] in there.

[2:09:58] That's a good point.

[2:09:59] Yes sir.

[2:10:00] I would like for us to take a look at that and work with the courts to see about the amount of time or extra time that it takes them to go through this. Maybe some of that money should be directed to the courts to help them with whatever needs they might have. That's just a thought. I'll bring it back later. Yes, sir. Mr. Bennett, also one of the things that I have heard, again, anecdotally, I do not have actual numbers to back this up, is there was a much higher rate of

[2:10:29] of challenging these in court in the early days. And now there's a little bit of history

[2:10:35] and folks are seeing how these are being treated by the court. That number is starting

[2:10:39] to decrease. So what the chief gave you there was the overall number since the creation

[2:10:44] of the project. We probably need to look at months by month how those numbers have gone.

[2:10:49] I appreciate that.

[2:10:51] Thank you, sir.

[2:10:52] Mr. Manager?

[2:10:54] Councilman Bennett just to go back to your question and loading of the courts, of course, we're heading into the operating budget time, and we'll wait to see conversations that point with the courts, what may or may not be seen.

[2:11:10] Councilman Rector.

[2:11:12] Thank you, Mr. Robert. Just a couple of quick questions on the cameras that are on the school buses. I believe you said they're on 61 of them, 51 51.

[2:11:23] Do the routes that those buses take vary day-to-day so that, you know, one day it might be going through Williamston the next day

[2:11:31] a bus might be out on Old Mill Creek

[2:11:35] Or are they or the cameras that are on those buses? Are they assigned to specific routes so that essentially only those routes are being enforced?

[2:11:46] Certainly, I can't give you the day in a day out so that I believe my understanding is generally these are fixed routes

[2:11:52] in the bus, the A bus runs the same right over and over again.

[2:11:57] There's certainly an expense to these.

[2:11:59] These cameras are about $499 a month to operate on each camera.

[2:12:05] So currently we invest in almost $25,500 a month into this camera system.

[2:12:10] What we did in the beginning was we asked the school system,

[2:12:13] please evaluate the locations where you think you had the most need.

[2:12:18] Where's your high speeds?

[2:12:19] because, again, somebody running pass a bus on a highway is much different. Somebody

[2:12:24] running pass a bus in a neighborhood street. Valuate those, evaluate where your

[2:12:29] drivers are seeing they're having the most violations. And the school system

[2:12:33] actually picked where to put these and have deployed them thus. So I've actually

[2:12:37] told to them about the feasibility of trying to move some buses around if they

[2:12:41] got buses that are not really having any violations. Maybe we need to shift that

[2:12:44] bus to another right, like you said, to get somewhere else.

[2:12:48] Which really interesting, the number of violations on the buses is surprisingly low.

[2:12:57] There's quite a few violations that are recorded, but the time it goes through the process

[2:13:02] of being reviewed both by the company operating the system and by the police department, those

[2:13:08] was go down dramatically. The last, like in the month of December, we actually had 17 violations

[2:13:15] that we sent citations out for. That generated $4,250, but yet we paid almost $25,000 to operate

[2:13:24] the system. So at this point, the rest of the system, the other camera systems are helping

[2:13:29] to subsidize and keep the bus systems going. The bus system is not a cash neutral. We're

[2:13:37] We're actually subsidizing that, but again, that's part of what the whole program is about.

[2:13:40] It's an overall safety program that we're trying to make everybody on the streets safer.

[2:13:45] And certainly our children and most precious cargo we have out there.

[2:13:49] So again, we are subsidizing and keeping that going.

[2:13:52] Good program, as we go forth, please partner and I are going to participate with a program

[2:13:58] with the school bus drivers at a very near future.

[2:14:01] And we're going to talk about some of the things that we're seeing in the videos as to why

[2:14:05] the citations may not be making it all the way through to actually getting a

[2:14:09] ticket issued. A lot of that has to do with the state law says you can't pass a

[2:14:15] stopped school bus. When the school bus is coming to a stop, if they turn the

[2:14:21] lights on early, the red lights and the school bus is still moving, anybody that

[2:14:26] passes that bus is technically not in violation and those are getting thrown out.

[2:14:30] So again, we think some of this may be educational the part of the bus drivers

[2:14:34] that there may be a few more violators like that we need to catch and try to change their behavior but

[2:14:40] again it's educational for the drivers also for school bus drivers and we're working on that.

[2:14:45] So going back to my original question if the school system determines that a

[2:14:51] camera that a bus needs to change the route they have the ability I guess to do that if a driver says

[2:14:57] you know I'm for whatever reason I'm getting

[2:15:30] I drive it. I don't want somebody else to drive it. So, you know, when you start talking about shifting equipment around, it gets a little bit more challenging, because people take ownership of that, and they take pride in their equipment, and I appreciate that. There are certainly these things are physically mounted to the school bus. They're built in there. There's a lot of time and money invested in installing them, so we can't just say, well, we just take it out of this bus and move it to another bus. So, again, we are looking at that with them, though.

[2:15:58] And then the red light cameras, and you were talking about work zone at night, the cameras

[2:16:05] can pick something up, can pick up a license plate at night.

[2:16:08] Yes, sir, it's infrared, infrared, awesome, okay.

[2:16:12] Then one more, you were talking about, you know, if the school had a delayed opening

[2:16:17] or whatnot, and their opening time does not match what is on that sign, the cameras aren't

[2:16:23] cut on.

[2:16:23] And does that essentially mean that there's if for whatever reason because of a snow or a storm or whatever and there's a two hour delay or they get out at noon that when they're leaving or arriving to school at the late opening and then leaving at an early dismissal, there's essentially no enforcement.

[2:16:45] Yes, I'm a little bit hesitant to make that because again we want people to obey our traffic law.

[2:16:50] all the time for safety, but yes, we are not operating the systems.

[2:16:53] If it's a day for some reason, our school system gets canceled altogether.

[2:16:57] Again, we notify the company, we turn the system off and we do not issue citations during

[2:17:02] those times.

[2:17:03] So, again, on the social media, there's been a lot of comments made.

[2:17:07] I got one at midnight in front of such and such school.

[2:17:11] We are yet to have a valid person come back to us and bring us a ticket and show us a

[2:17:18] violation like that. Because again, we're open. If we have something not operating properly,

[2:17:22] we'll, we'll plot no process to ticket and correct the situation. But yet we are yet to see

[2:17:28] some, most all of these violations that are saying, well, I didn't do this or it happened at

[2:17:33] our time or something. We do not have any, anybody actually come forward yet with a valid ticket.

[2:17:41] They can show us that was done in properly. Okay. And then finally to sort of piggyback on something

[2:17:48] that Councilman Fawcett brought up, in terms of how we utilize the money that is collected.

[2:17:58] I think we need to be careful with how we define things because the term public safety

[2:18:04] can be pretty broadly applied. I mean, what I don't want to do is see a turn in to the

[2:18:10] Commerce Clause of the Constitution. We're basically everything that Congress wants to

[2:18:16] do, they can throw it under the commerce clause, so I just, you know, we told the public

[2:18:20] that the money was going to be used to enhance public safety, and I just, I think we need

[2:18:25] to make sure that that's where it is spent.

[2:18:29] Mr. Manager, if you could address that.

[2:18:31] If I may, as we work through our budget this coming year, we're going to have line items

[2:18:36] in a few of the departments that call it community safety.

[2:18:39] So that can be anything that is safety generated, some project could be a road improvement

[2:18:49] where we have a crosswalk, lights in the dark and area, or in talking as we work through

[2:19:00] the public safety committee, we could be talking about some of our safety issues related to

[2:19:05] like. But the key is is that it all will be used for safety for our community and for

[2:19:14] our residents. And that's what we promised the public. I'm glad to hear that.

[2:19:22] Council

[2:19:22] and other questions or comments. Thank you, Chief. Thank you, Robert, for your presentation.

[2:19:28] Just a couple of things. Believe me, I've probably addressed more. Speak and

[2:19:38] a number of questions, comments. I mean, just as recently as this morning, I had somebody

[2:19:41] show up with two citations that they'd received out of the street in a school zone, so we

[2:19:48] had to address those. I got my car, I came back, a couple of pictures and by the time I got

[2:19:52] back, we fixed it. But there's a lot of misinformation out there.

[2:20:00] As Mr. Lewis alluded to, number one, when this initiative was passed by Council, it was unanimous

[2:20:08] vote, and it didn't involve any money. There was no income mentioned. Didn't really

[2:20:13] doesn't make any difference if there wasn't any income, because the key was that it was

[2:20:18] guaranteed to the city that it would be revenue neutral. There's a set contract, a set number

[2:20:25] of dollars, and I'm just going to use a round number and say it's $100,000 a month that's

[2:20:29] based on how many cameras per camera I've read the whole contract with the responsibility

[2:20:34] of the contractor is in regards to the equipment and ensuring that it's calibrated properly

[2:20:41] in the collection process.

[2:20:44] So from our standpoint, it was a way to enhance safety on our roads.

[2:20:51] If anybody's been on the roads, I can't find anybody who can argue with me that the majority

[2:20:56] of the population adheres to the speed limit. As most of the time, if you're doing 10 over,

[2:21:02] you're probably going to get run over, especially some of the areas, especially on 58, numerous

[2:21:08] occasions, Councilman Johnson talking about how he couldn't get out of his place. We've got

[2:21:11] more truck traffic coming through. There's a lot of trucks being cited. So the dollars for one

[2:21:19] thing, we're not a consideration. Yes, we have, and once the contract, the weight of a contract

[2:21:25] the contract reaches a $0.00 amount and then the initial

[2:21:30] citations income is used to satisfy the contract.

[2:21:34] If it's $100,000 contract and you only collect 90 grand,

[2:21:38] well they're just short 10 grand and it's on them and ain't on us.

[2:21:41] If the contract's 100 grand and collect 110,

[2:21:44] then we get the amount over and above where it takes to satisfy the contract.

[2:21:49] By statute it cannot be based on a per citation.

[2:21:53] Nobody gets paid per citation, so there's not an incentive there to run it up.

[2:22:00] We, I know in the situations that I've encountered that I have referred to the manager

[2:22:09] to the city staff, everybody's been very responsive and we've resolved all of them that I know of.

[2:22:16] And there were a couple of incidents where there was a legit mistake.

[2:22:20] I mean, there was one where the license plate reader misread a number on the license plate.

[2:22:28] And the constituent did have an issue getting through, which is a problem, but the main thing

[2:22:33] is he got to us, and it was fixed in about 12 hours, I mean, just that quick.

[2:22:39] So we're, staff has been very, very, very receptive to ensuring that we assist our citizens

[2:22:47] since any time that they think that there's an issue.

[2:22:50] What I suggest to everyone, though,

[2:22:52] is before they bring it to me,

[2:22:54] look at your citation, it has a picture,

[2:22:57] it has a time, it has a date, and it has a time.

[2:23:02] Once you do that, if there is a point of contention,

[2:23:06] if there's a point of contention,

[2:23:07] somebody else is driving the car, it's one form.

[2:23:10] You fell one after David's saying it wasn't me.

[2:23:13] It was Robert Lewis, and here's his name

[2:23:15] and number, and he'll get them all.

[2:23:16] No, I didn't say that, or if I'm going to pay for that week, I was just a joke, his face

[2:23:26] is torn red.

[2:23:28] Okay, the other way is possibly they read a license plate on a car that you don't own

[2:23:31] anymore.

[2:23:33] You know, you were no longer the legal owner of that car.

[2:23:35] It's one piece of paper, it's done, it's disputed, it's taken care of.

[2:23:39] There are ways to go to court.

[2:23:41] It's not your typical court case, these are not criminal violations.

[2:23:44] You don't need a lawyer, there's no conspiracy theory out there, there's a lot of constitutionality

[2:23:52] and due process, these are civil violations.

[2:23:55] Just like if you go through the tunnel and you don't pay your toll, you're going to get a ticket

[2:23:59] based on your license plate.

[2:24:01] They really don't care who was in the car when you went through the toll.

[2:24:05] You can say, I went driving while it's your car and went through the toll,

[2:24:08] you don't want it's going to get to citation.

[2:24:13] And I can say three words, I mean, look at those numbers, I mean, it is, I'm looking

[2:24:20] at December's numbers and I knew they'd been steadily coming down, but when you look

[2:24:24] at December, I mean, we went from thousands of, thousands of violations to hundreds.

[2:24:31] I mean, this is substantial.

[2:24:33] So some of the numbers that, you know, that some folks like to talk about just, you know,

[2:24:39] that are high, this was based on early generation in those first couple of two, three months.

[2:24:46] It's not going to be this kind of money.

[2:24:48] I mean, it may be something, and if it is, it is.

[2:24:51] But it's absolutely working when you can go from 30,000 to less than a thousand.

[2:24:57] I mean, it's doing what it's supposed to do.

[2:25:00] And I've seen it everywhere that I go when I hit a zone. I mean, people slow down. There's no question about it. They are very conscious of those particular areas, and that's what we want.

[2:25:14] In regards to the money, I've had more conversations with the managers that I'd like to think about. And we are, he has come up with a way for this money to be part of the budget in this

[2:25:29] community safety fund to be allocated to particular departments based on what

[2:25:36] we feel like the need would be with the idea that how it is spent will come

[2:25:43] from two entities basically our public safety committee which are our

[2:25:50] public safety committee virtually every department had an

[2:25:56] organization throughout

[2:25:57] the city that is directly concerned with safety from the Commonwealth's

[2:26:02] attorney's office to the police department, the fire department, the manager's office,

[2:26:06] public works, the sheriff's department, the jail.

[2:26:11] Everyone who has an interest and a responsibility for public safety will be in one room at

[2:26:18] one time and it's amazing how much can get done in a short period of time when you have

[2:26:24] that sort of group in a room where the fire chief can bring up something.

[2:26:31] It was his idea on the mile markers where the police chief can bring up something.

[2:26:35] It was his idea on the lighting where we can talk about light that actually came through

[2:26:41] the manager's office because we had a few issues out there that require demolition

[2:26:48] buildings, but where does the money come from?

[2:26:50] So that's one piece, but the important piece is not up and running yet, and that's the public

[2:26:54] input.

[2:26:56] The public input for safety, we're going to have, you know, once we get our portal

[2:27:00] up through this public safety committee, it will allow our citizens to go one line and

[2:27:08] make suggestions as to what they would like to see in their neighborhood, what they think

[2:27:12] will work in their neighborhood, and it could be putting up a light, it could be taking

[2:27:17] down a dilapidated structure. It could be some additional signage someplace.

[2:27:29] This is the

[2:27:30] be able to respond instantly if you will because those requests, the way of visiting, I think

[2:27:37] I got it right, those requests will come through to public safety committee to public safety

[2:27:40] would take a look at it, make our recommendations, go back to the manager and the manager will

[2:27:46] come back to take action based on what is there.

[2:27:51] Now keep in mind this does not preclude or substitute for what has already gets addressed

[2:27:59] every day. I mean if there's an issue with public safety, I mean we're

[2:28:03] addressing it now. You know if it's a matter of taking a house down, filling a

[2:28:08] part of the pot hole, whatever needs to be done, we are doing that and that's not

[2:28:12] going to stop. But this is just something that will allow for a better response

[2:28:20] and immediate response to address those safety issues and by safety it could

[2:28:26] be, you know, it's it's also issues that are going to deter crime all the way through

[2:28:31] our city.

[2:28:32] So I just want everybody to know that that's that's the plan.

[2:28:36] And I don't see the reason why we're going to vary from that, Mr. Manager.

[2:28:40] Yeah, it's like to add, if I may, mayor, is that what we'd be looking at is non-recurring

[2:28:46] costs.

[2:28:47] Correct.

[2:28:47] Because you have a declining revenue stream and what we would be looking at is what you

[2:28:53] have the previous fiscal year, so you're not anticipating funds that you may not receive.

[2:29:01] So that's how it's fought through with working with the budget officer, is that you would

[2:29:07] look what where you're at at the end of the fiscal year, you look at that funding and

[2:29:12] then you allocate it on what projects may in the different departments that we deemed

[2:29:17] to be appropriate, but they should not be reoccurring costs associated because you do not have

[2:29:22] a reoccurring, potentially a reoccurring revenue, especially if you, you know, are construction

[2:29:28] lanes or say 58's done, 460's done, and we have shoulders hill road, but that's out

[2:29:33] of the intersection.

[2:29:34] You may not have that type of revenue.

[2:29:37] So we need to really think through this as we implement it.

[2:29:41] Right.

[2:29:41] And I think the manager in speaking to staff, I mean, I think this is an excellent way to handle

[2:29:49] the money that goes and this is money that's already collected.

[2:29:52] So just like you mentioned, we can't create anything that's going to depend on this revenue stream

[2:29:57] because it may just dry up one day.

[2:30:00] But until it does, we want this money to be readily available and to get back into the communities that, you know, we're charged to serve. And I think this is an excellent way to do it. You look at the numbers, 80-some percent of the individuals or entities that are receiving the citations are not self-agresidents. A lot of them are the trucks that are blowing through. And that's a big concern.

[2:30:27] So, like I said, it's been a little rocky to start with, I say a little rocky, it's just

[2:30:34] because there's so much misinformation out there, but I am very satisfied with where

[2:30:41] we are right now and to its effectiveness and also how we're going to plan on using the

[2:30:48] revenues.

[2:30:49] So, with that being said, that's enough for cameras for the night, I haven't talked about cameras

[2:30:54] since yesterday. Or since this morning. I want to stay fresh. Anybody else have any questions or comments

[2:31:01] before we move on? If not, we do have a couple of motions this evening. Once in motion the schedule

[2:31:07] of public hearing to be held on February 7th, 2024. Do you receive public comment on the second

[2:31:12] amendment to the way that the communications tower leads and cell co-partners ship doing business

[2:31:17] as Verizon wireless and the motion would be in order. Councilman Williams. A little to approve.

[2:31:23] In a motion of approval, Councilman Williams, Councilman Fossett.

[2:31:26] Second.

[2:31:26] Second from Councilman Fossett, is there any discussion in the motion?

[2:31:30] Hearing none, Councilmembers prepare to vote.

[2:31:33] Please cast your vote.

[2:31:35] Madam Clerk, please record to vote.

[2:31:38] Motion is approved by vote of 7-0.

[2:31:40] Our next motion is the motion of the Schedule of City Council Work Justice for Wednesday, February 7th, 2024, 4 p.m.

[2:31:47] Unless canceled, the motion would be in order, Councilman Fossett.

[2:31:50] Move to approve, ma'am.

[2:31:51] The motion approval, Councilman Fawcett, Councilman Johnson.

[2:31:54] Second.

[2:31:54] Second from Councilman Johnson.

[2:31:56] Is there any discussion in the motion?

[2:31:59] Hearing none, Councilmembers prepared a vote.

[2:32:02] Please cast your vote.

[2:32:04] Madam Clerk, please record a vote.

[2:32:06] Motion is approved by vote of 7-0.

[2:32:10] We'll now move to non-agenda speakers.

[2:32:12] Madam Clerk, do we have any non-agenda speakers?

[2:32:14] Please explain the guidelines.

[2:32:16] We do have non-agenda speakers this evening.

[2:32:17] Each person participating under the item of business entitled

[2:32:20] will monitor into speakers, shall limit their service to their remarks to the services

[2:32:24] policies and affairs of city government and shall be permitted five minutes for the

[2:32:29] purpose of presenting his or her matter.

[2:32:31] Speakers appearing before city council will not be permitted to participate in the following

[2:32:35] activities.

[2:32:36] To campaign for public office, engage in personal attacks, promote private business ventures

[2:32:41] or use profanity.

[2:32:42] Speakers will violate these rules who declare out of order by the presiding officer and will

[2:32:46] immediately yield the floor and be seated.

[2:32:48] Our first not agenda speaker this evening is William Goodman, 5-11 read court representing self-regarding relocation of traffic line.

[2:32:58] It's Mr. Goodman, President.

[2:33:19] Good evening, Mr. Mayor.

[2:33:21] Council members.

[2:33:26] Do I have to repeat my name again?

[2:33:31] Okay, good.

[2:33:35] I'm here tonight because of the fact that I'm not a resident in the

[2:33:42] particular bearer, but I do own some property in the bearer involved. I think it's the way

[2:33:49] to be a bearer. I have spoken with the councilman for that bearer in reference to this problem.

[2:33:59] Now, it is an unsafe, which I consider a situation at the intersection of South Saratoga

[2:34:12] Street and Wellen Street,

[2:34:17] because the old junkyard is located there, where the intersection

[2:34:24] is.

[2:34:26] There's a chain leak fence,

[2:34:31] there is a stop sign there and there's a whole line there.

[2:34:39] The traffic that's situated at the whole line cannot clearly see the traffic that's

[2:34:47] approaching from the north side on well in the street without crossing the whole line.

[2:34:57] So consequently, F.

[2:35:00] The traffic is holding there across the whole line, trying to find, trying to see what's coming from the right side. And there's an accident that puts that pedestrian in fault. According to the regulations that I'm familiar with, you're not to move across that line until the way it's clear. And the sense, that fence there has some plastic in it. So you can't even see through the changing

[2:35:29] any fence with traffic approaching you from the right side.

[2:35:36] I feel as though that something should be done about it and could be done about it.

[2:35:43] It's on private property based on information I got.

[2:35:48] And there's a metal barrier around the fence right there where the whole line is.

[2:35:57] So I would like to see that situation corrected before we have an accident.

[2:36:10] So if it's all, if it's at all possible, I would like to see if someone that responsible

[2:36:23] for this situation, such as the whole line itself.

[2:36:30] Now, if the city has to buy a couple of feet from the junkyard or whoever owns the property,

[2:36:37] I think it's well worth it.

[2:36:40] A person's life, to me, is very valuable and that can really happen.

[2:36:46] So,

[2:36:52] we didn't hear all this time because otherwise I'd have got up and walked away.

[2:36:57] I'm an old fellow now, I had to go to bed early.

[2:37:00] But I felt it was very important that all of you were made aware of this situation.

[2:37:10] So, I would appreciate anything in the action that's taken in reference to this matter.

[2:37:15] Are

[2:37:21] there any questions? I think I have some answers if you have any.

[2:37:34] No questions? Thank

[2:37:36] you for your attention and I hope we can get some assistance on this matter. Thank you

[2:37:41] very much. Our final speaker is Philip Burns 2210 East Washington Street representing

[2:37:49] self-regarding the police department.

[2:38:01] Yeah I'm here because I have an issue with what

[2:38:04] happened last year in September. I called the police because someone shot out the rear

[2:38:12] windows of my Chevrolet Colorado. They responded in due time and then three weeks later they

[2:38:18] called me. But in between the time October 7th, I had an accidental discharge on my firearm

[2:38:26] inside my apartment and I shot myself in my finger. So I go to the first precinct. I talk

[2:38:34] to an officer in the park a lot, and I report the incident before I go to the ER to get

[2:38:39] stitched up. And when I go to the ER, the detective shows up and they want to do a report,

[2:38:47] they want to confiscate my firearm. I'm like, okay, how long will you have my weapon?

[2:38:52] He said seven to ten days. I'm like, okay, fine, so I sign a permission slip, so I'm

[2:38:56] at the hospital, they go into my apartment. I come home in the next day, a detective

[2:39:02] them calls me regarding the shooting involving my truck and I said well I'm in the middle of

[2:39:06] another issue with your department regarding my gun and I said can you call me back in

[2:39:11] about five days she never return my call and I wanted to get I wanted to find out if

[2:39:16] they actually use that trailer camera because it's like right there in front of my truck

[2:39:21] because three kids actually walked by and I'm smoking and I go toward the back of the

[2:39:26] property and they were shooting at me and I want to know why these kids have not been

[2:39:32] identified because I think under civil law I should be able to go after the parents with

[2:39:37] the $495 I had to pay to fix my windows. Thankfully they didn't hit the frame of my truck.

[2:39:42] It was a through and through through my glass and where I usually stand a smoke is right there

[2:39:47] between my truck and my neighbor's car and the bullet went through both mine and broke my neighbor's

[2:39:52] van window and it's like they were I felt like they were more concerned about violating my second

[2:39:59] get a member right and

[2:40:00] I'm taking my gun and they are about capturing these three kids that don't even live at Hofler and are running around gang banging on Washington Street. So I want to know what's going on. Why was I treated like a criminal when I followed the rules. I know that the hospital has to report, but I was like, I can go to the police department in route to the hospital. It wasn't like I was gushing or my finger wasn't like falling off. And I try to go ask for the police and they would always try and say,

[2:40:29] He's not here. He's not here. One time I felt threatened because I'd go in and say I want to speak to the chief about my firearm being returned and here come three officers

[2:40:39] One at my nine o'clock one at noon and one at my three o'clock position

[2:40:44] There was no one behind me because there was a door and I felt like they were trying to entrap me and I and I was like

[2:40:50] Officer I have a right to stand my ground do not encroach on my personal space

[2:40:55] I have a right to get my gun back because they were trying to say that they could charge me

[2:41:00] criminally because I had my my finger on my gun like you're supposed to going down the

[2:41:05] breach and when I went to put it in the holster what happened was the holster fell off my

[2:41:11] pants.

[2:41:12] It wasn't clipped and so I went down to pick it up, the gun discharged and hit my finger.

[2:41:19] But I don't like being treated like a criminal when the criminals are actually out there

[2:41:22] running a muck on East Washington.

[2:41:25] And I wanted an audience with the chief of police,

[2:41:28] but the two people that work in the front area,

[2:41:32] we're always like, oh, he can't talk to you, blah blah.

[2:41:35] And they would try to run me out of the building.

[2:41:36] Well, we have a right to regress and approach our government,

[2:41:40] including law enforcement.

[2:41:42] Because I told him you are now in violation

[2:41:44] of Article 42 of US Code 1983.

[2:41:49] And they went like, you don't know your rights.

[2:41:51] I'm like, yes, I do know my rights.

[2:41:53] I'm a veteran, I didn't take an oath to defend the Constitution without knowing the Constitution.

[2:41:58] You have a right to keep them bare arms unless you are a felon.

[2:42:04] And it's like, why was I being treated like a criminal over an accidental discharge of

[2:42:09] my firearm within my apartment?

[2:42:11] No one heard it.

[2:42:12] So no one called 911.

[2:42:14] I went and did the right thing and I was being criminalized, yet the kids who shot up

[2:42:19] My truck are still out there, that's all I wanted to know was, what can I do to get help from the police when I try and call them?

[2:42:32] That's all I have to say. Thanks.

[2:42:37] That concludes our speakers, ma'am.

[2:42:41] Okay, this time we'll ask if meeting and community relations director Jenner for more has any announcements.

[2:42:55] Good evening, Mayor, Vice Mayor, City Council, City Manager.

[2:42:58] Senator, exciting

[2:43:06] news from Seth Fyre and Rescue.

[2:43:08] Fire Chief Michael Baraki was appointed to the Public Safety and Homeland Security E-911

[2:43:13] Services Board by Governor Glenn Youngkin.

[2:43:16] The purpose of the board is to provide support and assist statewide public safety centers

[2:43:21] in the provision of 911 operations and services, including through provision of funding and

[2:43:26] the development of best practices.

[2:43:29] The board is also responsible for the planning, promotion and assistance in the statewide

[2:43:33] Development, Deployment, and Maintenance of Emergency Services.

[2:43:36] Congratulations, Chief Faraki.

[2:43:40] The Economic Development Department is excited to announce

[2:43:43] that Walker's market is now open for business.

[2:43:45] The ribbon was cut on January 13th

[2:43:48] on this new family-owned convenience store

[2:43:50] aimed at providing a new shopping option

[2:43:52] for the downtown Suffolk area.

[2:43:54] Walker's market will provide a variety of goods,

[2:43:57] two patrons including fresh produce,

[2:43:59] grocery items, and other convenience items.

[2:44:04] Governor Glenn Youngkin announced this week

[2:44:06] that Selenis, a leading global producer and specialty chemicals for water extensive industries,

[2:44:12] will invest $193 million to expand its operation in the city of Suffolk.

[2:44:17] The company will build a new 80,000 square foot production facility, packaging facility,

[2:44:22] and tank farm, and add a new rail spur to accommodate the production of the Polymer product,

[2:44:28] which are used in the paper and cardboard manufacturing process.

[2:44:32] Suffolk successfully competed with Georgia and Texas for this project.

[2:44:36] which will create 34 new jobs.

[2:44:39] For more information visit Selenis.com.

[2:44:43] Suffolk Public Library wants kids to increase their confidence

[2:44:46] and their reading skills through the Barks program.

[2:44:49] And they invite you to join them on Saturday, January 20th at 2PM

[2:44:52] to read to therapy dogs who will listen as you read them

[2:44:56] your favorite books.

[2:44:58] Registration is required.

[2:45:00] For this event, so for more information, visit Suffolk Public Library dot com.

[2:45:06] And the tourism division is excited to share that the winter farmers market is back on February 3rd from 10 a.m. to 1 p.m. at the Suffolk Visitor Center Pavilion. Subsequent markets will be held on the 1st, 3rd and 5th Saturdays of each month through the end of April. The market offers an array of fresh local produce, meat eggs, honey, baked goods, soaps, candles, jewelry, and so much more. For more information, visit Suffolk VA Farmers Market dot com.

[2:45:31] In the Parks and Rec Department reminds you that the Bonta Cours Care Band Mobile Clinic

[2:45:37] will be at the East Suffolk Rec Center on the first Wednesday of every month with the

[2:45:41] next visit being February 7th.

[2:45:43] They will offer free medical services that provide general medical care to uninsured adults

[2:45:47] and children.

[2:45:48] Appointments begin at 8.30 a.m. to schedule an appointment visit BontaCourts.com.

[2:45:55] In the Suffolk Office on Youth is excited to present an inclusive cooking course for children

[2:45:59] ages 6 and up.

[2:46:00] this two-week program invites individuals with disabilities to explore recipes in a fun and welcoming environment.

[2:46:06] Foodies, aims to empower aspiring chefs while fostering self-confidence and friendships.

[2:46:12] The cost of the event is $30 and we'll start on February 6th at the planner's club from 5.30 to 7.30 pm.

[2:46:19] For more information visit southicva.us.

[2:46:22] And lastly on your screen are the various ways for residents to stay connected to the city of Southic.

[2:46:28] Thank you and have a good night.

[2:46:29] Okay, thank you very much more.

[2:46:30] We'll now move on to announcements from City Council.

[2:46:32] Councilman Rector, hang on, I have something else

[2:46:37] under new business.

[2:46:39] Remember?

[2:46:39] Oh, we skipped, absolutely, they skipped new business.

[2:46:43] Madam Clerk, I stand corrected here.

[2:46:46] Do we have any additions to the Nights Agenda?

[2:46:48] No additions from Mayan.

[2:46:50] No additions here and do we have any other new business

[2:46:53] that require action to City Council for consideration?

[2:46:56] Councilman Rector.

[2:46:56] here. Thank you, Mr. Mayor.

[2:47:00] Evidently, from time to time, a business gets a business license

[2:47:04] and should probably have also applied for a conditional use permit based on the zoning

[2:47:09] for where that business is, but it kind of falls under the radar a little bit. So, and

[2:47:15] then it comes before us or it gets pointed out and it creates an issue for the business.

[2:47:21] So what I'd like to do is make a motion and move that the Planning Commission, considering

[2:47:26] an amendment to the UDO to provide a process reminding notices of violation for not having

[2:47:32] a CUP, but allows the use to continue if the building official and fire marshal certify

[2:47:38] that the continued use will not harm public health and safety and the property owner applies

[2:47:43] for a CUP within 30 days of the notice and receives approval within 150 days of the application.

[2:47:51] Okay, we get a motion from Councilman Rector, Councilman Falsett.

[2:47:55] Mayor, I'd like to second that motion, I have this.

[2:47:58] We'll get a second from Councilman Fossett, is there any discussion of the motion?

[2:48:02] Any non- Councilmembers prepared to vote?

[2:48:05] Please cast your vote.

[2:48:07] Madam Clerk, please record to vote.

[2:48:11] Motion is approved, 5.7 to 0.

[2:48:14] Okay, we will now move on to announcements from City Council, Councilman Rector.

[2:48:19] Thank you, Mr. Mayor.

[2:48:20] I'll be fairly brief.

[2:48:29] I did attend the opening along with you and I believe Councilman Bennett of the opening

[2:48:33] of Walker's Market in Washington Street in the old Pinter's Flores building and he

[2:48:39] does offer an eclectic to say the least variety of goods that may or may not be available

[2:48:45] at any other local market so hopefully he's going to do well and thrive.

[2:48:51] I think over time he's said that his offering of merchandise will change as the request and demands of the neighborhood dictate one of the things that he does have is a huge variety of fresh herbs.

[2:49:06] Not fresh herbs, dry herbs is my wife keeps correcting me for saying so if you're looking for some Moroccan mint.

[2:49:15] 530, West Washington Street is the place to go get it.

[2:49:20] Briefly, I'm just going to touch on this because I know that Councilman Fawcett wants

[2:49:24] to talk a little bit more about it, but he and I did attend the change of command for

[2:49:28] the joint forces, second fleet, combined joint operations from the sea and the center of

[2:49:33] excellence over at the Norfolk Naval Station.

[2:49:35] One of the things that we did get to do after the thing was to take a brief tour of the aircraft

[2:49:41] and I had never been on an aircraft carrier and we went up on the flight deck. He was explaining to us about operations on the flight deck and I looked down and I found the challenge going for the USS Truman.

[2:49:54] and I offered it up to the lieutenant commander that was doing the guided tour for me.

[2:50:00] I mean, he said, no, he said, basically, somebody else's losses, your gain, we want you to keep the coin, and we also thank you for clearing the flight deck of any debris. Anyway, I didn't realize how critical it was that there is no debris on the flight deck, but evidently it is. And then Monday, along with the mayor and see councilman person, Barlow, and who else was with us? Anyway, we attended the Martin Luther King celebration.

[2:50:29] there was held at Nanceman River High School and it was a good event.

[2:50:34] Unfortunately, it was punctuated near the end, as one of the presenters had a little bit of an episode with his diabetes.

[2:50:42] But anyhow, I understand he's doing well.

[2:50:45] And then I would like to congratulate Chief Baraki on his appointment from the governor.

[2:50:50] And then also thank Selenis for continuing their investment in the city of Suffolk.

[2:50:57] And then finally what I'd like to do is just wish my son a happy birthday on this, his

[2:51:03] 29th birthday.

[2:51:04] And with that, I'll say goodnight,

[2:51:07] handsome and Williams.

[2:51:10] Thank you, Mayor.

[2:51:13] First out, I would like to let me offer my condolences to Vice Mayor Ward.

[2:51:20] He lost his brother, and I just want you to know that heart and prayer go without you

[2:51:27] and anything that we can do.

[2:51:29] Please let us know.

[2:51:33] Like to thank Mr. Gutman for coming out

[2:51:36] and we're very, very familiar with the,

[2:51:40] I call it the folk, the peak city manager

[2:51:46] and I had conversations about that piece of property

[2:51:49] and he's correct.

[2:51:52] It's an accident waiting to happen

[2:51:54] and hopefully we can move on that maybe get something done.

[2:51:58] My work for the month of January is Liberation.

[2:52:07] The act of setting someone free from imprisonment, slavery, or oppression, and with that, I'd

[2:52:17] like to say tonight.

[2:52:19] Councilman Fawcett.

[2:52:21] Thank you Mayor.

[2:52:24] As our colleague, Mr. Rector, had stated, we did go off on the USS Harry Truman for the

[2:52:34] second fleet.

[2:52:35] I remember, the second fleet at one time had been disbanded for a number of years and

[2:52:41] it back, I don't know, four or five years ago, they brought second fleet back, and I had

[2:52:47] a chance to go to it when they reestablished it.

[2:52:50] But it was probably one of the most powerful ceremonies, I think I've seen in quite some

[2:52:56] time.

[2:52:58] We did have the honorable Carlos del Toro, the secretary, and maybe he was with us

[2:53:05] on that particular day.

[2:53:07] We had the general four-star from the European command there.

[2:53:14] We had the admiral from the U.S. Command Forces fleet here, along with the change of

[2:53:20] command for Vice Admiral Daniel Dreyer, and he was relieved in the new Vice Admiral

[2:53:26] is Douglas Perry.

[2:53:30] It was a great ceremony.

[2:53:31] I had the privilege to go up on a carrier, you know, I've been on a many a carrier in my

[2:53:36] time, but to get John to go up on the carrier to be able to go through and go up on the flight

[2:53:44] deck and go into the Truman room and it was just a great afternoon. We were well presented

[2:53:50] and treated by the crew and we couldn't ask for anything anymore. But John did bribe

[2:53:56] the captain of the ship as we were kind of an conversation. He sure that I got a challenge

[2:54:02] coin because he felt bad that he found that one on the flight deck. But as the captain says,

[2:54:07] there should be nothing on the flight deck or like that. It's called FOD which would be

[2:54:12] We had a problem with aircraft operations and they were doing testing to the catapults

[2:54:18] which we got to see and they were hot so that was pretty cool.

[2:54:23] I want to give fire chief Brocky of shout out for getting selected for the E-911 services

[2:54:31] board.

[2:54:33] As we know, Salinas putting $193 million back into the city of Suffolk and we competed

[2:54:39] with two other localities around, and that's a big deal.

[2:54:43] I think Selenis is a top-notch group.

[2:54:47] I got to hear their presentation at the EDA, and it was just, they gave a good presentation.

[2:54:54] Mr. Ward, I'm sorry for the loss of your family member, my condolences go to-

[2:55:00] I would also like to take a moment to give my condolences to the Chris Jones family who was

[2:55:11] our councilman mayor and our delegate and the Richmond chair of the Appropriations Committee.

[2:55:21] He lost his wife at very early age.

[2:55:26] Her name was Karen Jones.

[2:55:28] Just a wonderful, wonderful woman.

[2:55:33] And he is just the first class guy anyway.

[2:55:36] But my condolences do go out to the Jones family

[2:55:40] as well as the Ward family.

[2:55:42] So with that, I will say goodnight.

[2:55:44] We'll see you next time.

[2:55:46] Councilman Bennett.

[2:55:53] I'm glad that you got your signs up there tonight, so I hope Andy Fox is paying attention

[2:56:02] so that he'll see the Jews in regulation with your signs, you say you were not, so he

[2:56:08] had a lot of, so I started to start to back them and I said my laugh by the later on, but

[2:56:13] I don't know who invited Andy over, but they should have gotten with you before they made

[2:56:18] the presentation out there on the public, but I do appreciate you getting that straight.

[2:56:23] There's a lot of false information I think has been actually put out there about the cameras

[2:56:28] and what not.

[2:56:30] And that's really why I think most of them get emails called and conversations quite a bit

[2:56:36] about it.

[2:56:37] But anyway, just because of false information, bad information put not there.

[2:56:42] So I'm going to see Anne and Nick to my seam.

[2:56:44] I'm going to tell him, remind him of it.

[2:56:48] Also, congratulations to Chief Barker, Barker.

[2:56:52] And the Walkins market, I know that family.

[2:56:57] I knew his grandfather and all of them.

[2:57:00] So it's a hard-working family, it's a family of business

[2:57:03] and I'm sure they'll do well if you take anything

[2:57:07] that is like his grandfather.

[2:57:09] Some of you might know his grandfather was Sherman Hill.

[2:57:14] He used to be a mechanic around a couple of service stations so he's a great person

[2:57:20] here and so when he was here.

[2:57:25] Also I'd like to say condolence to Chris Jones and I served on council within some years

[2:57:33] before he went to Richmond and the loss of his wife and I just want to say my

[2:57:39] condolence to the family and to you vice mayor ward I'm sorry here but you

[2:57:45] lost your brother first I heard of it but you have my condolence and I know it's

[2:57:52] not something easy no one looks for this time of year to have so much going on

[2:57:58] in the lives, but we have to say, pray out up. That's what we have to do. So,

[2:58:07] I think that's

[2:58:09] enough for me. Thank you, and you're all there for a great evening.

[2:58:16] Thank you, Councilman Johnson.

[2:58:17] Very brief.

[2:58:20] And so we're good. Congratulations, Chief Rocky. Thank you to the city staff. It's been a tremendous

[2:58:25] busy week for all of us, I think. And staff is done what it always does and provided us

[2:58:30] with lots of useful information. I appreciate it. Police Department, too, we've had a good

[2:58:33] week.

[2:58:34] Um, Lou, I'm sorry, but it hits all of us at some point.

[2:58:41] Now also it's going to say how sorry we are for the loss of Chris Jones' wife, Karen.

[2:58:48] If you remember Chris was our tennis shoe, he was my idol.

[2:58:51] He wore tennis shoes to the council meetings and I think that's what we need to start back.

[2:58:56] But that's really sad for him and um, but we are thinking about you and your family.

[2:59:01] and with that, I'll say. Good night.

[2:59:06] Vice Mayor Ward.

[2:59:07] Yes, I think Councilman Williams will his support.

[2:59:13] He called me every day to make sure I was all right,

[2:59:17] and thank him so much for asking questions,

[2:59:21] even when I was in New York at the time,

[2:59:23] so I really think Councilman Williams will support.

[2:59:28] I think all the people that called me up to me cards and let them know that I really

[2:59:35] appreciate it and he was in New York but they do him a little here and I think that.

[2:59:43] Also like to thank the mayor for his support, he's always there when I'm with that knees

[2:59:49] so I thank you Mayor for your support.

[2:59:53] And I also like to let you know that his home born

[2:59:57] service is in, it's in court.

[3:00:00] We want to welcome you. Impostment at 12 o'clock and he'd be laid to rest in metal brook next to my mother. So also have my condolence for Chris Jones in his family. With that I would say oh yeah, I want to gradually, file a chief also. Thank you so much,

[3:00:20] Okay, I'll be brief once again, I want to start off congratulating Chief Baraki on his

[3:00:26] appointment by the governor.

[3:00:29] I too want to offer my condolences to Vice Mayor Ward, I'm just putting it out there

[3:00:34] because we talk all the time, matter of fact, I've been trying to get a hold of him, what

[3:00:39] time did you get home last night?

[3:00:42] Got home by 9 o'clock, so he was on road all day coming from New York, so I know that was

[3:00:48] a fun trip. I do want to offer my sincere condolences to Chris Jones and the Jones family

[3:00:54] on the passing of his wife Karen.

[3:00:58] I met Karen several times and I think of his one word

[3:01:06] that would describe her would be gracious. I think she was a very gracious person. That's what

[3:01:13] hit me this morning, sum it up in one word. She was devoted and another thing is you know she could

[3:01:19] just light up a room with her smile. She always had that smile and you can tell it was a genuine

[3:01:27] smile. Sometimes people just smile to be smiling and they turn around and they're not smiling anymore.

[3:01:34] You can tell that it was genuine when it came from her and there should be missed by all those who

[3:01:38] had the good fortune to know her. I think there's a visitation Friday. I know the city put out some

[3:01:44] information Friday evening, maybe from 6 to 8 a start event and at 2 p.m. on Saturday at Ebenezer,

[3:01:53] which I believe is in Eclipse. Not much going on in the last week or so, the manager and I attended

[3:02:02] to another regional meeting, a mayor's and CAO's to discuss addressing violence and possible

[3:02:09] regional solutions that we could join together and we got a few presentations and threw

[3:02:15] in a few more ideas so hopefully we'll be able to incorporate some of that, I too went to

[3:02:22] Walker's Market and I wish them much success.

[3:02:25] I mean it's tough opening up an independent business in today's market so hopefully they

[3:02:31] would do well at which I wish them much success. I did attend the MLK City wide

[3:02:36] event in Answerman River High School.

[3:02:41] I was trying to think of something to

[3:02:43] say for a quote and what have you for this evening and I've attended quite a

[3:02:47] few MLK celebrations and it seems like at every one of these celebrations we

[3:02:55] have a him lift every voice and sing and it's really the only time I hear it is

[3:03:01] at MLK celebration. So I said, well, let me do a little bit of research. I mean, sit there

[3:03:06] and you look at it, and you kind of give it a little lip service, and you might sing along.

[3:03:10] But I started looking at the words and see kind of what jumped out at me. I did a little history first.

[3:03:16] It was written by James Weldon Johnson, which is on this little form right here, but it was written

[3:03:23] And in 1900, 1924 years ago, and it was written as a poem.

[3:03:32] But it became a him, and it was adopted by the NAACP in 1919 as the organization's

[3:03:41] official anthem.

[3:03:42] So I started to look at the, a little bit more to content, take the content a little more

[3:03:50] seriously and I got to the 1, 2, 3, 4, 5, 6, 7th and 8th line I think it is of the hymn.

[3:03:58] The 7th line says, and this is going to be my quote of the night, but the 7th line reads,

[3:04:05] sing a song full of the faith that the dark past has taught us.

[3:04:12] The next line says, singing a song full of the hope that the present has brought us.

[3:04:24] So we were reflecting on the past, but we're talking about the hope of the present.

[3:04:29] This was in 1900.

[3:04:33] Look what was going on in 1900, verses 2,024, and in 1900 we were talking about hope that

[3:04:44] the president has brought us. So there is hope because we have indeed come a long way, but we need

[3:04:52] to be cognizant of where we've come from and be vigilant that we continue to move forward. But we have

[3:05:01] And with that being said, I am going to wish everyone a fine to do and ask for a motion to adjourn. Councilman Johnson, motion to adjourn from Councilman Fossett and Councilman Fossett, second by Councilman Fossett, any discussion of the motion? Hearing none, Councilmembers prepared a vote. Please cast your vote. Madam Clerk, please record a vote.

[3:05:28] The

[3:05:35] motion is approved by VOTE 7-0.

[3:05:36] This meeting stands adjourned.

Suffolk City Council Meeting

Transcript