Election – Care4Suffolk

Port 460 Project – Tip of the Iceberg?

Care4Suffolk — Tue, 29 Oct 2024 17:31:17 +0000

It has been two years since the controversial Port 460 development project was rezoned at City Council, but the frustration from the public with a city that isn’t listening still lingers.

But is the Port 460 project just the tip of the iceberg? I was recently listening to a podcast of a mayoral forum hosted by the CE&H Heritage Civic League in collaboration with the Suffolk Peninsula Community Partnership and moderated by WHRO. Mayor Duman, Mr. Jenkins, and Mr. Bosselman had an opportunity to weigh in on a variety of topics.

At one point, near the end, Mr. Bosselman, while discussing development in the City, made an interesting revelation:

“I think the city is actually being run by the developers more than the city is running the city. In my opinion. So I think we need to have some more vision and foresight here. I do know that there are outside forces bearing down on the city so far as development here. I‘ve actually been in a meeting with this Matan group that’s in charge of Port 460 development. I had to go in there to get…, I still farm some land there. I needed the key to get in through the gate. As I was looking around the room, I see a big map. And there’s a map of fields and areas that I know, including my neighbor’s land, my land, and some more land that I farm. So their plan is going to go beyond what they’re trying to do here in the City of Suffolk. It’s all about development. It’s some kind of long-term plan here that nobody knows, nobody is telling us, but it’s in the works.” (around mark 1:14:45)

Back in May, Care4Suffolk posted an article about the City advertising 562 acres of agricultural land off Rt. 460 that is NOT currently in the growth area. The advertisement stated:

“This site is currently identified in the 2045 Comprehensive Plan as a designated growth area for Industrial Development encompassing a variety of uses including logistics, manufacturing, warehousing distribution, and research development.”

This was particularly concerning because back in May, City Council was still giving City staff feedback about new growth areas in the 2045 Comprehensive Plan, while the City was selling it like it was a done deal. Rt. 460 was part of that discussion. Below is the original map proposed by City staff for the expansion of the growth areas:

There is an extended growth area of yellow to the north of Rt 460 and purple to the south of Rt. 460, and these extend all the way to the Suffolk city line. The yellow represents residential land use and purple is where warehouses can be built.

The growth areas have since been reduced and that advertisement has been removed from the city’s website, but the question is still hanging there: what is being planned down Rt. 460?

Mayor Duman spoke after Mr. Bosselman, and denied knowing anything about Matan’s future plans. I will take Mayor Duman at his word, but I find it hard to believe that there is no one in the city aware of Matan’s future plans down Rt. 460. Considering that the City’s own website was advertising the land for sale, there MUST be someone aware of these future plans. So where is the transparency? Why is our government working towards a future plan with no oversight from the public? The citizens spoke out against the Port 460 Project and the extensive growth area additions to the 2045 Comprehensive Plan. The City of Suffolk knows this is not what the citizens want. Maybe Mr Bosselman is right – maybe “the city is actually being run by the developers more than the city is running the city.”

Whaleyville Candidate Questionnaire

Care4Suffolk — Mon, 14 Oct 2024 14:24:20 +0000

Care4Suffolk is a nonpartisan organization and does not endorse any candidate for any public office. We encourage voters to research the candidates for the upcoming local Mayoral and City Council Member elections. We have asked all candidates the same questions regarding land use and rezoning. These questions are based on the topics and issues from participating members. Below are the answers provided by the Whaleyville Borough City Council candidates, along with their image and website contact, if they chose to provide it.

Early voting is currently underway in Virginia and election day is Tuesday, November 5th. Please go to the Virginia Department of Elections for any questions.

Note: Questionnaires were emailed to all candidates. Current Whaleyville Council Member, LeOtis Williams, did not provide a response.

Whaleyville Borough City Council Candidates

Jason Wooldridge

Website: https://jw4va.com

ROADS

Many narrow country roads have design challenges and water issues, yet are seeing increased traffic due to new development. Should rezoning approval be contingent on either the City or the rezoning applicant being able to improve these roads to meet VDOT and City standards for their classifications?

I will start by saying that this sounds like an appropriate question to be asked using a formal referendum verse just having city council write up an ordinance to combat this issue. That said, I would be in favor of exploring developing an ordinance that would place contingencies upon the rezoning applicant to require the improvement of our roads such that before approval of the rezoning request the existing roads are brought up to meet VDOT standards for their classification. NOTE: This is a complex problem and cannot be solved properly using a sole source requirement.

Using a sole source requirement would create more problems. We cannot expect a single development to be solely responsible for ensuring the entire right of way (ROW) along the property frontage is brought to VDOT standard as there are two sides to a road. If we created a situation where the first development on a given length of road was required to extend the width of the ROW to meet VDOT standard we would unfairly burden this first development. Meaning, if the first development was required to widen the ROW to VDOT standards any property on the opposite side of that ROW would not be held accountable later for ensuring the road was to VDOT standards because it would already meet the VDOT standard as proffered by the first development. This is unfair and thus not an equitable solution. Also, a sole source solution to improve the ROW to VDOT standards would potentially create another concern. Let’s examine a length of road which has multiple parcels on each side of the ROW. Considering a sole source solution to widen the ROW to meet VDOT standards would shift the centerline of the ROW towards the first parcel developed. Now consider the next parcel to be developed along the ROW is on the opposite side of the ROW from the first parcel but, also is on the next section of roadway which doesn’t meet VDOT standards. This would mean the next development would have to provide proffers to widen the ROW to meet the VDOT standards thus, shifting the centerline of the ROW toward that developing parcel and away from the previous development. This now takes a straight road and places an S-curve into it, or potentially exaggerates an existing S-curve in the roadway. This is not an ideal solution to the problem of bringing our rural roads up the VDOT standards as our city grows either.

All of this said, any equitable solution would need to be limited to improving the ROW from the centerline and over to a newly developing parcel and this is not an ideal solution to ensuring our roadways are brought up to VDOT standards as there is no way to know when a parcel will be developed and thus bringing both sides of the ROW up to VDOT standards. Understanding this as a legitimate issue a fair and equitable solution would potentially be one in which the rezoning applicant is responsible for improving the ROW from the centerline over to the developing property and the city would need to potentially consider the use of eminent domain to improve the ROW on the opposite side of the roadway from the development. I would not be in favor of the city council arriving at this as a decision on their own.I would personally not be in favor of this as a solution and I would assume that such a solution would be unpopular with the citizens of Suffolk as well. Thus, I believe this is a question best answered by public polling and a referendum placed on an official ballot.

ZONING

1. Residents often buy homes based on existing zoning. Rezoning land can impact residents and their quality of life. What criteria will you use when considering rezoning applications?

2. Currently, NO residential or student pipeline data is included in rezoning Staff Report packets to show already approved developments in the surrounding area. If you are re-elected or elected, what would you do to ensure that Planning Commission and City Council have all pertinent information needed to make fully informed decisions?

1. Rezoning is a huge concern. If we are rezoning the use of land, it means we are changing the design from what it currently is used for, and this is not something to take lightly. I’m an engineer and changes to a plan or design are always something that are and should be overly scrutinized. Questions need to be asked like; Why is this change necessary? What are the risks and benefits of applying the change? What are the intended consequences of the change? What are the potential unintended consequences of the change? I believe that if we remember that just because you can do something doesn’t always mean you should do it then we would approach changes more skeptically and avoid potential negative outcomes.

A prime example of an unintended negative outcome occurred last year in the city of Chesapeake. The issue was created when the city council incorrectly granted the rezoning of a parcel of land to industrial use. The parcel of land happened to be adjacent to a residential area with approximately 200 homes and only a single road for ingress and egress. Normally you would not zone residential land immediately adjacent to industrial use because of nuisance issues to nearby residents , such as the operation of heavy machinery and large trucks, etc. This city of Chesapeake allowed this rezoning because the site had a history of being used for commercial container repair the site was to be developed into a manufacturing facility. However, after the rezoning site was later bought by Dominion Energy and is now set to be the first battery storage facility in the city, housing 114 lithium-ion battery Megapacks. This presents a completely new and far more risky problem, lithium- ion batteries can catch fire but cannot be put out once on fire. They also emit a very toxic smoke when burning. So, this means that should this facility catch fire there are now 200 homes trapped with a single ingress and egress path to escape which happens to run immediately adjacent to this facility. Now, I don’t believe this was maliciously done by the Chesapeake City council but, once rezoned there was nothing, they could do to stop it from happening.

This is perfect example of why we should always consider the worst-case scenario when considering rezoning approvals. Being risk averse might slow things down from a growth standpoint but, it will keep the impact to our citizens as the most important factor in making the decisions. Thus, rezoning should be looked at using a complete impact assessment and it should follow the vision of the city’s growth plan, that is the comprehensive plan. Also noting that just because the comprehensive plan shows it is within the growth vision of the city doesn’t mean it is always the correct answer.

2. This is simple, request the data be provided. As an engineer I know that all data can be relevant, even the data that sometimes seems to not have an impact. If our leadership is currently making decisions about the growth and development of our city without looking at all the potential impacts, they are not doing citizens any service. I know that if there are variables that are changing, deciding about additional changes without considering the impacts of the previous changes will result in disaster. This is exactly how our city has gotten into the situation we are in now. Our schools are overcrowded, our roads are overcrowded, our taxes are rising, our infrastructure is strained at best (we have among the highest water bills in tidewater), our community is witnessing a rise in crime, and our businesses (manufacturing and technology) are leaving.

All data that potentially can show impact to a decision needs to be at least considered and thus, should be a standard part of the reports provided to inform our council about the decision. Also, making this data a part of the Staff Report packets would show our schoolboard that city council is concerned about our students as a part of the future of the city which would be a step toward breaking down the barriers of animosity and distrust which currently exist between the schoolboard and city council. This would help to make, “Suffolk Better Not Bigger.”

FISCAL RESPONSIBILITY

The City has decided against conducting a Fiscal Impact Analysis for the 2045 Comprehensive Plan. Instead, it will rely on fiscal impact studies that are paid for by developers as part of rezoning applications and are not required to include the key component of Cost of Services (such as long-term road maintenance, repair, and replacement). If elected or re-elected, how would you ensure that the City is getting a complete financial picture of what development projects will both bring in revenue and cost the taxpayers in services?

You cannot answer this question without requiring an independent fiscal impact analysis. Relying on the applicant to tell you about the potential pitfalls of approving their project is like asking the blackjack dealer when to double down. If no independent fiscal impact analysis is performed, I would have to rely on my own understanding and research of the matter. Carefully comparing the performance claims of the applicant’s project to as many similar projects as possible to identify where the claims are inflated and then asking the applicant difficult questions about what happens when those claims are not met. The answers should be very revealing.

TRANSPARENCY

1. Do you think council members should recuse themselves from rezoning requests if the developer requesting the rezoning has contributed to their election campaign?

2. Would you be willing to disclose all property and land that you own in the city of Suffolk, whether it is owned in your own name, a partnership, or an LLC?

1. This question presents a double-edged sword. On the one hand I would like to say that I will not take money from individuals who will likely have business before the city. On the other hand, if we remove the possibility of receiving political donations from citizens, we create a scenario where only the independently wealthy can afford to run for public office, thus establishing an elite ruling class. I do not believe that our government should be made up of an elite class. I believe “We the People” are just that, the average people. I am not independently wealthy and therefore, I am accepting donations from all citizens who want to support me as a candidate. Now, the question becomes do political donations compromise a candidate’s integrity? I can honestly tell you that if I am elected my commitment to you as a public servant is to dutifully represent you in good faith to improve the quality of our community. I will not trade freedom for favor, nor my dignity for benefit, and I refuse to lose my integrity to persuasion.

Furthermore, as a personal note, if I am elected and I feel that my vote would be appear compromised because someone with business before the city has previously donated to my campaign, I would recuse myself and abstain my vote on that matter.

2. This is already a requirement when you file for candidacy as I understand the law. So, I have no problem. State and local officers and employees required to file pursuant to §§ 2.2-3114, 2.2-3115, or 2.2- 3116 or as designated by their local governing body are REQUIRED to complete and file the Statement of Economic Interests as a condition to assuming office, and then annually while serving as an officer or employee. This statement includes all real estate you or your immediate family, separated or together, hold an interest valued at >$5000 in which is not your principal residence. It also includes any real estate you or your immediate family, separated or together, hold an interest >$5000 that is the subject of a contract, pending or which has been completed within the prior calendar year, with a government agency.

Mayoral Candidate Questionnaire

Care4Suffolk — Mon, 14 Oct 2024 02:03:44 +0000

Care4Suffolk is a nonpartisan organization and does not endorse any candidate for any public office. We encourage voters to research the candidates for the upcoming local Mayoral and City Council Member elections. We have asked all candidates the same questions regarding land use and rezoning. These questions are based on the topics and issues from participating members. Below are the answers provided by the mayoral candidates, along with their image and website contact, if they chose to provide it.

Early voting is currently underway in Virginia and election day is Tuesday, November 5th. Please go to the Virginia Department of Elections for any questions.

Note: Questionnaires were emailed to all candidates. We did not receive a response from mayoral candidate Clinton Jenkins.

Mayoral Candidates

David Bosselman

Website: https://davidbosselmanformayor.com

Mike Duman

Website: https://mikedumanformayor.com

ROADS

David Bosselman

Yes. These roads should be fixed before any new development of scale is even started. If the road is not on the City’s list to improve, then the developer should have to make the improvements.

Mike Duman

Most rezonings are conditional and therefore will come with a staff recommendation unique to that application. Included in that recommendation will be a traffic impact analysis. The applicant will be required to make improvements to address the effects of the proposed project. Other proffers could be accepted if they were related to the project. A non-conditional rezoning should not be considered without a comprehensive analysis of existing roads and the effects of any use within the new zoning designation. Consideration must be given to the comprehensive plan and the traffic master plan.

ZONING

1. Residents often buy homes based on existing zoning. Rezoning land can impact residents and their quality of life. What criteria will you use when considering rezoning applications?

David Bosselman

1. When looking at rezoning we should be aware of the current comprehensive plan and its intended long-term use. Then we need to look at what benefit the rezoning will be to the area around it. That MUST include the citizens already living there and the infrastructure in that area. We need to ask if rezoning makes life better or worse for the residents. Does it cause stress on schools, first responders or roadways? We must have a clear and concise vision within the comprehensive plan.

2. Staff should include all pertinent information available for every rezoning request. Council must ask questions about all aspects of rezoning and direct the City Manager to make sure staff provides this information so that a well-informed decision can be made.

Mike Duman

1. All rezonings must consider compatibility with the comprehensive plan, U.D.O. considerations, adequate public facilities; to include, public water and sanitary sewerage, stormwater management, transportation and schools. In addition, a fiscal impact statement and proffered conditions must be considered.

2. I would recommend that an updated “pipe line” report be provided quarterly to all Planning Commission and City Council members. This report will provide all approved development. Active development would include total approved and current status of each project.

FISCAL RESPONSIBILITY

David Bosselman

The first thing we need to do is an Impact Analysis of the previous 2035 Comprehensive Plan. We have no idea of its success or failure yet the City is pushing forward with a new comprehensive plan based off of the previous plan. The best I can tell, the 2035 Comp Plan has caused a lot of overdevelopment and congestion in most of Suffolk. This has created a strain on infrastructure and the amenities that the citizens need including schools. In following this path of constant development, the city has felt the need for more commercial development and higher taxes to accommodate its needs. The City has to look at where it has been in order to see where it is going.

Mike Duman

A fiscal impact statement is included with each CUP or rezoning. The fiscal impact statement should be reviewed thoroughly by staff before providing any recommendations. If a fiscal impact study is not incorporated into the comprehensive plan, I would support a requirement for a more extensive study on all applications considered “significant” as determined by current guidelines. Regardless, at a minimum, I will promote a change in policy that will require applications to complete a fiscal impact analysis to include content as requested and in a format provided by the city, not the applicant.

TRANSPARENCY

1. Do you think council members should recuse themselves from rezoning requests if the developer requesting the rezoning has contributed to their election campaign?

2. Would you be willing to disclose all property and land that you own in the city of Suffolk, whether it is owned in your own name, a partnership, or an LLC?

David Bosselman

1.Absolutely. Our Council Members should be doing what is right for the citizens of Suffolk. There must be honor and integrity on our Council.

2. Absolutely. My wife Audrey Page and I own the farm we live on which is 140 acres. We also own a second farm that has 234 acres where our son Brian and his family live. My son Hunter and his family live on a 160-acre farm owned by my wife, my two sons, and myself. My sons and I have recently purchased a 48-acre farm that is split between Suffolk and Isle of Wight County.

Mike Duman

1. Council members are required to recuse themselves if there is a conflict of interest. Virginia’s State and Local Conflict of Interests Act (COIA) regulates the conduct of state and local government employees and officials to prevent conflict of interest. I believe if a council member is adhering to COIA guide lines there should be no requirement to abstain from voting. However, if there is an appearance of an impropriety it may be prudent to do so.

2. There would be no need to disclose all properties owned individually or by any other vested entity if it did not create a conflict of interest or an appearance of an impropriety. In addition, all elected officials are required to file a Statement of Economic Interests (SOEI) which is public record.

Sleepy Hole Candidate Questionnaire

Care4Suffolk — Mon, 14 Oct 2024 01:44:09 +0000

Care4Suffolk is a nonpartisan organization and does not endorse any candidate for any public office. We encourage voters to research the candidates for the upcoming local Mayoral and City Council Member elections. We have asked all candidates the same questions regarding land use and rezoning. These questions are based on the topics and issues from participating members. Below are the answers provided by the Sleepy Hole Borough City Council candidates, along with their image and website contact, if they chose to provide it.

Early voting is currently underway in Virginia and election day is Tuesday, November 5th. Please go to the Virginia Department of Elections for any questions.

Sleepy Hole Borough City Council Candidates

Ebony Wright

Website: https://wrightforsuffolk.com/

Roger Fawcett

Website: https://rogerfawcett.com

ROADS

Ebony Wright

Yes, rezoning approvals should be contingent on the improvement of local roads by either the city or the applicant/developer. This will ensure the roads meet VDOT and City standards and that new developments and existing communities are supported by adequate infrastructure and services.

Roger Fawcett

In many cases, the answer to this questions is yes. Suffolk’s staff puts the onus on developers to bring private investment for these improvements during the rezoning process and again during the plan approval process. Without this investment many improvements might not happen.

ZONING

1.Residents often buy homes based on existing zoning. Rezoning land can impact residents and their quality of life. What criteria will you use when considering rezoning applications?

2.Currently, NO residential or student pipeline data is included in rezoning Staff Report packets to show already approved developments in the surrounding area. If you are re-elected or elected, what would you do to ensure that Planning Commission and City Council have all pertinent information needed to make fully informed decisions?

Ebony Wright

1. Changes in zoning can significantly impact community dynamics and quality of life. The criteria I would use in evaluating rezoning applications will include an analysis of the potential impact on local infrastructure, environmental considerations, and community feedback. I believe these factors play a crucial role in ensuring that any changes align with the needs and values of the community.

2. I would advocate for research to provide comprehensive data to the Planning Commission and City Council. I believe that accurate information about community needs, and potential impacts is essential for making informed decisions.

Roger Fawcett

1. There is a long list of criteria I have when considering rezoning applications. Certainly, consideration of how a rezoning would affect current residents is at the top of the list…I am very concerned about the welfare and views of city residents.

2. Total student head count for our public schools has remained relatively flat for years. For things like subdivisions, impacts to public schools are included for proffers. I care a great deal about how new construction of residential housing will affect the school system. This is always a priority of mine.

FISCAL RESPONSIBILITY

Ebony Wright

I would advocate to make impact analysis a requirement in our decision-making process to ensure the city is getting a complete financial picture through financial analysis of development projects. The data is necessary for understanding the long-term impact on the community. It provides the relevant information needed to evaluate both potential revenue and the costs to taxpayers for services. The City cannot make informed decisions that benefit everyone without one.

Roger Fawcett

A fiscal impact analysis of possible or potential developmental impacts projected for the next 20 years is simply not possible or feasible. It would be based on so many unknowable assumptions that the document would not be worth anything. A responsible city council and planning commission will look at each project and determine the impacts, what role the developer has to play to address those impacts and whether the project is in the best interest of the city. That is how I have conducted myself during my service on Council, and how I will continue to address projects brought before Council.

TRANSPARENCY

1. Do you think council members should recuse themselves from rezoning requests if the developer requesting the rezoning has contributed to their election campaign?

2. Would you be willing to disclose all property and land that you own in the city of Suffolk, whether it is owned in your own name, a partnership, or an LLC?

Ebony Wright

1. Absolutely! Campaign contributions from developers to council members gives the appearance of impropriety and can create conflicts of interest, leading to questions about the integrity of rezoning decisions. Transparency in local governance is essential for maintaining public trust.

2. Yes, my husband and I own my primary residence in Suffolk.

Roger Fawcett

1. No. The Courts have ruled that campaign contributions in and of themselves do not bring about conflicts of interest. If a Council member works for a developer, then yes, that person should recuse themselves from voting on those projects. But a campaign contribution is not a payment to an elected official, it is a campaign contribution. No locality in Virginia has a rule in place like the one proposed here for this very reason.

2. I would and I do. Disclosure of such information is part of a candidate’s and elected officials annual personal financial disclosure statement already required by the Commonwealth. These documents are held by the City Clerk’s office and can be reviewed by anyone.

City Council Voting Record

Care4Suffolk — Thu, 03 Oct 2024 08:17:00 +0000

As election day approaches and early voting is well on its way, it is important to have information on which to base your decision.

Finding out how any particular City Council Member voted on any particular rezoning or land use decision is a difficult task that requires hours of combing through the agenda center on the city’s website. Sometimes that agenda isn’t clear on the rezoning location or the nature of the rezoning, in which case you have to watch the video to learn more.

We know people are busy and so Care4Suffolk has done a lot of the leg work for you. Below you can look at key rezonings and land use decisions over the last couple of years. We tried to find any rezoning that was large, or had a lot of public interest, or was similar to other rezonings that got a lot of public interest. If you are interested in learning more about a particular rezoning listed, or if we forgot a rezoning that you want to know about, just email us at care4suffolk@gmail.com.

Click on the chart to enlarge.

2024 City Council Votes

Note: The 2024 chart was edited to reflect a rezoning for Pitchkettle Landing on July 2. Thank you to the community member who brought it to our attention!

2023 City Council Votes

2022 City Council Votes

Note: CUP2021-003 – Motion way made to Deny, so Aye votes were to deny. It was unanimously was denied.