City Council Meeting Agendas
Regular MeetingSuffolk, VA · March 21, 2012
Minutes
City Council Regular Meeting March 21, 2012
Regular Meeting of the Suffolk City Council was held in the City Council Chamber on
Wednesday, March 21, 2012, at 7:00 p.m.
PRESENT
Council Members -
Linda T. Johnson, Mayor, presiding
Charles F. Brown, Vice Mayor
Robert C. Barclay IV
Leroy Bennett
Michael D. Duman
Jeffrey L. Gardy
Curtis R. Milteer, Sr.
Charles D. Parr, Sr.
Selena Cuffee-Glenn, City Manager
Helivi L. Holland, City Attorney
Erika S. Dawley, City Clerk
ABSENT
None
CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE
Mayor Johnson called the meeting to order, and Council Member Milteer provided the Invocation and
the Pledge of Allegiance to the Flag.
FREEDOM OF INFORMATION ACT CERTIFICATION
City Clerk Dawley presented a resolution certifying the Closed Meeting of March 21, 2012, pursuant to
Section 2.2-3712 of the Code of Virginia (1950), as amended.
Council Member Parr, on a motion seconded by Council Member Gardy, moved that the resolution be
adopted, as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MARCH 21, 2012,
PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED
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City Council Regular Meeting March 21, 2012
APPROVAL OF THE MINUTES
Council Member Gardy, on a motion seconded by Council Member Duman, moved to approve the
minutes from the March 7, 2012, Work Session and Regular Meeting, as presented, by the following
vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
SPECIAL PRESENTATIONS
Special Presentation - Presentation of a resolution posthumously recognizing Sylvester Jones for his
years of service to the City of Suffolk
Mayor Johnson presented the aforementioned resolution.
Council Member Bennett, on a motion seconded by Vice Mayor Brown, moved to approve the
resolution as presented, by the following roll call vote:
AYES: Council Members Barclay, Bennett, Brown, Duman
Gardy, Milteer, Parr, and Johnson 8
NAYS: None 0
A RESOLUTION POSTHUMOUSLY RECOGNIZING SYLVESTER JONES FOR HIS YEARS
OF SERVICE TO THE CITY OF SUFFOLK
REMOVAL OF ITEM FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA
Mayor Johnson asked if any members of City Council wished to remove the item from the
Consent Agenda for separate action.
Hearing no requests for removal of the item, Mayor Johnson advised that a motion was in order at this
time to adopt the remaining agenda in its entirety.
Council Member Parr, on a motion seconded by Council Member Gardy, moved to adopt the remaining
agenda, as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
AGENDA SPEAKERS
Erika Hoggard, 243 Wexford Drive West, applicant, representing Tabernacle Baptist Church, spoke in
support of an ordinance granting Conditional Use Permit Request C19-11 to permit a child day care
center in accordance with Sections 31-306, 31-406, and 31-701(b)(16) of the Unified Development
Ordinance.
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City Council Regular Meeting March 21, 2012
Jonathan Powell, 1118 Hoiser Road, representing self, spoke in support of an ordinance granting
Conditional Use Permit Request C19-11, Tabernacle Childcare Center, submitted by Erika R. Hoggard,
applicant, on behalf of Tabernacle Baptist Church, property owner, to permit a child day care center in
accordance with Sections 31-306, 31-406, and 31-701(b)(16) of the Unified Development Ordinance.
Christine Edwards, 120 Turner Drive, was not present when called.
CONSENT AGENDA
Mayor Johnson presented the following Consent Agenda item:
Consent Agenda Item #7 - AN ORDINANCE TO ACCEPT AND APPROPRIATE PROCEEDS
RESULTING FROM THE SALE OF CERTAIN LANDS ASSOCIATED WITH THE SUFFOLK
FORECLOSURE MITIGATION AND NEIGHBORHOOD STABILIZATION PROGRAM
Council Member Bennett called for a report on Consent Agenda Item #7 - an ordinance to accept and
appropriate proceeds resulting from the sale of certain lands associated with the Suffolk Foreclosure
Mitigation and Neighborhood Stabilization Program.
Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn gave a summation on the
background information as printed in the official agenda.
Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve
Consent Agenda, as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
PUBLIC HEARINGS
Public Hearing - A public hearing to consider an ordinance granting an exemption from taxation to the
Suffolk Youth Athletic Association, Incorporated
Utilizing a PowerPoint presentation, Budget Officer Anne Seward presented a summary of the
background information as printed in the official agenda.
Hearing no speakers, the public hearing was closed.
Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance,
as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
AN ORDINANCE GRANTING AN EXEMPTION FROM TAXATION TO THE SUFFOLK
YOUTH ATHLETIC ASSOCIATION, INCORPORATED
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City Council Regular Meeting March 21, 2012
Public Hearing - An ordinance granting Conditional Use Permit Request C21-11, submitted by
Dave France, PE of Kimley-Horn and Associates, Inc. on behalf of Suffolk Public Schools, applicant,
and on behalf of Marion and Lydia Harrell, property owners, to permit a public elementary school, in
accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance
Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills
offered a report of the background information as printed in the official agenda.
The following individuals spoke in support of the proposed ordinance:
Dr. Deran Whitney, 304 Crown Arch, Superintendent, Suffolk Public Schools.
Dr. Michael Debranski, 1015 Maryland Avenue, Chair, Suffolk School Board.
Enoch Copeland, 6225 Leafwood Road, Member, Suffolk School Board.
Roxanne Francis, 201 Pioneer Road, representing self, spoke in opposition to the proposed ordinance.
Charles Daughtney, 348 Pioneer Road, representing self, spoke in opposition to the proposed ordinance.
Hearing no additional speakers, the public hearing was closed.
Council Member Parr, on a motion seconded by Council Member Gardy, moved to continue
consideration of the proposed ordinance to the May 16, 2012, City Council meeting.
Referring to the motion, Council Member Parr asked about any possible adverse impact on the timeline
for the construction of the new elementary school, should City Council continue consideration of the
proposed ordinance. Dr. Whitney said that the continuance could adversely impact the construction
timeline.
Referring to the motion, Council Member Milteer queried about the possible effect on the cost of
construction, should City Council continue consideration of the proposed ordinance. Dr. Whitney
explained that since construction prices fluctuate, it would be preferable to begin construction sooner
rather than later.
Referring to the motion, Council Member Gardy opined about the probable effect of a 30-day
continuance on the construction of the new elementary school. Dr. Whitney stated that the delay could
adversely impact the construction timeline.
Referring to the motion, Vice Mayor Brown called for a review of the construction timeline.
Capital Program and Buildings Director Gerry Jones presented a review of the construction timeline as
provided by Suffolk Public Schools and indicated that the school is scheduled for completion in
32 months, from beginning to end.
Referring to the motion, Mayor Johnson sought clarification about the inclusion of any condition in the
purchase contract for the land that would make the sale contingent on the approval of the conditional use
permit application. Dr. Whitney advised that there is no such condition as Suffolk Public Schools is still
currently negotiating with the property owners.
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City Council Regular Meeting March 21, 2012
Referring to the motion, Council Member Parr asked if Suffolk Public Schools has a purchase contract, a
contingency purchase contract or a memorandum of understanding with the property owners. Dr.
Whitney replied in the negative.
Referring to the motion, Council Member Parr inquired about the status of the Suffolk Public Schools’
efforts to purchase the parcel under consideration. Dr. Whitney reported that Suffolk Public Schools is
currently negotiating with the property owners.
Referring to the motion, Council Member Parr queried about the recommendation from the legal counsel
representing Suffolk Public Schools as it relates to the need for a legally binding agreement between
them and the property owners. Dr. Whitney indicated that the legal counsel representing Suffolk Public
Schools did not deem a conditional purchase contract necessary nor is this approach their standard
practice.
Referring to the motion, Council Member Parr called for an explanation for forgoing a conditional
purchase contract between Suffolk Public Schools and the property owners. Dr. Whitney advised that as
the construction and site of the new elementary school has been controversial, Suffolk Public Schools
did not want to be presumptuous and enter into any type of contract.
Referring to the presentation, Council Member Barclay requested clarification about the inclusion of the
property owners on the conditional use permit application. Planning and Community Development
Director Mills stated that the property owners are included on the conditional use permit application.
Referring to the presentation, Council Member Barclay solicited information about the impact on the
parcel under consideration, if City Council approve the proposed ordinance, and the property owners
and Suffolk Public Schools fail to reach an agreement on the purchase of the land. Planning and
Community Development Director Mills explained that the property owners would have to do
something with the parcel within two years, before the conditional use permit expires.
Referring to the motion, Council Member Parr opined about the probability of Suffolk Public Schools
and the property owners entering into a purchase contract within the next 30 days. Dr. Whitney said that
he was hopeful that a contract could be entered into within the next 30 days, but he could not make a
guarantee.
Council Member Parr, on an amended motion seconded by Council Member Gardy, moved to continue
consideration of the proposed ordinance to the April 18, 2012, City Council meeting, by the following
vote:
AYES: Council Members Bennett, Duman, Milteer,
Parr, and Brown 5
NAYS: Council Member Barclay, Gardy and Johnson 3
Public Hearing - An ordinance granting Rezoning Request RZ01-12, for a change in zoning from
C, Conservation District, to B2, General Commercial District, and from B2, General Commercial
District, to C, Conservation District, for property located 1217 North Main Street
Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided an
overview of the background information as printed in the official agenda.
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City Council Regular Meeting March 21, 2012
Kevin Hughes, 440 Market Street, Economic Development Director, spoke in support of the proposed
ordinance.
Hearing no additional speakers, the public hearing was closed.
Referring to the presentation, Council Member Gardy queried about the feasibility of considering the
proposed ordinance concurrently with an item that is on the agenda under the Ordinances portion: An
amended and restated ordinance authorizing the City Manager to enter into a boundary line agreement
with the Economic Development Authority of the City of Suffolk and Suffolk Specialty Shops, L.L.C.
Mayor Johnson indicated that two separate actions must be taken as the item currently under
consideration is under the Public Hearing portion of tonight’s proceedings.
Council Member Duman, on a motion seconded by Council Member Milteer, moved that the ordinance
be adopted, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY
OF SUFFOLK, FOR PROPERTY LOCATED AT 1217 NORTH MAIN STREET AND
FURTHER IDENTIFIED AS ZONING MAP 25, PARCEL 50 AND A PORTION OF ZONING
MAP NUMBER 34A, A PORTION OF PARCEL 1A
Public Hearing - An ordinance granting Rezoning Request RZ06-11 (Conditional), submitted by
John D. Eure, Jr. of Eure and Bredemeyer, PLLC on the behalf of David H. Eberwine of Eberwine
Properties, LLC, applicant and property owner, to request a change in zoning from RR, Rural
Residential Zoning District to M-1, Light Industrial Zoning District (Conditional)
Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a
report on the background information as printed in the official agenda.
John D. Eure, Jr., 424 Market Street, Eure and Bredemeyer, PLLC, representing David H. Eberwine of
Eberwine Properties, LLC, applicant and property owner, spoke in support of the proposed ordinance.
Hearing no additional speakers, the public hearing was closed.
Council Member Barclay, on a motion seconded by Council Member Gardy, moved that the ordinance
be adopted, with conditions as presented.
Referring to the presentation, Council Member Duman called for clarification about the language in the
condition regarding the restriction of specific uses as outlined in the applicant’s proffer statement.
Planning Director Mills explained that the use of the word “restrict” is sufficient as it relates to the
prohibitions of the specific uses as outlined in the applicant’s proffer statement.
Council Member Barclay, on a motion seconded by Council Member Gardy, moved that the ordinance
be adopted, with conditions as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
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City Council Regular Meeting March 21, 2012
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY
OF SUFFOLK, FOR PROPERTY LOCATED AT 3300 EBERWINE LANE, FURTHER
IDENTIFIED AS ZONING MAP 12, PARCEL 13D, RZ6-11 CONDITIONAL
Public Hearing - An ordinance granting Rezoning Request, RZ03-11 (Conditional), submitted by
John H. Peterson, Jr., of Terry Peterson Residential Thirty, L.L.C. applicant and property owner,
amending the proffered conditions to increase the number of residential units from 600 to 1000 and to
amend the design standards for the Hampton Roads Crossing Mixed-Use Development
Utilizing a PowerPoint presentation, Planning and Community Development Director Mills presented
the background information as printed in the official agenda.
Whitney Saunders, 705 West Washington Street, representing John H. Peterson, Jr., of Terry Peterson
Residential Thirty, L.L.C. applicant and property owner, spoke in support of the proposed ordinance.
Janet Gurwell, 105 Brewer Avenue, representing self, spoke in opposition in general to increases in
density or changes in zoning.
Whitney Saunders, 705 West Washington Street, representing John H. Peterson, Jr., of Terry Peterson
Residential Thirty, L.L.C. applicant and property owner, spoke in support of the proposed ordinance.
Hearing no other speakers, the public hearing was closed.
Referring to the presentation, Council Member Parr asked for clarification about the proffer related to
the applicant’s contribution to advance capacity of the middle school. Planning and Community
Development Director Mills explained that the applicant has requested an increase to the maximum of
1000 units and associated with the increase is a proffer to delay the construction of the requested
400 additional residential units until such time as a new high school and additional capacity in the
middle school system are built by Suffolk Public Schools.
Referring to the presentation, Council Member Parr opined about the need for the applicant to come
back to City Council to build the additional 400 residential units. Planning and Community
Development Director Mills replied that the developer would not need to come back to City Council for
the additional 400 residential units.
Referring to the presentation, Council Member Parr inquired about the location of the parcel as it relates
to the Route 17 Special Taxing District. Planning and Community Development Director Mills said that
the parcel is located in the aforementioned district.
Referring to the presentation, Council Member Bennett asked for clarification of the proffer related to
the applicant’s contribution to advance capacity of the middle school. Planning and Community
Development Director Mills explained that the applicant has requested an increase to the maximum of
1000 units and associated with the increase is a proffer to delay the construction of the requested 400
additional residential units until such time as a new high school and additional capacity in the middle
school system are built by Suffolk Public Schools.
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City Council Regular Meeting March 21, 2012
Council Member Barclay, on a motion seconded by Vice Mayor Brown, moved that the ordinance be
adopted, with conditions as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY
OF SUFFOLK, TO AMEND THE PROFFERED CONDITIONS OF THE HAMPTON ROADS
CROSSING MIXED-USE DEVELOPMENT FOR TAX MAP 13G, PARCELS 2, R, C, C*1A,
AND C*1B, HAMPTON ROADS CROSSING, RZ03-11 CONDITIONAL
Council Member Bennett, on a motion seconded by Council Member Barclay, moved to reconsider an
ordinance granting Conditional Use Permit Request C21-11 that was continued to the April 18, 2012,
City Council meeting earlier in tonight’s proceedings.
Referring to the motion, Vice Mayor Brown called for clarification. City Attorney Holland explained
that an affirmative vote for the motion would support the reconsideration of an ordinance granting
Conditional Use Permit C21-11, and a vote in opposition to the motion would mean the previous action
would remain in place.
Council Member Bennett, on a motion seconded by Council Member Barclay, moved to reconsider an
ordinance granting Conditional Use Permit Request C21-11 that was continued to the April 18, 2012,
City Council meeting earlier in tonight’s proceedings, by the following roll call vote:
AYES: Council Members Barclay, Bennett, Duman,
and Johnson 4
NAYS: Council Members Gardy, Milteer, Parr, and Brown 4
ORDINANCES
Ordinance - An ordinance granting Conditional Use Permit Request C19-11, Tabernacle Childcare
Center, submitted by Erika R. Hoggard, applicant, on behalf of Tabernacle Baptist Church, property
owner, to permit a child day care center in accordance with Sections 31-306, 31-406, and 31-701(b)(16)
of the Unified Development Ordinance
Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a
report on the background information as printed on the official agenda and the distributed letter from the
Public Works Department.
Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the
ordinance, with conditions as presentation.
Referring to the presentation, Council Member Duman asked about the feasibility of requiring the
applicant to install one turn lane in the westbound direction instead of the requirement to install right
and left turns as outlined in the proposed ordinance. Traffic Engineer Robert Lewis explained that data
shows that in order to maintain road safety in these instances, both right and left turn lanes is the most
appropriate approach.
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City Council Regular Meeting March 21, 2012
Referring to the presentation, Vice Mayor Brown opined about alternative safety options.
Traffic Engineer Lewis advised that a reduction in the speed limit might be feasible in the future after
the completion of a comprehensive engineering study and if that study’s findings meet the criteria in
accordance with national standards and City policy. He added that the turn lanes are still a critical
component of road safety.
Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the
ordinance, with conditions as presented, by following roll call vote:
AYES: Council Members Barclay, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 7
NAYS: Council Member Bennett 1
Ordinance - An ordinance amending Chapter 74 of the Code of the City of Suffolk establishing a
requirement that the permittee promptly remove all utility markings upon completion of work
Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen provided an overview of the
background information as printed in the official agenda.
Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance
as presented.
Referring to the presentation, Council Member Parr inquired about the feasibility of making permittees
use water soluble paint for utility markings on impervious surfaces. Public Works Director Nielsen
stated that staff could consider that suggestion.
Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance
as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF THE CITY OF SUFFOLK
ESTABLISHING A REQUIREMENT THAT THE PERMITTEE PROMPTLY REMOVE ALL
UTILITY MARKINGS UPON COMPLETION OF WORK
Ordinance - An ordinance to amend Section 90-478 of the Code of the City of Suffolk regarding sewer
services for major subdivisions within the Village Center zoning districts
Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor gave a synopsis of the
background information as printed in the official agenda.
Referring to the presentation, Council Member Barclay opined about the possible areas impacted by the
proposed ordinance, specifically the areas of Holland and Whaleyville. Public Utilities Director Moor
advised that that the proposed ordinance does not only impact those two areas as there are places in
Chuckatuck that do not currently have sewer service.
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City Council Regular Meeting March 21, 2012
Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the
ordinance as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
AN ORDINANCE TO AMEND SECTION 90-478 OF THE CODE OF THE CITY OF SUFFOLK
REGARDING SEWER SERVICES FOR MAJOR SUBDIVISIONS WITHIN THE VILLAGE
CENTER ZONING DISTRICTS
Ordinance - An amended and restated ordinance authorizing the City Manager to enter into a boundary
line agreement with the Economic Development Authority of the City of Suffolk and Suffolk Specialty
Shops, L.L.C.
Utilizing a PowerPoint presentation, Economic Development Director Hughes presented the background
information as printed in the official agenda.
Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the
ordinance as presented, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
AN AMENDED AND RESTATED ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A BOUNDARY LINE AGREEMENT WITH THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF SUFFOLK AND SUFFOLK SPECIALTY
SHOPS, L.L.C
RESOLUTIONS
There were no items under this portion of the agenda.
STAFF REPORTS
There were no items under this portion of the agenda.
MOTIONS
Motion - A motion to schedule a Work Session for April 4, 2012, at 4:00 p.m., unless canceled or called
earlier by the Mayor
Council Member Milteer, on motion seconded by Council Member Duman, moved to a Work Session
for April 4, 2012, at 4:00 p.m., unless canceled or called earlier by the Mayor, by the following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
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City Council Regular Meeting March 21, 2012
NON-AGENDA SPEAKERS
Deborah Topping, 219 King Charles Court, representing self, spoke in support of funding for
Suffolk Public Schools.
Paul Gillis, 2536 Woodland Trail, was not present when called.
The following individuals spoke in support of the implementation of the City’s recent compensation and
classification study:
Christopher McDowell, 21192 Woods Trail, Franklin, Virginia, representing self.
Doug Allison, 49 Redbird Lane, Gates, North Carolina, representing self.
Joe Arrowood, 1204 Lummis Road, representing self.
James Brown, 17740 Bowling Green Road, Smithfield, Virginia, representing self.
Peter Lipphardt, 1307 Mill Oak Court, representing self, was not present when called.
Kathleen Smith, 1202 Mill Lane Quarter, representing self, spoke in support of an exemption from real
estate taxes of common property in subdivisions.
Susan Baines, 7012 Ruritan Boulevard, representing self, spoke in support of the implementation of the
City’s recent compensation and classification study.
Janet Gurwell, 105 Brewer Avenue, representing self, opined about utility markings and the
implementation of the City’s recent compensation and classification study.
NEW BUSINESS
Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration.
City Clerk Dawley presented the following nominations for City Council’s consideration: a motion to
nominate and appoint the following individuals to the Agricultural, Forrestal and Open Space Advisory
Committee: J.P. Faulk Jr., Frank Holland, Michael Lane, Edmond Morris, Clarence Riddick,
Benny Speight, Monte Walden, Jesse Williams, City Assessor Jean Jackson, and Mayor Linda T.
Johnson; and Planning Commission – Donald Mills.
Council Member Parr, on motion seconded by Council Member Gardy, moved to appoint the above
referenced individuals to the aforementioned bodies.
Council Member Bennett moved to vote on the above referenced items separately. The motion failed for
lack of a second.
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City Council Regular Meeting March 21, 2012
Council Member Parr, on a motion seconded by Council Member Gardy, moved to appoint the above
referenced individuals to the aforementioned bodies, by the following vote:
AYES: Council Members Barclay, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 7
NAYS: Council Member Bennett 1
Council Member Parr called for a resolution for consideration at a future City Council meeting
requesting that Governor Robert McDonnell and the members of General Assembly provide a dedicated
funding source for transportation. Council Member Parr also asked Council Member Barclay and
Mayor Johnson to provide a summary of the information shared at the recent Hampton Roads
Transportation Planning Organization meeting on this issue. Council Member Barclay offered a
summary of the information shared at the recent Hampton Roads Transportation Planning Organization
meeting on this issue.
Council Member Barclay asked City Manager Cuffee-Glenn for a report on the State’s proposal for tolls
on the Downtown and Midtown Tunnels and the impact of those tolls on the residents of Suffolk.
City Manager Cuffee-Glenn said that it would be appropriate to invite Dwight Farmer, Executive
Director, Hampton Roads Planning District Commission to make a presentation on these issues, as the
agency has taken the lead for the region.
Council Member Barclay, on a motion seconded by Council Member Parr, moved to direct
City Manager Cuffee-Glenn to proceed with the following two items for the April 4, 2012, City Council
work session and meeting, respectively: to schedule a presentation from Dwight Farmer, Executive
Director, Hampton Roads Planning District Commission, regarding the impact on residents of Suffolk of
the State’s plan to enact tolls on the Downtown and Midtown Tunnels and to prepare a resolution for
City Council’s consideration requesting a dedicated funding source for transportation to
Governor Robert McDonnell and the members of the General Assembly, by the following roll call vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
ANNOUNCEMENTS AND COMMENTS
Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Diana Klink
reported on the following activities: the graduation of the Suffolk Leadership Academy;
Suffolk Restaurant Week; the kickoff of Parks and Recreation Department’s Planet Recreation Camp,
Outdoor Adventure Kamp, Hoops for Life, and Discover Your Future; the Increase the Peace Fashion
Show; the Eggsstravaganza at Bennett’s Creek Park; the Third Annual Teen Iron Chef Competition;
Global Youth Services Day and the Great American Clean Up; Recycling and Tire Amnesty Day; and
the State of the City Address.
Council Member Duman expressed his appreciation to staff of the Public Works Department for their
efforts in resolving a resident’s concern on Crittenden Road.
Council Member Duman congratulated the recent graduates of the Suffolk Leadership Academy and
City Attorney Holland on her new position.
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City Council Regular Meeting March 21, 2012
Council Member Duman advised that the American Red Cross will be hosting its Annual Paint the
Town Red Fundraiser.
Council Member Barclay congratulated City Attorney Holland on her new position.
Council Member Barclay opined about his recent Town Hall Meeting.
Council Member Barclay acknowledged the Parks and Recreation Department’s installation of the new
fishing pier at Bennett’s Creek Park.
Council Member Gardy thanked City employees for their efforts.
Council Member Bennett acknowledged the recent graduates of the Suffolk Leadership Academy.
Council Member Bennett opined about the upcoming mosquito control season.
Council Member Bennett reported a request for ditch cleaning from Nansemond River High School to
Driver.
Council Member Bennett congratulated City Attorney Holland on her new position.
Council Member Bennett thanked City employees for their efforts.
Council Member Bennett explained that he voted in error to continue consideration of an ordinance
granting Conditional Use Permit Request C21-11, submitted by Dave France, PE of Kimley-Horn and
Associates, Inc. on behalf of Suffolk Public Schools.
Council Member Bennett advised that residents from Suffolk Meadows have reported increased truck
traffic in their area.
Council Member Bennett called for information on boards and commissions appointments for the last
eight years.
Council Member Parr congratulated City Attorney Holland on her new position.
Council Member Parr reported he attended the Sister Cities Commission Youth Art Show.
Council Member Parr announced he participated in the recent Shamrock Stroll.
Council Member Parr thanked the Public Works Department for their effort in resolving an issue.
Council Member Milteer congratulated City Attorney Holland on her new position.
Council Member Milteer announced he attended the Suffolk Leadership Academy Graduation
ceremony.
Vice Mayor Brown congratulated City Attorney Holland on her new position.
Mayor Johnson congratulated City Attorney Holland on her new position.
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City Council Regular Meeting March 21, 2012
Mayor Johnson announced she attended the Sister Cities Commission Youth Art Show.
Mayor Johnson advised that she will be participating in the Prevent Child Abuse Hampton Roads 30th
Annual Celebrity Night and the American Red Cross Paint the Town Red fundraisers.
ADJOURNMENT
Council Member Gardy, on a motion seconded by Council Member Parr, moved to adjourn, by the
following vote:
AYES: Council Members Barclay, Bennett, Duman, Gardy,
Milteer, Parr, Brown, and Johnson 8
NAYS: None 0
There being no further business to come before City Council, the regular meeting was adjourned at
10:15 p.m.
Teste: ________________________________________________
Erika S. Dawley, City Clerk
Approved: ____________________________________________
Linda T. Johnson, Mayor
APPROVED: APRIL 4, 2012
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Agenda
SUFFOLK CITY COUNCIL AGENDA
March 21, 2012
7:00 p.m.
City Council Chamber
1. Call to Order
No City Council action required.
2. Nonsectarian Invocation
No City Council action required.
3. Approval of the Minutes
Approved 8-0
4. Special Presentation - Presentation of a resolution posthumously recognizing
Sylvester Jones for his years of service to the City of Suffolk
Approved 8-0
5. Removal of Items from the Consent Agenda and Adoption of the Agenda
Approved 8-0
6. Agenda Speakers
No City Council action required.
7. Consent Agenda - An ordinance to accept and appropriate proceeds resulting
from the sale of certain lands associated with the Suffolk Foreclosure Mitigation
and Neighborhood Stabilization Program
Approved 8-0
8. Public Hearing - A public hearing to consider an ordinance granting an
exemption from taxation to the Suffolk Youth Athletic Association, Incorporated
Approved 8-0
9. Public Hearing - An ordinance granting Conditional Use Permit Request C21-
11, submitted by Dave France, PE of Kimley-Horn and Associates, Inc. on behalf
of Suffolk Public Schools, applicant, and on behalf of Marion and Lydia Harrell,
property owners, to permit a public elementary school, in accordance with
Sections 31-306 and 31-406 of the Unified Development Ordinance
A motion to continue consideration of the item to April 18, 2012,
City Council meeting was approved by a vote of 5-3
(Mayor Johnson, Council Member Barclay and Council Member
Gardy voted in opposition.)
10. Public Hearing - An ordinance granting Rezoning Request RZ01-12, for a
change in zoning from C, Conservation District, to B2, General Commercial
District, and from B2, General Commercial District, to C, Conservation District,
for property located 1217 North Main Street
Approved 8-0
11. Public Hearing - An ordinance granting Rezoning Request RZ06-11
(Conditional), submitted by John D. Eure, Jr. of Eure and Bredemeyer, PLLC on
the behalf of David H. Eberwine of Eberwine Properties, LLC, applicant and
property owner, to request a change in zoning from RR, Rural Residential Zoning
District to M-1, Light Industrial Zoning District (Conditional)
Approved 8-0
12. Public Hearing - An ordinance granting Rezoning Request, RZ03-11
(Conditional), submitted by John H. Peterson, Jr., of Terry Peterson Residential
Thirty, L.L.C. applicant and property owner, amending the proffered conditions to
increase the number of residential units from 600 to 1000 and to amend the
design standards for the Hampton Roads Crossing Mixed-Use Development
Approved 8-0
13. Ordinance - An ordinance granting Conditional Use Permit Request C19-11,
Tabernacle Childcare Center, submitted by Erika R. Hoggard, applicant, on
behalf of Tabernacle Baptist Church, property owner, to permit a child day care
center in accordance with Sections 31-306, 31-406, and 31-701(b)(16) of the
Unified Development Ordinance
Approved 7-1 (Council Member Bennett voted in opposition.)
14. Ordinance - An ordinance amending Chapter 74 of the Code of the City of
Suffolk establishing a requirement that the permittee promptly remove all utility
markings upon completion of work
Approved 8-0
15. Ordinance - An ordinance to amend Section 90-478 of the Code of the City of
Suffolk regarding sewer services for major subdivisions within the Village Center
zoning districts
Approved 8-0
16. Ordinance - An amended and restated ordinance authorizing the City Manager
to enter into a boundary line agreement with the Economic Development
Authority of the City of Suffolk and Suffolk Specialty Shops, L.L.C.
Approved 8-0
17. Resolutions
No City Council action required.
18. Staff Reports
No City Council action required.
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19. Motion - A motion to schedule a Work Session for April 4, 2012, at 4:00 p.m.,
unless canceled
Approved 8-0
20. Non-Agenda Speakers
No City Council action required.
21. New Business
A motion to nominate and appoint the following individuals to the
following boards and commissions by a vote of 7-1. (Council Member
Bennett voted in opposition.):
Agricultural, Forrestal and Open Space Advisory Committee: J.P.
Faulk Jr.; Frank Holland; Michael Lane; Edmond Morris; Clarence
Riddick; Benny Speight; Monte Walden and Jesse Williams
Planning Commission – Donald Mills
22. Announcements and Comments
No City Council action required.
23. Adjournment
Approved 8-0
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