City Council Meeting Agendas

City Council Regular Meeting December 7, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 7, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Goldberg offered the Invocation and led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of December 7, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, and Johnson 6 NAYS: None 0 ABSTAIN: Council Members Ward and Williams 2 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF DECEMBER 7, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 7, 2022 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the June 1, 2022, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 SPECIAL PRESENTATION There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman said that a motion was in order at this time to adopt the agenda, as presented. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adopt the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to accept and appropriate funds from Suffolk Business Women, Incorporated for the Suffolk Sheriff’s Department Consent Agenda Item #8 – An ordinance to accept and appropriate funds for the Suffolk Sheriff’s Department Operation Helping Hands Toy Drive Consent Agenda Item #9 – An ordinance to accept and appropriate Community Flood Preparedness funds from the Virginia Department of Conservation and Recreation and transfer funding from the Stormwater Capital Contingency Account for the Kimberly Bridge Feasibility Study Referring to Consent Agenda Items #7 through #9, City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting December 7, 2022 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing – An ordinance authorizing the execution of a lease agreement for Restaurant Services at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes gave a summary of the background information as printed in the official agenda. Aubrey W. Powers, 4550 Desert Road, representing Suffolk BBQ Co., spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR RESTAURANT SERVICES AT THE SUFFOLK EXECUTIVE AIRPORT Public Hearing – An ordinance to amend Section 86-291 of the Code of the City of Suffolk restricting through truck traffic on Shoulders Hill Road, Dutchess Way, Baron Boulevard, and Suffolk Meadows Boulevard Utilizing a PowerPoint presentation, Public Works Director Robert Lewis gave a report of the background information as printed in the official agenda. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, spoke in support of the proposed ordinance. Ann Harris, 2455 Lake Cohoon Road, representing self, spoke in support of the proposed ordinance. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett called for clarification about the types of trucks that the ordinance would restrict. Public Works Director Lewis explained that the restriction would comply with Virginia law, which identifies trucks over 7,500 pounds. 3 City Council Regular Meeting December 7, 2022 Council Member Fawcett inquired about markers that will identify the truck restricted areas. Public Works Director Lewis advised there would be a series of signs on Shoulders Hill Road/Route 17, and upon the completion of the road project in that area, large highway signs will also be erected. Council Member Fawcett asked about the feasibility of putting signs about the truck restrictions at traffic signals. Public Works Director Lewis advised that signs will be erected before the traffic signal. He explained construction in the area makes the situation fluid. He also reminded City Council that the proposed truck restriction will not prohibit trucks that are delivering to the designated area. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented. Council Member Goldberg asked about the impact of the proposed ordinance on semi-tractor trailer moving trucks. City Manager Moor advised that the ordinance would not apply, since those cases would be considered a local stop. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND SECTION 86-291 OF THE CODE OF THE CITY OF SUFFOLK RESTRICTING THROUGH TRUCK TRAFFIC ON SHOULDERS HILL ROAD, DUTCHESS WAY, BARON BOULEVARD, AND SUFFOLK MEADOWS BOULEVARD Public Hearing – An ordinance to authorize the disposition of property located in Suffolk Industrial Park to the Economic Development Authority of the City of Suffolk Utilizing a PowerPoint presentation, Economic Development Director Nicolas Langford gave a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AUTHORIZE THE DISPOSITION OF PROPERTY LOCATED IN SUFFOLK INDUSTRIAL PARK TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SUFFOLK 4 City Council Regular Meeting December 7, 2022 Public Hearing – A public hearing to receive public comment on an ordinance authorizing conveying a 30’ permanent Hampton Roads Sanitation District (HRSD) utility easement, a variable width temporary HRSD construction easement, and a 25’ permanent HRSD ingress / egress easement, for the District’s Suffolk Pump Station Replacements Project Utilizing a PowerPoint presentation, Parks and Recreation Director Mark Furlo gave a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Ward, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE AUTHORIZING CONVEYING A 30’ PERMANENT HAMPTON ROADS SANITATION DISTRICT (HRSD) UTILITY EASEMENT, A VARIABLE WIDTH TEMPORARY HRSD CONSTRUCTION EASEMENT, AND A 25’ PERMANENT HRSD INGRESS / EGRESS EASEMENT, FOR THE DISTRICT’S SUFFOLK PUMP STATION REPLACEMENTS PROJECT Public Hearing – An ordinance to authorize the vacation of parts of two (2) plats of the River Highlands Subdivision Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne submitted a report of the background information as printed in the official agenda. He added that he will provide one staff report for the above referenced item and the following item, an ordinance to authorize a quitclaim deed between the City of Suffolk and NRCG Development, LLC, to release two (2) portions of passive open space within the River Highlands Subdivision from Deeds of Easement for the Maintenance of Common Areas, as they are companion pieces, however, it is a legal requirement to conduct two separate public hearings. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing NRGC Development, LLC, spoke in support of the proposed ordinance. Christopher Dove, 852 Colonel Meade Drive, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented Council Member Johnson inquired about whether the City was replacing the lost open space. Interim Planning and Community Development Director Wyne replied in the negative and explained that the proposed ordinance would supply access to the applicant’s open space. 5 City Council Regular Meeting December 7, 2022 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AUTHORIZE THE VACATION OF PARTS OF TWO (2) PLATS OF THE RIVER HIGHLANDS SUBDIVISION Public Hearing – An ordinance to authorize a quitclaim deed between the City of Suffolk and NRCG Development, LLC, to release two (2) portions of passive open space within the River Highlands Subdivision from Deeds of Easement for the Maintenance of Common Areas Interim Planning and Community Development Director Wyne reiterated the information as presented in the previous report and printed in the official agenda. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing NRGC Development, LLC, spoke in support of the proposed ordinance. Christopher Dove, 852 Colonel Meade Drive, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK AND NRCG DEVELOPMENT, LLC, TO RELEASE TWO (2) PORTIONS OF PASSIVE OPEN SPACE WITHIN THE RIVER HIGHLANDS SUBDIVISION FROM DEEDS OF EASEMENT FOR THE MAINTENANCE OF COMMON AREAS ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. 6 City Council Regular Meeting December 7, 2022 MOTIONS Motion – A motion to cancel the January 4, 2023, City Council Meeting Council Member Williams, on a motion seconded by Vice Mayor Bennett, moved to cancel the January 4, 2023, City Council Meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule the City Council Investiture Ceremony and Reorganizational Meeting for Tuesday, January 3, 2023, at 1:00 p.m., in City Council Chamber Council Member Johnson, on a motion seconded by Council Member Ward, moved to schedule the City Council Investiture Ceremony and Reorganizational Meeting for Tuesday, January 3, 2023, at 1:00 p.m., in City Council Chamber, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule a City Council Work Session, for Wednesday, December 21, 2022, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, December 21, 2022, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, opined about traffic and requested a new study from the Hampton Roads Planning District Commission about the impacts of rail. Ann Harris, 2455 Lake Cahoon Road, representing self, opined about traffic in relation an upcoming proposed rezoning on Lake Kilby. Bryan Harris, 2455 Lake Cahoon Road, representing self, opined about the inclusion of agriculture in the Comprehensive Plan. 7 City Council Regular Meeting December 7, 2022 NEW BUSINESS Council Member Goldberg, on a motion seconded by Council Member Ward, moved to direct City Manager Moor to include a presentation regarding the Freedom Flag, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Council Member Fawcett asked whether a motion is needed to ask for another rail impact study from the Hampton Roads Planning District Commission. Mayor Duman advised it could be requested under announcements and comments. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: Chief Deputy Treasurer Andrew Owen’s inclusion in “Top 40 Under Forty” in Inside Business; 2022 Stuff the Police Car event; 2022 Suffolk Fire and Rescue Department Recognition Ceremony; Suffolk Police Department Badge Pinning; Purchasing Division’s participation in the Small, Women-owned, and Minority-owned Business Fair; invitation to apply for the 2023 Suffolk Earth and Arts Festival; call for entries to the 39th Annual Juried Photography Exhibition; Painting the Town for the Holidays event; Santa’s Pottery Workshop at East Suffolk Recreation Center; How the Grinch Stole East Suffolk Recreation Center event; Winter Wonderland Camp for individuals with disabilities at Creekside Recreation Center; and Suffolk Holiday Parade, Jingle Mingle and Meet Santa events. Council Member Johnson offered congratulations to the Suffolk Fire and Rescue Department honorees and Suffolk Police Department’s recent graduates. Council Member Johnson opined the Public Works Department Citizens Academy. Council Member Fawcett asked for a new study from the Hampton Roads Planning District Commission about rail impacts. Council Member Williams reported he attended the funeral of the late Congressman A. Donald McEachin. Council Member Goldberg asked about the weight limit on the Broad Street Bridge. Public Works Director Lewis said the weight limit is the standard highway weight. Council Member Goldberg asked for a new study from the Hampton Roads Planning District Commission about rail impacts. Council Member Ward reported he attended a vigil for the Walmart shooting victims in Chesapeake. Council Member Ward commented on the passing of the late former NAACP Nansemond-Suffolk Branch President Paul Gillis. Council Member Ward reported he attended the funeral of the late Congressman A. Donald McEachin. 8 City Council Regular Meeting December 7, 2022 Vice Mayor Bennett asked for a new study from the Hampton Roads Planning District Commission about rail impacts. Vice Mayor Bennett offered congratulations to the Suffolk Fire and Rescue Department honorees. Vice Mayor Bennett invited residents to donate to Salvation Army bell ringers. Vice Mayor Bennett commented on the passing of the late former NAACP Nansemond-Suffolk Branch President Paul Gillis. Mayor Duman commented on the passing of the late former NAACP Nansemond-Suffolk Branch President Paul Gillis. Mayor Duman opined about the passing of the late Congressman A. Donald McEachin. Mayor Duman advised he attended the Bon Secours Harbour View Hospital Groundbreaking. Mayor Duman offered remarks about Suffolk’s National Night Out Award. Mayor Duman reported he attended the Public Works Department’s Citizens Academy graduation. Mayor Duman announced he attended Council Member Williams’ holiday food giveaway. Mayor Duman reiterated that the United States Capitol holiday tree stopped through Suffolk. Mayor Duman congratulated recent Suffolk Police Department graduates. Mayor Duman reported his attendance at the Hampton Roads Mayors and CEO Work Session on crime. Mayor Duman opined about a future public safety committee. Mayor Duman remarked about Pearl Harbor Day. Mayor Duman talked about train impacts. Mayor Duman wondered about a fine for thru trucks in restricted areas. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to adjourn, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 9 City Council Regular Meeting December 7, 2022 There being no further business to come before City Council, the regular meeting was adjourned at 7:54 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: JUNE 7, 2023 10